International Labour Organization (ILO)

	Website: www.ilo.org
	Keywords: HIV/AIDS, human rights, employment, International Labour Conference

The International Labour Organization (ILO) was created in 1919 under the Treaty of Versailles, as a reflection of the conviction that „universal and lasting peace can be established only if it is based upon social justice.”[1]  The ILO’s unique tripartite structure, comprising representatives of employers and of workers alongside those of governments, colors its governance, its standard-setting activity and its engagement at the global, regional and country level.  The governing organs are the International Labour Conference and the Governing Body; the secretariat is the International Labour Office, with headquarters in Geneva, Switzerland. The ILO became the first Specialized Agency of the United Nations in 1946. It currently has 183 Member States.
The ILO promotes decent work for all, i.e. opportunities to obtain decent and productive employment in conditions of freedom, equity, security and human rights.  The four interdependent pillars of the Decent Work Agenda, anchored in the 2008 Declaration on Social Justice for a Fair Globalization,[2] are employment, social protection, rights at work and dialogue in handling work-related issues (“social dialogue”).  Specific aspects of the Decent Work Agenda, which has been endorsed across the UN system,[3] contribute to the achievement of poverty reduction, and in particular the Millennium Development Goals.

Recent Development: The 2010 International Labour Conference
A new record of 5,138 accredited delegates and advisers attended the 99th session of the International Labour Conference (Geneva, June 2 –18, 2010), the ILO’s highest level governance structure.  Its main legal event was the adoption of the Recommendation concerning HIV and AIDS and the World of Work,[4] approved by 96.6% of the votes cast.  As a Recommendation, it provides guidance on policy, and must be submitted by Member States to the relevant competent authority, normally parliaments, for consideration “with a view to effect being given to it by national legislation or otherwise.”[5]  
The HIV and AIDS Recommendation 2010, the 200th such instrument adopted by the ILO, updates and augments the ILO Code of Practice on HIV/AIDs and the World of Work of 2001.[6] It is the first human rights instrument on the topic. The new Recommendation aims at strengthening the contribution of the world of work to universal access to HIV prevention, treatment, care and support.  It includes definitions, general principles, and provisions on prevention programs and anti-discrimination measures at national and workplace levels. These encompass respect for international guidelines on confidentiality, counseling and consent in relation to testing, which should not endanger access to jobs, job security or advancement opportunities.  The new instrument stresses the key role of employment and income-generating activities for workers and people living with HIV, especially in relation to mitigating its impact, and highlights the importance of social dialogue and of international cooperation.  The implementation phase of the Recommendation began at the XVIII International AIDS Conference in Vienna (July 18-23 2010).
In a separate standard-setting exercise, the Conference ended the first of two discussions of “Decent Work for Domestic Workers” with conclusions that proposed the adoption in 2011 of a draft Convention and draft Recommendation on that topic.[7]  If these instruments are adopted by the Conference, the Convention would be subject to ratification by Member States.
With over a decade of experience using the Follow-up to the 1998 ILO Declaration on Fundamental Principles and Rights Work,[8] the Conference adopted a revised Annex to the Declaration. [9] The main change permits alignment of the Global Reports (previously quadrennial reports on freedom of association/collective bargaining, forced labour, child labour and discrimination) to the schedule for a “recurrent report” on the category of fundamental principles and rights at work, an innovation introduced with the 2008 Declaration. The purpose of the revamped Global Report is to inform the Conference of the needs of the Members, the ILO action undertaken and the results in achieved in the promotion of one or more fundamental principles and rights at work.  The Conference discussion is then to guide the Governing Body and the Secretariat.  Other aspects of the Follow-up, including annual reports by Member States that have not yet ratified all eight fundamental Conventions,[10] remained substantially unchanged.

The Conference plenary debate focused on two of the Director-General’s reports, Recovery and Growth with Decent Work,[11] and Accelerating Action against Child Labour[12] (including endorsement of a road map to eliminate its worst forms by 2016, adopted at the Hague Global Child Labour Conference in May 2010), as well as on reports relating to the ILO’s operational activities.  As in past years, a special session of the Conference discussed the Appendix to the Report of the Director-General entitled, The situation of Workers of the Arab occupied territories.[13]

The 2010 session marked the first recurrent item discussion within the framework of the 2008 Declaration, referred this year to a committee focusing on employment.[14]  At the same time, the Conference Committee on the Application of Standards examined the General Survey concerning Employment Instruments[15] before turning to selected cases of non-observance by Member States to give effect to ratified Conventions, based on the annual Report of the Committee of Experts on the Application of Conventions and Recommendations.[16] The Conference Committee again devoted a sitting to the situation involving Myanmar’s failure to give effect to recommendations of a Commission of Inquiry regarding the elimination of forced labour.[17]

The Conference also approved amendments to the Standing Orders of the International Labour Conference (ILC) which relate to ensuring that, as required by Article 3, paras. 1 and 2 of the Constitution, each member State is represented at the Conference by a tripartite delegation (two government delegates, one employer delegate and one worker delegate).   Under the amended texts of Art. 5 and Art. 26ter of the ILC Standing Orders,[18] the Credentials Committee of the Conference can act on a complaint regarding an act or omission of a government that has prevented a delegate or adviser from attending the Conference (such as withdrawal of a passport).  Moreover, under Art. 26ter, if that Committee cannot resolve any type of credentials complaint lodged under Art. 5, it may refer the matter to the Officers of the Conference to take action, in collaboration with the government concerned, to facilitate attendance at the Conference of the delegate or adviser concerned. 

****
The HIV and AIDS Recommendation 2010 is a landmark international instrument, recognizing the importance of the world of work in tackling this pandemic through a cross-organizational approach. Of special note is its call for action taken under it to be included in national reports to UNAIDS and under other relevant instruments; together with future reporting that may be requested under Art. 19 of the ILO Constitution, this should facilitate regular sharing of good practices.  Moreover, Recommendation No. 200 built upon earlier ILO jurisprudence in relation to the elimination of discrimination in employment and occupation.   The other decisions taken by the 2010 Conference on legal matters, i.e., in relation to the Follow-up under the 1998 ILO Declaration on Fundamental Principles and Rights at Work and to the handling of credentials complaints, show the capacity of the Organization to respond to evolving needs. 
The newly introduced procedures for discussing the recurrent items under the 2008 Declaration, and their articulation with the traditional examination of General Surveys under Art. 19 of the Constitution, suggest that this is still work in progress.  Furthermore, the debates on the report on Palestinian workers and on Myanmar’s continued failure to abolish forced labor reflect the general frustration of the world community in the face of these intractable situations. Finally, the critical role of jobs in the current crisis, reflected in outcomes of recent G20 summits as well as at the High-Level Discussion held at the ILC on June 10, 2010, has not yet translated into a strengthened structural role for the ILO in global economic and financial governance.  
The Provisional Records of the Conference, containing the committee reports and plenary debates, together with the background documents submitted to the Conference, provide rich on-line sources of information in English, French and Spanish for anyone interested in human rights or employment issues.

Anne Trebilcock,
Centre de droit international
Université de Paris 10 Nanterre-LaDéfense

October 2010