Trade & Labour (ILO)

What is ILO

International Labour Organisation

What does ILO do?

Protect the rights of working people

When was it founded?

1919 in the context of the League of Nations

What did it become in 1946

A specialised agency of the UN

How many members does it have?

185

What did it win

A Nobel Peace Prize in 1969

List the 3 main organs in ILO

1. International Labour Conference - plenary organ

2. International Labour Office - secretariat

3. Governing Body - executive organ (sub 56 members)

How is the Governing body governed?

By the Tripartism Principle 

• very special because it is has a range of representatives

Who are the representatives of the Tripartism Principle

• Government representatives

• Employer representatives 

• Labour group representatives

What does the ILO do?

Set the rules for labour

What 2 forms do countries agree to labour standards?

1. Conventions = legally binding

2. Recommendations = not

—> 2/3 majority vote

What range of issues fall under labour (just have a general idea)

• forced labour

• minimum working age

• child labour

• discrimination

—> conventions are only legally binding if ratified (countries chose which to ratify/ consent to some conventions)

How is compliance ensured?

• Tripartism —> if all agree = more likely to be abided

  • Government 

  • Employer

  • Labour groups

• Voluntarism = states only ratify the ones they want

• Peer pressure 

What is a final compliance mechanism?

Reporting

= obligation to report to the ILO how they are complying, even the ones they haven-t committed to = transparency

What happens if there is no compliance?

There is a complaint structure/ mechanism

What can members do if violation of a specific convention is detected?

submit a complaint to the ILO

What does the ILO do once it has received the complaint?

ILO established a “Commission of Inquiry”

—> delivers a report which the government can accept the recommendation or not 

(can go to the ICJ but never has)

What happens if a violation of labour standards has been identified?

The Governing Body can adopt Interim Measures/ Article 33

= actions to secure compliance - leaves the governing body to decide what to do 

Can this result in sanctions?

Yes, has happened 4 times

• Myanmar

• Portugal

• Haiti

• Liberia 

What is the final monitoring procedure?

Committee of Experts on the Application of Conventions and Recommendations 

= monitors measures taken by government 

What is an case study of a violation?

Myanmar

• 1996 delegated is ILO submitted a complaint on Myanmar’s violation of forced labour convention

• ILO report found them guilty 

• Demanded they strengthen and enforce the laws against forced labour

• Still lacks enforcement mechanisms 

• ILO has been negotiation on how to best ensure forced labour abolishment 

What is another example?

Qatar

• Preparation leading up to World Cup in Qatar

• Led to influx of migrant workers for infrastructure work 

  • 2 million

• Hired under the Kafala system 

  • worker is tied to one singular employer = modern day slavery

• Hold back their passport, denying them a bank account

• Different steps in the working process that violated the ILO process 

What were the result of these violations?

• Huge pressures non non-governmental organisations & reports published 

• Complaint launched by International Transport Workers Federation & Trade Union Confederation for violating (in 2014):

  • 1930 Forced Labour Convention

  • 1947 Labour Inspection Convention

What countries applied further pressure?

• UK 

• France

• Pakistan

• Canada

What did the ILO governing body find?

The Kafala system to be in violation of the 2 conventions

What did ILO decide for Qatar?

gave one year to reform Kafala System

What else did Qatar do?

• Sign lots of worker protection agreements with the countries that provided the workers

• entered a 3 year program of technical corporation with ILO to increase standards of construction

• replaced Kafala with regular employment systems

What was final

The complaints were dropped in November 2017