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The ILO and
International Labour Standards
国际劳工组织及其劳动监察公约
Tim De Meyer, International Labour Office,
Subregional Office Bangkok, Thailand
Tim De Meyer先生，国际劳工组织曼古次区局
国际劳工标准专家
10/11/2011 1
International Labour Organization
国际劳工组织
Organization of Governments, Employers and
Workers from 177 countries 由来自177个
国家的政府、雇主组织和工人组织的代表组成
Mandate to promote social justice and
eradication of poverty through decent work
as a matter of 从以下方面促进社会公正
respect for individual dignity 尊重个人的尊严
economic and social development 促进经济和社
会发展
international peace and stability 维护世界的和平
和稳定
10/11/2011 2
ILO’s Decent Work agenda
国际劳工组织体面的工作议程
Decent work = work which does not only
provide men and women the means for short-
term survival, but also 体面的工作不仅向人
们提供短期谋生的方法，而且也给予人们
A sense of fulfillment by being in charge of one’s own
(working) life and responsible for one’s working
environment (empowerment) 通过把握自我（工作
）生活而获得的满足感和对工作环境（赋予能力）的责任感
A sense of protection against the hazards and
contingencies of working life 远离危险和工伤事故的
安全感
Social inclusion or a sense of participation in the wider
community 社会融合或在更广泛参与社会感
10/11/2011 3
ILO : Organizational Structure
International Labour Conference
Tripartite « world assembly » of labour
(1 E + 2 G + 1 W) x 177
Adopts Conventions and Recommendations
Governing Body of the IL Office
Tripartite executive council
14 E + 28 G (10) + 14 W
Sets agenda of the Conference
International Labour Office
Secretariat, headed by a Director-General
10/11/2011 4
What are labour standards ?
Labour standards (LS) aim to promote social
justice, i.e. (in a market context) tip the power
balance which market forces will normally tilt
against workers
LS are established points of reference against
which the performance of employers, governments
or occasionally workers is measured
wages, protect safety & health, keep under-age children
from work, consult E & W organizations on draft SME
legislation, gear trade policy towards full employment
LS can be international, national, sectoral …
10/11/2011 5
What are International LS ?
The only coherent set of LS, globally
agreed upon by G, E & W in the ILO
Designed to be universally applicable, i.e.
leaving much concrete application to
national authorities in consultation with the
social partners
Take the form of Conventions (to be
ratified) and Recommendations (not to be
ratified, but equally authoritative)
10/11/2011 6
International Labour
Standards
Conventions Recommendations
If ratified, they are Same authority as
binding under Conventions
international law Not open to
If not ratified, they ratification
influence national law Guidelines or
& policy higher standards
Protocols may only be
ratified together with
their Convention
What are International LS ?
They express law (as opposed to merely
moral intentions), i.e. a general conviction
that abidance by all is necessary, even
when occasionally inconvenient, in the
interest of achieving a shared objective
Their nature can be substantive,
procedural, institutional, or promotional
10/11/2011 8
International Labour Standards
Since 1919, 185 Conventions and 194 Recommendations
Some 72 C & 72 R are up-to-date, the rest is up for
revision, abrogation, review over time
Eight are fundamental C., setting standards on 4
principles at work fundamental to globalization
(Declaration on Fund Principles & Rights at Work, 1998)
freedom of association and collective bargaining
elimination of forced labour
abolition of child labour
elimination of discrimination at work
Four more are priority C. dealing with employment
policy, labour inspection and tripartite consultation
10/11/2011 9
IL Standards Terminology
Adoption (= creation)
Submission to the competent authorities (=
dissemination and orientation)
Ratification (= commitment)
Denunciation (= cancelling commitment)
Application (= law and practice)
Supervision (= monitoring application by ILO)
10/11/2011 10
Adoption (Standard-setting)
The Governing The Office circulates a Comments of
Body places the law and practice report
question on the governments,
with questionnaire employers
Conference
Agenda and workers
International G
Labour W First discussion by a special
E
Conference tripartite Committee
The Office submits a summary Comments of
of the discussion and a draft instrument governments,
employers
The Office prepares a revised and workers
draft instrument
International
G
Labour Second discussion by a special
Conference E W
tripartite committee
Adoption by the Conference with a two-third majority
Submission
ILO Member states must submit instruments to
competent authorities between 12-18 months
after their adoption by the International Labour
Conference
Accompanied by position proposed by G
With a view to raising awareness among
representatives of the people, and promoting
consideration by law- and budget-makers
国际劳工大会通过文书后12－18个月内会员国须
将该文书提交给主管当局
10/11/2011 12
What is ratification ?
Formal commitment of a State to be
bound by the provisions of the
Convention under international law
Formally simple
ILO : no reservations accepted
Voluntary, even for FHR Conventions
FHR Ratification campaign
Reversable through denunciation, even
for FHR Conventions
10/11/2011 13
What is ratification ?
Formal requirements: must clearly identify the
Convention, be an original document, signed by
a person with authority to engage the State,
and clearly convey the intention to be bound
Compulsory declaration to be included for
certain Conventions
Optional declarations as to the use of permitted
exclusions, exceptions or modifications
Entry into force: one year after ratification is
registered
10/11/2011 14
What does ratification entail ?
Continuous efforts to apply the ratified C.
in law and in practice
Regular reporting (minimum every 2 or 5
years, depending on the Convention)
Exposure to regular supervision
Exposure to representations and
complaints
10/11/2011 15
Ratification
Means commitment by member to apply in
law / practice & to engage in dialogue
Voluntary, even for FHR Conventions
No reservations (unless flexibility clauses)
60 – 38 – 24 – 15
Many East Asian countries start to ratify
again after long periods of « drought »,
lead by fundamental C.
10/11/2011 16
Ratification FHR Conv. in AP
Ratification of all 8 FHRC consistently well
below world average, although
nearly 50 % of ratifications since 1995
nearly 25 % child labour, starting 1997
Freedom of association and CB
Conventions lag behind, particularly in
terms of population (China, India, IR Iran,
RoKorea, Thailand, Viet Nam)
Forced labour Conventions lag behind in
transition economies
10/11/2011 17
China’s ratification record
23 Conventions ratified, 20 in force
Separate records for Hong Kong SAR (41)
and Macao SAR (33)
Only 9 C. since 1978/1983, but accelerating
3 in 2002
C. 81, C. 111, C. 155, C. 29 & 105 lined up
< Asia Pacific average, but > East Asia avg.
3 out of 8 fundamental Conventions
10/11/2011 18
Supervisory machinery
Government reports
Employers’ and workers’ comments
Committee of Experts on the Application of
Conventions and Recommendations
Direct requests sent Observations published
to Governments in Report III (4A) to ILC
Conference Committee on the Application of Standards
G
E W
Special paragraphs in report submitted to the ILC
Special Supervision
Art. 24 representations
By E or W organizations, if C. ratified (e.g.
HKSAR - C. 97 - migrant domestic workers)
Art. 26 complaints
By Member States, E or W delegates to ILC or
GB, if C. ratified (e.g. Myanmar C. 29)
GB Committee of Freedom of Association
By E, W, G, also if FoA/CB C. are not ratified
(several cases against China in recent years)
10/11/2011 20
China Supervision Assessment
Regular supervision :
(http://webfusion.ilo.org/public/db/standards/normes/appl/Art22byCtry
.cfm?hdroff=1&CTYCHOICE=2650&Lang=EN)
Reporting is regular
All outstanding comments at Direct Request level
Last Conference discussion on C. 26 in 1994
Committee on Freedom of Association :
(http://webfusion.ilo.org/public/db/standards/normes/libsynd/index.cfm
?hdroff=1)
1 Active case, 2 Follow-Up, 3 Closed
Major issues relating to law & practice in relation to the
right to organize, the right to bargain collectively and
the right to strike
10/11/2011 21
ILO Declaration on Fundamental
Principles and Rights at the
Workplace, and its Follow-up
国际劳工组织关于工作中基本
原则和权利宣言及后续措施
10/11/2011 22
Promotes four human rights principles:
旨在推动及促进四项人权原则
(a) Freedom of association and the right to collective
bargaining; 自由结社及集体谈判权
(b) The elimination of forced or compulsory labour;
消除强迫或强制性义务劳动
(c) The abolition of child labour; 取消童工
(d) The elimination of discrimination in respect of
employment and occupation. 消除就业与职业歧视
10/11/2011 23
Political and economic context
Builds on Berlin, Marrakesh, Copenhagen
and Singapore
Reaffirms the constitutional value of ILO
FPR in the context of the global economy
Establishes an official dialogue on FPR
channel in the absence of ratification
Mobilizes resources in support of FPR
10/11/2011 24
Overview of the Follow-up
The Follow-up is based on a system of
Annual Reviews and Global Reports
The Annual Review is based on
reports from governments who
have not yet ratified one or
more of the fundamental
Conventions. The require-
ment to submit reports is based
on the ILO Constitution
10/11/2011 25
Overview of the Follow-up
The Follow-up is based on a system of
Annual and Global Reports
The Global Report provides a
dynamic world picture that
highlights trends in respect of
the fundamental principles and
rights, regardless of whether or
not a country has ratified any of
the fundamental Conventions.
10/11/2011 26
As of 20 March 2004 / ILO:177 Member States
Adopted No. Title Ratifications
1930 29 Forced labour (163)
1948 87 Freedom of Association and Protection
of the Right to Organise (142)
1949 98 Right to Organise and Collective
Bargaining (154)
1951 100 Equal Remuneration (161)
1957 105 Abolition of Forced Labour (161)
1958 111 Discrimination (Employment (160)
& Occupation)
1973 138 Minimum Age (133)
1999 182 Worst Forms of Child Labour (148)
Percentage of Asian Pacific countries
having ratified fundamental ILO
Conventions: 20 March 2004
C. 87 50%
C. 98 60%
C. 29 73%
C. 105 57%
C. 138 50%
C. 182 67%
C. 100 77%
C. 111 60%
0% 20% 40% 60% 80% 100%
ILS Revision Policy results
Up to date : 72 C (+ 6 P), 72 R
To be revised : 22 C, 14 R
Outdated (including withdrawn, replaced
or shelved instruments): 60 C, 69 R
Requests for info : 5 C, 12 R
Interim status : 24 C, 26 R
No conclusion : 1 C, 1 R
10/11/2011 29
Involvement of Employers’
and Workers’ Organizations
Constitutional obligation of the Gov’t to
communicate copies of information and
reports sent to the ILO to the most
representative organizations (article 23,
paragraph 2, of the ILO Constitution)
Allows these organizations to transmit
their own views, to the Government or to
the ILO
10/11/2011 30
Involvement of Employers’ and
Workers’ Organizations
Under Convention No. 144, obligation to
consult these organizations on:
Replies to questionnaire and comments on proposed
new instruments
Submission of instruments to competent authorities
Re-examination of unratified Conventions and
Recommendations
Reports on ratified Conventions
(according to Recommendation No. 152, on reports on unratified
Conventions and Recommendations as well)
Proposals for denunciation of Conventions
10/11/2011 31
Involvement of Employers’ and
Workers’ Organizations
Any organization of employers or workers (not
only the most representative ones) can make
comments on the application of ratified
Conventions
At any time
Whether they have been consulted on the
Government’s report or not
Without any formal requirements (just indicate the
Convention dealt with), by a letter to the Director
General of the ILO
10/11/2011 32
Involvement of Employers’
and Workers’ Organizations
When organizations make comments on
the application of ratified Conventions,
these comments are
Transmitted to the Government, which is
asked to provide its own views
Submitted to the CEACR
Mentioned in the report and often reflected
in the comments of the CEACR
10/11/2011 33
