THE

INTERNATIONAL LABOUR
ORGANIZATION
WWW.ILO.ORG
Modena, 20-22 february 2008
Michele Colucci
info@colucci.eu - www.colucci.eu

HISTORY

Created in 1919, as part of the

Treaty of Versailles

Commission of International Labour

Legislation (9 countries): Belgium,
Cuba, Czechoslovakia, France, Italy,
Japan, Poland, the United Kingdom and
the United States.

WHY?

Preamble of the ILO CONSTITUTION (1919)

lasting universal peace can be established

only if it is based upon social justice
(it was) urgent to improve the working
conditions of large numbers of people, as
injustice, hardship and privation produced
such unrest that the peace and harmony of
the world were imperilled
The failure of any nation to adopt humane
conditions of labour is an obstacle in the way
of other nations which desire to improve the
conditions in their own countries.

DECLARATION OF PHILADELPHIA
(1944)
All human beings, irrespective of
race, creed or sex, have the right to
pursue both their material wellbeing and their spiritual
development in conditions of
freedom and dignity, of economic
security and equal opportunity".

What is the ILO?

An Intergovernmental body
Is is a specialised agency
associated to the UN
Up to 1945: all UN members were also
ILO Members automatically
After 1945: UN members must to
accept ILO constitution
Not UN member must to be accepted by
qualified majority of the ILO Conference

WHAT IS NOT?

IT IS NOT A SUPRANATIONAL
ENTITY
It may not impose obligations on
Member States...
...unless they have voluntarely agreed
to them!

The Only Tripartite

Specialized Agency

181 Members
All decisions on tripartite basis
Each country represented by
Government representatives
Most representative organization of
workers
Most representative organization of
employers

Principle of Tripartism

Active interaction among the

governments, workers and employers
as representative, equal and
independent social partners.
Representatives of workers and
employers to participate on an equal
footing with those of governments in
all discussions and decision-making.

ILO Structure

International Labour Conference

Governing Body
International Labour Office

INTERNATIONAL LABOUR
CONFERENCE
STRUCTURE
Annual over 4,000 delegates
Each country represented by 2 Govt, 1 Workers, 1
Employers (A RIGHT PROPORTION?)

FUNCTIONS
Adoption of International standards
Supervision of the application of ratified
conventions
Examination of the report of the Director General

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GOVERNING BODY
STRUCTURE
56 members:
28 Govts (10 permanent), 14 Workers, 14
Employers (PROBLEM OF REPRESENTATIVITY)

FUNCTIONS
Set the agenda of the ILC
Select the Director General of the ILO
Draw up the programme and the budget of the
Organization

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INTERNATIONAL LABOUR
OFFICE

Structure

Permanent Secretariat of the Organization

More than 1000 independentofficials (100
countries)

Functions

To Collect and disseminate information on

Labour
To carry out studies
To execute technical co-operation
To publish studies and reviews
To provide secretariat for meetings

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MEANS OF ACTION

SETTING OF LABOUR STANDARDS

TECHNICAL CO-OPERATION

Conventions, Recommandations, but

also resolutions, and guidelines
To lend organizational and financial
support to developing countries

RESEARCH AND DISSEMINATION

OF INFORMATION
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ILS Forms

CONVENTIONS (187 as of today)

are international treaties;

when ratified, are legally binding;
if not ratified, could represent legal objectives
and influence national legislation;
are technical or promotional.

RECOMMENDATIONS (195 as of today)

are not open to ratification;

are not legally binding;
provide guidelines on national policy and
practice.

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ILS CHARACTERISTICS
Universality
Flexibility
Tripartism
Realism

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CORE LABOUR
STANDARDS

Freedom of association and the

effective recognition of the right to
collective bargaining
Elimination of all forms of forced or
compulsory labour
Effective abolition of child labour
Elimination of discrimination in
respect of employment and occupation.

(Declaration of Fundamental Principles and Rights, 1998)

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17

SUBMISSION

Obligation to submit all Conventions and

Recommendations to the competent
national
authorities, in the 12 months or, exceptionally, 18 months
following the adoption (art. 19 ILO Constitution)

Obligation to inform the Director-General on the

measures taken to submit the instruments (art. 19 ILO
Constitution)

Obligation to send copies of the information on

submission to the most representative workers and
employers organizations (art. 23 ILO Constitution)

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RATIFICATION

Formal commitment by a member

State to be bound by the provisions
of a Convention under international
law
Political decision, cannot involve
reservations
Consequences:
implementation of the Convention, both
in law and in practice
exposure to supervisory mechanisms

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Core Labour Standards

Widely Ratified

123 countries ratified all 8 CLS, 19

have ratified 7, etc. (November 2006)

Some 7,600 ratifications in all

Ongoing ratification campaign: letters,

Conference discussions, assistance

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International Labour
Standards as

Models and targets for labour law

Sources of International law applied
at the national level
Guidelines for social policy
Other areas of influence

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Keeping in mind that...

LABOUR
IS NOT A COMMODITY !

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