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Message from : Page No. âPresident of India : 1 âVice President of India : 2 âPrime Minister of India : 3 âDeputy Chairman, Planning Commission, Government of India : 4 âUnion Minister of Labour & Employment, Government of India : 5 âUnion Minister of State for Labour & Employment : 6 Government of India âDirector General, International Labour Organisation : 7 âSecretary, Labour & Employment, Government of India : 8 âRegional Director, International Labour Organisation, Bangkok : 9 âDirector, Sub-regional Office, ILO, New Delhi : 10 âJoint Message from Central Trade Union Organizations. : 11 âJoint Message from Central Organization of Employers. : 13
ILO in India : 14 Indian Contributions to the work of ILO : 17 International Labour Conference : 18 Governing Body : 21 Indian Experts on ILO Committees : 22 The International Labour Office : 23 International Labour Conventions and application of Standards : 24 Technical Assistance and Training : 25 The Impact of major ILO debates and initiatives on India : 25 Nine decades of ILO and India - An article by Shri N.M.Adyanthaya, Member (Workers), Governing Body of ILO : 28 ILO - Challenges Ahead - An Article by Shri Y.K.Modi, Member (Employers), Governing Body of ILO : 31 Looking ahead : 36 Annexure-I : International Labour Organisation Conventions Ratified by India : 37 Annexure-II : Select Landmark Events in ILO History : 39 PREFACE
India has been with the ILO since the very inception of the Organisation in 1919 and the aims and objects of the organisation, the standards set by it, its technical cooperation programmes and, above all, its tripartite mechanism of dealing with labour matters have influenced many developments in this country. There is a striking similarity between the aims stated in the Preamble to the Indian Constitution - "Justice, liberty, equality, fraternity" - and the goals of the International Labour Organisation. The Directive Principles embodied in the Indian Constitution also reflect many of the cherished principles of the International Labour Organisation.
Most of the basic provisions of the ILO Conventions and Recommendations have found acceptance in Indian law and practice. There is a tripartite Committee on Conventions in India to carry out a continuous review of the position relating to the implementation of international labour standards and to ensure that they are followed to the maximum extent possible considering the circumstances prevailing in the country. The standards set by the ILO have influenced several legislative enactments in India.
While ILO has exercised its influence on the course of events in India, it has itself not remained unaffected by India's influence. The voice of India at the ILO has often been a powerful one. It was largely due to the efforts of the developing countries including India that there has been a growing shift of emphasis in the work of the Organisation from standard - setting to provision of technical assistance. The establishment of the Asian Regional Conference and the Asian Advisory Committee can also be traced to the persistent efforts made by India and the other countries of the region. The programme of decentralisation of the structure of the Organisation is also a response to the constant efforts made by India and other developing countries.
India and ILO have a very strong and flourishing partnership which keeps growing. On the occasion of 90th Anniversary of ILO, we have jointly brought out this compilation to cherish memories of our long association for a very noble social cause.
New Delhi S.K.Srivastava Date: Feb, 2010 Additional Secretary to the Government of India 1 2 3 4 5 6 International Labour Office
7 8 Here in this vast region of Asia and the Pacific, as we celebrate our 90 years of advocacy on behalf of the world of work, India continues to demonstrate its leadership within the International Labour Organization.
As one of the founding members of the ILO, the voice of India has always been a commanding one. From the floor of the International Labour Conference to the sessions of the Governing Body, the Constituents from India have been united and resolute in their demands for social justice throughout the world.
Indeed, the ILO's first Asian Field Office was based at Bangalore.
Throughout the decades India's respect for tripartism and our tripartite traditions has become both well-established and well-recognized. The Government of India and the Social Partners continue to endorse common approaches towards complex social issues.
In more recent years, India has shown its resilience in the face of the global economic slowdown, and is now predicting a return to robust annual economic growth of nine per cent.
Progress towards the global Decent Work agenda is best seen at country levels through the implementation of Decent Work Country Programmes (DWCP). In India, the ILO/tripartite partners have aligned their DWCP to India's 11th Five–Year Plan. The DWCP for India is a contribution to that broader work, ultimately leading to India's vision of faster and more inclusive growth, with decent work and conditions for all Indians.
On behalf of the Regional Office for Asia and the Pacific, I would like to compliment you on the publication of your commemorative works to mark the ILO's 90th Anniversary.
Sachiko Yamamoto Regional Director
ILO Regional Office for Asia and the Pacific Tel. +66 2 288 1234 United Nations Building, 11th Floor, Fax. +66 2 288 3062 Rajdamnern Nok Avenue, E-mail: [email protected] Bangkok 10200, Thailand www.ilo.org/asia
9 ILO Subregional Office for South Asia Tel. +91 11 2460 2101-02-03, 2460 2105 Core 4B, 3rd Floor, Fax. +91 11 2460 2111, 2464 7973 India Habitat Center, Lodhi Road, E-mail: [email protected] New Delhi 110 003, India www.ilo.org/India
10 JOINT MESSAGE FROM CENTRAL TRADE UNION ORGANISATIONS
The Ninetieth Anniversary of the foundations of ILO is a matter of great rejoices for the working people all over the world. The ILO which has given birth to international tripartite machinery in 1919 has played an important role in evolving models for labour legislations in all the continents.
The meetings of the representatives of the Governments, workers and employers who meet every year in an international conference have worked out several conventions and recommendations which have become guidelines for all the countries to enact national laws to improve the working and living conditions of the workers.
This year also marks the 60th Anniversary of the historic ILO convention on Freedom of Association and Right of Collective Bargaining which has become magna carta for the trade union movement all over the world.
Contributions made by the ILO in ensuring implementation of ILO conventions by monitoring their violations by various countries deserve to be remembered on the occasion of this important anniversary. Yet there is much to be desired in the matters of ratification and implementation by different countries. ILO and all the partners shall have to work together to improve the situation.
The famous Philadelphia Declaration which characterized "Poverty anywhere is a threat to Prosperity Everywhere" is guiding the ILO activities all over the world.
The trade union movement in India solemnly declares on this occasion to strive their best to strengthen genuine tripartism in India. We firmly believe that a united trade union movement can alone contribute in developments of meaningful tripartism.
We also would like to declare our sound commitments that India should accept all the core conventions of the ILO in a time bound manner which will only enhance the traditions of the ILO in India.
We firmly discourage all attempts to reduce the role of the ILO in international affairs. We wish to do everything to strengthen the role of the ILO as international standard setting organization in labour related matters.
In recent times the world economy has plunged into a deep crisis resulting in widespread job loss, wage depression and lack of social security. The trade unions and workers hope that the ILO will take up a pro-active role to protect the jobs and earnings of the workers on top priority in the interest of peace and early recovery from the economic crisis.
11 We earnestly hope that as founding member of the ILO should play an important role in strengthening the role of the ILO to insure economic growth with social justice.
On behalf of the central trade unions in India we sincerely wish all success to the observance of 90th Anniversary of the ILO in a befitting manner.
BMS INTUC AITUC HMS R.V. Subba Rao G.
CITU AIUTUC TUCC AICCTU
LPF UTUC
12 JOINT MESSAGE FROM CENTRAL ORGANSATION OF EMPLOYERS
It is heartening that the International Labour Organisation (ILO) has completed 90 years of its inception. ILO charter is a harbinger of new era in forging tripartite relationship among the social partners, promoting economic prosperity and social cohesion.
Over the years, ILO through its instruments and technical co-operation programmes has emerged as a champion of civil liberties. The Forced Labour Convention, Child Labour Convention, Equal Remuneration and Equality at the Workplace Convention are the most pronounced ones. These conventions have contributed to socio-economic development particularly, among the under-developed and developing countries. Fundamental declaration at the Workplace and Decent work are the most imaginative and innovation tools to achieve social progress.
With globalisation of world economy ILO is facing now set of challenges. The work place problems, like restructuring and redundancies are likely to strain social cohesion. We are confident ILO's time tested mechanism and credibility will find viable solution to these problems. Issues like promoting entrepreneurship and skill development should retool ILO agenda to address these issues.
India, being the original signatory to the ILO Charter, has strong partnership and special bondages with ILO. Indian Employers have contributed to the growth and development of ILO during its formative years. A particular mention may be made of Late Naval Tata, who served ILO Governing Body for more than three decades.
We wish ILO a successful journey through future years.
(B.Santhanam) (Arup Roy Choudhary) (Ashok Kajaria) (Amit Kr. Sen) President-EFI Chairman - SCOPE President - AIOE President - AIMO
(D.S. Rawat) (Er. Vinod Kumar Jain) (C. Banerjee) Secretary General National President Director General, CII ASSOCHAM Laghu Udyog Bharati
13 ILO in India
International Labour Organization was established in 1919, after the First World War, following the Treaty of Versailles. India, not yet an independent country, was one of the founding members of the ILO and has been a permanent member of the ILO Governing Body since 1922. One of the earliest branch offices of the ILO was set up in Delhi in November 1928. This branch office eventually became an area office, covering a wider range of activities and issues, on 1st April, 1970. In the year 2003, it became a Sub- Regional Office.
Staff of ILO Branch Office at Delhi in 1937 with the then ILO Director, Mr Harold Butler and Mrs Butler In the ILO, employers' and workers' representatives have an equal voice with those of governments in shaping the policies and programmes, resulting in meaningful cooperation amongst the social partners. On the model of the International Labour Conference, India set up a tripartite body, the Indian Labour Conference in 1942 (then called - Tripartite National Labour Conference). It has since set up other tripartite bodies like the Standing Labour Committee, and a number of industry - specific Tripartite Industrial Committees.
14 Pandit Jawaharlal Nehru, Prime Minister of India and Mr. David Morse, Director General of ILO on their way to address the Asian Regional Conference held at Delhi in November 1957.
Strategic Objectives One of the main functions of the ILO is the adoption of international labour standards in the form of international labour conventions and recommendations. Since the early 1950s, this has been accompanied by programmes of technical cooperation for development.
Under the global strategy adopted by the ILO, advisory services and operational activities in India are centred on four strategic objectives:
• To promote and realize fundamental principles and rights at work • To create greater opportunities for women and men to secure decent employment and income
15 • To enhance the coverage and effectiveness of social protection for all • To strengthen tripartism and social dialogue
In the final analysis it is the human being that counts - that individual whom you wish to grow in freedom and creative spirit and at the same time in material prosperity. Pandit Jawaharlal Nehru, Prime Minister of India, addressing the Fourth Asian Regional Conference of the ILO in New Delhi on 13 November, 1957.
The ILO and India share a deep concern for the problems of social justice, and for ensuring humane conditions of work, the right to work, equality of treatment, a living wage, social security and the like, within the framework of human rights and freedom of association. Even as India has significantly contributed to the achievement of objectives of ILO, the ILO too has made its indelible impression on the Indian Constitution and legislation. India and the ILO believe in the promotion of human dignity, social justice, equality of opportunity, freedom of association, and the avoidance of discrimination.
16 Mr. Juan Somavia, Director General, ILO with Dr. Manmohan Singh, the Prime Minister of India during his visit to India in 2004
Mr. Juan Somavia, Director General, ILO in discussion with Shri P. Chidambaram, then Finance Minister, Government of India in 2004 at New Delhi
Indian Contributions to the Work of the ILO One of the 24 states to attend, India had sent a full delegation to the first session of the International Labour Conference held at Washington in 1919. The Indian delegation comprised of Sir Atul Chatterjee and Sir Louis Kershaw (government); Sir Alexander Murray (employers) and Shri N.M Joshi (workers). India's membership of the League of Nations and the ILO were widely viewed in India as a step towards national sovereignty. India has been one of the largest contributors of financial resources to the ILO even before Independence.
17 The work of the ILO centres around the International Labour Conference held annually; the work of the Governing Body, which meets thrice a year, and the work of the permanent secretariat, comprising officials drawn from many countries. The work of the Conference and the Governing Body is supplemented by regional conferences, and a whole host of committees and meetings.
International Labour Conference
Except during the Second World War, the International Labour Conference has met at least once a year. The Conference, assisted by the Governing Body, adopts the biennial programme and budget, adopts International Labour Standards in the form of Conventions and Recommendations and provides a forum for discussing social, economic and labour related issues. India has regularly and actively participated in the Conference.
There have been four Indian Conference Presidents so far viz., Sir. Atul Chatterjee (1927), Shri Jagjivan Ram, Minister for Labour (1950), Dr. Nagendra Singh, President, International Court of Justice (1970) and Shri Ravindra Varma, Minister of Labour and Parliamentary Affairs (1979). There have also been eight Indian Conference Vice Presidents, two from the Government group, three from the Employers' and three from the Workers' Group. Indians have chaired important Committees of the Conferences like Committee on Application of Standards, Selection Committee and Resolutions Committee.
18 President V.V Giri addressing the 54th Session of the ILC in 1970
Mr. Francis Blanchard, Secretary-General of the International Labour Conference welcoming Prime Minister Rajiv Gandhi who was invited to address the Conference in 1984
19 International Labour Conference, 10th Session, Shri Jagjivan Ram, President, International Labour Geneva, 25th May to 16 June, 1932, Sir Atul C. Conference addressing the 33rd Sessions at Chatterjee, President of the Conference. He was Geneva, 1950 President of ILC from 1932-33.
International Labour Conference, 55th Session, International Labour Conference, 65th Session, Maritime, Geneva, 14th October to 30th October, Geneva, 6th June to 27th June, 1979, Shri Ravindra 1970, Shri Nagendra Singh, President of the Varma, President of the Conference Conference
20 GOVERNING BODY
The Governing Body of the ILO is the executive wing of the Organization. It is also tripartite in character. Since 1922 India has been holding a non-elective seat on the Governing Body as one of the 10 countries of chief industrial importance. Indian employers and workers' representatives have been elected as Members of the Governing Body from time to time. Four Indians have so far been elected Chairman of the Governing Body. They are Sir Atul Chatterjee (1932-33), Shri Shamal Dharee Lall, Secretary, Ministry of Labour (1948-49), Shri S.T. Merani, Joint Secretary, Ministry of Labour (1961-62) and Shri B.G. Deshmukh, Secretary, Ministry of Labour (1984-85).
Shamal Dharee Lall Shambhu T. Merani B.G. Deshmukh 1948-1950 1961-1962 1984-1985
The Governing Body of ILO functions through its various Committees. India is a member of all six committees of the Governing Body viz. (i) Programme, Finance & Administrative (PFA); (ii) Committee on Multinational Enterprises (MNE); (iii) Legal Issues and International Labour Standards (LILS); (iv) Employment & Social Policy (ESP); (v) Technical Cooperation and (vi) Sectoral and Technical Meetings and Related issues.
21 Indian Experts on ILO Committees
Several prominent Indians have served on the ILO Committee of Experts on Application of Conventions and Recommendations, which is an independent body to oversee the implementation of the ILO Conventions by Member countries. The Members of the Committee of Experts are appointed in their individual capacity from among persons of independent standing and are drawn from all parts of the World. Indians who have been members of the Committee include: 1. Justice P.N. Bhagwati, former Chief Justice of India - since 1978 2. Justice P.V. Gajendragadkar - 1972-1977 3. Shri A. Ramaswami Mudaliar - 1959-1970 4. Shri R.M. Banerjee - 1956-1988 5. Shri Atul Chatterjee - 1936-1938 & 1945-1955 Indians have also been prominent amongst the technical specialists and experts on other committees, working groups and in the field of technical cooperation. They include famous economists like Professors Radhakamal Mukherjee, Amartya Sen and K N Raj.
India can be justly proud of its many contributions to the ILO over the last 90 years. Eminent leaders of India, captains of industry, leaders of working class movement, jurists and outstanding civil servants have made lasting contributions to the ILO through its various bodies - the International Labour Conference, the Governing Body, Specialised Committees and Committees of Experts.
The following members from India are presently the member of the ILO Governing Body
• Shri P.C.Chaturvedi, Secretary to the Government of India, Ministry of Labour and Employment • Shri. N. M. Adyanthaya, Vice President, INTUC, Member (Workers) • Shri. Yogendra K. Modi, President, FICCI, Member (Employers)
22 International Labour Conference, 35th International Labour Conference, 39th International Labour Conference, 46th Session, Geneva, 4 June-28 June 1952, Session, Geneva, 6 June-28 June 1956, Session, Geneva, 6 June-28 June 1962, Mr. Vyankatesh V. Dravid, Vice-President Mr. Naval H. Tata, Director, Tata Industries Mr. G.D Ambekar, Vice-President (Government Delegate) Ltd., Bombay; Member of the ILO (Workers' Delegate) Governing Body and Vice-President of the Employers' Delegate, speaking at a Plenary Session of the Conference
The International Labour Office
The International Labour Office, Geneva provides the Secretariat for all Conferences and other meetings and is responsible for the implementation of decisions taken by the Conference and the Governing Body. Several Indians have held positions of importance in the International Labour Office. Special mention must be made of Shri K Kuriyan, the first Indian appointee at headquarters in 1924; Dr P.P Pillai, the first Director of the New Delhi Office; Dr Rajani Kanta Das, a reputed labour economist and senior official at headquarters; Shri Raghunath Rao, the first
Indian Assistant Director General; Shri S K Jain, the first Dr Rajani Kanta Das Indian Deputy Director General; Shri P Gopinath, formerly Counsellor to the Director General, and Shri Aamir Ali, former Chef de Cabinet.
23 International Labour Conventions and application of standards
The approach of India with regard to International Labour Standards has always been positive. The ILO instruments have provided guidelines and a useful framework for the evolution of legislative and administrative measures for the protection and advancement of the interest of labour. India has so far ratified 42 Conventions and one protocol of the ILO, which compares well with the position obtaining in many other countries.
A list of Conventions ratified by India is given in Annex II.
Mr. Juan Somavia, Director General, ILO in India in 2004
Mr. Juan Somavia, Director General of ILO addressing a workshop at Delhi, India
24 Technical Assistance and Training
A landmark technical assistance agreement was signed between India and ILO on August 23, 1951. This led to a large and varied programme which developed over the years, covering such areas as employment, occupational safety and health, improvement of working conditions, expansion and improvement of training facilities, management consultancy development, small enterprises programmes for women and the urban poor, family welfare programmes, vocational training, workers' education, prevention and elimination of child labour, and promotion of decent work.
When the ILO started its technical cooperation programme in the management development field, its first project was in India. Major institutions like the National Productivity Council and the National Institute for Training in Industrial Engineering (NITIE) emerged out of these activities.
The ILO, having played a major role in the creation and growth of training institutions in India, avails today of the facilities available in a number of institutions in India including the V V Giri National Labour Institute, the Central Labour Institute (Mumbai), the Regional Labour Institutes (Kolkata, Kanpur, Chennai and Faridabad), the Vocational Training Institutes under the Directorate General of Employment and Training, the Indian Institutes of Management and Indian Institutes of Technology.
The impact of major ILO debates and initiatives on India
This last quarter of the century has been very eventful for the ILO in terms of initiatives and debates. These include the World Employment Programme, the new International Economic Order and the international development, strategy for the eighties. The International Women's Year (1975), the International Year of the Child (1979) and the International Year of the Disabled (1981) became the context for special deliberations in the ILO for securing equality of treatment and higher employment, opportunities for women, prohibition of child labour in hazardous occupations and rehabilitation of the handicapped in the world of work.
These events had very positive impacts in India in terms of legislative and development initiatives. The Equal Remuneration Act was enacted in 1976. National and Regional
25 Vocational Training Institutes for Women came to be established in 1977. A Statutory National Commission of Women was set up in 1992. A National Committee on Child Labour recommended comprehensive measures for tackling the problem of Child Labour in 1979. The Child Labour (Prohibition & Regulation) Act was enacted in 1986. A network of vocational rehabilitation centres for the disabled set up in different parts of India were strengthened.
The National Commission for Protection of Child Rights (NCPCR) has been set up in March 2007 as a statutory body under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), an Act of Parliament (December 2005). It has been set up to protect, promote and defend child rights in the country. The Commission, while enquiring into any matter, has all powers of the Civil Court trying a suit under the Code of Civil Procedures, 1908).
Mr. Juan Somavia, Director General of ILO with Indian Social Partners, 2004
With the growth in the scale and range of ILO activities in the region and the individual countries, the trend has been to locate specialized teams in the region and sub-regions. India hosts one such multi-disciplinary team, which helps to identify special areas of concern and provides technical advisory services to member States of the South Asian region to translate ILO's core mandate into action.
26 COMMEMORATING 75TH ANNIVERSARY OF ILO (1994)
Dr. Manmohan Singh, then Finance Minister, presenting C O M M E M O R AT I V E C O I N S R e l e a s e d i n the Commemorative coins to Mr. Haribhau J. Naik, Commemoration of 75th Anniversary of ILO and 50th Worker Member on the ILO Governing Body, 1994 Anniversary of the Declaration of Philadelphia in 1994 at New Delhi.
On the 75th anniversary of the ILO in 1994, Dr. Dr. Shankar Dayal Sharma, then President of India Manmohan Singh, then Finance Minister, presenting releasing a Special Postage Stamp and first day cover. commemorative coins to Mr. I.P Anand, Deputy Also seen in the picture are Shri P.A. Sangma, then Employer Member on the ILO Governing Body Labour & Employment Minister and Shri Sukh Ram, then Minister for Communications.
Book on India in ILO in two volumes published by V V Giri National Labour Institute, NOIDA in the year 1994 and 1995
27 Nine Decades of the ILO and India By N M ADYANTHAYA, Member, ILO Governing Body and National Vice President of INTUC
We have reason to celebrate this occasion since nine decades of the ILO also mean ninety years of India-ILO bondage, with India playing a proactive role in guiding ILO policies and constructively channelizing ILO energy through its tripartite structure to address the challenges that evolved in India's political-economic landscape over the years.
The ILO is the only member of the multilateral system that is based on tripartism and social dialogue and India enjoys the distinction of being one of its founder members in 1919 and a permanent member of the Governing Body of the ILO since 1922.
India has so far ratified 42 Conventions and 1 protocol of the ILO. We are aware that India is following a sequential approach and Government has taken various pro-active measures to eliminate the menace of child labour. Sarva Shiksha Abhiyan has been able to provide access to children to elementary schools and retention has increased on account of the universal mid-day meal programme. We look forward to the enactment of the Right to Free and Compulsory Education Bill which is now under consideration of Parliament. I hope in the near future, India will ratify Convention No.138 and 182 on Child Labour.
In addition to participating in the international events organised/sponsored by the ILO, workers in India, through their representatives have engaged themselves in evolving the functionalities of the ILO sub-regional office in Delhi. The workers have taken the ILO along with them to work in India's immense informal economy for promoting standards and norms of Decent Work in it.
With the advent of globalisation, the workers in India have contributed to the ILO's agenda on the Social Dimension of Globalisation. It is almost a decade now that the Indian workers are working with the ILO to spread the awareness of Decent Work all over and implementing its components through the ILO work plans. While working in the informal economy, Indian trade unions have always upheld the motto of transiting workers from informal to a formal economy - a basic pre-requisite for Decent Work to become a reality.
28 The ILO constituents in India have shaped policies. Sustained advocacy by the constituents have led to social security bills for the unorganised sector, National Rural Employment Guarantee Act and skill development mission at the national level. Cross cutting in all these endeavours are concerns about generation of freely chosen productive employment, gender balance and withdrawal child labour from unsafe work for imparting skills and education among them.
A very special focus has been laid on youth employment and the ILO has been in the forefront of the Youth Employment Network (YEN).
Workers have been active in several cluster up-gradation programmes and enterprise development with Decent Work components embedded in the value chain.
Workers share disproportionately higher burden of industrial pollution and environmental disaster. Those who live at the brink of the society bear the burden of negative externality of environmentally degradable acts performed by others. Green jobs and enterprises are sustainable and therefore provide more stable and secure employment and income. These and other similar concerns have led workers to be active in the ILO agenda on green jobs and sustainable development issues.
Social partners have been vocal and supportive of the ILO initiative on policy coherence both at the national level and within the multilateral system. There has been persistent advocacy by the ILO to ensure that each agency in the multilateral system incorporates the goals of Decent Work in their programme of action and assess the Decent Work implications in what they are doing. Policy coherence has become an important agenda of the ILO actions since coherence along can ensure that acts of different ministries of national governments or of different agencies within the multilateral system do not work at cross purposes.
Globalisation has precipitated worst form of financial crisis in human history, known in the current coinages as 'financial meltdown' or 'global meltdown'. The constituents have immediately responded to the crisis by working with the ILO to initiate a rapid assessment of the impact of the meltdown on the labour market and came out with a series of recommendations for actions. As each day passes, the employment situation in the corporate world is being monitored and social dialogue is emerging as an important
29 instrument of intermediation for companies to formulate strategies to respond to the challenges.
The emergence of global meltdown and the way the crisis is being tackled all over the world, especially in the developed world through bail out packages, have very special implications for the winners and the losers in the process and leaves much room for debate in the context of the social dimension of globalisation. The measures that have been taken so far in different countries to arrest the downslide have been designed to bail out the guilty through social safety net rather than the 'victims' who have seen the value of their pension fund sinking day by day and the margin of social protection getting severely eroded. The stimulus package is in no way seeking to rebuild safety nets for those who have been the victim of the crisis without having contributed any way to it. The whole world today is witnessing how an unjust solution is being worked out to address a problem that has been created in an unjust way - an issue for the ILO to debate, ponder and recommend solutions from the perspectives of social security and social protection.
Over the nine decades lots of changes have occurred in the ways the ILO along with its constituents have charted their course of action and they now function in a much wider context and have become much more broad based compared to the time when Fordism and Tailorism were the dominant philosophies. The world of work has brought new compulsions and novel challenges; the ILO and its constituents have innovatively adapted to the changing circumstances. Yet every day brings new challenges and still far more remains to be done. *****
30 ILO - Challenges Ahead by Mr.Y K Modi, Member - ILO Governing Body
ILO charter put an epitaph on the ruins of the First World War and India was among the first few countries to sign ILO Charter in 1919. A continuous engagement since then enabled the country to take a number of measures to improve the lot of working class through tripartite decisions. The process of tripartism - borrowed from the ILO Charter has matured over the years, and a smooth transition of Indian economy in the nineties is partly attributed to it.
The principal function of ILO, in the quest for social justice, has been to safeguard the rights and promote the well being of the working people all over the world and promotion of values like freedom, individual dignity and liberty are integral part of it. The Fundamental Rights and Directive Principles of State Policy enshrined in Indian Constitution, not only uphold these values, but also guarantee securing these rights, pitching a ground for ILO objectives to succeed in India. The Philadelphia declaration - 'Labour is not a commodity' and 'Poverty anywhere is a threat to prosperity everywhere' found its echo in the first five year plan in 1951, where labour was given important place in the overall industrial development of the country.
The two world wars, economic recession of 1930's and threat of ideological polarization of the world posed serious challenges to ILO's journey till 1950's. The focus of ILO was, therefore, confined to securing basic minimum rights to the working class, through tripartite mechanism. A number of important ILO conventions, focusing on worker's rights were adopted during this period. The important among them were convention on for Regulating Working Hours, Night Work for Women and Young Persons, Minimum Age to Work, Minimum Wage Fixation Machinery, Forced Labour, etc.
A stabilization phase arrived after 50's and continued till late 80's when ILO started dealing with the issues arising out of the sectoral problems, gender issues welfare and other equitable rights. A number of prominent conventions adopted during this period were: Social security (minimum standards), Dock workers convention, rural workers convention, Nursing Personnel Convention, Sea-fearers Welfare convention, etc.
The onset of 1990's and fresh challenges to ILO's mandate from globalization has put ILO once again on a defensive. The declaration of 1998, decent work agenda of 1999's and
31 more lately, ILO declaration for social justice and fair globalization adopted in the 97th session of ILO, occupied prime space in the weaponry of ILO to address the challenges of globalization. The 'Global Jobs Pact' adopted as a portfolio of options to address the existing employment crisis following global economic recession, is yet another reactive measure ILO has taken at the 98th session of the ILC, just concluded. ILO has thus attempted to address the contemporary challenges through adopting instruments in a reactive manner. Yet, creating consensus among countries with diverse background different levels of socio-economic development and ideological barrier across the globe, was a difficult task, Mr. Somavia's adroitness, strategy and wisdom is duly credited for this remarkable success.
Yet in times to come, a proactive stand of ILO on, inter-alia, balancing economic and social policies on one hand and priorities and problems of the developing and developed countries, on the other, would be a challenge as well as a legitimate expectation of its members. As we march through future, these voices will sharpen.
The supervisory function of ILO, assumes significance, in the face of violation of labour rights or non-compliance of the ratified conventions by members countries, which at times encroaches upon human rights and civil liberties of individuals. Requiring sovereign countries to explain the complaints before a global body has served very useful political purposes, particularly, in countries with autocratic Govt. insurgencies and ideological divide. Though values like democracy, freedom and dignity of human beings have always received strength from the process, the technicality of the issues and enormity of the problem, at times, complicates the task. This needs a more careful examination of cases, distinguishing between a mere technical violation and the process, intent and objectives of the member country, in questions.
The technical support programmes of ILO have carried forward its objectives, benefitting the member countries in addressing some of the core issues. The impact has varied according to the size of the country and the resources allocated. Therefore, consistency of interventions and resources according to the size of the country, as more often the problem follows the size, would be necessary to yield visible results.
OSH
Promotion of safe and healthy working conditions tops the work place agenda. The three Central ILO instruments in this area: The Occupational Safety and Health Convention,
32 1981 (No.155), The Occupational Safety and Health Recommendation, 1981 (No. 164), and The Protocol of 2002 (No.155) provide a blueprint for setting up and implementing comprehensive National Occupational Safety and Health (OSH) systems based on prevention and continuous improvement. The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), is a landmark step as its flexibility would help in promoting its acceptability. Yet, despite these efforts to address OSH concerns, an estimated 2 million work-related fatalities and 330 million work-related accidents still occur each year, which requires a strong back up support of the technical support programmes to promote enterprise level education, information and training programmes to promote safe work culture is more important. The problems faced in this context are: unreasonably high standard of country level health and safety norms which is difficult to achieve, and poor education among employees to follow safety norms, causing voidable accidents. The futuristic agenda of ILO on health and safety may flag these issues.
Gender Issues
ILO actions, focusing on the voice and visibility of women in the world of work have been successful during last decades. Safe maternity and health care for mother and removing gender bias at the work place are also central to decent work. India by ratifying both the Conventions i.e. Convention No. 100 and 111 dealing with equality at the work place and equal remuneration for equal work has signified its whole hearted support to ILO initiative on gender issues. India's efforts to secure one third reservation for women in the parliament can be seen as India's proactive approach to its gender policy. ILO should multiply its efforts in promoting women participation in work in counties which are under developed and low in social index.
Child labour
ILO's tirade against child labour since its inception in 1919 is well known and has paid dividends. But the problem is gigantic as the magnitude as per estimate is 317 million despite 11% drop between 2000-2004.
Global awareness on child labour also seems to have reached to a reasonable level and requires now direct action programmes. IPEC- the flagship programme of ILO did play a useful role in sensitizing the environment. It needs to be revived with fresh and large resources. Although education is a viable alternative to child labour, the strategies to eradicate child labour should be local as the issue of child labour has social and cultural overtones as well.
33 The developed world should understand that child labour is essentially an unemployment and poverty syndrome and deeply connected with the level of country's economic development. It's a collective responsibility. In the era of globalization, every country is looking for enhanced markets and consumers and it will be available only by developing and empowering every society and each individual.
Informal Sector
A large majority of the workforce i.e. 50-75 percent of non-agricultural workforce in the developing countries is engaged in the informal economy. In India, more than 90 percent of the total workforce falls in this category. Women's share of employment in this sector varies from 60-80 percent. This sector is characterized by low wages/income, low productivity and hazardous working conditions - demonstrating a serious decent work deficit and a challenge to ILO's future relevance. Overwhelming part of the workers in this sector is self employed, thus lacking a formal employer- employee relationship and organizing ability. The positive aspect of this phenomenon is presence of a strong entrepreneurial culture, which needs to be supported through technical support programme. If supported properly, this sector is an answer to ever growing unemployment.
HIV-AIDS
HIV-AIDS has posed yet serious threat to the world of work, striking a human beings in their most active life. It is impacting in all possible ways i.e. absenteeism, rising medical cost and loss of productivity and human resource. The number of adults aged 15 to 49 years and children under 15 years living with HIV rose globally from about 29 million in 2001 to over 33 million in 2007. ILO interventions in this area should directly address enterprise level problems. The environment outside the working place and family life of the employees is most important to consider along with a massive dose of advocacy and awareness programmes. This is one of the important future challenges.
Skill Development
Skill development broadly addresses two issues: in the first place it promotes employability. We very often say that there is no employment, but un-employability. Skill divide among countries one hand and growing demographic imbalances put skill development at forefront of issues ILO is facing.
34 The fast speed of technological development is creating only jobs, which only skilled manpower can take. Technological development has created sea change in the needs of industries since two decades. The existing army of 100 million unemployed persons will need to be exposed to skill development of one kind or the other to make them employable.
Vocational training institutions, course curriculum and pedagogy - all needs restructuring to make them relevant to the needs of modern industry. Only then we can see a sustainable growth in employment.
Secondly, skills provide employability and employment security. This is a best form of social security. The formal social security covers only 20% workforce and if we depend on the traditional contributory social security schemes run by the state, we may not be able to achieve the target of 50% coverage in another two decades. We can, however, train people to get employment and quality employment to improve their income, livelihood and security.
Sustainable Enterprises - A future agenda for ILO
The future agenda of ILO should exclusively deal with promoting and sustaining enterprises which is one stop solution for employment generation, social security and creating wealth.
'Global Jobs Pact' has provided a broad framework which may stimulate job protection and employment creation. But, let us be reminded that artificial protection of jobs is suicidal for enterprises as well as economy. Let us talk of real growth through productivity improvement and value addition. Enterprise level interventions, therefore, acquire significance.
Enhanced access to capital, technology, promoting skill development and managerial education are important part of it. Programmes focusing on Quality, Productivity and Entrepreneurship development will bring ILO close to its constituents imparting greater relevance. Globalization has broken the barriers for proliferation of knowledge and information which will make the task easier.
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35 Looking ahead
The ILO and India have had a long history of working together to tackle the problems created by two World Wars, economic crises, and the need for development in the post-war World. Today they face new challenges on the social, political and economic fronts with serious implications for their basic objective of universal peace through social justice. Having stood the test of time, both are confident that they will successfully meet the new challenges and continue to strive for the achievement of their shared objectives.
ILO Director General paying homage to Universal peace leader and Father of India Mahatma Gandhi in 2000
36 Annexure I International Labour Organization Conventions Ratified by India Sl. No. No. And Title of Convention Date of ratification 1. No.1 Hours of Work (Industry) Convention, 1919 14.07.1921 2.* No.2 Unemployment Convention, 1919 14.07.1921 3. No.4 Night Work (Women) Convention, 1919 14.07.1921 4. No.5 Minimum Age (Industry) Convention, 1919 09.09.1955 5. No.6 Night Work of Young Persons (Industry) Convention, 1919 14.07.1921 6. No.11 Right of Association (Agriculture) Convention, 1921 11.05.1923 7. No.14 Weekly Rest (Industry) Convention, 1921 11.05.1923 8. No.15 Minimum Age (Trimmers and Stokers) Convention, 1921 20.11.1922 9. No.16 Medical Examination of Young Persons (Sea) Convention, 1921 20.11.1922 10. No.18 Workmen's Compensation (Occupational Diseases) Convention, 1925 30.09.1927 11. No.19 Equality of Treatment (Accident Compensation) Convention, 1925 30.09.1927 12. No.21 Inspection of Emigrants Convention, 1926 14.01.1928 13. No.22 Seamen's Articles of Agreement Convention, 1926 31.10.1932 14. No.26 Minimum Wage-Fixing Machinery, Convention, 1928 10.01.1955 15. No.27 Marking of Weight (Packages Transported by Vessels) Convention, 1929 07.09.1931 16. No.29 Forced Labour Convention, 1930 30.11.1954 17. No.32 Protection Against Accidents (Dockers) Convention (Revised), 1932 10.02.1947 18.@ No.41 Night Work (Women) Convention (Revised), 1934 22.11.1935 19. No.42 Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 13.01.1964 20 No.45 Underground Work (Women) Convention, 1935 25.03.1938 21. No.80 Final Articles Revision Convention, 1946 17.11.1947 22. ** No.81 Labour Inspection Convention, 1947 07.04.1949 23. No.88 Employment Services Convention, 1948 24.06.1959
37 24. No.89 Night Work (Women) Convention (Revised), 1948 27.02.1950 25. No.90 Night Work of Young Persons (Industry) (Revised), 1948 27.02.1950 26. No.100 Equal Remuneration Convention, 1951 25.09.1958 27. No.107 Indigenous and Tribal Population Convention, 1957 29.09.1958 28. No.111 Discrimination (Employment & Occupation) Convention, 1958 03.06.1960 29. No.116 Final Articles Revision Convention, 1961 21.06.1962 30.# No.118 Equality of Treatment (Social Security) Convention, 1962 19.08.1964 31.@@ No.123 Minimum Age (Underground Work) Convention, 1965 20.03.1975 32. No.115 Radiation Protection Convention, 1960 17.11.1975 33. No.141 Rural Workers' Organisation Convention, 1975 18.08.1977 34. No.144 Tripartite Consultation (International Labour Standards) Convention, 1976 27.02.1978 35. No.136 Benzene Convention, 1971 11.06.1991 36.## No.160 Labour Statistics Convention, 1985 01.04.1992 37. No.147 Merchant Shipping (Minimum Standards), 1976 26.09.1996 38. No.122 Employment Policy Convention 1964 17.11.1998 39. No.105 Abolition of Forced Labour, 1957 18.05.2000 40 P89 Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 21.11.2003 41. No.108 Seafarers' Identity Documents Convention, 1958 07.01.2005 42. No.174 Prevention of Major Industrial Accidents 06.06.2008 43. No.142 Human Resource Development 25.03.2009
* Later denounced, The Convention requires, internal furnishing of statistics concerning unemployment every three months which is considered not practicable. @ Convention denounced as a result of ratification of Convention No.89. ** Excluding Part II. # Branches (c) and (g) and Branches (a) to (c) and (i). @@ Minimum Age initially specified was 16 years but was raised to 18 years in 1989. ## Article 8 of Part - II.
38 Annexure II
Select Landmark Events in ILO History
1919 Adoption of the Treaty of Versailles, of which Part XIII contains the Constitution of the ILO, 28 June 1919
1919 First Session of the International Labour Conference, Washington, DC
Election of Albert Thomas as the first Director of the ILO
Adoption of the Hours of Work (Industry) Convention (No.1), on the 8 - hour working day and 48-hour working week, and five other Conventions
1926 Creation of the Committee of Experts on the Application of Conventions and of the International Labour Conference Committee on the Application of Standards
1928 Adoption of the Minimum Wage-Fixing Machinery Convention (No. 26)
1930 Adoption of the Forced Labour Convention (No. 29)
1932 Death of Albert Thomas (7 May) - Harold Butler becomes the second Director of the ILO
1939 John G. Winant becomes the third Director of the ILO
1941 Edward Phelan becomes Acting Director of the ILO (appointed Director retrospectively in 1946)
Special Session of the International Labour Conference, New York (Columbia University)-Washington, DC (White House)
1944 Adoption of the Declaration of Philadelphia during the 26th Session of the International labour Conference
1945 Creation of the first Industrial Committees by the Governing Body: Inland Transport, Coal-Mines, Iron and Steel, Metal Trades, Textiles, Petroleum, Building Trades (including Public Works)
1946 ILO becomes the first specialized agency of the United Nations and incorporates the Declaration of Philadelphia in its amended Constitution
1947 First (Preparatory) Asian Regional Conference, held in New Delhi
39 1948 David Morse becomes the fifth Director-General of the ILO
Adoption of the Freedom of Association and Protection of the Right to Organise Convention (No. 87)
Adoption of the Manpower Programme for Europe, Asia, and Latin America
1949 Adoption of the Right to Organise and Collective Bargaining Convention (No. 98)
Start of the ILO Technical Assistance Programme
1950 Asian Regional Conference, Nuwara Eliya (Ceylon)
1951 Adoption of the Equal Remuneration Convention (No. 100)
1951 Governing Body creates a committee to examine complaints of violations of freedom of association and a Fact-Finding and Conciliation Commission
1952 Adoption of the Social Security (Minimum Standards) Convention (No. 102)
1957 Adoption of the Abolition of Forced Labour Convention (No. 105)
1958 Adoption of the Discrimination (Employment and Occupation) Convention (No.111)
1960 Creation of the International Institute for Labour Studies
1964 Adoption of the Declaration on Apartheid, followed by the South African delegation leaving the International Labour Conference (official withdrawal of South Africa from the ILO in 1966)
Adoption of the Employment Policy Convention (No.122)
1965 Creation of the International Centre for Advanced Technical and Vocational Training (Turin)
1969 ILO is awarded the Nobel Peace Prize; celebration of 50 years of ILO
1970 C. Wilfred Jenks becomes the sixth Director-General of the ILO
Launch of the World Employment Programme (WEP)
1973 Francis Blanchard becomes the seventh Director-General of the ILO
Adoption of the Minimum Age Convention (No. 138)
40 1975 Launch of the ILO International Programme for the Improvement of W o r k i n g Conditions and Environment (PIACT)
Adoption of the Declaration on Equality of Opportunity and Treatment for Women Workers
1976 World Employment Conference
1977 Adoption of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) (revised in 2000 and 2006)
1984 Publication of the first ILO World Labour Report
1987 High-Level Meeting on Structural Adjustment
1989 Michel Hansenne becomes the eighth Director-General of the ILO
1990 Nelson Mandela addresses the International Labour Conference shortly after his release from prison on 11 February 1990
1992 Launch of the ILO International Programme on the Elimination of Child Labour (IPEC)
The first Multidisciplinary Team is established in Budapest
1994 Creation of the Governing Body Working Party on the Social Dimension of the Liberalization of International Trade (renamed in 2000 as the Working Party on the Social Dimension of Globalization)
1995 Publication of the first ILO World Employment Report United Nations' World Summit for Social Development ("Social Summit")
(Copenhagen) endorses goals of employment and core labour standards
1998 Adoption of the Declaration on Fundamental Principles and Rights at Work
1999 Juan Somavia becomes the ninth Director-General of the ILO
Launch of the Decent Work Agenda
Adoption of the Worst Forms of Child Labour Convention (No. 182)
Launch of eight In Focus Programmes (on socio-economic security, safe work, skills, crisis, and follow up to the 1998 Declaration, child labour, social dialogue, and small enterprises)
41 2000 Start of the ILO Programme on HIV/AIDS and the World of Work
2001 Launch of the Global Campaign on Social Security and Coverage for All
World Employment Forum and launch of the Global Employment Agenda
2002 Convention No. 182 (Worst Forms of Child Labour) is ratified by over 100 member States (the fastest ratification in the history of the ILO)
2002-04World Commission on the Social Dimension of Globalization
2005 Decent Work Agenda is endorsed by the United Nations World Summit
2008 Adoption of the Declaration on Social Justice for a Fair Globalization
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