L10 - ILO Flashcards
You must be knowledgeable about the history, the typical governance structure and
types of output of the ILO
History
International Labour Organization (ILO)
- founded by allies in 1919 (Part of the Treaty of Versailles),
The ILO (1919) first multilateral organisation, together with ‘League of Nations’ that collapsed, succeeded by United Nations: founded in 1945.
Content: from labour conditions to all ‘socio-economic’ policy topics. (Declaration of Philadelphia, 1944) From 44 to 187 Member States now.
”There is no lasting peace without social justice;”
Governance structure/Governance body:
a tripartite organisation
- 3 constituents: governments, employers, workers;
To develop international conventions (treaties) and recommendations about labour and social justice;
Promotion at national level: tripartism and social dialogue between government and social partners
Output:
CONVENTIONS (fundamental e.g. Freedom to establish and join trade union & Technical e.g. Maternity Protection)
RECOMMENDATIONS Recommendations (explaining and acompaning the conventions
Not enforceable;
DECLARATIONS
What is the difference between ILO conventions and recommendations?
Fundamental Conventions: even if not ratified they must be respected = universal rights
Conventions are International treaties;
If ratified by member-states: legally enforceable;
If not ratified, they are a source of inspiration for national law;
RECOMMENDATIONS
Recommendations (explaining and accompanying the conventions. Not enforceable;
Fundamental conventions of the ILO
Fundamental Conventions: even if not ratified they must be respected = universal rights
- Freedom to establish and join trade union (EMPLOYERS/WORKERS), collective bargaining and taking action (C87)(C98);
- Eradication Forced Labour (C29) (C105) and ‘modern’ slavery (P29 updated and strengthened in 2014);
- Eradication Of Child Labour: Minimum Age Convention (C138)(1973); Worst forms of Child Labour (C182)(1999);
- No discrimination at work: Equal Wages Convention (C100); Discrimination in employment (C111);
- Occupational Safety and Health (New: 2022) (C155) (C187).
Impact of the ILO (on the ground?)
Creates a space to bring the 3 groups together
The ILO has significantly contributed to improving labor conditions globally, particularly in setting international standards, eradicating child labor, and strengthening social protection.
However, its impact is limited by enforcement challenges, gaps in informal economies, and political resistance. To enhance its effectiveness, the ILO must focus on addressing implementation gaps, increasing support for informal workers, and pushing for greater accountability among member states.
How can the ILO stimulate the observance of its conventions on the ground?
mandatory submission of reports by governments, possible reporting by trade unions, employers on application of standards (law and practice) according to a defined cycle of conventions;
Committee of Experts on the Application of Conventions and Recommendations (CEACR)
SUPERVISORY BODY (20 high level academic lawyers or judges from around the world) meets and reports about the implementation and application of standards in every country
The Committee on the Application of Standards of the International Labour Conference (governments, employers, workers: 300 to 400 people) chooses and judges 24 cases;
The Government must appear and report on how this convention is applied IN LAW AND IN PRACTICE;
Workers’ chair and employers’ chair make a plea (come up with facts, based on the report of the Experts’ Committee);
Other members commission (governments) can intervene (max. 3 minutes);
CONCLUSION:
Guidelines for the government;
Mandatory reporting of measures taken;
Formulated in consensus between workers’ and employers’ chair under supervision of the chair;
Read out by chair of Committee and approved by the Committee (government response included in the report);
Serious cases are included in a special paragraph of the main report of the International Labour Conference;
Technical support.
Direct Contacts Mission by ILO officials;
High Level Tripartite Mission (see examples below).
Qatar case
Key Achievements:
Abolition of the Kafala System : Workers gained the right to change jobs without employer permission and exit the country freely.
Minimum Wage Law: Qatar introduced a non-discriminatory minimum wage, benefiting 400,000 workers.
Improved Wage Protections: Enhanced systems to ensure timely wage payments, reducing the risk of exploitation.
Heat Stress Legislation: Regulations to protect workers from extreme heat during outdoor labor.
(The Kafala system is a sponsorship-based framework governing the employment and residency of migrant workers, primarily in Gulf Cooperation Council (GCC) countries and parts of the Middle East. It ties a worker’s legal status to their employer (sponsor), creating a dependency relationship that has been widely criticized for enabling labor exploitation.)
2010: decision FIFA to grant 2022 World Cup to Qatar.
Controversial:
A bribery scandal within FIFA came to light;
Project only possible with a mass of migrant workers.
Taking advantage of this world event to expand ‘The modern state of Qatar’: 7 stadiums, airport, roads, railway, metro, hotels, houses and apartments
Situation Qatar in that period:
GDP 146,000 $/resident (Belgium 43,000)
Investment then estimated at 140 billion US$, in reality 475 billion US$;
-500,000 Qatari natives… a serious shortage of workers.
+ 2,000,000 workers needed.
Fraudulent employment agencies recruited in India, Nepal, Bangladesh, Sri Lanka, Vietnam, Philippines, and later in Eastern African countries…;
Workers had to pay US$1,000 to 1,500 to employment agency for a labour contract;
For that purpose, they had to take an expensive loan, to pay off by deduction from future wages;
Workers subject to the Kafala or sponsorship system.
Many developed kidney and heart problems due to long working days in the heat, without sanitary facilities;
A complaint or any form of criticism almost automatically led to ‘a ticket’ for a detention centre.
73,000 domestic workers suffered at just or more, because of their isolation and dependence of the persons they were serving.
International Trade Union Confederation (ITUC), Building and Woodworkers International (BWI) and Human Rights NGO’s:
2010: Denounced the abuses under the motto: ‘No world cup without workers’ rights.
The UN Human Rights Council:
2014. Well-documented and alarming report about the situation of migrant workers by François Crépeau (for UN Secretary General Ban Ki-moon);
But at the UN Human Rights Council, Qatar was supported by a lot of member-states:
Some Arab states;
States counting on the migrant remittances;
States who are business partners of Qatar (Western world).
Result: no meaningful conclusions.
At the ILO:
Because Qatar ratified C29 (Forced Labour)(1998);
Because the Kafala-system was qualified by the CEACR as Forced Labour;
The case was discussed in the Committee on the Application of Standards (CAS);
But the government was insensitive to the complaints, Firstly, denying the problem; Then trying to show good will and announcing new legislation; The ‘good will’ was welcomed by most of governments (cfr. UN Human Rights Council).
Longer Process:
In the end Legislation changed
Kafala forbidden
Discussions
They could show unsolved scandalous situations;
Why the ILO made the choice for a HLTM instead of art. 26 procedure?
Why Qatar financed the programs itself. Maybe the ILO was bribed by Qatar? (for poorer countries ILO asks other countries to give money to pay for it)
Conclusion:
Is the improvement really wanted by the system, and sustainable? I am not sure.
Has progress been made? Yes, there is a structure, there are procedures, there is a follow-up.
INTERNATIONAL PRESSURE REMAINS IMPORTANT.
Be able to name a few of the recent achievements of the ILO.
Depending on degree of development: national social contracts (Belgium: during WWII social pact: labour legislation and social security);
Social dialogue;
Child labour has fallen particularly sharply; (from 260 to 160 million);
Rising wages and incomes have lifted millions of people out of working poverty;
Women entered the labour market in a massive way;
Working hours per year, gradually reduced;
Social security (social protection) at least basic systems;
Workers’ voice (Works Councils, OSH Committees, Workers’ delegations);
Trade unions and employers’ organisations were increasingly given a place;
Social justice, full employment and decent work are part of the UN 2030 Agenda (Goal 8).
