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The ILO, International Labour

Standards and Supervisory


Mechanisms

Presented by
Cerilyn A. Pastolero
Project Coordinator, ILO Manila

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Key Points for Discussion

What are What are the


What is the ILO? International ILO’s supervisory
Labour mechanisms?
Standards?

Improved understanding and appreciation of what the ILO does


and the value of international labour standards

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The International Labour
Organization
• UN Specialized agency
• The only tripartite • Devoted to advancing
organization in the UN, decent work for women
employers and workers and men
have equal voice with
that of government
• 185 member States
• 40 field offices
throughout
the world
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4 Pillars of Decent Work
1.
Rights
At work 2.Employment

Strategic
Objectives
4. Social
Dialogue
3. Social
Protection

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What the ILO Does
 Set international standards & monitoring

implementation
 Provide technical assistance – Advisory services,

Technical cooperation project


 Promote development of employers' & workers'

organizations
 Foster dialogue between constituents

 Research and statistics

 Forums and training your name


Types of International
Instruments
Convention
Recommendation
(206
Protocol
Declaration Resolution
Guidelines Memorandum
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Characteristics
of standards
Standards are set at the global
level & are applicable to
countries of different contexts

The standards are set in the


spirit of realism & effectiveness

Reflects tripartite
international consensus
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National Standards should go
above the International
National Labour Standards
Safety & Minimum
Working Health Age
Hours
No
Maternity Discrimination
Protectio
n Collective
FOA Bargaining

Minimum International
International Labour Standards
Standards your name
• What are the matters covered by
ILS? All matters related to work,
such as:
FOA, Forced Equality
collective bargaining labour
& industrial relations Occupational
& many other issues safety
in the world of work & health
Social Security

Tripartite Hours of work


Wages consultation & rest

Vocational guidance Employment policy Migrant


& training and promotion workers
• Eight are up-to-date fundamental
Conventions (Declaration on
Fundamental Principles & Rights
at Work, 1998)
– FoA & collective bargaining
– elimination of forced labour
– abolition of child labour
– elimination of discrimination at work
• Four Conventions are governance
Conventions
– employment policy
– labour inspection
– labour inspection in agriculture
– tripartite consultation
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Ratification
• Official commitment to be bound by the
requirements of a Convention under
international law
• Political decision
• Cannot involve reservations

• Consequences:
(1) implementation of the Convention, both
in law and in practice;
(2) oversight by the supervisory mechanisms

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How ratified Conventions
should be implemented?

National Laws
u s t be Labour Standard Law
M stent
Convention Cons
i Trade Union Act
Manpower Act
Article 1… etc…
Article 2…
Article 3… Enforcement
Article 4… Must
Cons be
isten
t Practice
Must be implemented properly

Regular monitoring, check-up and technical support


through “Supervisory Mechanism”
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The ILO Supervisory Mechanisms

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Supervisory Mechanism
ILO has developed the supervisory mechanism
to ensure/support the implementation of
ratified Conventions by Member States

Regular Reporting Mechanism

Special Complaint Mechanism

Special Mechanism for FOA


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2 Main Bodies under
Regular Supervision

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Value of Art.22 Report
( Regular Supervision)
Workers’ Gov. must provide additional
observations ILO information/ explanation to
the CEACR
Committee of
Tripartite report Experts on
Dir. Request
(ideally) Application of
Government
Conventions and Observation
Recommendations
Employers’
observations

Workers’
Annual Report of
ILO Group
25 selected
the Committee of Experts
Conference Committee on
serious cases • Compilation of observations,
Application of Conventions &
interpretations,
Recommendations Employers’ recommendations of the CEACR
Group on non-observance and specific
violation cases
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Content of Detailed Reports

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Comments of CEACR

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Reporting on ratified Conventions:
CEACR

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Special Procedures
1. “Representations” by employers’ or workers’
organizations (art. 24)
2. “Complaints” by member States or delegates
to the International Labour Conference (art.
26)
3. Complaints alleging violation of FoA
principles
– Governing Body Committee on FoA
– Regardless whether country is bound
by Conventions on FoA. 22 your name
CFA PROCEDURE:
Complaint Insufficiently Government
substantiated
allegations Sufficiently
substantiated
Director General allegations

CFA
•Considers government’s observations & may ask for
further facts or statements from the complainant and/or
government
•Proposes conclusions and recommendations to the
* Average
period Governing Body
before
complaint
is first filed Governing Body CEACR to monitor
actions taken in the case
is 10 CFA to monitor of ratified Conventions
months actions taken your name
THANK YOU!!

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