Employers' Handbook on ILO Standards-related Activities

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I. Introduction International Labour Standards (ILS): The core of ILO standards-related activities ILO standards-related activities include International Labour Standards (ILS), codes of practice, technical guidelines, resolutions, conclusions and declarations. These various instruments all serve a particular purpose, and they differ accordingly in their subject matter, detail of regulation, degree of commitment, form of adoption and follow-up. The present publication deals mainly with ILS which, for the time being, form the core of ILO standards-related activities. The other instruments are discussed in Chapter VII, in particular. Broadly speaking, ILS are legal instruments which embody international rules on social and working conditions. They take the form of International Labour Conventions and International Labour Recommendations. There is an important legal difference between the two: l Conventions (and protocols to them), when ratified by ILO member States, create binding legal obligations to give effect to their provisions in national policy, legislation and practice. l Recommendations are not open to ratification, simply providing guidance for national policy, legislation and practice. They are self-contained instruments, although in the past, often at the same time, a Convention and a more descriptive Recommendation on the same issue have been adopted. Typically, an ILO Convention is built up in the following way: l Title, including the number of the Convention and the year of adoption; l Preamble, giving reasons for its adoption and mentioning related instruments; l Provisions setting out, in general terms, the main obligations of the Convention; l Provisions dealing with definitions, scope of the instrument, and exemptions; l Provisions setting out the Convention’s principles and minimum standards; l Provisions describing measures/methods of implementation; l Standardized final articles dealing with procedural questions, such as entry into force, ratification and denunciation of the Convention. The competent body within the ILO for the elaboration and adoption of ILS is the International Labour Conference (ILC) in which each member State is represented by two government delegates, one employers’ delegate and one workers’ delegate. ILS require a two-thirds majority of the ILC for their adoption. 1
2 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES A total of 184 Conventions and 192 Recommendations have been adopted to date, covering numerous aspects of labour and social policy. In order to allow an overview, the ILO Secretariat has put them into the following twelve categories (note that a new categorization is presently in preparation which will take into account the new four strategic objectives of the ILO and which will be based on the concept of “families of ILS”; see also Chapter IX): l Basic human rights; l Employment; l Social policy; l Labour administration; l Industrial relations; l Conditions of work; l Social security; l Employment of women; l Employment of children and young persons; l Migrant workers; l Indigenous and tribal peoples; l Others (such as seafarers, plantation workers etc.). It is obvious that not all ILO Conventions and Recommendations adopted in the past 81 years are considered equally useful today. The ILO Governing Body has repeatedly examined existing ILS and classified them according to their current relevance (see Appendix 2: Summary table on decisions taken regarding International Labour Conventions and Recommendations, from GB.820/LILS/WP/PRS/1/2). Eight Conventions in the category “basic human rights”, which are called “ILO fundamental Conventions (see box below), are considered particularly important for social and economic development. This is because the recognition of the fundamental labour principles and rights they contain is seen as a precondition and a catalyst for the application of other ILS. In recent years, consensus on the need to promote respect of these fundamental Conventions has grown within and outside the ILO. The following major developments are to be mentioned in this regard: l A ratification campaign regarding the fundamental Conventions, which started in 1995, has yielded significant results (these instruments have the largest number of ratifications of ILO Conventions). l The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which reflects and seeks to promote the principles contained in the fundamental Conventions, was adopted in 1998. l The Global Compact, which was launched in 1999 by the UN Secretary General as a joint initiative of the UN and business to strengthen the human dimension of the global economy, focuses in its labour chapter on the principles of fundamental Conventions. l Other international organizations, such as OECD, WTO and the World Bank, in their own activities, have taken an increasing interest in the ILO fundamental Conventions and their operational implications.
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IX. The reform of ILS General remar
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APPENDIX 7 ferences in 1994 and 199
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