Trade Union Training on ILS and the ILO Declaration on
Fundamental Principles and Rights at Work
ILO DECLARATION ON
FUNDAMENTAL PRINCIPLES AND
RIGHTS AT WORK AND ITS FOLLOW-UP
18 February 2005
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Declaration: background and history
1994: Director-General’s Report to the ILC
1995: UN Social Summit, Copenhagen
1996: WTO Ministerial Conference, Singapore
1996: OECD Study on International Trade and Core
Labour Standards
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Declaration: rationale
To face globalization through social justice
To affirm a universal consensus on basic workers’ rights
To recall the ILO’s role to promote their respect
To reaffirm that labour rights should not be used for
protectionist purposes
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Declaration: content
All Members have an obligation to promote,
to respect and to realize the principles
concerning the fundamental rights at work
Article 2 of the Declaration
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Which principles and rights?
Freedom of association and the effective recognition of the
right to collective bargaining
The elimination of all forms of forced or compulsory labour
The effective abolition of child labour
The elimination of discrimination in respect of employment
and occupation
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Fundamental principles and rights at work
and core labour standards
Freedom of association
No. 87
and collective bargaining
(C.87 and C.98)
No. 98
Elimination of forced labour
(C.29 and C.105)
No. 111 No. 100 No. 29 No. 105
Abolition of child labour
(C.138 and C.182)
No.138
Elimination of discrimination
(C.110 and C.111)
No. 182
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Why are these rights fundamental?
Because they are “enabling rights”
Because they are unanimously and universally accepted
Because their realization does not depend on the
level of development
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Declaration: main features
Is a promotional tool
Is a reaffirmation of ILO constitutional principles
Recognizes reciprocal obligations (ILO and member States)
Cannot be used for protectionist purposes
Has a follow-up machinery
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Follow-up: three elements
Technical
cooperation
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Follow-up: main characteristics
Is an integral part of the Declaration
Is strictly promotional
Is not a duplicate of or a substitute for the supervisory
mechanisms on ratified Conventions and on freedom of
association
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Follow-up: Annual Review
Countries involved
those which have not ratified one or more of the core
Conventions
Focus
all categories each year
Purpose
to identify obstacles or progresses in respect of
fundamental principles and rights at work
to create a baseline
to identify areas calling for technical cooperation
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Follow-up: Annual Review modalities
April - May ILO Office sends report forms to member States
May - August Member States prepare reports
Workers’ and employers’ organizations prepare comments
September 1st ILO Office must receive reports
September 15th ILO Office must receive comments
Sept - January ILO Office compiles the reports and the comments
January A group of independent Expert-advisers reviews the
compiled reports and prepares an Introduction
March GB discusses the compilation of reports and the Introduction
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Follow-up: Global Report
Countries involved
all member States
Focus
one of the four categories each year
Purpose
to provide a dynamic global picture on a particular
topic
to serve as a basis for assessing the effectiveness of
ILO assistance
to provide a basis for determining priorities for
technical cooperation
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Follow-up: Global Reports cycle
2000 & 2004
Freedom of association and the effective recognition
of the right to collective bargaining
2001 & 2005
The elimination of all forms of forced or compulsory
2002 & 2006
The effective abolition of child labour
2003 & 2007
The elimination of discrimination in respect of
employment and occupation
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Follow-up: Global Report sources
Annual Review, for countries which have not ratified the
Conventions concerned
Information gathered through the ILO supervisory
machinery (Reports of the Committee on Freedom of
Association also)
Any other official information
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Follow-up: Global Report modalities
It is a report of the Director-General
The Director-General’s report is discussed at the
June
International Labour Conference
November The Governing Body determines action plans for
technical cooperation
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Role of social partners
Comment on government reports on unratified
Conventions
Take part in the discussion of the Annual Review at the
Governing Body
Take part in the discussion of the Global Report at the
International Labour Conference
Participate in technical cooperation activities
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Added-value of the Declaration
Is a new, complementary and promotional instrument to
promote the respect of fundamental principles and rights at work
Ensures enhanced knowledge of the situation of each category
of fundamental principles and rights in all member States
Strengthens ILO commitment and action of the promotion and
realization of fundamental principles and rights
Is instrumental in increasing ratification of core Conventions
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