International Labour Standards 2
International Labour Standards 2 : Since 1919, the International Labour Organization (ILO) and its tripartite structure, encompassing governments of Member States and employers' and workers' organizations, have built up a system of international standards in all work-related matters. These ILO standards take the form of international labour Conventions and Recommendations. Conventions are international treaties, subject to ratification by Member States. Recommendations are non-binding instruments - often dealing with the same subjects as Conventions - which set out guidelines orienting national policy and action. Both forms are intended to have a concrete impact on working conditions and practices around the world. By 1 January 2005, the ILO had adopted 185 Conventions and 195 Recommendations covering a broad range of subjects: freedom of association and collective bargaining; tripartite consultation; equality of treatment and opportunity; abolition of forced and child labour; employment promotion and vocational training; social security; conditions of work; labour administration and labour inspection; prevention of work-related accidents; maternity protection; and the protection of migrants and other categories of workers such as seafarers, nursing personnel or plantation workers. More than 7,000 ratifications have been registered so far. International labour standards play an important role in the elaboration of national laws, policies and judicial decisions, and in the provisions of collective agreements. Whether or not a country has ratified a particular Convention, the standards provide guidance for the operation of national labour institutions and mechanisms, and sound labour and employment practices. Thus, international labour standards have an impact on both national law and national practice, which goes well beyond simply adapting legislation to the requirements or a ratified Convention. The application of international labour standards is subject to constant supervision by the ILO. Each Member State is required to present periodically a report on the measures taken, in law and practice, to apply each Convention it has ratified. At the same time, it must send copies to employers' and workers' organizations, which also have a right to submit information. The Government's reports are first examined by the Committee of Experts on the Application of Conventions of Recommendations, a body of 20 eminent figures in the legal and social fields who are independent of governments and appointed in their personal capacity. The Committee submits an annual report to the International Labour Conference, where it is closely examined by the Conference Committee on the Application of Conventions and Recommendations, a tripartite committee of government, employer and worker members. In parallel with these regular supervisory mechanisms, employers' and workers 'organizations can initiate contentious proceedings, called "representations", against a Member State for its alleged non-compliance with a Convention it has ratified. If the representation is judged receivable by the ILO Governing Body, it appoints a tripartite committee to study the question. This committee subsequently submits a report containing its conclusions and recommendations to the Governing Body. Moreover, any Member State can lodge a complaint with the International Labour office against another Member State which, in its opinion, has not ensured in a satisfactory manner the implementation of a Convention which both of them have ratified. The Governing Body has the option to establish a Commission of Inquiry to study the question and present a report on the subject. This process may also be set in motion by the Governing Body itself or following a complaint by a delegate to the International Labour Conference. If necessary, the Commission of Inquiry formulates recommendations on measures to be taken. If governments do not accept these recommendations, they may submit the question to the International Court of Justice. A special procedure in the field of freedom of association was set up by the ILO in 1950. It is based on complaints submitted by governments or by employers' or workers' organizations against a Member State even if it has not ratified the relevant Conventions. This is possible because, by becoming a Member of the ILO, a State has to comply with the principle of freedom of associations laid down in the Constitution of the Organization itself. The machinery set up in this field comprises two different bodies. One is the Factfinding and Conciliation Commission, which requires the consent of the government concerned. The Commission's procedure is comparable to that of a Commission of Inquiry and its reports are published. Six such commissions have been established. The second of these bodies is the Committee on Freedom of Association. This tripartite Committee is appointed by the ILO Governing Body from among its own members. Since it was first established, the Committee has dealt with more than 2,200 cases covering a wide range of aspects of freedom of association: arrest and disappearance of trade unionists; intervention in trade union activities; legislation not in conformity with freedom of association principles, and so on. The Committee meets yearly in March, May and November in Geneva. See: International Labour Conference; International Labour office; International Labour
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