Overview of the International Labor Organization

Overview of the International Labor Organization

Introduction

The international labor organization (ILO) entails a social institution that operates on a global scale. In Kenya, the organization plays a critical role as it specializes in improving the overall welfare of people across international boundaries. For example, ILO promotes social justice, peoples’ working conditions, and human rights. Specializing in these operations makes ILO a significant global institution as it enhances the psychological, financial, and health of people. The organization received its 50^th anniversary in 1969 when it received a Nobel Peace Prize.

A Brief History of ILO

ILO has an extended history. The organization came into existence during the 19^th century in Europe, following the grown implications of industrialization. As such, Jerome Blanqui, Robert Owen, and Daniel Legrand, among other delegates from Europe, established labor standards that guided the operations of the international prominence (Hughes & Haworth, 2013). Notably, the ILO was created in 1919 by Part XIII of the Versailles Peace Treaty ending World War I. It grew out of nineteenth-century labor and social movements, which culminated in widespread demands for social justice and higher living standards for the world’s working people. In 1946, after the demise of the League of Nations, the ILO became the first specialized agency associated with the United Nations. The original membership of forty-five countries in 1919 grew to 121 in 1971.

In structure, the ILO is unique among world organizations in that the representatives of the workers and the employers have an equal voice with those of governments in formulating its policies. The annual International Labor Conference, the ILO’s supreme deliberative body, is composed of four representatives from each member country: two government delegates, one worker, and one employer delegate, each of whom may speak and vote independently. Between conferences, the work of the ILO is guided by the Governing Body, comprising twenty-four government, twelve workers, and twelve employer members, plus twelve deputy members from each of these three groups. The International Labor Office in Geneva, Switzerland, is the organization’s secretariat, operational headquarters, research center, and publishing house. Its operations are staffed at headquarters and around the world by more than 3,000 people of some 100 nationalities. Activities are decentralized to regional, area, and branch offices in over forty countries..

The ILO has three major tasks, the first of which is the adoption of international labor standards, called Conventions and Recommendations, for implementation by member states. The Conventions and Recommendations contain guidelines on child labor, protection of women workers, hours of work, rest and holidays with pay, labor inspection, vocational guidance and training, social security protection, workers’ housing, occupational health and safety, conditions of work at sea, and welfare of migrant workers.

They also cover questions of fundamental human rights, among them, freedom of association, collective bargaining, the abolition of forced labor, the elimination of discrimination in employment, and the promotion of full employment. By 1970, 134 Conventions and 142 Recommendations had been adopted by the ILO. Each of them is a stimulus, as well as a model for national legislation and practical application in member countries.

A second primary task, which has steadily expanded for the past two decades, is that of technical cooperation to assist developing nations. More than half of ILO’s resources are devoted to professional cooperation programs, carried out in close association with the United Nations Development Program, and often with other UN specialized agencies. These activities are concentrated in four major areas: development of human resources, through vocational training and management development; employment planning and promotion; the development of social institutions in such fields as labor administration, labor relations, cooperatives, and rural development; conditions of work and life – for example, occupational safety and health, social security, remuneration, hours of work, welfare, etc.

Marking the beginning of its second half-century, the ILO has launched the World Employment Program, designed to help countries provide employment and training opportunities for their swelling populations. The World Employment Program will be the ILO’s main contribution to the United Nations Second Development Decade.

There are some 900 ILO experts of fifty-five different nationalities at work on more than 300 technical cooperation projects in over 100 countries around the world. Third, standard-setting and technical cooperation are bolstered by extensive research, training, education, and publications programs. The ILO is a primary source of publications and documentation on labor and social matters. It has established two specialized educational institutions: the International Institute for Labor Studies in Geneva, and the International Center for Advanced Technical and Vocational Training in Turin, Italy.

How the Formation of Conventions Promoted the Development of ILO

Conventions are treaties that do not bind a country unless ratified by that country. Each member country is bound to present ILO conventions, which have secured a two-thirds majority in the Conference to that country’s appropriate ratifying authority. ILO conventions must be ratified as written and without reservations, but sometimes include flexibility clauses to accommodate different climatic conditions or states of development of particular countries.

Recommendations are non-binding guidelines that are typically issued when state practice varies greatly, when the subject is too technical to be handled by a convention, or when a subject already covered by an agreement needs to be addressed in greater detail. Member countries are obligated to bring recommendations to the attention of their governments.

Together, the body of ILO Conventions and Recommendations, which the ILO considers still in effect, is commonly known as the International Labor Code. Still, the Code and the Organization have an impact far beyond a simple calculation of the number of states which have ratified each Convention. In judging the organization’s influence, it is essential to consider that member states which have not ratified conventions may still alter their law or practice in response to the principles established by the ILO, often as a result of the sophisticated ILO system of monitoring its standards. Furthermore, national courts and legislatures may also rely on the ILO’s articulation of legal principles, especially in the area of collective bargaining and freedom of association, on which the organization has developed a large body of precedent.

A Survey of the Eight Primary Fundamental Conventions

Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) 

As regards Convention No. 87, this General Survey underlines that freedom of association is essential for the pursuit of social justice in the process of globalization four and interlinks closely with all the other fundamental rights at work. However, the General Survey highlights that serious problems persist in a significant number of countries in respect of the application of this Convention, including acts of violence against trade union leaders (murders, death threats, abductions, etc.) in certain countries in Latin America and Asia. Some actions of violence also target employers in certain countries.

Other pressing matters include the negative impact of precarious forms of employment on trade union rights and the denial and restrictions on the right of association of certain categories of workers (public servants, seafarers, workers in export processing zones, domestic workers, etc.). Moreover, in a significant number of countries, the legislation contains restrictions on the categories of persons who may hold trade union office (distinction between nationals and foreigners), restrictions on the free election of trade union leaders, the requirement of an excessive number of workers or employers to establish a trade union or an employers’ organization, refusal to register organizations or the necessity of prior authorization. Further vital issues addressed concern the imposition by the law of a trade union monopoly, dissolution of organizations by the administrative authority as well as restrictions on various aspects of the right to strike.

One of the ILO’s missions is to promote collective bargaining the world over. In this regard, the General Survey explores the problems which arise most frequently in the application of Convention No. 98. These include the slowness of administrative and judicial procedures in cases of anti-union discrimination or interference and the lack of sufficiently dissuasive sanctions, as well as the denial of the right of collective bargaining to public servants. Moreover, in several countries, collective bargaining is subordinated to the government’s economic policy.

Also, some countries exclude certain subjects from collective bargaining, or in some cases, submit it to compulsory arbitration, restrict the right of the parties to determine the level of negotiation, or prohibit collective bargaining for specific categories of workers or by federations and confederations. In a time of crisis, collective bargaining has been particularly jeopardized

Right to Organize and Collective Bargaining Convention, 1949 (No. 98) 

One of the ILO’s missions is to promote collective bargaining the world over. In this regard, the General Survey explores the problems which arise most frequently in the application of Convention No. 98. These include the slowness of administrative and judicial procedures in cases of anti-union discrimination or interference and the lack of sufficiently dissuasive sanctions, as well as the denial of the right of collective bargaining to public servants. Moreover, in several countries, collective bargaining is subordinated to the government’s economic policy.

Besides, some countries exclude certain subjects from collective bargaining, or in some cases, submit it to compulsory arbitration, restrict the right of the parties to determine the level of negotiation, or prohibit collective bargaining for specific categories of workers or by federations and confederations. In time of crisis, collective bargaining has been particularly jeopardized.

Forced Labor Convention, 1930 (No. 29)  

Freedom from forced or compulsory labor is a cornerstone of the decent work concept. Despite the fact that Conventions No. 29 and No. 105 are the most widely ratified of all the ILO instruments. The general survey illustrates that there remain instances of various forms of forced or compulsory labor imposed directly by the State either for production or service the use of conscripts for non-military purposes, powers to call up labor outside emergency circumstances or restrictions on the freedom of workers to terminate employment, in particular in the public service and essential services), or as a punishment; where convicted persons are hired to or placed at the disposal of private parties). Instances of vestiges of slavery and other slavery-like practices still survive in certain countries.

Abolition of Forced Labor Convention, 1957 (No. 105) 

There are cases of the entrapment of people through various forms of debt bondage and trafficking in persons for sexual and labor exploitation, as well as instances where freedom of expression remains subject to restrictions enforced by sanctions involving compulsory labor. Finally, the increasing trend of trafficking in persons for sexual and labor exploitation stands out as the most urgent problem of the twenty-first century in this domain.

Minimum Age Convention, 1973 (No. 138) 

The Convention is critical as it defines the minimum age of workers. The standards, as described in number 138 of the Convention, held that there are specific ages that require being involved in employment. The standard has been useful as it has helped ILO to mitigate cases of child abuse. Also, it monitors the operations of international organizations using minors as cheap labor.

Worst Forms of Child Labor Convention, 1999 (No. 182) 

The Convention, in regards to nu. 182, establishes frameworks that guide the concept of child labor. Notably, child labor was prevalent in Europe during the industrialization period. Company owners forced minors to work in their organization, causing injuries and considerable deaths. However, the establishment of ILO mitigated such cases as the organization implemented policies that discouraged child labor.

Equal Remuneration Convention, 1951 (No. 100) 

As regards Conventions No. 100 and No. 111, equality and non-discrimination in employment and occupation is a fundamental principle and human right to which all women and men are entitled, in all countries and all societies. It impacts on the enjoyment of all other rights. Unfortunately, acute violations of these Conventions continue in addition to the subtle, chronic problems that underlie discrimination and unequal pay. The General Survey highlights that pay differentials remain one of the most persistent forms of inequality, and that globally, the gender pay gap is six approximately 23 percent. While substantial progress has made been in many countries to adopt comprehensive gender equality policies and action plans, translating such policies and procedures into substantive equality in employment and occupation is often lacking.

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) 

The General Survey describes the persistence of restrictions on the jobs women can do, either in law or in practice, which is based on stereotyped assumptions. Moreover, far fewer countries have adopted proactive and comprehensive measures aimed at combating discrimination and promoting substantive equality in respect of other grounds of discrimination, including race, color, and national extraction. Such rules are essential given the persistent and sometimes increasing discrimination against specific groups, including ethnic and religious minorities, indigenous and tribal peoples, the Roma, and people of African descent.

Examples of ILO Cases for Kenya

1. Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 others [2014] eKLR. The case entailed a case filed in 2014 in the Court of Appeal by Kenya Airways Limited. The appellant-accused aviation and allied workers union, the respondent for breaking ILO regulations. The appellant argued that the respondent restructured and retrenched 447 employees without justification (Kenya Law, 2020). Since the practice was a violation of ILO conditions, the court ruled that the organization compensate the 447 employees in an amount equivalent to a contract of 6 months for the unfair termination of their job.
2. Kenya Private University Workers Union v Aljamea Tus Saifiyah Campus Nairobi [2019] eKLR. The case was filed by Kenya Private University Union, the claimant to the court of Kenya, accusing the respondent, Aljamea Tus Saifiyah Campus Nairobi, for violating employment terms without notice (Kenya Law, 2020). The applicant filed the case against the respondent for victimizing, harassing, deducting payments, and abusing workers. The applicant required the court to authors the respondent to allow entry into his premises to investigate the due charges.
3. Noor Mohamed v Red Court Hotel Limited t/a Boma Hotels [2020] eKLR

The case involves Noor Mohamed, the claimant, and Boma Hotels, the respondent. The case is related to ILO, as the claimant claims that the respondent terminated his employment without informing him of the reason for the action (Kenya Law, 2020). The court concluded that the respondent should pay the claimant for terminating the contract and cater for all costs involved in the case.

ILO’s Missions

The organization’s goal is “bringing decent work and livelihoods, job-related security and better living standards to the people of both poor and rich countries.” From its inception, the ILO has recognized social justice as a prerequisite to world peace. After the Second World War, its aims and purposes were reasserted and strengthened in The Declaration of Philadelphia, adopted on May 19, 1949, which states that;-

1. Labor is not a commodity.
2. Freedom of expression and association are essential to sustained progress.
3. Poverty anywhere constitutes a danger to prosperity.
4. All human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity of economic security and equal opportunity.

The Role of ILO in Influencing the Kenyan Constitution and Law

Kenya has been a member of the ILO since 1965. The ILO is devoted to promoting social justice and internationally recognized human and labor rights, through a decent work agenda. Through its projects, ILO Kenya has unlocked the green jobs creation potential of Kenya’s building construction industry by enhancing the competitiveness of Micro, Small and Medium Enterprises as well as exploring the effects of Labor and Labor related laws on small and medium enterprises thus creating a more enabling environment in the medium and small enterprises. ILO has also improved policy and legal frameworks in place to protect the rights of HIV affected male and female workers and their families. One such example is “How Kenya’s construction industry boosts green jobs and housing.”

How Kenya’s Construction Industry Boosts Green Jobs and Housing

In partnership with the UK Department for International Development (DFID), UN environment, UNHABITAT, and the County Governments in the Maasai pastoralist communities of Narok and Kajiado, the ILO developed a prototype eco-friendly manyatta house for 15 months. Unlike the traditional wooden Maasai manyatta, it is built using locally available resources and materials, powered by solar and biogas technology and with the ability to harvest and store rainwater. The more stable house, which is constructed from bricks and sand and comes equipped with an eco-friendly toilet, is designed to promote the conservation of forests and improve the quality of life among communities that herd livestock.

The ILO Task Force of 2003

The ILO task-force of 2003 was critical as it triggered the review of the existing labor laws. Before 2003, the chances of youth employment among the youths were minimal. There lacked a well-established framework that guided youth employment (Tumuti, Mule, Gecaga, & Manguriu, 2013). Henceforth, most teenagers faced biases in the workplace. They were sacked without notice, harassed, and paid low wages. However, in 2003, the state secretaries for education, employment, culture and science, and social affairs developed the youth unemployment task force that helped increase job opportunities for the teens. The task force influenced the review of the existing labor laws. It supported the creation of laws that promoted your employment as it aided research on how to help youths.

Conclusion

ILO is a significant institution as it safeguards the rights of workers. Primarily, the institution provides frameworks that guide the operations of employers; therefore, it ensures that workers receive better working terms. Since its establishment in the 19^th century, the organization has helped improve the living standards of people. In Kenya, the organization’s policies have helped uncover incidences of employment violation cases. As such, it promotes equality in the place of work as it ensures that employers respect workers irrespective of their gender, culture, or race. As such, it has enhanced the creation of safe working conditions in Kenya.

References

Tumuti, D., Mule, L. W., Gecaga, M., & Manguriu, D. G. (2013). Enhancing graduate employability through community engagement: A case study of students’ community service at Kenyatta University. Journal of Administrative Sciences and Policy Studies, 1(1), 1-14.

Kenya Law. (2020). Civil Appeal 46 of 2013 – Kenya Law. Retrieved from https://kenyalaw.org/caselaw/cases/view/101491/

Kenya Law. (2020). Cause 668 of 2019 – Kenya Law. Retrieved from https://kenyalaw.org/caselaw/cases/view/186700/

Kenya Law. (2020). Cause 1585 of 2017 – Kenya Law. Retrieved from https://kenyalaw.org/caselaw/cases/view/190117/

Hughes, S., & Haworth, N. (2013). International Labor Organization (ILO): Coming in from the Cold. London, England: Routledge.