the ilo and social responsibility
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The ILO and Social Responsibility
Pr. Sophie Robin-OlivierEcole de droit de la Sorbonne
Université Paris I
Overview
• History and constitutional basis of the ILO
• ILO Missions
• ILO new challengesFree Trade and Social JusticeFair Globalization / Decent work
History
1919: the ILO is created in the wake of World war I and the bolshevik revolution
Basic ideas : - International cooperation is needed to avoid national
rivalry- Avoid the extension of the communist revolution (linked
with bad labor conditions)- For socialist and Union leaders: the ILO is a way to
establish an institutional link for cross-border solidarity
Constitutional basis of the ILO
• Initially : chapter XIII of the treaty of Versailles establishing the League of Nations
« Universal peace can be established only if it is based upon social justice… »
The treaty itself requires improvement of labour conditions, including working time regulation, prevention of unemployment, an adequate living wage…
Evolution
• The League of Nations disappears at the end of the 1930’s
• ILO becomes a separate entity, joined by the US in 1934
• Ambitious program: elaboration of labor standards (working hours, child labor, health and safety, maritime workers…)
Post war period
• 1944: Philadelphia conference
ILO becomes a UN agency
Philadelphia Declaration of 1944 (incorporated in the ILO constitution) reaffirms the fondamental principles on which the organization is based
4 major principles
1- Labor is not a commodity2- Freedom of expression and association are
essential to sustained progress3- Poverty anywhere constitutes a danger to
prosperity everywhere4- Promotion of common welfare is to be ensured by
concerted international efforts by representatives of workers, employers and governments on an equal basis (=> trilateral organisation)
Post war evolution
Adoption of important conventions on freedom of association, right to organize, right to collective bargaining1948: Convention 871949: Convention 98
These texts have a higher status (constitutional)All governments are supposed to respect them, even if they did not ratify them
1950-1980
Cold war
Various conventions are adopted+The ILO provides support to Unions in Poland, to workers in Latin American dictatorships, in South Africa…
1989 and beyond
• Fall of the Berlin wall opens new frontiers
• New problems also: globalization and the impact on workers’rights
• 1995: social summit in Copenhagen Social Justice becomes a more central objective on the international agenda
Missions of the ILO
1- Standard setting
2- Handling complaints
3- Technical assistance
1- Standard setting
1) Conventions (189)
Need ratifications to be binding (US ratified 14 conventions, France, 104)The effect of ratification depends on national Constitutions
1-Standard setting
2) 1998 Declaration on Fundamental principles and rights at work
« Core Labor Standards » Declaration
Obligation for all States to respect, promote and realize a series of (4) fundamental rights
Core Labor Standards
a) Freedom of association and the effective recognition of the right to collective bargaining
b) The elimination of all forms of forced laborc) The effective abolition of child labord) The elimination of discriminations in
employment and occupation
Enforcement of Core Labor Standards
• Annual report by all countries on 1 of the 4 standards (cycle)
• General report drawn from national reports by the Director General
= strictly promotional follow-up mecanism
2- Complaint handling
2 bodies:- Committee on Freedom of Association (for conventions
87 & 98)-Committee of experts on the application of conventions and recommendations-> examines annual reports made by governments on ratification progress & application of ratified conventions-> receives complaints filed by one government against another (or complaints by a union or an employer) for violation of a convention
2- Complaint handling
• Basis: documentary information provided by complainants and responding government +Fact finding missions (rare)
• Result: reports and recommendationsindicating whether a state does or not violate the convention(no real decisions)
Lack of enforcement power ?
Is the ILO « toothless » ?Nuance:1) The ECtHR or other courts make use of ILO Conventions & expert
committees interpretations
2) Art 33 of the ILO ConstitutionAfter exhausting all other possibilities to bring the violator in compliance with ILO obligations « the governing body may recommend to the conference such action as it may deem wise & expedient to secure compliance »
=> trade sanctions
Impact of Core Labour Standards?
From hard to soft law ? Revitalization or retreat?Debate between Alston, Maupain& Langille
Questions about the impact of CLS - A reference in trade agreements & codes of conduct or
other private initiative?- A risk of watering-down more precise and stronger norms?- Interpretation?- Impact on the race to the bottom? Unfair competition?
3-Technical assistance
Support to member states to:- Draft legislation- Train labour inspectors- Develop job placement services for
unemployed- Find alternatives to child labour…
3-Technical assistance
Examples
- International program for the elimination of child labor (IPEC)
- US/Cambodia trade agreement: ILO provides support for the labor side dimension of the trade agreement
ILO new challenges
- Free Trade and Social Justice
The social clause debate
- Fair Globalization / Decent work
« ILO declaration on social justice for a Fair globalization » (2008)
« Decent work » initiative (2002)
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