Core Labor Standards Toolkit - Step 2

There are many sources of information on the status of core labor standards within Bank client countries. The most important World Bankpartner on issues related to labor standards is the International Labour Organization. Country teams preparing CAS' are strongly encouraged to contact staff from the ILO country offices. Local trade unions and employer organizations are also important sources of information. Of course, another potentially key source of information on how labor standards are treated within a country will be Bank staff members' own observations and information gleaned from their networks on the ground. Further discussion of various resources, including contact information and links to online reports, are provided below.

I. International Labour Organization (ILO)

The ILO is the UN specialized agency responsible for promoting labor rights and decent working conditions. Its primary vehicle for doing so is the adoption of Conventions and Recommendations which are then open to ratification by member countries. The ILO has a tripartite structure unique within the UN system in which representatives of workers and employers participate on an equal basis with government officials. In addition to establishing and monitoring implementation of conventions and recommendations on various workplace practices, the ILO provides technical assistance to member countries on vocational training, employment policy, labor statistics, social protection systems, and other social policy issues. The International Training Centre of the ILO provides training for staff of governments and worker and employer organizations, as well as staff of UN agencies and NGOs.

The Special Action Programme to combat Forced Labour (SAP-FL) has spearheaded the ILO’s work in this field since early 2002. Since its inception, SAP-FL has been concerned to raise global awareness of forced labour in its different forms, as a necessary prerequisite for effective action against it.

World Bank staff are encouraged to contact country-based ILO representatives for information on core labor standards and government compliance. See the Directory of ILO country offices for contact information.

Key sources of information on core labor standards available online from the ILO are the following:

• Ratification of the Fundamental Conventions by Country. This table contains a current record of the core conventions ratifed by each country.
• ILOLEX: a database of international labor standards and reports from ILO supervisory mechanisms. The following useful information is available: Observations from the Committee of Experts on the Application of Conventions and Recommendations. The CEACR is responsible for examining compliance with ILO standards based on reports sent by member governments. See ILO Supervisory Mechanisms below for more information.
• Reports from the Freedom of Association Committee. This tripartite nine-member body reviews complaints on country compliance with the principles of freedom of association. See ILO Supervisory Mechanisms below for more information.

ILO Supervisory Mechanisms

1. Regular system of supervision. Under Article 22 of the ILO constitution, member countries submit periodic reports on ratified conventions. The reports, along with comments from worker's and employer's organizations from the respective countries, are submitted to the ILO Committee of Experts. Following review, the Committee may make direct requests to the governments or, in more serious situations, may make an observation in its report to the Tripartite Conference Committee on the Application of Standards of the International Labour Conference. Comments from both the Committee of Experts and the Committee on the Applications of Standards and Recommendations are available through ILOLEX.

2.  General survey reports. Article 19 of the ILO Constitution grants the Governing Body power to request reports from member states on conventions not ratified and recommendations. Such requests typically lead to "general surveys" on sets of related instruments. Governments submit reports on constraints to ratification of relevant conventions, social partners may comment, and the Committee of Experts reviews and reports to the Conference. Recent General Surveys are available online, although for the purposes of the CAS analysis on core standards, the 1998 Declaration follow-up described below may be a more useful source.

3. Complaintsand Representations. Governments, International Labour Conference Delegates, individual associations of workers or employers, and the ILO Governing Body each have the right to submit complaints or grievances to the International Labor Office regarding non-compliance of any convention(s) by a ratifying member state. The implicated government has an opportunity to respond to the complaint before such is published or investigated further. In rare cases, the Governing Body may appoint a Commission of Inquiry to conduct an independent investigation. The Commission's findings of fact and recommendations are reported to the Governing Body. If the report is accepted, the government concerned must act on its recommendations. If such is not done within the specified time, Article 33 empowers the Governing Body to recommend to the Conference such action "as it may deem wise and expedient to secure compliance."

Actions under Article 33 are extremely rare but recently taken in the case of forced labor in Myanmar. See the Follow-up to ILC Resolution on Myanmar (26kb pdf)discussed at the November 2000 Governing Body for more information.

4. Freedom of Association oversight. The Committee on Freedom of Association oversees compliance with the fundamental principles of freedom of association, i.e. the right of workers to organize and to engage in collective bargaining. It meets three times annually and consists of three government representatives, three employer representatives and three worker representatives. Complaints may be submitted against governments regardless of whether they have ratified freedom of association Conventions. After investigation, the Committee reports to the Governing Body which may request action by the complained against government. If the relevant conventions have been ratified, follow-up may be assigned to the Committee of Experts on the Application of Standards. Comments from the Freedom of Association Committee are available through ILOLEX.

5. Follow-up to the 1998 Declaration. The ILO Declaration on the Fundamental Principles and Rights at Work includes new procedures for reporting on un-ratified conventions. ILO Member Governments are required to submit annual reports on the principles underlying each of the eight conventions relating to core labor standards that they have not ratified. The ILO Secretariat publishes the reports along with comments from employers and trade unions from the respective countries. The ILO also publishes an annual global report on one of the four subjects of the core labor standards.

II. Workers and Employers Organizations

Trade Unions

The World Bank has been in dialogue with trade unions - at firm, country, and international levels - for a number of years. Trade unions are often key stakeholders in Bank-financed projects and adjustment loans and are important members of civil society. Country teams are encouraged to contact the national centers of the trade unions in the countries in which they work.

• Country reports on core labor standards by the International Confederation of Free Trade Unions. These reports serve to provide information on core labor standards to the World Trade Organization in response to the Singapore Ministerial Declaration which affirmed a commitment to internationally recognized core labor standards. The trade unions are understandably diligent in assessing the status of core labor standards; few, if any, countries are found in complete compliance under their scrutiny. Nonetheless, the reports contain very useful information on domestic legislation, government enforcement, and the extent of worker rights violations
• The International Confederation of Free Trade Unions (ICFTU)is a worldwide organization of independent trade union centers that represent 156 million workers in 148 countries. The ICFTU prepares the country reports listed above and a variety of papers and reports on labor standards and related subjects. Their website also lists regional contact information.
• The World Confederation of Labour (WCL)is an international confederation of autonomous and democratic trade unions from 113 countries. It is headquartered in Brussels, Belgium, and it has over 26 million members, primarily from developing countries. Aside from regional reports and specific papers on worker rights, the website also contains selected country-specific information under the heading "campaigns."

Employers Organizations

• The International Organization of Employers represents the interests of employers in international fora, particularly in the International Labour Organization (ILO). Their primary concern is that international labor and social policy promotes the viability of enterprises and creates an environment favorable to enterprise development and job creation. The IOE has affiliates in 129 countries. See the IOE Member Federations for contact information. While the organization does not systematically report on CLS in each country, they do publish material relating to labor standards generally. Furthermore, individual member organizations within Bank client countries may have useful information for the CAS diagnosis.

III. Other Sources of Information on Labor Standards Practices

• Human Rights Watch World Report. Human Rights Watch is an international non-profit, non-governmental organization that does research and advocacy on human rights. While not a systematic evaluation of core labor standards, the report does include treatment of basic worker rights in many countries.
• U.S. State Department County Reports on Human Rights Practices.The U.S. Congress requires annual reports on the status of human rights in each country that (a) receives US foreign aid and/or (b) is a member of the United Nations. The reports, typically numbering over 190, are submitted to Congress on February 25 of each year. These reports reflect the views of the U.S. government. Section 5 includes a discussion on discrimination and the remaing core labor standards are covered in section 6. The report also includes the right to strike and "acceptable conditions of work" (including health and safety and minimum wages) standards, which are not covered in the ILO's (and IDA's) definition of core labor standards.The U.S. State Department also produces an annual report, Trafficking in Persons with more detailed information on this form of forced labor. The Victims of Trafficking and Violence Protection Act of 2000, establishes that the US government may oppose World Bank loans/credits to countries which fall in Tier 3 according to this report.
• Amnesty International Annual Report 2003. This report documents human rights issues of concern to AI worldwide. The report includes entries on individual countries and territories, listed by region. Each of these entries gives a summary of the human rights situation in the country or territory and describes AI's specific human rights concerns there. Worker rights, including core labor standards are sometimes included, but not systematically analyzed for each country.
• Council of Europe. The Council of Europe's Social Charter of 1961 and the "Revised" Social Charter of 1996 establish a set of social and economic human rights, including those making up the core labor standards. The Council website includes considerable information on human rights in European countries, including transition countries.
• National Academies of Science Committee on Monitoring International Labor Standards. This committee of experts from government, academia, business, and labor is nearing the end of a 2-year project to identify valid and reliable sources of country-level data on labor standards and incorporate them into a database that will be used for monitoring labor practices and effectiveness of enforcement of national and international labor law.

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