Employers' Handbook on ILO Standards-related Activities

APPENDIX 7
ferences in 1994 and 1997 also merit careful attention. And the ILO might gain further inspiration
for innovation from the standard-setting techniques used by other bodies.
Reconsidering the process for adopting standards
The ILO could also reconsider the process for adopting standards. At present this is highly
stylized, often using procedures that are not conducive to compromise. In this case the Organization
could draw on its experience of designing approaches to the prevention or resolution of
labour disputes, using methods that respond to the divergent and convergent interests of stakeholders.
The Night Work Convention, 1990 (No. 171), illustrated this potential, arriving at a
compromise that took into account constituents’ concerns for both gender equality and worker
protection. A similar approach could be extended to other topics that have so far defied consensus,
such as the revision of ILO instruments on working time.
The wider context of international law
New standards need to be considered in the wider context of international law, since many
other organizations and international conferences have produced treaties on related issues such
as the environment and human rights. The proposed new Convention on the worst forms of
child labour, for example, has been developed in this way – taking into account not just ILO
Conventions but also other instruments. A similar approach has been taken in the report on
migrant workers submitted to this session of the Conference, as well as with respect to the
proposed revision of some ILO Conventions relating to chemicals and hazardous substances.
Reinvigorating promotional efforts
Setting standards is of course only the start. The ILO needs to reinvigorate its promotional
efforts to see that standards are ratified and applied. This means ensuring that Conventions and
Recommendations are well understood, by producing clear and effective publications and by
reaching out beyond labour ministries, employers’ organizations and trade unions to other
groups, including parliamentarians, law reform commissions, judges, business leaders, NGOs,
women’s groups, students, academics and the unemployed. It is especially important that governments
understand that ILO Conventions have built-in mechanisms for flexibility – a potential
that few of them explore.
Concentrating attention on high-impact standards
One major problem for ratification is that parliaments all over the world often have a long
list of items awaiting attention – not just ILO standards but also many other bilateral and multilateral
instruments. In this competitive environment it is important that the ILO concentrate its
attention on high-impact standards to make them stand out from the pack. The Declaration on
Fundamental Principles and Rights at Work and its Follow-up has performed an important role
here by highlighting core labour standards. The Governing Body has further identified as priorities
a handful of institutional standards, including those on tripartite consultation, on labour
inspection and on employment policy. The social partners may wish to single out others for
special attention, and the InFocus programmes may also be of assistance.
Assisting governments to implement Conventions
The ILO needs to be more proactive when it comes to implementation, assisting governments
in giving effect to the Conventions they have chosen to ratify. At the formal level this
could mean helping governments revise their labour legislation and improve their
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