International: ILO conference adopts new international labour standards

Meeting in May to June 2006, the annual International Labour Conference adopted new standards on occupational safety and health and on employment relationships, as well as discussing issues such as child labour, forced labour and the changing world of work.

The 95th annual International Labour Conference was held in Geneva from 31 May to 16 June 2006. It was attended by around 4,000 participants, including labour ministers and leaders of trade union and employers' organisations from most of the 178 member states of the International Labour Organisation (ILO). Each member country has the right to send four delegates to the conference - two from government and one each representing workers and employers, both of whom may speak and vote independently. The conference's role is to: adopt, and oversee compliance with, international labour standards; elect members of the ILO governing body; provide a forum for debate on social and labour questions of worldwide importance; pass resolutions that provide guidelines for the ILO's general policy and future activities; and, every two years, adopt the ILO's work programme and budget.

Following the 93rd annual conference in May-June 2005 (ILO Conference debates global employment issues), a special 94th session on maritime issues was held in February 2006 - the seafaring-specific meetings are organised every 10 years. The most notable development at the 94th session was the adoption of a new convention on maritime labour. It set minimum requirements for seafarers to work on ships and contains provisions on conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection. The innovative new instrument consolidates and updates 68 existing ILO maritime conventions and recommendations adopted since 1920, and seeks to provide a "comprehensive labour charter" for the world's 1.2 million seafarers.

Health and safety

Following a first discussion at the 2005 annual meeting, the conference adopted a new convention on a "promotional framework" for occupational safety and health and an accompanying recommendation. The convention was adopted by 455 votes for, with two against and five abstentions, and the recommendation by 458 votes for, with three against and six abstentions. Conventions are international treaties that, once adopted by the conference, are open to ratification by member states, with ratification creating a legal obligation on that country to apply the provisions of the convention. Recommendations are intended to guide national action, are not open to ratification and are not legally binding.

The ILO estimates that some 6,000 workers die each day worldwide as a result of work-related accidents or illness. The new convention and recommendation will promote the development of a "preventative safety and health culture", elevating occupational safety and health on national agendas by launching national occupational programmes on the issue, as well as emphasising safer and healthier working environments through preventative measures. These measures are based on the ILO's global strategy on occupational safety and health adopted by the 2003 conference (ILO meets for 91st Conference), which emphasised the importance of building and maintaining a national preventative safety and health culture, and a "systems approach" to the issue.

The conference also adopted a resolution on exposure to asbestos, which causes some 100,000 deaths worldwide per year. The resolution states that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from exposure and to prevent future asbestos-related diseases and deaths. It also stipulates that the 1986 ILO convention on asbestos (no.162) should not be used to provide a justification for, nor endorsement of, the continued use of asbestos.

Employment relationships

Delegates adopted a recommendation on the employment relationship, by a vote of 329 for and 94 against, with 40 abstentions. Employers opposed several specific provisions in the text and thus did not support adoption.

The new recommendation seeks to address the increasing frequency of situations in which it is difficult to establish the existence of an employment relationship. It proposes that member states should formulate and adopt, in consultation with workers and employers, national policies on:

  • establishing the existence of an employment relationship;
  • distinguishing between employed and self-employed workers;
  • combating "disguised" employment relationships; and
  • ensuring standards are applicable to all forms of contractual arrangements.

Child labour

Since the adoption in 1998 of the ILO Declaration on Fundamental Principles and Rights at Work, the conference has each year examined a "global report" prepared by the ILO under the follow-up procedure required by the declaration. Over a four-year cycle, the conference examines in turn global reports covering the four fundamental rights, namely: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. This year, the report focused on child labour. Entitled The end of child labour: within reach*, it finds that the extent of child labour has decreased worldwide, with the number of children involved dropping by 11% from 246 million to 218 million between 2000 and 2004. The report calls on member states to aim at eradicating the worst forms of child labour within a decade (see also ILO report on eliminating child labour).

The conference marked the fourth World Day against Child Labour on 12 June with a special event to highlight the ILO's global "Red card to child labour" campaign which, in partnership with Fifa, uses major international football tournaments to promote the anti-child labour message. With the World Cup under way during the conference, the event was addressed by leading football figures, including Roger Milla, the former Cameroon player. According to the ILO director-general, Juan Somavia: "Many have said child labour will always be with us. But the global movement against child labour is proving them wrong. That is the meaning of the symbolic waving of the red card against child labour - it's not just a gesture, it's a way to highlight our struggle for the right of every child to a real childhood."

Changing employment patterns

The conference discussed a major new report from the ILO director-general, entitled Changing patterns in the world of work†, which describes recent trends and future prospects in an "emerging global labour market" and seeks to stimulate debate on emerging trends and challenges in the world of work.

According to the report, today's labour market is marked by a widening gap between unprecedented opportunity for some and growing uncertainty for many. It says: "[For some people] change provides welcome opportunities for more rewarding and satisfying work and a better life. For others, change is worrisome, closing off rather than opening up chances for improving living and working conditions." More than 400 million new jobs will be required over the next decade to keep pace with growth of the labour force, mostly in the developing countries (where some 80% of the global workforce lives), it is argued. This job-creation challenge comes on top of the pressure of a continuing large-scale shift out of agriculture and rural areas towards cities, pushed by poverty and pulled by the hope of a better job.

Somavia told the conference: "The global economy is not delivering enough decent jobs that people need. Despite the many benefits of globalisation, we see again and again how the dignity of work has been devalued. Economic optimism for some is matched with profound social pessimism for many. This is why we must put in place policies that replace jobless growth with quality, 'job-rich' growth." The director-general cited the service economy as a "major growth area for employment". He added that "this is linked to another virtually global phenomenon - skill shortages side-by-side with rising unemployment. The hardware of the new technologies is spreading much faster than the human software of manager and worker skills to make full use of its potential."

The report identified other challenges facing the global economy, including the need to come to terms with an ageing population, discrimination, migration and the fact that six out of 10 workers in the world lack social protection.

Following the debate, Somavia stated that the discussion at the conference had produced "extremely thoughtful and interesting contributions" to help "inform and shape" the ILO's future work.

Forced labour in Myanmar

As it has on a number of occasions in recent years ( ILO meets for 91st Conference), the committee on the application of standards held a special sitting on the longstanding problem of the application by Myanmar of convention no.29 on forced labour. Forced labour reportedly remains widespread in this country, while people who complain about the practice are often prosecuted and imprisoned. The 2006 conference described the situation in Myanmar as one of "unprecedented gravity" that was "unacceptable to the ILO".

The committee took note of information provided by the government of Myanmar that it will place a six-month moratorium on prosecutions of complainants on an experimental basis and that during this period, as an interim measure, complaints of forced labour will be handled by the director-general of the Myanmar Labour Department together with the ILO liaison officer in the country. However, the committee concluded that, although this action may "sound positive", it is "late and limited". Words must be "urgently completed and confirmed by deeds in all relevant matters", in particular the acquittal and release of people who have already been prosecuted, and the cessation of prosecutions under way, said the committee. The authorities should immediately enter into discussions with the ILO, with a view to establishing as soon as possible a credible mechanism for dealing with complaints of forced labour.

The committee's conclusions were taken into account at a special plenary session of the conference to discuss what further action the ILO should take to secure compliance by the Myanmar government. The conference noted that progress could be made on the issue of forced labour only if there was a real commitment from the government, and it set out two areas that required "tangible and verifiable" action from Myanmar:

  • the release of anyone who has been imprisoned following contacts with the ILO, and a halt to prosecutions that were currently under way, by the end of July 2006; and
  • an agreement between Myanmar and the ILO by the end of October on a credible mechanism for dealing with complaints of forced labour, with all necessary guarantees for the protection of complainants.

At its November 2006 session, the ILO governing body will examine whether this action has been taken and it will have full authority to decide on the most appropriate course of action. During the conference, Myanmar expressed a willingness to cooperate with the ILO and reported that it had released from detention the human rights defender Su Su Nwe. Her release had been called for by the ILO since her imprisonment in 2005, a few months after she successfully prosecuted government officials for imposing forced labour.

Application of standards

In addition to its special sitting on Myanmar, the committee on the application of standards examined 25 other cases related to possible breaches of international labour standards, covering freedom of association, forced labour, discrimination, child labour, employment policy, labour inspection and wages. The committee expressed special concern about the situation with regard to freedom of association in Bangladesh and Belarus. In the case of Belarus, the committee noted with great concern that there had been continued failure to eliminate serious discrepancies in the application of the conventions concerned (nos. 87 and 98). Further action will be considered by the ILO governing body in November.

The committee also recorded a "historic agreement" reached within its framework among the Columbian government and representatives of employers and workers. They agreed on a permanent presence for the ILO in the country, which will provide technical assistance in the framework of Columbia's "national decent work country programme", including the promotion and defence of fundamental workers' rights, in particular the rights to life, freedom of association and expression, collective bargaining and freedom of enterprise for employers.

A conference committee discussed a general survey on labour inspection. The committee highlighted the crucial importance of such inspection for ensuring the protection of workers and compliance at national level with labour laws, and its "key role for good governance in the world of work".

Other issues

Delegates reviewed the ILO's technical cooperation programme, taking account of significant changes that have taken place in ILO programmes and activities since the issue was discussed at the conference in 1999, including the introduction of "[national] decent work country programmes" and partnerships both within the United Nations system and elsewhere. The debate emphasised the importance of strengthening the tripartite constituents of the ILO and their participation in technical cooperation. Stating that "full and productive employment and decent work are a central driver of development and therefore a priority objective of international cooperation," a specific committee extensively reviewed all aspects of technical cooperation.

Guest speakers addressing the conference included President Ellen Johnson Sirleaf of Liberia, who called for urgent action for peace and development in her country, and President Oscar Arias Sánchez of Costa Rica, who urged the adoption of concrete measures to ensure a fairer globalisation.

Finally, delegates debated the situation of workers in the occupied Arab territories (in Palestine).

At the end of the conference, Somavia concluded that it had "set standards for the 21st century which are relevant and applicable for countries all over the world and at all stages of development" and had provided "a strong mandate to engage fully in the process of renewing our multilateral system, confident in the recognition we have as 'the decent work agency'".

* "The end of child labour: within reach", available at www.ilo.org/public/english/standards/ipec/about/globalreport/2006/index.htm.

† Changing patterns in the world of work (PDF format, 385K).