The ILO played a pioneering role in establishing human rights standards even before the United Nations was established and human rights were formally articulated. Since its creation in 1919, the ILO’s international labour standards have embodied the principles and values later reflected in the United Nations Charter (1945) and the Universal Declaration of Human Rights (1948).
Following the UDHR, ILS continued to inspire the formulation of human rights in the two International Covenants on Civil and Political and on Economic, Social and Cultural Rights. Today, ILS give expression to human rights at work, including the right to work; the right to social security; the right to safe and healthy working conditions; the right to fair wages and equal remuneration for work of equal value; the right to rest, leisure and reasonable limitation of working hours and periodic holidays with pay; and the right to maternity protection.
Labour Rights are Human Rights
International labour standards are international law and form part of the international human rights norms and standards landscape. ILS provide the details for practical implementation of human rights obligations in the world of work. For example, the UN Covenants proclaim the right to freedom of association, while the ILO Conventions No. 87 and No. 98 and the compilation of decisions of the ILO Committee on Freedom of Association provide for detailed rights emanating from this fundamental freedom with regard to the right to organize for workers and employers.
Some ILO standards directly express human rights while others set benchmarks for the labour market institutions that are necessary for realizing human rights at work.
ILO and UN bodies monitoring the implementation of mutually supportive rights regularly cite each other’s decisions.
Fundamental Principles and Rights at Work
The 1998 Declaration of Fundamental Principles and Rights at Work (amended in 2022) underscores the significance of five core principles that are so fundamental that they must be upheld even in situations where the country in question has not ratified the corresponding Conventions. These principles hold a crucial status, emphasizing their universal applicability and importance in ensuring decent and equitable work conditions for all individuals. These are:
- 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
- the elimination of discrimination in respect of employment and occupation; and
- a safe and healthy work environment (added in 2022).
Corresponding Conventions
Forced Labor Convention, 1930 (No. 29)
The Forced Labor Convention, also known as Convention No. 29, is a fundamental ILO treaty that was adopted in 1930 and ratified by Pakistan in 1957. It is one of the oldest and most widely ratified international human rights instruments, and remains a key instrument in the fight against forced labor.
The convention defines forced labor as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. It prohibits all forms of forced labor, including bonded labor, debt bondage, and labor imposed as a punishment for a crime.
The convention obligates states parties to take effective measures to prevent and eliminate forced labor, to provide for the protection of workers against forced labor, and to ensure that any persons who have been subjected to forced labor have access to appropriate remedies and compensation.
The convention also requires states parties to take measures to promote public awareness of the problem of forced labor and to ensure that information about the problem is disseminated to workers, employers, and the general public.
Freedom of Association and the Right to Organize Convention, 1948 ( No. 87)
The Freedom of Association and the Right to Organize Convention, also known as Convention No. 87, is also a core International Labour Organization (ILO) treaty, adopted in 1948 and ratified by Pakistan in 1951. It is an important international legal instrument for protecting workers’ rights and promoting social justice.
The convention recognizes the right of workers and employers to form and join organizations of their own choosing, without prior authorization or interference from governmental authorities. This includes trade unions, employers’ organizations, and other associations that promote the interests of workers or employers.
The convention obligates states parties to take effective measures to ensure that workers and employers can exercise their right to freedom of association and the right to organize without fear of persecution, harassment, or discrimination. It also requires states parties to ensure that workers’ organizations are free from interference from employers and that employers’ organizations are free from interference from workers.
Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
The Right to Organize and Collective Bargaining Convention, also known as Convention No. 98, is another treaty that was adopted in 1949 and ratified by Pakistan in 1952. It is one of the most important international legal instruments protecting workers’ rights to organize and bargain collectively.
The convention recognizes the right of workers and employers to establish and join organizations of their own choosing and to bargain collectively with employers. It obligates states parties to take effective measures to protect workers and employers from discrimination, intimidation, or other forms of interference in exercising their right to organize and bargain collectively.
The convention also requires states parties to promote voluntary collective bargaining as the preferred method of regulating terms and conditions of employment and to ensure that employers and workers can engage in collective bargaining without fear of retaliation or discrimination.
Equal Remuneration Convention, 1951 (No. 100)
The Equal Remuneration Convention, also known as Convention No. 100 was adopted in 1951 and ratified by Pakistan in 2001. It is one of the most important international legal instruments promoting gender equality and non-discrimination in the workplace.
The convention requires states parties to ensure that men and women receive equal remuneration for work of equal value. It obligates states parties to take effective measures to eliminate discrimination on the basis of sex with respect to wages and to ensure that employers provide equal pay to men and women for work of equal value.
The convention defines remuneration broadly to include all forms of payment, including salaries, bonuses, allowances, and other benefits, and requires states parties to ensure that all such payments are free from discrimination on the basis of sex.
Abolition of Forced Labor Convention, 1957 (No. 105)
The Abolition of Forced Labor Convention, also known as Convention No. 105, is an important ILO fundamental treaty that was adopted in 1957 and ratified by Pakistan in 1960. It is one of the most important international legal instruments aimed at eliminating forced labor in all its forms.
The convention defines forced labor as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. It obligates states parties to take all necessary measures to prevent and abolish all forms of forced or compulsory labor.
The convention requires states parties to ensure that no person is subjected to forced labor or trafficking in persons for the purpose of forced labor. It also obligates states parties to take measures to identify and protect victims of forced labor, and to ensure that they have access to appropriate remedies and compensation.
Discrimination (Employment and Occupation) Convention, 1958 (No.111)
The Discrimination (Employment and Occupation) Convention, also known as Convention No. 111, was adopted in 1958 and ratified by Pakistan in 1961. It is considered as one of the most important international legal instruments promoting equal opportunities and non-discrimination in employment and occupation.
The convention obligates states parties to eliminate discrimination on the basis of race, color, sex, religion, political opinion, national extraction, or social origin in the field of employment and occupation. It requires states parties to take effective measures to prevent and eliminate discrimination in all its forms, including direct and indirect discrimination and harassment.
The convention recognizes that discrimination in employment and occupation can limit economic and social development, and obligates states parties to take measures to promote equal opportunities and to ensure that all workers have access to fair and decent employment.
The convention also requires states parties to adopt and implement policies and programs to promote equality of opportunity and treatment in employment and occupation, and to ensure that workers are informed of their rights and protected against discrimination.
Minimum Age Convention, 1973 (No.138)
The Minimum Age Convention, also known as Convention No. 138 was adopted in 1973 and ratified by Pakistan in 2006. It aims at protecting children from economic exploitation and promoting their education and development.
The convention sets the minimum age for admission to employment or work that is likely to harm the health, safety, or morals of young persons at 18 years, and obligates states parties to take measures to ensure that no person under that age is employed in such work.
Worst Forms of Child Labor Convention, 1999 (No.182)
The Worst Forms of Child Labor Convention, also known as Convention No. 182, is a fundamental (ILO) treaty that was adopted in 1999 and ratified by Pakistan in 2001. It is one of the most important international legal instruments aimed at protecting children from the worst forms of child labor, including slavery, forced labor, and trafficking, and promoting their education and development.
The convention recognizes that the worst forms of child labor are a violation of fundamental human rights and that they endanger the physical, mental, and moral development of children. It obligates states parties to take effective measures to eliminate the worst forms of child labor, including the use of children in forced or bonded labor, the recruitment of children for use in armed conflict, and the use of children for commercial sexual exploitation.
The convention also requires states parties to take measures to protect children from other hazardous forms of work that may interfere with their education or harm their health, safety, or moral development.
Occupational Safety and Health Convention, 1981 (No. 155)
The Occupational Safety and Health Convention, 1981 (No. 155) is a crucial global labor convention aimed at improving workplace conditions worldwide. Adopted in 1981 and effective from 1983, this convention mandates governments to develop and implement national policies and programs to enhance occupational safety and health.
Key provisions of ILO Convention No. 155 include the establishment of national systems for occupational safety and health, hazard prevention measures, information and education for workers and employers, and active worker participation in safety matters. The convention emphasizes the importance of preventing occupational accidents and diseases by identifying and addressing potential hazards. Additionally, it encourages the establishment of health surveillance programs to monitor the well-being of workers exposed to specific risks.
Pakistan has not ratified this convention.
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) is a crucial international labor standard established by the International Labour Organization (ILO). It aims to cultivate a preventive safety and health culture in workplaces globally. The convention calls for governments to develop and implement national policies, programs, and systems to promote occupational safety and health. By fostering social dialogue and active participation of employers and workers, the framework encourages collective decision-making to enhance safety practices.
ILO Convention No. 187 emphasizes the significance of risk assessment and prevention. Employers are mandated to conduct comprehensive risk assessments and take necessary preventive measures to create safe working environments for their employees. Furthermore, the convention advocates for the establishment of safety and health management systems within organizations. These systems play a vital role in identifying and addressing workplace hazards systematically and proactively.
The framework also underscores the importance of education and capacity building in occupational safety and health. By promoting awareness and knowledge among employers and workers, the convention aims to instill a culture of safety and prevention. Additionally, special attention is given to supporting small and medium-sized enterprises (SMEs) in implementing safety measures, recognizing the unique challenges they face. By addressing these aspects, ILO Convention No. 187 strives to reduce workplace injuries and illnesses, enhance overall well-being, and improve productivity for workers worldwide.
Pakistan has not ratified this convention.
ILO Supervisory System/Mechanism
International labour standards are backed by a supervisory system that is unique at the international level and that helps to ensure that countries implement the conventions they ratify. The ILO regularly examines the application of standards in member states and points out areas where they could be better applied. If there are any problems in the application of standards, the ILO seeks to assist countries through social dialogue and technical assistance.
The ILO has developed various means of supervising the application of Conventions and Recommendations in law and practice following their adoption by the International Labour Conference and their ratification by States.
There are two kinds of supervisory mechanism:
The regular system of supervision: examination of periodic reports submitted by Member States on the measures they have taken to implement the provisions of the ratified Conventions.
Special procedures: a representations procedure and a complaints procedure of general application, together with a special procedure for freedom of association.
The regular system for supervising the application of standards
The regular system of supervision is based on the examination by two ILO bodies of reports on the application in law and practice sent by member States and on observations in this regard sent by workers’ organizations and employers’ organizations.
The Committee of Experts on the Application of Conventions and Recommendations
Once a country has ratified an ILO Convention, it is required to report regularly on the measures it has taken for its implementation. Every three years, governments have to provide reports detailing the steps they have taken in law and practice to apply any of the eight fundamental and four governance Conventions that they have ratified. For all other Conventions, reports have to be provided every six years, except for Conventions that have been “shelved” (which are no longer supervised on a regular basis). Reports on the application of Conventions may be requested at shorter intervals. Governments are required to submit copies of their reports to employers’ and workers’ organizations. These organizations may comment on the government reports, or send comments directly to the ILO on the application of Conventions.
The Committee of Experts was set up in 1926 to examine the growing number of government reports on ratified Conventions. Today it is composed of 20 eminent jurists appointed by the Governing Body for three-year terms. The experts come from different geographic regions, legal systems and cultures. The role of the Committee of Experts is to provide an impartial and technical evaluation of the application of international labour standards in ILO member States.
When examining the application of international labour standards, the Committee of Experts makes two kinds of comments: observations and direct requests. Observations contain comments on fundamental questions raised by the application of a particular Convention by a State. These observations are published in the annual report of the Committee of Experts. Direct requests relate to more technical questions or requests for further information. They are not published in the report but are communicated directly to the governments concerned.
The annual report of the Committee of Experts consists of three parts. Part I contains the General Report, which includes comments on compliance by member States with their Constitutional obligations. Part II contains observations on the application of international labour standards, while Part III is a General Survey on a specific subject selected by the ILO Governing Body.
The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations
The annual report of the Committee of Experts, usually adopted in December, is submitted to the International Labour Conference the following June, where it is examined by the Conference Committee on the Application of Standards. A standing committee of the Conference, the Conference Committee is made up of government, employer, and worker delegates. It examines the report in a tripartite setting and selects from it a number of observations for discussion. The governments referred to in these comments are invited to respond before the Conference Committee and to provide information on the situation in question. In many cases the Conference Committee draws up conclusions recommending that governments take specific steps to remedy a problem or to invite ILO missions or technical assistance. The discussions and conclusions of the situations examined by the Conference Committee are published in its report. Situations of special concern are highlighted in special paragraphs of its General Report.
Special Procedures
Unlike the regular system of supervision, the three procedures listed below are based on the submission of a representation or a complaint:
Procedure for Representations on the application of ratified Conventions.
The representation procedure is governed by articles 24 and 25 of the ILO Constitution, under which an industrial association of employers or of workers has the right to present to the ILO Governing Body a representation against any member State which, in its view, “has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party”. A three-member tripartite committee of the Governing Body may be set up to examine the representation and the government’s response. The report that the committee submits to the Governing Body sets out the legal and practical aspects of the case, examines the information submitted and concludes with recommendations. Prior to the 2000s, where the government’s response was not considered satisfactory, the Governing Body was entitled to publish the representation and the response. Over recent years, the reports of the tripartite committees have been systematically made available to the public on the ILO website. Moreover, if the government does not take the necessary measures, the Committee of Experts may be requested to follow up the case or, in the most serious instances, the case may lead to a complaint, in which case the Governing Body may decide to establish a Commission of Inquiry. Finally, representations concerning the application of Conventions Nos 87 and 98 are usually referred for examination to the Committee on Freedom of Association, in accordance with the procedure for the examination of representations.
Who can make a representation?
Representations under article 24 of the ILO Constitution may be made by national and international employers’ and workers’ associations. Individuals cannot make representations directly to the ILO, but can pass on relevant information to their workers’ or employers’ organization.
Procedure for Complaints over the application of ratified Conventions.
The complaint procedure is governed by articles 26 to 34 of the ILO Constitution, under which a complaint may be filed against a member State for not complying with a ratified Convention by another member State which has ratified the same Convention, a delegate to the International Labour Conference or the Governing Body of its own motion. Upon receipt of a complaint, the Governing Body may establish a Commission of Inquiry, consisting of three independent members, which is responsible for carrying out a full investigation of the complaint, ascertaining all the facts of the case and making recommendations on measures to be taken to address the problems raised by the complaint. A Commission of Inquiry is the ILO’s highest-level investigative procedure and is generally set up when a member State is accused of committing persistent and serious violations and has repeatedly refused to address them.
When a country refuses to fulfill the recommendations of a Commission of Inquiry, the Governing Body can take action under article 33 of the ILO Constitution. This provision establishes that “[i]n the event of any Member failing to carry out within the time specified the recommendations, if any, contained in the report of the Commission of Inquiry, or in the decision of the International Court of Justice, as the case may be, the Governing Body may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith.”
Special procedure for complaints regarding freedom of association through the Freedom of Association Committee
Soon after the adoption of Conventions No. 87 and No. 98 on freedom of association and collective bargaining, the ILO came to the conclusion that the principle of freedom of association needed a further supervisory procedure to ensure compliance with it in countries that had not ratified the relevant Conventions. As a result, in 1951, the ILO set up the Committee on Freedom of Association (CFA) for the purpose of examining complaints of violations of freedom of association, whether or not the country concerned had ratified the relevant Conventions. Complaints may be brought against a member State by employers’ and workers’ organizations. The CFA is a Governing Body committee, and is composed of an independent chairperson and three representatives each of governments, employers and workers. If it decides to receive the case, it establishes the facts in dialogue with the government concerned. If it finds that there has been a violation of freedom of association standards or principles, it issues a report through the Governing Body and makes recommendations on how the situation could be remedied. Governments are subsequently requested to report on the implementation of its recommendations. In cases where the country has ratified the relevant instruments, legislative aspects of the case may be referred to the Committee of Experts. The CFA may also choose to propose a “direct contacts” mission to the government concerned to address the problem directly with government officials and the social partners through a process of dialogue.
General Surveys
International labor standards are universally accepted instruments endorsed by the international community, embodying shared values and principles regarding work-related matters. While member States have the option to ratify conventions, the ILO finds it essential to monitor global developments regardless of ratification status. According to Article 19 of the ILO Constitution, member States are obligated to regularly report on the measures they have taken to implement specific conventions or recommendations. They must also highlight any barriers that hindered or delayed the ratification of particular conventions.
Annually, the Committee of Experts conducts an extensive General Survey focusing on a subject chosen by the Governing Body, which examines member States’ national laws and practices. These surveys primarily rely on reports provided by member states and information shared by employers’ and workers’ organizations. The purpose is to assess the impact of conventions and recommendations, analyze the challenges acknowledged by governments in applying them, and propose strategies to overcome these hindrances.
Acknowledgement/ Source: ILO Website