Lesson 7 ILO.pptx

# The International Labour Organization: Structure and Tools The International Labour Organization: Structure and Tools This topic provides an overview of the ILO's foundational principles, its unique tripartite structure, and the various instruments it employs to promote decent work and social justice globally. ## 1. The International Labour Organization (ILO) ### 1.1 Origins and Purpose The ILO was founded in 1919 as part of the Treaty of Versailles, with its core principles remaining highly relevant today. The fundamental belief underpinning the ILO is that "no lasting peace without social justice." It was the first multilateral organization established in conjunction with the League of Nations, predating the United Nations, which was founded in 1945. > **Tip:** The ILO's founding principle highlights its enduring commitment to addressing the root causes of conflict by ensuring fair labor conditions and social equity. ### 1.2 Tripartite Structure A distinctive feature of the ILO is its tripartite composition, meaning its decisions are made by three distinct groups: governments, employers, and workers. This structure ensures that all perspectives are considered in the development and implementation of labor standards and policies. * **Governments:** Hold the largest representation, with 28 regular and 28 deputy members in the Governing Body. Ten of these seats are permanently held by states of chief industrial importance: Brazil, China, France, Germany, India, Italy, Japan, the Russian Federation, the United Kingdom, and the United States. * **Workers:** Represented by 14 regular and 19 deputy members in the Governing Body. * **Employers:** Also represented by 14 regular and 19 deputy members in the Governing Body. ### 1.3 Core Objectives The ILO is dedicated to promoting: * Labor rights, specifically focusing on "Rights at Work." * "Decent Work" for all. * Improved "Social Protection," encompassing social security and labor law. * Strengthened "Social Dialogue" between governments, employers, and workers. The ILO is the only international organization, including those within the UN system, that explicitly has workers' rights as its primary objective, recognizing these rights as an integral part of universal human rights. ### 1.4 Evolution and Scope Initially focused on labor conditions, the ILO's mandate has expanded to encompass broader "socio-economic" policy topics, as articulated in the Declaration of Philadelphia in 1944. From its founding with 44 member states, the ILO has grown to include 187 member states and is headquartered in Geneva. ## 2. International Labour Standards: The ILO's Tools International Labour Standards are the primary instruments through which the ILO promotes decent work and protects workers' rights. These standards are developed and adopted through a rigorous, tripartite process. ### 2.1 Conventions * **Nature:** International treaties that are negotiated and adopted by the International Labour Conference (ILC), often referred to as the ILO's Parliament, which meets annually in June. * **Adoption:** As of the provided content, 192 conventions have been adopted, with 155 remaining up-to-date. Six protocols have also been adopted to update existing conventions. * **Enforceability:** When ratified by a member state, Conventions become legally binding and enforceable. * **Resource:** Comprehensive information on Conventions, Recommendations, ratifications, and the supervisory mechanism is available on the ILO's Normlex database. ### 2.2 Recommendations * **Nature:** These are non-binding instruments that often complement Conventions by providing detailed guidance on their implementation. * **Scope:** There are 209 Recommendations, many of which are designed to facilitate the practical application of Conventions. ### 2.3 Declarations * **Nature:** These are solemn statements of principles and policies. * **Examples:** The ILO has adopted five Fundamental Declarations, with the Declaration of Philadelphia (1944) being the most prominent. The most recent is the Centenary Declaration for the Future of Work (2019). ### 2.4 Classification of Standards ILO standards can be broadly categorized: * **Fundamental Conventions:** These are considered universal rights and must be respected by all member states, even if not formally ratified. Key fundamental conventions cover: * Freedom of association and the right to organize and collectively bargain (Conventions 87 and 98). * The prohibition of forced labor, including modern slavery (Conventions 29 and 105, with Convention 29 updated in 2014). * The elimination of child labor, including minimum age requirements (Convention 138) and the worst forms of child labor (Convention 182). * The principle of non-discrimination in employment and occupation (Conventions 100 and 111). * A safe and healthy working environment (Conventions 191 and forthcoming Convention 192). * **Technical Conventions:** These address a wide array of specific issues, including: * Social security and maternity protection. * Social policy, migrant workers, and the maritime sector. * Port labor, indigenous and tribal peoples. * Employment policy, training, and job security. * Working hours, occupational safety and health. * Violence and harassment in the world of work (Convention 190, adopted in 2019 with 50 ratifications). * Biological hazards in the working environment (forthcoming Convention 192). * **Governance Conventions:** These relate to the institutional and administrative aspects of labor regulation: * Tripartite consultations. * Labor inspectorate and labor administration. > **Tip:** Understanding the distinction between ratified Conventions (binding) and Recommendations (non-binding guidance) is crucial for analyzing the impact of ILO standards. ## 3. The ILO in Pictures: Governing Bodies and Conferences The functioning of the ILO is visually represented through its key bodies: ### 3.1 The International Labour Conference (ILC) This is the supreme body of the ILO, where tripartite delegations from all member states meet annually. It adopts international labor standards, discusses major global social and economic issues, and approves the ILO's work program and budget. ### 3.2 The Governing Body This is the executive arm of the ILO, meeting three times a year. It supervises the work of the International Labour Office, adopts the budget, and appoints the Director-General. Its tripartite composition, as described in Section 1.2, is fundamental to its operations. ### 3.3 The Workers' Group Within both the ILC and the Governing Body, the Workers' Group advocates for the rights and interests of working people worldwide. ### 3.4 ILO Leadership The Director-General is the chief administrative officer of the ILO. Notable past and present Directors-General include Guy Ryder (2012-2022) and Gilbert Houngbo (2022-present). ## 4. The Standards' Supervisory Mechanism The ILO employs a robust system to monitor the implementation and application of its international labor standards by member states. This mechanism is considered one of the most effective in the international system. ### 4.1 Reporting and Review * **Government Reports:** Governments are required to submit regular reports on the application of ratified Conventions in their national law and practice. * **Committee of Experts on the Application of Conventions and Recommendations (CEACR):** This independent body, composed of 20 high-level academic lawyers or judges from around the world, meets annually to examine these reports. The CEACR produces a report detailing its findings and identifying any discrepancies between national practices and ratified standards. ### 4.2 Committee on the Application of Standards (CAS) * **Role:** A committee within the ILC that discusses approximately 24 "cases" identified by the CEACR as areas of concern. These cases involve governments reporting on how they are applying specific Conventions. * **Process:** The government concerned must present its case, and representatives from the Workers' and Employers' groups make their pleas, based on the CEACR's report. Other member states may also intervene. * **Outcomes:** The CAS issues guidelines for governments, often requiring them to report on measures taken. Serious cases are highlighted in the main report of the ILC. ### 4.3 Special Procedures for Complaints and Violations The ILO has several mechanisms to address more serious or persistent violations of standards: * **Committee on Freedom of Association (CFA):** This committee investigates complaints lodged by workers' or employers' organizations regarding alleged infringements of freedom of association. It develops case law, including on the right to strike. * **Reclamation/Representation (Article 24):** A procedure where a member state or a member of the Governing Body can file a complaint against another member state for failing to implement a ratified Convention. An ad hoc Commission of Inquiry is formed to investigate. * **Commission of Inquiry (Article 26):** An exceptional procedure for severe violations of ILO Conventions. This involves a panel of independent experts investigating the alleged violations and issuing recommendations. Historically, this procedure has been used in cases involving countries like Greece, Portugal, Poland, and Myanmar. * **Article 33 Measures:** In cases of persistent non-compliance following a Commission of Inquiry, the Governing Body can recommend that member states reconsider their relations and cooperation with the offending country, or even exclude it from ILO activities. ### 4.4 Technical Assistance and Missions * **Direct Contacts Missions:** ILO officials can be dispatched to countries to provide technical assistance and facilitate dialogue on implementing standards. * **High-Level Tripartite Missions (HLTM):** These missions involve senior representatives from governments, employers, and workers, offering a high-level intervention to address significant labor rights issues. > **Example:** The case of Qatar, highlighted in the document, illustrates the complex process of addressing forced labor through the CAS, representations, and eventually an HLTM, which led to legislative reforms and the establishment of ILO programs to improve migrant worker conditions. The eventual success involved significant pressure from trade unions and NGOs, alongside the ILO's supervisory mechanisms. ### 4.5 ILO Methodology: Principles of Application The ILO's approach to supervision is characterized by several guiding principles: * **Engagement:** The ILO commits to working within the country concerned. * **Pragmatism:** Prioritizing achievable goals while maintaining a long-term strategy. * **Monitoring and Mapping:** Thoroughly analyzing and documenting problems. * **Patience:** Recognizing that sustainable results in complex environments require time. * **Decent Work Country Programs:** Developing tailored strategies in collaboration with national constituents. * **Tripartite Involvement:** Ensuring the active participation of governments, employers, and workers. * **Shared Responsibility:** Emphasizing that sustainable solutions require broad ownership. * **Discreet Action:** Utilizing "flying under the radar" approaches when beneficial. The ILO's work model is a combination of: * **Supervisory Pressure:** Ensuring implementation and application of conventions. * **Development Policy:** Providing technical support and expertise. * **Diplomacy and Social Dialogue:** Facilitating consensus and cooperation. > **Tip:** The ILO's supervisory system, while sometimes criticized as a "tiger without teeth," is remarkably effective due to its persistent engagement, tripartite consensus-building, and the inherent legitimacy derived from its global mandate. ## 5. The ILO's Dynamic Nature and Future Challenges The ILO is an evolving organization, constantly adapting to new global challenges and reaffirming its core mission. ### 5.1 The Future of Work The Centenary Declaration for the Future of Work (2019) identified key challenges and made recommendations for the next century of ILO action. These include: * Addressing the impact of artificial intelligence and digitalization on employment and inequalities. * Ensuring adequate social protection for all workers, particularly in the informal economy. * Combating climate change and promoting a green economy. * Improving occupational safety and health, and addressing new forms of work-related diseases. * Navigating demographic shifts, particularly declining working-age populations in some regions and growth in others. * Reforming business models to prioritize long-term investment and social needs over short-term profits. ### 5.2 Globalisation and Multipolarity The ILO operates within a complex and often unstable geopolitical landscape characterized by de-globalization tendencies, multipolarity, protectionism, and emerging economic powers. The organization must navigate these shifts while upholding its universal principles. ### 5.3 The ILO's Role in a Changing World The ILO's enduring relevance lies in its ability to foster social dialogue and promote international labor standards as a foundation for peace and prosperity, even amidst geopolitical tensions and global crises. Its tripartite structure provides a unique platform for addressing these complex challenges collaboratively. --- # The ILO supervisory mechanism and case studies This section details the ILO's system for monitoring the application of labor standards, including its committees and procedures, illustrated with significant case studies like Qatar and Belarus. ### 2.1 The ILO's supervisory system The ILO's supervisory mechanism is a multi-layered system designed to ensure that member states effectively apply ratified international labour standards. This system operates through several key components, including reporting obligations, expert review, and tripartite committees. #### 2.1.1 Reporting and initial review * **Mandatory Reporting:** Member states are required to submit regular reports on the application of ratified conventions, outlining the legislative and practical implementation of these standards. These reports are submitted at defined intervals based on the convention and the member state's ratification status. * **Reporting by Social Partners:** Trade unions and employers' organizations can also submit their own reports, providing valuable on-the-ground perspectives on the application of standards in their respective countries. * **Committee of Experts on the Application of Conventions and Recommendations (CEACR):** This committee, composed of twenty high-level academic lawyers and judges from around the world, convenes annually (typically late November/early December). They meticulously review the reports submitted by governments and, where available, by employers' and workers' organizations. The CEACR produces a detailed report identifying areas where countries are not fully complying with their obligations under ratified conventions. This report serves as a crucial input for the subsequent stages of the supervisory process. #### 2.1.2 The Committee on the Application of Standards (CAS) * **Tripartite Composition:** The CAS is a committee of the International Labour Conference (ILC), comprising representatives of governments, employers, and workers. It typically consists of 300 to 400 participants. * **Case Selection:** The CAS selects a limited number of cases from the CEACR's report for in-depth discussion. The selection prioritizes cases of significant concern or those where there are notable discrepancies between national law and practice and the ratified conventions. * **Discussion and Judgment:** For each selected case, the government of the country concerned is required to send a representative to report on how the convention is applied in law and practice. Workers' and employers' representatives present their concerns and evidence, often based on the CEACR's findings. Other government representatives may also intervene. * **Conclusions and Recommendations:** Following discussions, the CAS issues "conclusions," which often take the form of guidelines for the government and may include mandatory reporting on measures to be taken. These conclusions are typically reached by consensus between the workers' and employers' chairs and are presented by the chair of the CAS. * **Serious Cases:** Cases of particularly serious violations are highlighted in a special section of the ILC's main report. The CAS may also recommend technical assistance or direct contact missions by ILO officials to help the country improve its compliance. #### 2.1.3 Special Complaints Procedures Beyond the regular supervisory system, the ILO has specific procedures to address particular types of complaints: * **Committee on Freedom of Association (CFA):** This committee, with an independent chair and three representatives from each group (governments, employers, workers), investigates complaints filed by workers' or employers' organizations regarding alleged violations of freedom of association and the right to organize. The CFA operates on a case-by-case basis, developing a significant body of jurisprudence on freedom of association, including the right to strike. Its conclusions are reported to the Governing Body. * **Representation (Article 24):** If a delegate to the ILC raises a representation alleging that a member state is failing to secure the effective observance of a convention it has ratified, the Governing Body can establish an ad hoc commission of inquiry comprising one representative from each group. * **Commission of Inquiry (Article 26):** This is an exceptional procedure for addressing serious violations of ILO conventions. The Governing Body can establish a Commission of Inquiry to investigate allegations. These commissions have significant powers to gather evidence and make recommendations. * **Measures under Article 33:** In cases of persistent non-compliance following a Commission of Inquiry, the Governing Body can adopt measures under Article 33, which can include requesting member states to reconsider their relations and cooperation with the non-compliant country, effectively isolating it within the ILO. #### 2.1.4 Direct Contact Missions and High-Level Tripartite Missions (HLTMs) * **Direct Contact Missions:** These involve ILO officials engaging directly with governments and social partners in a country to understand and help resolve issues related to the application of standards. * **High-Level Tripartite Missions (HLTMs):** These missions involve the tripartite leadership of the ILO (chairs of the Governing Body, Employers' group, and Workers' group) undertaking a high-level visit to a country to discuss and promote compliance with ILO standards. These are often employed as a diplomatic tool to encourage reform. ### 2.2 Case Studies #### 2.2.1 Case Study: Qatar The situation in Qatar leading up to and during the 2022 FIFA World Cup provided a stark example of the ILO supervisory mechanism in action, particularly concerning forced labor. * **Context:** Qatar's rapid development for the World Cup relied heavily on a massive influx of migrant workers. These workers, often recruited through fraudulent agencies and indebted, were subjected to the "Kafala" or sponsorship system. * **The Kafala System:** This system gave employers significant control over migrant workers, including the confiscation of passports, restriction of movement, and inability to change employers or return home for extended periods. Workers were housed in poor conditions and faced long working hours, heat, and occupational hazards, leading to significant health problems and fatalities. Domestic workers were particularly vulnerable due to isolation and dependence. * **International Response:** Humanitarian organizations, including the International Trade Union Confederation (ITUC) and various NGOs, denounced the abuses. A UN Human Rights Council report in 2014 documented alarming conditions. * **ILO Intervention:** * Qatar had ratified Convention No. 29 (Forced Labour). The CEACR qualified the Kafala system as forced labor. * The case was discussed in the CAS, and a tripartite committee under Article 24 of the ILO Constitution made recommendations. * Despite initial denial and then promises of legislative change, effective reform was slow. * The Workers' Group pushed for a Commission of Inquiry under Article 26. However, intense lobbying by Qatar and political considerations led to a different approach. * In November 2015, after a shift in the Employers' Group's perspective and a difficult discussion within the Workers' Group, a High-Level Tripartite Mission (HLTM) was agreed upon by the Governing Body. * **The HLTM to Qatar (March 2016):** The mission met with various Qatari officials, visited worksites and worker accommodations, and heard testimonies from migrant workers. While the government initially resisted the mission, negotiations led to a program. * **Outcomes and Reforms:** * The abuses garnered significant international media attention, pressuring Qatar to act. * Negotiations between Qatar, the ITUC, and the International Organization of Employers (IOE), with ILO technical support, led to an agreement in November 2017. * This agreement resulted in several ILO programs funded by Qatar, and an ILO office was opened in Doha. * **Legislative Changes:** The Kafala system was officially abolished. Passports and documents could no longer be confiscated. Workers gained the right to change employers and leave the country. Minimum wages were introduced, and a complaints procedure and inspection system were established. * **Assessment and Criticism:** While significant legislative changes were made, international media and NGOs noted that problems persisted, particularly regarding the implementation of laws and cultural changes on the ground. Questions were raised about the ILO's choice of an HLTM over a Commission of Inquiry and Qatar's financing of ILO programs. The Qatar-gate scandal, involving allegations of corruption related to Qatar's influence on European Parliament officials, further complicated the perception of Qatar's reliability. Despite these concerns, the international pressure and ILO engagement contributed to substantial reforms. #### 2.2.2 Case Study: Belarus Belarus has been a recurring subject of scrutiny within the ILO's supervisory system, particularly concerning freedom of association and the right to organize. * **Focus on Convention No. 87 (Freedom of Association and Protection of the Right to Organize):** Numerous reports and discussions in the CAS have focused on Belarus's alleged violations of this fundamental convention. * **Concerns Raised:** These concerns typically include restrictions on the formation and operation of independent trade unions, interference with collective bargaining, and the arrest and detention of trade union leaders. * **Commissions of Inquiry and Article 33:** Belarus has been subject to a Commission of Inquiry, and subsequently, measures under Article 33 have been applied. This has led to strong recommendations from the Governing Body and requests for other member states to reconsider their engagement with Belarus. * **Special Sitting (2025):** The document mentions a "Special Sitting 2025" in application of the conclusions of the Commission of Inquiry and Article 33 procedure, indicating ongoing serious violations, including the ban on trade union work and arrests of union leaders. The release of some prisoners, including prominent union leaders, is noted, but the situation remains under close ILO attention. #### 2.2.3 Other Noted Cases The document also briefly lists other countries and conventions that have been subjects of serious concern within the CAS in recent years, highlighting the breadth of issues addressed: * **Cambodia (C87):** Serious violations of freedom of association. * **China (C111):** Forced labor of Uyghurs in Xinjiang, with a tripartite technical mission not being executed. * **Libya, Zambia (C29):** Concerns regarding forced labor. * **Georgia, Honduras, Hungary, Iraq (C87):** Serious problems with freedom of association. * **El Salvador, Malaysia, Nepal, Moldova (C98):** Serious problems with freedom of negotiation. * **Uganda (C181):** Spectacular increase in child labor. * **Chad (C182):** Recruitment of children into armed groups. * **Afghanistan (C111):** General discrimination against women. ### 2.3 The ILO's Methodology and Criticisms The ILO's supervisory mechanism is often characterized by its unique methodology, which combines pressure with technical assistance. * **"Tiger without teeth" criticism:** The ILO's supervisory system has been criticized for lacking punitive power, being a "tiger without teeth." * **ILO's Working Model:** In reality, the ILO often employs a pragmatic approach: * **Rule 1: Never leave the country:** ILO engagement is sustained. * **Rule 2: Tackle what is likely to succeed:** Prioritize achievable reforms while keeping long-term goals in sight (e.g., Qatar for forced labor, Uzbekistan for child labor). * **Rule 3: Monitor and map problems:** Understand the scope and nature of issues (e.g., child labor in Uzbekistan). * **Rule 4: Time for sustainable results:** Accept that complex countries require time for durable change (e.g., Colombia, Guatemala). * **Rule 5: Decent Work Country Programs:** Develop tailored programs for specific countries. * **Rule 6: High-level Tripartite Missions:** Utilize HLTMs to create roadmaps and involve social partners. * **Rule 7: Sustainable solutions require many owners:** Foster broad-based commitment to reforms. * **Rule 8: Flying under the radar:** Strategic discretion can sometimes be beneficial. * **Combination of Tools:** The ILO's work model is a combination of: * **Supervisory function:** Applying pressure for implementation and application of conventions. * **Development policy:** Providing technical support and capacity building. * **Diplomacy and social dialogue:** Facilitating constructive engagement between constituents. ### 2.4 The ILO and the International Court of Justice (ICJ) A significant development in the ILO's supervisory system has been the referral of a question regarding the right to strike to the International Court of Justice (ICJ). * **Request for Advisory Opinion:** The ILO Governing Body requested an advisory opinion from the ICJ on whether the right to strike is protected under Convention No. 87 (Freedom of Association and Protection of the Right to Organize, 1948). This arose from a persistent disagreement among the ILO's tripartite constituents on this interpretation. * **Historical Context:** The right to strike has been a point of contention, particularly with the Employers' Group, who have historically argued that it is not explicitly covered by Convention No. 87 and have challenged the interpretation by ILO supervisory bodies. * **Impact on the Supervisory System:** This disagreement led to a crisis in the supervisory system around 2012-2015, with blocked discussions in the Committee on the Application of Standards. An agreement was reached in 2015, reaffirming the right to strike as part of industrial action and freedom of association, though acknowledging it is not an absolute right and is regulated at the national level. * **Referred to ICJ in 2023:** Despite the 2015 agreement, the International Organisation of Employers (IOE) continued to signal potential rejection of the right to strike under C87, prompting a majority in the Governing Body to vote in 2023 to involve the ICJ for a definitive interpretation. * **Expectations:** The ICJ's decision is expected to provide a clear interpretation that will significantly influence the application and understanding of freedom of association and the right to strike globally. The arguments are expected to be presented by member states supporting the right to strike (along with the ITUC) and those opposing its inclusion under C87 (e.g., Switzerland, Japan, IOE). --- # The future of work and the evolving global landscape for the ILO The future of work for the International Labour Organization (ILO) is shaped by a complex interplay of de-globalization, multipolarity, technological advancements, demographic shifts, and geopolitical tensions, presenting both significant challenges and opportunities. ### 8.1 The shifting global landscape The world is moving away from a unipolar order towards a multipolar one, characterized by increased geopolitical tensions and a resurgence of protectionist policies. This shift is evident in: * **De-globalization tendencies:** Events like the COVID-19 pandemic and disruptions in global supply chains have highlighted the vulnerabilities of long-standing commercial relationships, particularly with major manufacturing hubs. Dependence on specific regions for critical resources and production, such as chips from Taiwan or rare earth minerals from China, underscores this trend. * **Rise of new global powers:** The BRICS+ bloc of emerging economies is gaining influence, though internal divergences, particularly between countries like India and China, create complexities. * **Geopolitical conflicts:** The ongoing conflict in Ukraine, and tensions in the Middle East involving Israel, Gaza, and Hezbollah, pose significant threats to international stability and the credibility of international legislation and institutions. * **Shifting alliances and priorities:** African nations are increasingly playing powers off against each other, often leaning towards Russia and China. Latin American countries are also navigating their political and economic orientations, similarly looking towards Russia and China. The "Global South" is distancing itself from Western perspectives and policies, as seen in reactions to the war in Ukraine. * **Cultural identity and social issues:** A growing emphasis on cultural identity is evident across various regions, leading to differing stances on social issues such as LGBTQIA+ rights, even within UN agencies. * **Europe's evolving role:** Europe is grappling with defining its position, potentially as a regulator in areas like human rights, climate, and migration, while simultaneously facing a democratic deficit. * **Challenges to multilateralism:** The United Nations faces significant challenges to its legitimacy, financial stability, internal governance, and the effectiveness of the superpower veto. The composition of key bodies is also a point of contention. ### 8.2 The impact of technological advancements and demographic shifts Technological advancements, particularly Artificial Intelligence (AI), and significant demographic changes are fundamentally altering the nature of work. * **Artificial Intelligence (AI):** While AI presents new possibilities, the complexity of human cognition, action, and emotion remains crucial. Unchecked, the digital economy risks exacerbating existing inequalities. * **Digitization and inequality:** Without intervention, the digital economy will likely widen and deepen all forms of inequalities. * **Stagnating wages:** In many instances, wage growth has not kept pace with productivity growth. * **Limited social protection:** Only a quarter of the global population benefits from comprehensive social security systems, leaving a vast majority vulnerable. * **The Platform Economy:** The rise of the platform economy poses a risk of replicating the exploitative working conditions of the 19th century. * **Climate change:** Climate change is identified as a paramount challenge that will significantly impact employment and work. * **Quality of work:** Concerns persist regarding the quality of work, with an estimated 2.78 million deaths annually attributed to accidents and occupational diseases, alongside emerging issues like burnout. * **Demographic shifts:** By 2050, the working-age population is projected to decrease in Europe (by approximately 14%) while increasing significantly in Africa (by about 12%). * **Business models:** Current business models are often overly focused on short-term profits, hindering long-term investment in social needs and the real economy. ### 8.3 The ILO's response and recommendations In response to these evolving challenges, the ILO, through its Global Commission on the Future of Work, has put forth recommendations aimed at navigating the future landscape. * **Centenary Declaration for the Future of Work (2019):** This declaration, along with the Commission's recommendations, serves as a roadmap for the future of work and the ILO's mandate in its second century. * **Key Recommendations:** * **Gender Equality:** Implementing measurable programs for gender equality to ensure that women do not bear the brunt of crises. * **Universal Social Protection:** Guaranteeing universal social protection for all forms of work to prevent informal economy workers from falling into poverty. * **Universal Labour Guarantee:** Establishing a living wage, regulated working hours, and safe jobs to protect workers and ensure their contributions are valued. * **Collective Representation and Dialogue:** Encouraging collective representation and dialogue to effectively shape protective measures. * **Technology for People:** Developing technology with a human-centric approach to ensure rapid and universal responses to global needs, such as vaccine and medicine development. * **Investment in Key Sectors:** Increasing investments in healthcare, climate-friendly economies, and rural economies to create new employment and address challenges. * **Long-term Investment:** Shifting towards long-term investments in social needs and the real economy to create more environmentally friendly value chains and formalize the informal economy with decent wages and worker protection. The recommendations of the Global Commission and the Centenary Declaration are considered highly relevant for addressing the aftermath of crises, underscoring the ILO's preparedness for post-crisis scenarios. ### 8.4 US politics and the ILO The relationship between the United States and the ILO is complex and has seen periods of engagement and withdrawal. * **US Contribution:** The US is a significant financial contributor to the ILO's budget, typically accounting for a substantial portion of its regular contributions and project funding. * **Historical Context:** The US joined the ILO in 1934, left in 1978 over policy on Israel and the influence of employer and worker delegates, and rejoined in 1980. * **Recent Political Trends:** Administrations have shown varying attitudes towards international organizations. Previous administrations have withdrawn from or criticized various UN agencies. * **Concerns regarding ILO leadership and policy:** Some assessments have raised concerns about the re-election of the Director-General and the perceived sidelining of US leadership within the organization, alongside the appointment of individuals to senior positions perceived as not fully aligned with ILO objectives, including those critical of unionization and social dialogue. * **Financial implications:** There have been instances of the US withholding payments, leading to financial strain on the ILO, impacting staffing, operational costs, and project implementation. This has led to staff reductions and relocation of departments to reduce costs. * **Impact on decision-making:** The US's financial leverage and political influence can significantly impact ILO decision-making processes, particularly in the appointment of senior leadership. * **Corporate influence:** The US Council for International Business has advocated for continued ILO engagement, recognizing the impact of international labor standards negotiations on American companies' global operations. The future trajectory of the ILO's engagement with the US and the broader global landscape remains uncertain, dependent on geopolitical evolutions, the commitment of its constituents, and its ability to adapt its methods and maintain its core objectives of social justice. --- # The role of the ILO in international legal disputes This section examines the ILO's interactions with the International Court of Justice (ICJ), focusing on the interpretation of conventions and the right to strike, and highlights significant historical crises and ongoing challenges within the ILO's supervisory system. ### 6.1 The role of the ICJ in interpreting ILO conventions The International Court of Justice (ICJ) plays a crucial role in interpreting ILO conventions. Under Article 37(1) of the ILO Constitution, any dispute concerning the interpretation of the ILO Constitution or a subsequent Convention can be referred to the ICJ for a decision. This role is further affirmed by the Vienna Convention on the Law of Treaties (1969). ### 6.2 The right to strike and ILO Convention No. 87 A significant point of contention has been the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), specifically concerning the right to strike. #### 6.2.1 Historical dispute and the 2012-2015 crisis * **Employer opposition:** The Employers' Group, particularly influenced by organizations like the CBI (UK) and Business Europe, actively sought to prohibit the ILO from advising on the right to strike. They questioned its status as part of international legislation and challenged the objectivity of the Experts' Committee's assessments. * **"The bomb in the standards committee":** This opposition led to a severe crisis within the ILO's supervisory system between 2012 and 2015. * **Consequences:** * Discussions of cases in the Committee on the Application of Standards (CAS) were blocked by the Employers' Group in 2012. * The International Labour Conferences (ILCs) of 2013 and 2014 saw limited discussions of cases in the CAS. * The Workers' Group responded by blocking the Standards Review Mechanism. * The supervisory system was in crisis. #### 6.2.2 Interpretation of Convention No. 87 regarding the right to strike * **Existing jurisprudence:** For over 60 years, the interpretation of Convention No. 87 by the Experts' Committee, the Committee on Freedom of Association (CFA), and the CAS had consistently recognized that social dialogue and the right to negotiate are supported by the right to formulate various types of action, including strikes. * **Historical context:** During the Cold War, the right to strike was a significant argument used by Western governments, employers, and workers to challenge the Soviet bloc. * **Post-Cold War shift:** Following the fall of the Berlin Wall and the rise of globalization, the push to eliminate regulations intensified. #### 6.2.3 Conflict resolution attempts and the 2015 agreement * **Informal meetings:** Three tripartite informal meetings between 2012 and 2013 yielded no results. * **Swiss Chalet Process:** A mediation attempt by Switzerland in 2013 also failed. * **Failed ICJ referral attempt (2014):** An attempt to refer the issue to the ICJ lacked sufficient majority in the Governing Body. * **February-March 2015 Agreement:** After informal discussions, an agreement was reached between workers and employers. * **Workers and employers:** Accepted the principle of industrial action as outlined in the ILO Constitution. * **Employers:** Maintained their refusal to accept the right to strike based solely on Convention No. 87. * **Restart of the supervisory system:** * The right to strike would be handled on a case-by-case basis within the CFA. * Interpretations by the Experts' Committee were considered authoritative but not binding. * The Committee on the Application of Standards (CAS) and the Standards Review Mechanism were restarted. * **Government endorsement:** All governments seconded and reinforced this agreement, stating that while the right to organize and take action for workers' interests is essential for freedom of association, it is not an absolute right and its scope and conditions are regulated at the national level. #### 6.2.4 The 2023 decision to involve the ICJ * **Persistent employer warning:** Despite the 2015 agreement, the International Organisation of Employers (IOE) annually warned that they would never accept the right to strike under Convention No. 87. This remained a destabilizing factor. * **Governing Body majority:** Consequently, a majority was reached in the Governing Body in 2023 to involve the ICJ. Employers and some member states dissented. * **Expected proceedings:** * **Arguments for RtS as part of C87:** A majority of intervening member states and the ITUC. * **Arguments against RtS as part of C87:** Switzerland, Japan, and the IOE. > **Tip:** The involvement of the ICJ signifies a critical juncture for the ILO's supervisory system, particularly concerning the interpretation of fundamental rights within its core conventions. Understanding the historical context and the specific arguments of each party is crucial for analyzing the potential outcomes. --- # US politics and its influence on the ILO This section details the historical and contemporary influence of United States political dynamics on the International Labour Organization (ILO), including its financial contributions, past withdrawals, and the impact of its policy stances on the organization's operations and leadership. ### 9.1 Financial contributions and impact The United States is a significant financial contributor to the ILO's budget. Its regular contribution, along with funding for projects, amounts to approximately twenty-two percent of the total budget. This substantial financial commitment means that the US is widely accepted to hold a leading role within the organization, often reflected in the appointment of a Deputy Director-General presented by the US government and adopted by the Officers of the Governing Body. However, the US has also leveraged its financial position to influence ILO policy and appointments. During the first Trump administration, there was a period of visiting the ILO and expressing satisfaction with cases brought against countries like Venezuela, Guatemala, and Belarus. More significantly, in August 2023, the White House proposed a "Historic Pocket Rescission Package" that aimed to eliminate "Woke, Weaponized, and Wasteful Spending" in various international organizations. For the ILO, this targeted "$107 million," framing the organization as one that "works to unionize foreign workers and punish U.S. corporate interests abroad." This proposed rescission sparked immediate reactions. The US Council for International Business wrote to the White House, urging the exclusion of the ILO from the package, emphasizing that participation in international labor standards negotiations and policy discussions directly impacts American companies' global operations and financial outcomes. Subsequent negotiations between the ILO Director-General and the White House resulted in a compromise: the appointment of Nels Nordquist, an economist known for statements that question respect for ILO objectives, as Deputy Director-General. Nordquist is set to lead all policy departments and has appointed an assistant known for critical views on unionization and social dialogue. Compounding these issues, the US has not paid its contributions for the last two years, and there is no guarantee of future payments. This financial uncertainty, alongside China's significant contribution of forty-five million dollars, creates a precarious financial situation for the ILO, reportedly leading to approximately two hundred and fifty officials being furloughed and potential job losses. To mitigate costs, policy departments are being reorganized and relocated from Geneva to Turin. The upcoming Governing Body meeting in November will be crucial in determining the ILO's path forward amidst these challenges. > **Tip:** Understanding the US's financial influence is key to grasping its impact on ILO decision-making and operational capacity. The proposed budget rescissions and appointment of a Deputy Director-General illustrate how political agendas can directly shape the organization. ### 9.2 Historical withdrawals and returns The United States' engagement with the ILO has been marked by periods of both participation and withdrawal. The US joined the ILO in 1934, fifteen years after its founding. However, its membership was not continuous. In 1978, under President Carter, the US announced its withdrawal from the ILO, a decision executed by Secretary of State Kissinger. The primary reasons cited for this withdrawal were the ILO's stance on Israel's policies and the perceived undue influence of employer and worker delegates. This withdrawal highlighted the political sensitivities that can affect US participation. The US returned to the ILO in 1980, again under President Carter. This reentry was partly motivated by the desire to play a role in supporting movements like Solidarność in Poland and broader efforts in Eastern Europe during the late Cold War era. ### 9.3 Policy stances and their impact US policy stances have consistently influenced the ILO's agenda and operations. A notable instance of US influence occurred during the first Trump administration (2017-2021). US representatives visited the ILO and expressed approval for cases brought against Venezuela, Guatemala, and Belarus, suggesting a preference for an approach that focuses on punitive measures against certain member states. More recently, the American Enterprise Institute published a negative assessment in June 2025, advocating for the US to oppose the re-election of current Director-General Gilbert Houngbo. The institute argued that Houngbo had "sidelined senior US leadership and awarded China a senior position." This highlights a US concern about its representation and influence within the ILO's senior leadership, especially in relation to other major powers like China. The ongoing financial uncertainties and proposed budget rescissions directly translate into policy impacts. The reduction in travel costs and projects, along with the reorganization of policy departments, suggests a diminished capacity for the ILO to engage in its development and technical support activities. The potential loss of staff due to funding cuts also raises concerns about the organization's ability to effectively implement its mandates. > **Example:** The US Council for International Business's letter to the White House demonstrates how American companies, through their industry associations, actively engage in policy discussions to protect their interests within the ILO framework. This advocacy illustrates the direct link between US business policy and the ILO's operational scope. ### 9.4 Leadership and appointments The appointment of senior leadership positions within the ILO, particularly the Deputy Director-General, has become a point of contention and political maneuvering involving the United States. While the US is a major contributor, the process for appointing the Deputy Director-General, which requires adoption by the Officers of the Governing Body, has been a site of negotiation. The appointment of Nels Nordquist, an economist with a background critical of ILO objectives, signifies a direct political intervention by the US administration. His stated views and the subsequent appointment of a lawyer known for "union and social dialogue bashing" as his assistant raise serious questions about the future direction of ILO policy departments. The French Chair of the Governing Body expressed criticism but indicated they would not refuse the appointment, while the Employers' Chair deferred responsibility to the Director-General. The Workers' Chair, however, expressed significant criticism. The selection of leadership, therefore, reflects the power dynamics and the extent to which specific political administrations can influence the ILO's strategic direction and operational priorities. The appointment process itself has become a proxy battleground for differing ideologies regarding labor rights and international cooperation. ### 9.5 The current landscape and future outlook The current situation presents a significant challenge for the ILO. The United States' reduced financial commitment and politically charged appointments have created a climate of uncertainty regarding its future operations and efficacy. The outcome of the November Governing Body meeting is anticipated to be pivotal, with questions surrounding the attitude of EU countries, the reactions of other regions and member states, and whether they will accept the US in a leading role without commensurate financial input. The text suggests that the ILO's survival over its 106-year history has often been due to its constituents choosing to prioritize its core objectives of social justice, aided by its tripartite composition. The hope is that this historical resilience will prevail, enabling the organization to navigate the current geopolitical tensions and evolving global landscape. The challenges posed by de-globalization, multipolarity, and differing national interests mean that the ILO's ability to foster international cooperation and advance social justice will be severely tested. --- ## Common mistakes to avoid - Review all topics thoroughly before exams - Pay attention to formulas and key definitions - Practice with examples provided in each section - Don't memorize without understanding the underlying concepts

| Term | Definition | |------|------------| | International Labour Organization (ILO) | An agency of the United Nations, established in 1919, that promotes labour rights and decent work through the development of international labor standards, fostering social dialogue, and providing technical assistance to its member states. | | International Labour Standards | A set of principles and rights at work established by the ILO, comprising Conventions, Recommendations, and Declarations, which aim to promote social justice and improve working conditions globally. | | Conventions | Legally binding international treaties adopted by the ILO's International Labour Conference that, upon ratification by member states, oblige them to implement the provisions contained within them. | | Recommendations | Non-binding instruments adopted by the ILO that provide guidance on policy, legislation, and practice, often supplementing Conventions to facilitate their implementation. | | Declaration | A solemn statement of principles or policy adopted by the ILO, such as the Declaration of Philadelphia, which sets out the fundamental goals and objectives of the Organization. | | Tripartism | The fundamental principle of the ILO's structure, involving equal representation and participation of governments, employers, and workers in its decision-making processes and activities. | | Social Dialogue | A process of consultation and negotiation between governments, employers' organizations, and workers' organizations on issues of common interest, promoting cooperative approaches to labor and social policy. | | Governing Body | The executive council of the ILO, responsible for setting the agenda, supervising the work of the International Labour Office, and making decisions on policy matters. | | International Labour Conference (ILC) | The supreme decision-making body of the ILO, meeting annually to discuss labor and social issues, adopt new international labor standards, and oversee the Organization's activities. | | Committee of Experts on the Application of Conventions and Recommendations (CEACR) | A body of independent legal experts appointed by the ILO Governing Body to examine the reports submitted by member states on the implementation of ratified Conventions and the application of Recommendations. | | Committee on the Application of Standards (CAS) | A tripartite committee of the International Labour Conference where specific cases of alleged non-compliance with ratified ILO conventions are discussed and judged. | | Committee on Freedom of Association (CFA) | An ILO committee that examines complaints alleging infringements of the right to freedom of association, brought forward by workers' or employers' organizations. | | Commission of Inquiry | An exceptional ILO procedure established to investigate serious allegations of non-compliance with ILO conventions, involving a formal investigation and report to the Governing Body. | | Kafala System | A sponsorship system prevalent in some Gulf states where an employer acts as a legal guardian for a migrant worker, often leading to significant control and potential for abuse, including passport confiscation and restricted movement. | | Decent Work | A concept promoted by the ILO that encompasses opportunities for productive work that is fair, safe, and provides adequate income and social protection, with respect for workers' rights and with prospects for personal development. | | Social Protection | The provision of social security benefits and social assistance to individuals and families to protect them against risks and vulnerabilities such as unemployment, old age, sickness, disability, and poverty. | | Fundamental Conventions | The eight core ILO conventions considered to represent universal values and are fundamental to the realization of all other ILO standards, requiring respect even if not ratified. | | Forced Labour | All work or service exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily, as defined by ILO Convention No. 29. | | Child Labour | Work performed by children that deprives them of their childhood, their potential, and their dignity, and that is harmful to their physical and mental development, as defined by ILO Conventions No. 138 and No. 182. | | Discrimination in Employment | Any distinction, exclusion, or preference made on the basis of race, color, sex, religion, political opinion, national extraction, or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation. | | Right to Strike | The right of workers and their organizations to take collective action, including work stoppages, to promote and protect their economic and social interests, a matter subject to interpretation within ILO conventions. | | Artificial Intelligence (AI) | A field of computer science focused on creating systems that can perform tasks typically requiring human intelligence, such as learning, problem-solving, and decision-making, posing new challenges for the future of work. | | Platform Economy | An economic model where services are provided or transactions are facilitated through digital platforms, often leading to new forms of employment and work arrangements, with potential implications for labor rights and working conditions. |