Major Programme 50. International Labour Standards and Human Rights

Summary of 1998-99 proposals and comparison with previous biennium (including funds from other sources)

50.1. International labour standards embody the principles that lie at the core of the ILO’s mandate. As such, they guide the activities of the Organization as a whole and provide a framework for action by constituents to achieve the ILO’s principles of social justice. The objective of the major programme is the broader observance and implementation of the ILO’s principles and standards through an ongoing dialogue with constituents designed to: remind member States of their obligations; enhance their understanding and awareness of international labour standards; and assist in identifying and designing measures to put them into effect. Two approaches are used to achieve this objective: the monitoring of compliance with standards through the supervisory processes, with the various forms of advice and assistance linked directly to them; and, in the framework of the active partnership policy, the implementation of the ILO’s principles and standards through coordination and support for the operational activities of other major programmes. Both approaches focus particularly on the ILO’s fundamental workers’ rights instruments (on freedom of association, discrimination, forced labour and child labour) and other instruments (on employment policy, tripartite consultations and labour inspection) to which the Governing Body has attached high priority. The activities take on increased importance in view of the emphasis placed by the World Summit for Social Development on promoting the observance of international labour Conventions, and particularly those containing basic workers’ rights.

50.2. The supervisory work of the major programme centres on its role of servicing the ILO’s supervisory bodies: the Committee of Experts on the Application of Conventions and Recommendations, the Conference Committee on the Application of Standards, the Governing Body Committee on Freedom of Association and any ad hoc organs set up by the Governing Body under articles 24 and 26 of the Constitution. Rooted in the supervisory responsibilities of the major programme, its advisory work focuses on the steps that can be taken by constituents to remedy problems in the application of standards identified by the supervisory machinery. A second focus is on the more widespread ratification and implementation of the fundamental ILO Conventions on human rights. The basic Conventions identified by other United Nations bodies, and particularly the World Summit for Social Development, as core standards are Conventions Nos. 87 and 98 on freedom of association, Nos. 100 and 111 on discrimination in employment and occupation, and Nos. 29 and 105 on the abolition of forced labour. To these, in accordance with Governing Body decisions, are added Convention No. 138 on child labour and the four other priority Conventions: Nos. 81 and 129 on labour inspection, No. 122 on employment policy and No. 144 on tripartite consultations. In support of the supervisory, promotional and advisory activities of the major programme, information and guidance on international labour standards and on national labour legislation are provided in relation to the whole range of ILO activities, including the preparation and follow-up of country objectives.

50.3. The new initiatives launched for the promotion of the ILO’s fundamental human rights Conventions, which have resulted in a number of new ratifications, have been supplemented by a new reporting procedure under article 19 of the Constitution to examine obstacles to their ratification. A thorough reform of the ILO’s standards and supervisory procedures has also been embarked upon. The first stage consisted of the revision of the reporting procedures and the rescheduling of the sessions of the Committee of Experts during the biennium 1994-95. With a view to producing an updated version of the International Labour Code, this has been followed by the “shelving” of a number of Conventions by a Working Party of the Governing Body, and the designation of others for revision or possible abrogation. In this context, the Governing Body has begun to consider a constitutional amendment to permit the abrogation of out-of-date Conventions. The work of the major programme includes supporting and servicing the Governing Body in the above work and coordinating future standard-setting activities.

50.4. In order to rationalize work on human rights, responsibility for all Conventions dealing with forced labour and migrant workers has been transferred from programme 50.2 (Application of standards) to programme 50.4, which is now called the Discrimination and forced labour programme. All work on freedom of association remains in programme 50.3.

50.5. The resources for this major programme have been reduced by an amount of some $593,000. This includes a reduction of 1/09 General Service work-years, offset by an addition of 0/06 Professional work-years, and a reduction of $477,000 in non-staff costs, of which some $214,000 represents the 20 per cent reduction in RBTC applied to all headquarters departments with the balance being mainly in mission and external collaboration credits.

50.1. Departmental management

50.6. In addition to departmental management, the work of this programme includes coordination of the links between international labour standards and field activities in the context of the active partnership policy. Emphasis will continue to be placed on the promotion of ILO standards and on ensuring that the principles that they contain are duly reflected in the work of other institutions, and particularly by other organizations in the United Nations system, including the Bretton Woods institutions. Special support will be provided to follow up the appeal made to all member States to ratify and implement the ILO’s fundamental human rights Conventions and to respond to the standardsrelated dimensions of the priorities identified by constituents in country objectives.

Coordination of international labour standards and field activities

50.7. The objective of this subprogramme is the use of international labour standards, and especially the core and priority Conventions, as the guiding principles for the technical cooperation and assistance activities undertaken in the framework of the active partnership policy. The integration of the principles contained in international labour standards into the wide range of activities in which the ILO is involved requires the maintenance of a supply of information and assistance to UNDP and other organizations, as well as to the ILO’s field structure, and the provision of training and guidance for ILO staff on standards questions arising in their work. Technical assistance will be provided to member States to help them to progress towards the ratification of the ILO’s fundamental human rights and other priority standards. Taking account of the comments of the supervisory bodies, assistance will also be provided to improve the implementation of standards that have already been ratified. In this context, technical advice and support will continue to be provided for the identification and implementation of country objectives.

Programme management and support

50.8. Resources are allocated under this subprogramme for the director of the department, secretarial services and for development and support of computer and information systems for the major programme as a whole. Resources are also provided for the preparation of the draft general surveys carried out each year by the Committee of Experts; where appropriate, resources will be allocated to other technical major programmes that assist in the preparation of general surveys. In 1998 the general survey will cover the Migration for Employment Convention (Revised) (No. 97) and Recommendation (No. 86), 1949 and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Recommendation (No. 151), 1975. In 1999 it will cover the Tripartite Consultation (International Labour Standards) Convention, 1976 (No 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). No provision is made for Commissions of Inquiry to examine complaints under article 26 of the Constitution.

50.2. Application of standards

50.9. The Committee of Experts and the Conference Committee on the Application of Standards play a central role in the ILO’s dialogue with its constituents concerning the obligations of member States. The programme’s objective of greater acceptance and compliance with international labour standards is therefore pursued through its work of servicing the Committee of Experts and the Conference Committee, the advisory services arising out of the comments of the Committee of Experts and the technical assistance provided in close cooperation with the multidisciplinary advisory teams.

Supervision of the application
of standards

50.10. Responsibility for supervising the application of ILO standards is vested in the Committee of Experts and the Conference Committee on the Application of Standards. Most of the work of the subprogramme consists of analysing reports and information provided by governments under articles 19, 22 and 35 of the ILO Constitution for examination by the Committee of Experts. The work of the subprogramme includes servicing the annual sessions of the Committee of Experts, the Conference Committee and the Governing Body Committee on Legal Issues and International Labour Standards. It also has responsibility for examining many of the representations made under article 24 of the Constitution. Provision is made for two sessions of the Committee of Experts to be held in Geneva ($523,731).

50.11. Provision is also made under this subprogramme for the registry and chancery services, which provide an essential supporting function for the supervisory work of the major programme. The function of the registry consists of monitoring the reporting procedures of the supervisory mechanisms, including communications with constituents. The chancery, in collaboration with major programme 210 (Legal services), is responsible for registering ratifications and denunciations of Conventions, reporting them to the United Nations and member States and corresponding with governments in this connection.

Active partnership policy and the application of standards

50.12. In line with the active partnership policy, an important aspect of the dialogue with member States on the application of ILO standards consists of the provision of technical information and advice, in close collaboration with the other major programmes concerned. With a view to achieving the objective of greater compliance with ILO principles and standards, this information and advice is provided to assist in the adjustment of national law and practice in the context of the globalization of the economy. In response to increased requests for assistance from governments, activities will include the examination of draft labour legislation in collaboration with programme 80.2 (Labour law). In these activities, emphasis will be given to promoting the ratification and full implementation of the five core and priority Conventions for which the programme is responsible, namely Convention No. 138 on minimum age, Nos. 81 and 129 on labour inspection, No. 122 on employment policy and No. 144 on tripartite consultations. With a view to ensuring that the activities of other international organizations have due regard to the values contained in ILO standards, expertise is provided in the form of contributions to reports and publications, advice on the linkage between their programmes and ILO standards, and participation in the human rights activities of the United Nations, UNESCO and other organizations. Contributions are also made to supervising the implementation of standards adopted by other organizations, including the European Social Charter, the European Code of Social Security and the Protocol thereto, in collaboration with major programme 110 (Social security).

50.13. An important component of the activities carried out under this subprogramme consists of the provision to constituents of training on international labour standards. In addition to tripartite seminars financed by RBTC and other sources, an intensive two-week course is programmed every year at the Turin Centre for government officials from countries where the need for training and the potential benefits are greatest. Experience has shown that these activities lead to better reporting in the context of the supervisory system. Contributions are also made to comparable activities covering ILO procedures and standards carried out under other major programmes and at the Turin Centre. During the biennium, greater emphasis will also be placed on the in-depth follow-up of recent general surveys in a number of countries. This will involve examining the information provided in article 19 reports on the obstacles to ratification as a basis for a systematic effort to overcome those obstacles in the countries concerned. In view of the call made by the Governing Body for further action in respect of Conventions that have received relatively few ratifications, an examination will be carried out, in close cooperation with constituents, of the obstacles and difficulties encountered in relation to these Conventions.

50.14. The World Summit for Social Development emphasized the importance of the aim of full, productive  and  freely  chosen  employment,  as  set  out  in Convention No. 122 and the accompanying Recommendations Nos. 122 and 169. Convention No. 122 has also been identified by the Governing Body as a priority instrument. The activities undertaken to encourage the ratification and implementation of Convention No. 122 will include the continued supervision of its application and the intensification of joint activities with major programme 60 (Employment and training) to link the development of national employment policies and programmes to ILO standards. Drawing on the experience gained from country employment reviews, models of best practice will be established as a guide for constituents and support will be provided for the work of other major programmes, particularly in the fields of poverty alleviation,  informal  sector  employment  and  labourintensive activities.

50.3. Freedom of association

50.15. The ILO’s standards and principles on freedom of association are vital to the existence and functioning of tripartism and social dialogue, and hence to the successful development of democratic societies. However, the political, economic and social changes of recent years have multiplied the problems faced by employers’ and workers’ organizations, which are confronted with increasingly complex challenges in carrying out their function of promoting and protecting the rights and interests of their members. In the present context of heightened competitive pressures in the world economy, it is therefore more important than ever to promote the principles of freedom of association and tripartism. The objective of this programme is greater understanding, acceptance and compliance with the ILO’s standards and principles on freedom of association and tripartism.

Supervision of ILO standards
and principles

50.16. The objective of better observance of the ILO’s standards and principles on freedom of association is pursued, under this subprogramme, by supervising compliance with those standards and principles. The activities of the subprogramme include servicing the Conference Committee on the Application of Standards and the Committee of Experts in respect of the standards on freedom of association, the right to organize and collective bargaining. The subprogramme is also responsible for dealing with representations made under article 24 of the ILO Constitution in relation to Conventions on freedom of association. In accordance with the decision of the Governing Body, additional reports will be requested in 1998 from the governments of all States that have not ratified Conventions Nos. 87 and 98. A major component of the work of the subprogramme is its special responsibility for servicing the Governing Body Committee on Freedom of Association, including the analysis of the complaints brought to the Committee. In the context of the changing world economy, the number of complaints received remains high and their content is becoming increasingly complex.

Promotion of standards and principles on freedom of association

50.17. The objective of this subprogramme is a better understanding, knowledge and application by constituents of ILO standards and principles on freedom of association. In close cooperation with the multidisciplinary advisory teams, this objective will be pursued through the provision of advisory services, the organization of training activities and the dissemination of information. In response to numerous requests for advisory services from ILO constituents, the difficulties encountered by member States in the application of Conventions and principles of freedom of association will be addressed through direct contacts and other means, such as advice on draft labour legislation. Seminars on freedom of association and collective bargaining, either tripartite or for workers’ or employers’ organizations, will be financed by RBTC resources. In order to promote awareness of the principles of freedom of association, contributions will be made to meetings and other events arranged by constituents and by human rights bodies. With a view to promoting the ILO’s basic human rights standards and as a follow-up to the Committee of Experts’ 1994 general survey on freedom of association, a particular effort will be made through seminars and other methods to encourage the ratification of the principal Conventions on freedom of association by countries that have indicated their intention or desire to do so. Where these Conventions have already been ratified, emphasis will be placed on promoting their full implementation. In countries with a large rural sector, activities will also focus on the Rural Workers’ Organisations Convention (No. 141) and Recommendation (No. 149), 1975.

50.4. Discrimination and
forced labour

50.18. The objectives of this programme, based on the broadest possible ratification and implementation of the relevant ILO standards, are the elimination of forced labour and discrimination and the improved protection of vulnerable groups. These objectives will be achieved through educational and promotional activities and the provision of technical advisory services to promote the ratification and improve the implementation of the relevant standards. In addition to the standards on discrimination in employment and occupation, and on indigenous and tribal peoples, the work of the programme now covers the standards on forced labour and migrant workers. The responsibilities of the programme include the coordination of the campaign for the ratification and implementation of the ILO’s fundamental human rights Conventions.

Supervision of the application
of standards

50.19. The objective of this subprogramme is the broader implementation of ratified Conventions on forced labour, migrant workers, discrimination in employment and occupation, workers with family responsibilities and indigenous and tribal peoples. This objective is pursued through the supervisory functions of the Committee of Experts and the Conference Committee on the Application of Standards. The work of servicing these bodies involves analysing government reports submitted under articles 19, 22 and 35 of the ILO Constitution on the application of the Conventions covered by this programme and dealing with representations relating to these Conventions under article 24 of the ILO Constitution.

Ratification and implementation of fundamental ILO standards

50.20. The objective of this subprogramme is the broader ratification and implementation of ILO principles and standards on fundamental human rights, in particular those on discrimination in employment and occupation and forced labour, as well as those on migrant workers, workers with family responsibilities and indigenous and tribal peoples. Technical advisory services will be provided to assist countries which have encountered obstacles in the ratification of these Conventions; and, where they have already been ratified, to overcome difficulties in their application identified by the Committee of Experts. These services will include comments on draft legislation, the preparation of policy documents on human rights and the provision of assistance for the adjustment of law and practice to the requirements of ILO standards. The measures adopted to implement the Conventions will be studied and information on national experience in this respect will be disseminated through studies and national seminars.

50.21. Educational and training activities to promote equality for women will be carried out in close collaboration with major programme 140 (Equality for women). These will continue to include training seminars at the national level funded from RBTC resources on the most relevant standards and their implementation around the world. These activities will also focus on other vulnerable groups, and particularly migrant workers, ethnic minorities and indigenous and tribal peoples. Studies and training concerning discrimination against persons infected with HIV/AIDS will be undertaken in cooperation with the ILO’s tripartite constituents and the UNAIDS programme.

Initiative for the ratification of the ILO’s fundamental human rights Conventions

50.22. The Director-General’s initiative in 1995 concerning the ratification and implementation of the ILO’s fundamental human rights Conventions has resulted in a positive response from many countries. The Governing Body has requested continuing information on the activities undertaken and the results achieved. This subprogramme is responsible for: coordinating the work under this initiative; examining further measures to enhance the implementation of the ILO’s fundamental human rights standards; and reporting to the Governing Body on the progress achieved.

General human rights coordination

50.23. The objectives of this subprogramme are the promotion of the ILO’s principles relating to human rights in the work of other international organizations and the improved coordination of ILO work relating to human rights questions within the Office, particularly in view of the heightened commitment of the ILO to human rights. The work of the subprogramme includes ensuring the presence of the ILO in the work of other international organizations in this field and contributing ILO tripartite perspectives to their activities. This is done through the establishment and maintenance of operational relations with the United Nations High Commissioner for Human Rights and the Centre for Human Rights, as well as with regional bodies. The responsibilities of the subprogramme also include following up and implementing the conclusions of international conferences, such as the World Summit for Social Development and the Fourth World Conference on Women, as they affect the ILO’s work on human rights.

50.5. Standard-setting policy
and information

50.24. The responsibilities of this programme cover: coordination  and  support  for  the  ILO’s  standard-setting policy; and the provision of legal information in support of the supervisory system and the application of standards by member States.

Standard-setting policy and preparation of standards

50.25. With the objective of streamlining and strengthening the standard-setting system, the Conference and the Governing Body have commenced a systematic examination of the Organization’s standard-setting policy. The work of the subprogramme includes servicing the Governing Body Committee on Legal Issues and International Labour Standards (LILS) and the Working Party on Policy regarding  the  Revision  of  Standards.  These  activities encompass  research  work,  analysis  of  the  standard-setting system and coordination of the proposals submitted to the LILS Committee, as well as the follow-up to decisions taken by the Governing Body in this area. The subprogramme is also responsible for coordinating the work resulting from the revision of standards, examining further measures to update and strengthen the standard-setting system and reporting to the Governing Body on the progress achieved.

50.26. With the objective of providing the Governing Body with a sufficiently broad choice of Conference agenda items for the development or revision of international labour standards, the work of the subprogramme includes the programming and coordination of standard-setting activities and proposals throughout the Office. The work of the subprogramme also covers participation in the follow-up to the decisions taken in this regard by the Governing Body and in the preparatory work for international labour standards, including the preparation of law and practice reports and questionnaires.

Legal information services for the supervisory system

50.27. Complete information about current legislation is indispensable to maintain the quality and relevance of the work of the ILO’s supervisory bodies. The objective of the subprogramme is the provision of all the relevant background information, and especially national laws and regulations, to ensure the efficient functioning of the supervisory bodies, particularly the Committee of Experts, and to support the application of international labour standards by member States. For this purpose, the principal legislative developments in member States are recorded in a database that contains among the most extensive and diversified collections of legislation and comparative labour law in the world. The information products and services provided under this subprogramme are grouped under a system known as LABORLEX, which includes a legal information centre, computerized information systems and legal research and documentation services.

50.28. The information activities on standards undertaken in the framework of this subprogramme include the dissemination of information, training programmes and the installation of information systems in developing countries. The ILOLEX database contains the full texts of international labour Conventions and Recommendations and the reports of the supervisory bodies. It is available on the ILOLEX CD-ROM, which is increasingly being used as a training tool on standards by the multidisciplinary advisory teams, field offices and the Turin Centre. It will also be accessible on the Internet, and be rendered more user-friendly  following  implementation  of  the  project Enhancing the usefulness to ILO constituents of ILO databases shown under major programme 145 (Interdepartmental activities). Labour Ministries, employers’ and workers’ organizations and universities in developing countries are progressively being equipped with the ILOLEX CD-ROM and ILO publications on standards, within the framework of technical assistance activities financed by RBTC resources. The information activities of this subprogramme also include responding to numerous requests for information or publications on the ILO standard-setting system.

50.29. The services covered by this subprogramme continue to include the provision of legislative information to constituents and other regional and technical major programmes. The texts of laws and regulations, publications, comparative analyses and bibliographic research are sent to constituents on request. The NATLEX database, which contains more than 40,000 references to labour legislation, as well as the full text of labour codes and other key legislation, is disseminated on the Internet and on CD-ROM. This information constitutes a valuable source of reference for member States wishing to formulate or amend national legislation, as well as for employers’ and workers’ organizations, enterprises and universities.

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