Historic ratification
Context:
- For the first time in the International Labour Organization (ILO)’s 101-year history, a labour standard has been universally ratified, with the Kingdom of Tonga being the last to ratify Convention 182.
News in detail
- ILO Convention No. 182 is the first ILO Convention to achieve universal ratification.
- It was also the most rapidly ratified Convention in the history of the ILO, with the majority of ratifications occurring within the first 3 years after it was adopted in 1999.
About International Labour Organisation
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About International Labour Standards
- International labour standards are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) and setting out basic principles and rights at work.
- They are either Conventions (or Protocols), which are legally binding international treaties that may be ratified by member states, or Recommendations, which serve as non-binding guidelines.
- In many cases, a Convention lays down the basic principles to be implemented by ratifying countries, while a related Recommendation supplements the Convention by providing more detailed guidelines on how it could be applied.
Eight core conventions of ILO
- The ILO Governing Body has identified eight “fundamental” Conventions, covering subjects that are considered to be fundamental principles and rights at work which are as follows
- Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
- Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
- Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol )
- Abolition of Forced Labour Convention, 1957 (No. 105)
- Minimum Age Convention, 1973 (No. 138)
- Worst Forms of Child Labour Convention, 1999 (No. 182)
- Equal Remuneration Convention, 1951 (No. 100)
- Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
India and the ILO
- Freedom of Association and Protection of Right to Organised Convention (No.87)
- Right to Organise and Collective Bargaining Convention (No.98)
These two have not been ratified by India while the other six have been ratified by India.
Conventions related to child labour
- The two ILO Conventions on child labour are Convention No.138 on Minimum Age and Convention No. 182 on the Worst Forms of Child Labour.
- These Conventions are “fundamental” Conventions. This means that, under the ILO Declaration on Fundamental Principles and Rights at Work , all ILO member States have an obligation to respect, promote and realize the abolition of child labour, even if they have not ratified the Conventions in question.
Convention No. 138
- The aim of ILO Convention No.138 on the minimum age is the effective abolition of child labour by requiring countries to:
1) establish a minimum age for entry into work or employment; and
2) establish national policies for the elimination of child labour.
Recommendation No. 146
- The Recommendation No. 146 which accompanies Convention No. 138, stresses that national policies and plans should provide for:
- poverty alleviation and the promotion of decent jobs for adults, so that parents do not need to resort to child labour;
- free and compulsory education and provision of vocational training;
- extension of social security and systems for birth registration; and
- appropriate facilities for the protection of children, and adolescents who work.
- To achieve the elimination of child labour, laws setting minimum ages for work should be embedded in such comprehensive policy responses.
Convention No. 182
- Convention No. 182 helped to focus the international spotlight on the urgency of action to eliminate as a priority, the worst forms of child labour without losing the long term goal of the effective elimination of all child labour.
- Convention No. 182 requires countries to take ratifying countries to take immediate, effective and time-bound measures to eliminate the worst forms of child labour as a matter of urgency.
Recommendation No. 190
- The Recommendation No. 190 , which accompanies Convention No. 182, recommends that any definition of “hazardous work” should include:
- work which exposes children to physical, psychological or sexual abuse;
- work underground, underwater, at dangerous heights or in confined spaces;
- work with dangerous machinery, equipment and tools or carrying heavy loads;
- exposure to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to health;
- work for long hours, night work, and unreasonable confinement to the premises of the employer.
Significance of these conventions
- Millions of young boys and girls have been rescued from hazardous conditions of work.
- These have resulted in significant increases in enrolments in primary education.
Still….
- However an estimated 152 million are trapped in child labour and 72 million of them are engaged in hazardous work.
Way forward:
- Current efforts would have to be stepped up significantly to achieve the ambitious goal of total abolition of the scourge of child labour by 2025.
- As the world prepares to designate 2021 as the year to abolish child labour, governments must seize the moment to instil hope in the future generations.
References:
- https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang–en/index.htm
- https://labour.gov.in/lcandilasdivision/india-ilo
- https://www.ilo.org/ipec/facts/ILOconventionsonchildlabour/lang–en/index.htm
- https://www.thehindu.com/todays-paper/tp-opinion/historic-ratification/article32349541.ece
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