DAGON UNIVERSITY

DEPARTMENT OF LAW

Structure and Functions of The International Labour Organization

Presented by
Hsu Mon Lwin
1LLM-11
Master Second Year
International Law
Contents

Introduction ..............................................................................................................1
Chapter 1 Structure and Functions of The International Labour Organization
....................................................................................................................................2
1.1 History of The International Labour Organization .......................................2
1.2 Structure and Functions The International Labour Organization ..............4
The International Labour Office ........................................................................5
The International Labour Conference ................................................................5
The Governing Body..........................................................................................6
1.3 The ILO's Decent Work Agenda ......................................................................6
1.4 International Labour Standards (ILS) ............................................................7
Chapter 2 The International Labour Organization’s Fundamental Conventions
....................................................................................................................................8
2.1 The Fundamental Principles and Rights .........................................................8
2.2 Myanmar and International Labour Organization......................................10
Conclusion...............................................................................................................11
 1

Introduction

The International Labour Organization (ILO) is a specialized agency of the United Nations dedicated
to promoting social justice and internationally recognized labor rights. The primary goal of the ILO is to
advance opportunities for women and men to obtain decent and productive work, under conditions of
freedom, equity, security, and dignity. This involves setting international labor standards, formulating policies,
and providing technical assistance to its member states to foster decent working conditions, social protection,
and fair wages.
The ILO operates on the principle that social justice is essential for lasting peace, and its work
encompasses a wide range of areas, including labor rights, employment, social protection, and social dialogue.
The organization plays a crucial role in developing and promoting international labor standards through
conventions and recommendations, which serve as benchmarks for member states to improve their labor laws
and practice.
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Chapter 1 Structure and Functions of The International Labour Organization

1.1 History of The International Labour Organization

As the ILO celebrates its 100th anniversary in 2019, it is timely to reflect on the many life-changing
events which are linked to the ten decades of ILO history.
The Organization has played a role at key historical junctures – the Great Depression, decolonization,
the creation of Solidarność in Poland, the victory over apartheid in South Africa – and today in the building
of an ethical and productive framework for a fair globalization.
It was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief
that universal and lasting peace can be accomplished only if it is based on social justice. The Constitution of
the ILO was drafted in early 1919 by the Labour Commission, chaired by Samuel Gompers, head of the
American Federation of Labour (AFL) in the United States. It was composed of representatives from nine
countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United
States. The process resulted in a tripartite organization, the only one of its kind, bringing together
representatives of governments, employers and workers in its executive bodies.
The driving forces for the ILO's creation arose from security, humanitarian, political and economic
considerations. The founders of the ILO recognized the importance of social justice in securing peace, against
a background of the exploitation of workers in the industrializing nations of that time. There was also
increasing understanding of the world's economic interdependence and the need for cooperation to obtain
similarity of working conditions in countries competing for markets.
Reflecting these ideas, the Preamble of the ILO Constitution states:
Whereas universal and lasting peace can be established only if it is based upon social justice;
And whereas conditions of labour exist involving such injustice, hardship and privation to large
numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and
an improvement of those conditions is urgently required;
Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way
of other nations which desire to improve the conditions in their own countries.
The areas of improvement listed in the Preamble remain relevant today, including the regulation of
working time and labour supply, the prevention of unemployment and the provision of an adequate living
wage, social protection of workers, children, young persons and women. The Preamble also recognizes a
number of key principles, for example equal remuneration for work of equal value and freedom of
association , and highlights, among others, the importance of vocational and technical education.
 3

In the early years, the ILO moved to Geneva in the summer of 1920, with France's Albert Thomas as
its first Director. Nine International Labour Conventions and 10 Recommendations were adopted in less than
two years. These standards covered key issues, including:
hours of work ,
unemployment ,
maternity protection ,
night work for women ,
minimum age , and
night work for young persons
A Committee of Experts was set up in 1926 to supervise the application of ILO standards. The
Committee, which still exists today, is composed of independent jurists responsible for examining
government reports and presenting each year to the Conference its own report on the implementation of ILO
Conventions and Recommendations.
The Great Depression, with its resulting massive unemployment, soon confronted Britain's Harold
Butler , who succeeded Albert Thomas as Director in 1932. Realizing that handling labour issues also requires
international cooperation, the United States became a Member of the ILO in 1934, although it continued to
stay out of the League of Nations. The American, John Winant , took over as head of the ILO in 1939 - just
as the Second World War was imminent. He moved the ILO's headquarters temporarily to Montreal, Canada,
in May 1940 for reasons of safety. His successor, Ireland's Edward Phelan from 1941-1948, had helped to
write the 1919 Constitution and played an important role once again during the Philadelphia meeting of the
International Labour Conference, in the midst of the Second World War.
In 1946, the ILO became a specialized agency of the newly formed United Nations. America's David
Morse was Director-General from 1948-1970, when the number of Member States doubled and the
Organization took on its universal character. Industrialized countries became a minority among developing
countries, the budget grew five-fold and the number of officials quadrupled.
The ILO established the Geneva-based International Institute for Labour Studies in 1960 and
the International Training Centre in Turin in 1965. The Organization won the Nobel Peace Prize on its 50th
anniversary in 1969.
Under Britain's Wilfred Jenks , Director-General from 1970-73, the ILO advanced further in the
development of standards and mechanisms for supervising their application, particularly the promotion of
freedom of association and the right to organize.
His successor, Francis Blanchard of France from 1974-1989, expanded ILO's technical cooperation
with developing countries. The ILO played a major role in the emancipation of Poland from dictatorship by
giving its full support to the legitimacy of the Solidarnosc Union, based on respect for Convention No. 87 on
 4

freedom of association, which Poland had ratified in 1957. Belgium's Michel Hansenne succeeded him in
1989 and guided the ILO into the post-Cold War period, emphasizing the importance of placing social justice
at the heart of international economic and social policies. He also set the ILO on a course of decentralization
of activities and resources away from the Geneva headquarters.
In March 1999, Juan Somavia of Chile took over as Director-General. He emphasized the
importance of making decent work a strategic international goal and promoting a fair globalization. He also
underlined work as an instrument of poverty alleviation and the ILO's role in helping to achieve the
Millennium Development Goals, including cutting world poverty in half by 2015. Under Somavia, the ILO
established the World Commission on the Social Dimension of Globalization, which published a major report
responding to the needs of people as they cope with the unprecedented changes that globalization has brought
to societies.
In May 2012, Guy Ryder (UK) was elected as the tenth Director-General of the ILO. He was re-
elected to his second five-year term in November 2016. Ryder has emphasised that the future of work is not
predetermined: Decent work for all is possible but societies have to make it happen. It is precisely with this
imperative that the ILO established its Global Commission on the Future of Work as part of its initiative to
mark its centenary in 2019. A Togolese politian Gilbert F. Houngbo was elected as the ILO's 11th Director-
General by the organization's Governing Body in March 2022, for a five-year term [1]

1.2 Structure and Functions The International Labour Organization

The ILO is unique among UN agencies because it is a tripartite organization. It is composed not only
of governments, but of three partners: governments, employers and workers. The ILO is built on dialogue and
cooperation among these three parties, with two votes from government and one each from employers and
workers’ representatives respectively from each country at the International Labour Conference. The ILO has
three main organs: the International Labour Conference, the Governing Body, and the International Labour
Office.[2] At present, there are 187 countries who are ILO members. The very structure of the ILO, where
workers and employers together have an equal voice with governments, it ensures that the views of the social
partners are closely reflected in ILO labour standards, policies and programmes. [3]
The ILO promotes international labor standards through its field offices in Africa, Latin America and
the Caribbean, the Arab States, Asia and the Pacific, and Europe and Central Asia. The organization provides

__________________________________
1. https://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm
2. International Labour Standards on Migrant Workers’ Rights , Guide for policy makers and practitioner in Asia and Pacific INTERNATIONAL
LABOUR OFFICE, Bangkok 2007, p-41
3.https://dier.gov.mt/en/International-Relations/Pages/The-International-Labour-Office.aspx
 5

training on fair employment standards, offers technical cooperation for projects in partner countries, analyzes
labor statistics and publishes related research, and regularly holds events and conferences to examine critical
social and labor issues. The organization was recognized for improving fraternity and peace among nations,
pursuing decent work and justice for workers, and providing technical assistance to developing nations.[4]

The International Labour Office

The International Labour Office is the permanent secretariat and the focal point to carry out the
activities of the ILO, including research, investigations, technical co-operation and publications. The
organization’s Office headquarters are in Geneva and it has 58 field offices. ILO provides assistance to its
member States with the ratification and application of international labour standards, and provides technical
cooperation covering fields such as labour law reform, the fundamental principles and rights at work,
employment policies, labour market information, enterprise development and vocational training,
microfinance, social security, occupational safety and health, conditions of work, labour administration,
industrial relations and labour inspection.

The International Labour Conference

The broad policies of the ILO are set by the International Labour Conference, which meets once a
year in June, in Geneva, Switzerland. This annual Conference brings together governments', workers' and
employer's delegates of the ILO member States. Often called an international parliament of labour, the
Conference establishes and adopts international labour standards and is a forum for discussion of key social
and labour questions. It also adopts the Organization's budget and elects the Governing Body.
Each member State is represented by a delegation consisting of two government delegates, an employer
delegate, a worker delegate, and their respective advisers. Many of the government representatives are cabinet
ministers responsible for labour affairs in their own countries. Employer and Worker delegates are nominated
in agreement with the most representative national organizations of employers and workers.
Every delegate has the same rights, and all can express themselves freely and vote as they wish. Worker and
employer delegates may sometimes vote against their government's representatives or against each other. This
diversity of viewpoints, however, does not prevent decisions being adopted by very large majorities or in
some cases even unanimously. Heads of State and prime ministers also take the floor at the Conference.
International organizations, both governmental and others, attend as observers. [5]

__________________________________

4.https://www.investopedia.com/terms/i/international-labour-organization.asp
5.https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/international-labour-conference/lang--en/index.htm
 6

The Governing Body

The Governing Body is the executive council of the International Labour Office. Its period of office
is three years. It meets twice a year for a full session (in March and November) and once for a one-day session
(in June, after the International Labour Conference). With the exception of the June session, the plenary
sessions of the Governing Body last up to three-and-a-half days. Functions of the The Governing Body are;
 Elects the Director-General
 Directs and monitors the work of the Office and the Director-General in the discharge of their
constitutional functions directly or through the various committees it may establish
 Adopts the draft programme and budget for submission to the Conference
 Determines the agenda of the Conference and ensures adequate preparation
 Deals with constitutional procedures (articles 24 and 26 of the Constitution of the ILO) for
the application of ratified Conventions
 Discharges the responsibility entrusted to it in the follow-up to the ILO Declaration on
Fundamental Principles and Rights at Work
 Discharges all other responsibilities entrusted to it through the ILO Constitution and practice
including reforms of the ILO and its organs
 Authorizes the participation of representatives of official international organizations and
international non-governmental organizations at the Conference and other ILO meetings
 Approves the agenda and, where applicable, the composition of regional, sectoral and expert
meetings.
According to article 7 of the Constitution of the ILO and articles 49 and 50 of the Standing
Orders of the International Labour Conference, the Governing Body is composed of 56 regular members and
66 deputy members ( 28 Government regular members 14 Worker regular members 14 Employer regular
members 28 Government deputy members 19 Worker deputy members 19 Employer deputy members ).[6]

1.3 The ILO's Decent Work Agenda

Productive employment and decent work are key elements to achieving a fair globalization and
poverty reduction. The ILO has developed an agenda for the community of work looking at job creation,
rights at work, social protection and social dialogue, with gender equality as a crosscutting objective. There
has been an increased urgency among international policy-makers, particularly in the wake of the global
_________________________________
6.Introduction to the Governing Body, International Labour Office Geneva May 2008, p-1
 7

financial and economic crisis of 2008, to deliver quality jobs along with social protection and respect for rights
at work to achieve sustainable, inclusive economic growth, and eliminate poverty.Today, the ILO's Decent
Work agenda helps advance the economic and working conditions that give all workers, employers and
governments a stake in lasting peace, prosperity and progress.
Four strategic objectives at the heart of the Decent Work agenda are;
 Set and promote standards and fundamental principles and rights at work
 Create greater opportunities for women and men to decent employment and income
 Enhance the coverage and effectiveness of social protection for all
 Strengthen tripartism and social dialogue [7]

1.4 International Labour Standards (ILS)

The core of ILO standards-related activities include International Labour Standards (ILS), codes of
practice, technical guidelines, resolutions, conclusions and declarations. These various instruments all serve a
particular purpose, and they differ accordingly in their subject matter, detail of regulation, degree of
commitment, form of adoption and follow-up.
Broadly speaking, ILS are legal instruments which embody international rules on social and working
conditions. They take the form of International Labour Conventions and International Labour
Recommendations. There is an important legal difference between the two: Conventions (and protocols to
them), when ratified by ILO member States, create binding legal obligations to give effect to their provisions
in national policy, legislation and practice. Recommendations are not open to ratification, simply providing
guidance for national policy, legislation and practice. Typically, an ILO Convention is built up in the following
way:
 Title, including the number of the Convention and the year of adoption;
 Preamble, giving reasons for its adoption and mentioning related instruments;
 Provisions setting out, in general terms, the main obligations of the Convention;
 Provisions dealing with definitions, scope of the instrument, and exemptions;
 Provisions setting out the Convention’s principles and minimum standards;
 Provisions describing measures/methods of implementation;
Standardized final articles dealing with procedural questions, such as entry into force, ratification and
denunciation of the Convention. The competent body within the ILO for the elaboration and adoption of ILS
is the International Labour Conference in which each member State is represented by two government
delegates, one employers’ delegate and one workers’ delegate. ILS require a two-thirds majority of the ILC
__________________________________
7. https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm
 8

for their adoption.. A total of 190 Conventions, six Protocols and 206 Recommendations have been adopted
to date, covering numerous aspects of labour and social policy. In order to allow an overview, the ILO
Secretariat has put them into the following twelve categories .It is obvious that not all ILO Conventions and
Recommendations adopted in the past 81 years are considered equally useful today. The ILO Governing
Body has repeatedly examined existing ILS and classified them according to their current relevance. Eight
Conventions in the category “basic human rights”, which are called “ILO fundamental Conventions are
considered particularly important for social and economic development. This is because the recognition of
the fundamental labour principles and rights they contain is seen as a precondition and a catalyst for the
application of other ILS. In recent years, consensus on the need to promote respect of these fundamental
Conventions has grown within and outside the ILO. The following major developments are to be mentioned
in this regard:
 A ratification campaign regarding the fundamental Conventions, which started in 1995, has
yielded significant results (these instruments have the largest number of ratifications of ILO
Conventions).
 The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up,
which reflects and seeks to promote the principles contained in the fundamental
Conventions, was adopted in 1998.
 The Global Compact, which was launched in 1999 by the UN Secretary General as a joint
initiative of the UN and business to strengthen the human dimension of the global economy,
focuses in its labour chapter on the principles of fundamental Conventions.
Other international organizations, such as OECD, WTO and the World Bank, in their own activities,
have taken an increasing interest in the ILO fundamental Conventions and their operational implications. [8]

Chapter 2 The International Labour Organization’s Fundamental Conventions

2.1 The Fundamental Principles and Rights

The fundamental principles and rights at work derive from ILO Conventions and Recommendations,
which set international labour standards on a broad range of subjects related to the world of work, including
human rights at work, occupational safety and health, employment policy and human resources development.
Increasing concerns about the social impact of globalization led the members of the ILO - representatives of
government, employers and workers at the international level - to recognize in 1995 that there were four
__________________________________
8. EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES Alfred Wisskirchen and Christian Hess, Bureau for
Employers´ Activities (ACT/EMP) International Labour Office Geneva, Copyright © International Labour Organization 2001 First published 2001
 9

categories of labour standards, expressed in eight conventions (the so-called “core conventions”), that should
be considered as fundamental because they protect basic workers' rights. These categories are:
Freedom of association and the right to collective bargaining
-Freedom of Association and Protection of the Right to Organize Convention (No. 87), 1948
- Right to Organize and Collective Bargaining Convention (No. 98), 1949
Forced Labour
- Forced Labour Convention (No. 29), 1930
- Abolition of Forced Labour Convention (No. 105), 1957
Child Labour
- Minimum Age Convention (No. 138), 1973
- Worst Forms of Child Labour Convention (No. 182), 1999
Discrimination in Respect of Employment and occupation
- Equal Remuneration Convention (No. 100), 1951
- Discrimination (Employment and Occupation) Convention (No. 111), 1958
The process culminated in 1998 with the adoption of the ILO Declaration on Fundamental Principles
and Rights at Work. This Declaration affirms that all ILO Members States, even if they have not ratified the
Conventions in question, have an obligation arising from the very fact of membership in the Organization to
respect, to promote and to realize the principles 1 concerning the fundamental rights which are the subject of
those Conventions. [9]
There are also four governance conventions, which are considered important for “the functioning of
the international labour standards system”:
Labour Inspection Convention, 1947 (No. 81)
Employment Policy Convention, 1964 (No. 122)
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) [10]
In the case of Bachpan Bachao Andolan v. Union of India & Ors, 18 April 2011, Bachpan Bachao
Andolan, an Indian-based movement, filed a public interest petition under Article 32 of the Constitution
concerning the serious violations and abuse of children who are forcefully detained in circuses. The children
are trafficked from impoverished parts of Nepal and India and forced to stay and perform in circuses where
they are frequently sexually, physically and emotionally abused and kept in inhuman conditions. The petition
requested that the Court issue a number of orders or directions against the state, including: to frame appropriate
__________________________________
9. Fundamental Principles and Rights at Work Fact Sheet, International Labour Organization, 2020
10.https://www.investopedia.com/terms/i/international-labour-organization.asp
 10

guidelines for persons engaged in circuses; to conduct raids on circuses to liberate the children and examine
the gross violations of their rights; to appoint special forces on the borders to prevent cross-border trafficking
of children; to criminalise intra-state trafficking, bondage, forcible confinement, sexual harassment, and abuse
of children; to empower the Child Welfare Committee under the Juvenile Justice (Care and Protection of
Children) Act, 2000 to award compensation to child victims rescued from the circuses; and to prohibit the
employment/engagement of children under 18 in circuses.
The Supreme Court of India’s reasoning is that children are entitled to special protection under the
Constitution, as well as protection under the Juvenile Justice (Care and Protection of Children) Act and
international treaties and conventions related to human rights and child rights, including the Convention on
the Rights of the Child, to which India is a signatory. However, there are perpetual violations of the law with
respect to children who are trafficked into circuses. The Court found that, from the comprehensive
submissions made by the learned Solicitor General, it is clear that the Government of India is fully aware
about the problems of children working in circuses and elsewhere. The Court made the above orders in light
of the suggestions of the Solicitor General and others. [11]

2.2 Myanmar and International Labour Organization

Myanmar has been a member state of the International Labour Organization (ILO) since 1948. The
ILO's engagement with Myanmar involves addressing various labor-related challenges, including issues
related to workers' rights, child labor, forced labor, and social justice. However, specific circumstances and
developments may have occurred after this date. The ILO first established its Liaison Office in Myanmar in
2002 under an Understanding between the Government of the Union of Myanmar and the International
Labour Office .
The main role of the Liaison Officer was to support efforts for the elimination of forced labour in the
country and implement strategies to address its root causes. In February 2007 a Supplementary Understanding
was also signed between the Government of the Union of Myanmar and the ILO to provide a complaints
mechanism enabling victims of forced labour to seek redress. Since June 2012, ILO’s mandate in Myanmar
has broadened to encompass the full range of the decent work agenda . In September 2018, the ILO signed
its first Decent Work Country Program (DWCP) for Myanmar with the Government, employers and
workers organisations. The DWCP was developed on a tripartite basis signals priority areas for ILO technical
support and plays a key role in assisting Myanmar to meet its commitments to the Sustainable Development
. __________________________________
11. https://archive.crin.org/en/library/legal-database/bachpan-bachao-andolan-v-union-india-ors.html
 11

Goals (SDGs) before 2030. Throughout the years, the ILO’s role has been pivotal in Myanmar’s emergence
from decades of isolation and military rule by supporting wider processes of democratization, freedom of
association and good governance in the labour market. Furthermore, the ILO has also been playing
an important role in supporting ongoing peace efforts through developing employment initiatives in conflict
affected areas, which are essential for national reconciliation, poverty alleviation and social stability. The ILO
Liaison Office in Myanmar reports regularly to the ILO Governing Body on its work in the country,
including progress in the elimination of forced labour. [12]

Conclusion

In conclusion, the International Labour Organization (ILO) stands as a pivotal force in the
global pursuit of social justice, equitable labor practices, and the protection of workers' rights. Established in
1919, the ILO has evolved into a tripartite organization, fostering collaboration among governments,
employers, and workers to address diverse challenges in the world of work. Through its extensive efforts, the
ILO has played a crucial role in setting and promoting international labor standards, encompassing areas such
as forced labor, child labor, occupational safety, and social protection. The organization's commitment to the
principles of decent work, social dialogue, and the elimination of discrimination has resonated across borders,
influencing policies and practices in member states. The ILO's role in Myanmar remains significant in
advocating for fair labor practices, supporting social dialogue, and providing technical assistance to improve
working conditions. As the situation is subject to change, it's advisable to consult the latest reports, news, or
official statements from the ILO and other relevant sources for the most up-to-date information on the ILO's
engagement with Myanmar and the labor-related developments in the country.

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12.. https://www.ilo.org/yangon/country/lang--en/index.htm
 12

References

1. https://www.nobelprize.org/prizes/peace/1969/labour/history/
2. International Labour Standards on Migrant Workers’ Rights , Guide for policy makers and practitioner in
Asia and Pacific INTERNATIONAL LABOUR OFFICE, Bangkok 2007, p-41
3.https://dier.gov.mt/en/International-Relations/Pages/The-International-Labour-Office.aspx
4.https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/international-labour-conference/lang--
en/index.htm
5.Introduction to the Governing Body, International Labour Office Geneva May 2008, p-1
6.https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm
7. EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES Alfred Wisskirchen
and Christian Hess, Bureau for Employers´ Activities (ACT/EMP) International Labour Office Geneva,
Copyright © International Labour Organization 2001 First published 2001
8. Fundamental Principles and Rights at Work Fact Sheet, International Labour Organization, 2020.
9. https://archive.crin.org/en/library/legal-database/bachpan-bachao-andolan-v-union-india-ors.html
10. https://www.ilo.org/yangon/country/lang--en/index.htm