THE ROLE OF INTERNATIONAL LABOUR ORGANISATION IN ENSURING
SOCIAL SECURITY: AN ASSESSMENT
T.R. Subramanya*
ABSTRACT
International Labour Organisation (ILO) as a specialised agency of the United Nations has
since its inception a bestowed responsibility of ensuring social security and an environment
conducive to the working class across countries. Established post the Treaty of Versailles, the
organisation touched a milestone by the Declaration of Philadelphia in 1944. Alongside
providing for a descriptive and normative framework, social security was for the first
instance recognised by the organisation in 1944 through its Declaration in Philadelphia
which was elaborated and deliberated upon by the recommendations and conventions. This
organisation is often considered as the source for the new branch of international law under
the nomenclature of International Social Security Law. It has to its credit flagship
conventions and declarations which have not only defined social security and its minimum
standards but also explained through its organs the responsibility on individual countries to
promote and protect the rights of the human beings as social beings entitled to basic
minimum security for their existence. The working of the organisation is maintained in
multitude by the conventions and recommendations of the organisation. While the
recommendations pave way for structural developments, the conventions provide a concrete
structure to the working of the organisation and also govern its major working organs-
International Labour Office, International Labour Conference and the Governing body. This
paper analyses the functioning and establishment of the ILO. It also discusses as to how the
Organisation has promoted flexible security measures after the Declaration of the
Philadelphia in 1944 and allowed a secured framework for the working class in the countries
by application of uniform recommendations and conventions with liberty to each country to
modify the same as per convenience and for optimum application. The organs of the
organisation and the intricacies of the recommendations and the conventions are also
discussed in depth to understand the mechanism for the realisation of the goal of social
security.
*Research Fellow and Coordinator, Centre for Regulatory Studies, Governance and Public Policy (CRSGPP),
West Bengal National University of Juridical Sciences. E-mail- [Link]@[Link]. The author
sincerely acknowledges the research assistance provided by Ms. Sneha Singh and Mr. Surja Kanta Baladhikari
(Research Assistants in CRSGPP) while writing this article.
17
1. INTRODUCTION
Post world war developments led to the creation of specialised agencies by the United
Nations. International Labour Organisation (ILO) is one such specialised agency which was
established for the welfare of the working class and has been successful since its origin. The
regulation of labour issues originally emerged in Europe with laws generally written to serve
the interests of the elite rather than to protect labour.1 However, with the onset of the
industrial revolution, social activists began advocating labour protection, which might
mitigate the more unruly aspects of industrialisation. The working hours were long spent in
bad conditions, falling wages, women and children exposed to vulnerable working
conditions. Under these conditions, workers sought some mechanism to protect them and
naturally were led to combine into trade unions, realising that the collective action could
protect their position in a situation where individual action was largely hopeless.2
This paper considers as to how the International Labour Organisation was established
by the Treaty of Versailles; the way in which it made a head start towards its motto of
ensuring social security through the Declaration of Philadelphia (1944), which was the
cornerstone of the recognition of rights to social security ensured by the organisation through
its conventions and recommendations. The three major organs of the ILO, i.e., International
Labour Office functioning under the Director General, International Labour Conference
(World Industrial Parliament) and the Governing body, have promoted flexible social security
measures which can be adopted and adapted in all the countries across the globe without
bending the economic rules or degree of dependence while the labour standards are
incorporated. It has put in efforts to universalise the labour standards and ease the tension of
countries in dealing with situations of unrest.
2. EVENTS LEADING TO THE ESTABLISHMENT OF INTERNATIONAL
LABOUR ORGANISATION:
Nations, after the World War I, realised the need of international cooperation. The
concept of cooperation in the given scenario could only find a firm basis through an
organisation structured on the outlines of the society which could deal with the anomalies and
1
Bob Hepple, Labour Laws and Global Trade 27 (Hart Publishing Oxford and Portland, Oregon, 2005).
2
Bruce E. Kaufman, The Global Evolution of Industrial Relations 30 (ILO, Geneva, 2004).
18
shortcomings of the society. Thus, the International Labour Organisation was created in
1919.3 As an organisation it was then expected to very well present the mirage of the belief
that universal peace could be attained through social justice. The Labour Commission drafted
its Constitution at the Peace Conference, which was composed of representatives from nine
countries. The coming together of these countries led to the formation of a tripartite
organisation, which brought together representatives of governments, employers and the
working class and pursued allegiance to the principles of the organisation and ensured peace
and social justice unanimously. It was primarily set up on the ideas of International
Association for Labour Organisation4 and its qualities specifically were security,
humanitarian, political and economic considerations. The preamble of the institution clearly
emphasises its role of providing, regulating and protecting the working class, the vulnerable
groups of old-age, sick, diseased, young persons, women and children and their
empowerment and equal treatment.
The League of Nations founded as per the Paris Peace Treaty in 1919, was determined
to protect territorial integrity, independence of states, promotion of diplomacy to settle
disputes in between countries and improve the condition of the workers. Out of these core
principles, the objectives were primarily two fold. . One was to establish universal peace and
the other was to ensure that such peace could be established only if it was based upon social
justice5. Hence, ILO was built on the belief that peace and justice go hand in hand. For this
reason, ILO was initially an agency of League of Nations which aimed to achieve peace
globally.
3. ESTABLISHMENT OF INTERNATIONAL LABOUR ORGANISATION:
Established on the basis of Peace Treaty, commonly called the Treaty of Versailles,
the organisation was an effort of the United Nations to secure lasting peace through the
pursuit of social justice.6 Two important tasks were entrusted to ILO,7 the first was to
3
It was a part of the Treaty of Versailles, which ended the World War I, and was one of the main specialised
agencies of the United Nations.
4
The ILO’s Constitution laid down the rationale of the Organisation, spelled out its aims and purposes as well
as its detailed design and also identified certain “methods and principles for regulating labour conditions which
all industrial communities should endeavour to apply, so far as their special circumstances will permit” which
are of “special and urgent importance”.
5
Section 1 of part XIII of the Treaty of Peace of Versailles.
6
Article XIII of the Peace Treaty provided for the establishment of ILO. According to the International Training
Centre of the ILO, “the ILO Constitution, incorporated into Part XIII of the Treaty of Versailles, for the first
19
establish everywhere humane conditions of labour and second was to institute and apply a
system of International Labour Legislation, subject to reservations imposed by the
sovereignty of each state and conditions prevailing therein. Originally ILO had 44 member
countries from Europe, Asia, Africa and Latin America.8 The motive behind the creation of
the ILO was to provide for a considerably more powerful instrument than had hitherto existed
to expand and enforce a range of international labour standards and to establish a social
framework for economic exchange so as to create a foundation for an equitable world trading
system.
3.1. OBJECTIVES:
The International Labour Organisation is a multilateral system. It works for the
sustainable development of the economy through organised agencies and conventions. There
are certain principles considered as core principles which are also known as enabling
standards (respecting them is a precondition for the application of ILO norms); four
conventions of the ILO are known as priority instruments, which encourage member states to
ratify them because of their importance and are also termed as governance conventions
covering tripartism, employment policy and labour inspection.
The Constitution of ILO provides for four means of governance. They are tripartism,
the representatives of workers and employers and governments. The representatives of
workers and employers get equal status with that of governments. The ILO differs from other
intergovernmental organisations in two basic respects. The first of these is tripartism. The
second, less well known even to many international lawyers, lies in the particular ways in
which international labour standards are adopted, ratified and supervised.
The ILO is the only intergovernmental institution in which governments do not have
the exclusive voting power in setting standards and policies. Employers and workers have an
equal voice with governments in their decision-making processes. This concept is known as
time established a link between peace and social justice, stating that universal and lasting peace can be
established only if it is based upon social justice”.
7
Part XIII of the Treaty of Peace of Versailles.
8
Available at the [Link] Last accessed on 27.06.2016.
20
“tripartism”.9 The General Conference, which meets once in a year, is a meeting of the entire
membership that adopts the ILO’s instruments and approves its works.
3.2. The Declaration of Philadelphia 1944
Since inception, ILO has been involved in deals and events with varied degrees of
interference and success. In the first international labour conference (1919), public job
creation was advocated. It was considered to be an effective cure to the disease caused due to
economic depression and unemployment.
The purpose of ILO 1944 Declaration was to establish everywhere humane conditions
of work. The Conference was held in Philadelphia from April 20 to May 12, 1944. The
outcome of the Conference was the Declaration of Philadelphia. The inclusion of human
rights at the centre of the Philadelphia Declaration was significant. In that labour standards
were an indelible part of political democracy, bound up with a growing post-war emphasis on
human rights and the pursuit of industrial prosperity10. Some of the basic principles of the
1944 Declaration are: Lasting peace cannot be achieved unless it is based on social justice;
grounded in freedom, dignity, economic security and equal opportunity; labour should not be
regarded as a commodity or an article of commerce; freedom of association, for both workers
and employers, along with freedom of expression, and the right to collective bargaining.
These principles are fully applicable to all human beings, irrespective of their race, creed or
sex.11
The Declaration had a set of objectives which were further promoted by the
organisation amongst its member nations with the aim of promoting social justice. One of the
major highlights of this Declaration is the unanimous resolution on social provisions in the
peace settlement which suggested that the “Declaration of Philadelphia” be reaffirmed in
9
It is based on Article 3(1) of the ILO Constitution, which states that: “The General Conference shall be
composed of four representatives of each of the Members, of whom two shall be government delegates and the
two others shall be delegates representing, respectively, the employers and the workers of each of the
Members.”
10
See, Ernst Hass, Beyond the Nation State: Functionalism and International Organization (Stanford University
Press, California, 1964).
11
The Declaration further affirmed in Clause I(c) that “Poverty anywhere constitutes a danger to prosperity
everywhere, and must be addressed through both national and international action”. Freedom of Association
and Rights of the workers have been recognised by the ILO through specific conventions. James Clancy, The
Hidden Human Rights deficit: Freedom of Association, International Union Rights, Vol. 12, No. 2, Giant
retailers and trade Union rights (2005) pp. 18-19 available at [Link] last accessed
on 17.05.2016
21
any treaty of the United Nations. This practice would provide a formal acceptance to the
norms as well as subtly but effectively ensure compliance. The ILO constitution emphasises
on freedom of association as one of the building principles of ILO. The Declaration insists on
the role of the ILO for implementation of the necessary programmes with a view to ensuring
effective application of the right to collective bargaining.
3.3. BRIEF ACCOUNT OF THE INTERNATIONAL LABOUR
ORGANISATIONS’ ORGANS AND THIER FUNCTIONS:
The three agencies which are set up by the ILO as mentioned earlier are: International
Labour Office, International Labour Conference and the Governing Body which is the
executive Council of the organisation. International Labour Office is known as the Permanent
Secretariat of the International labour Organisation. It monitors the overall activities such as
reports and recommendations of the Governing body and the technical experts committee.
The Director General as the leader of the office makes decisions and undertakes
responsibilities of the office. This office has its own research and documentation centre
which updates the office of the economic development in the countries which have been
parties of the organisation through the process of ratification of the core principles.
International Labour Conference is another agency within the organisation and sets
International Labour standards and emphasises on the broad policies of ILO. It is mainly
considered as a forum for discussion of key social and labour questions and situations in
between member countries.
The Governing Body is the Executive Council of the ILO that meets three times a
year at Geneva and takes decisions on ILO policy and establishes the programme and the
budget, which is subsequently submitted to the conference for adoption.
4. KALEIDOSCOPE VIEWPOINT OF THE INTERNATIONAL LABOUR
ORGANISATION ON SOCIAL SECURITY:
Social security protection is defined in the ILO conventions as the protection that a
society provides to individuals and households to ensure access to healthcare and the
22
guarantee of income security, particularly in cases of old age, sickness, unemployment,
invalidity, work injury, maternity or loss of a breadwinner. Informal economies of the
developing world face the problem of lack of social security coverage and with globalisation
the problem has accelerated to new heights. While social security provides cohesion and
overall growth in the living standards, lack of it or deficiency cripples and adversely affects
all levels of the society. Social Security was recognised as a basic human right by the
Declaration of Philadelphia and its Income Security Recommendation which was
subsequently upheld by the Universal Declaration of Human Rights and the International
Covenant on Economic, Social and Cultural Rights.
Recognition and importance associated to the Labour standards of the ILO has led to
the international and regional developments of the social security strategy of the countries.
Coherence and integrity are characteristics of the organisation. The contribution of ILO to
certify social security objectives are unmatched. It is constructive with features in the
international and the national policy. The opportunity for useful and regular employment
under fair conditions, raising the living standards, establishment of minimum standards of
employment, provision for child welfare and for a regular income of those unable to work,
freedom of association and of collective bargaining, and provision for the training and
transfer of labour are some of the measures the ILO preaches to attain social security through
recommendations and conventions.12 The International Labour Organisation’s conventions
and recommendations find relevance and are ensured through social security extension
policies.13
Social Security (Minimum Standards) Convention14 1952 is one of the social security
extension policies of the ILO. Though it does not provide a single definition of social15
security; the definition can be construed from various parts of the Convention. To ratify this
Convention, ILO member state is obliged to comply (at the time of ratification) with at least
12
John Price, International Labour Organisation, International Affairs (Royal institute of International Affairs
1944-), Vol. 21, No. 1 (Jan., 1945), pp. 30-39.
13
The Social Security ( Minimum Standards) Convention, 1952 (No. 152); The Equality of Treatment (Social
Security) Convention, 1962 (No. 118); Invalidity, Old Age and Survivors’ Benefits Convention, 1967; The
Medical Care and Sickness Benefits Convention, 1969; The Maintenance of Social Security Rights Convention,
1982; The Employment Promotion and Protection against Unemployment Convention, 1988; the Job Creation in
Small and Medium–sized Enterprises Recommendation, 1998 and Maternity Protection Convention(Revised)
2000.
14
Convention No.102 of ILO.
15
Social Security: International Labour Organisation and India.
23
three of the following parts of the convention,16 medical care, sickness benefits,
unemployment benefits, old age benefits, workers’ compensation, family disability, maternity
and survivors’ benefits and at least one among three must be a provision concerning
unemployment, old age, workers’ compensation, disability or survivors benefits.
Social Security assured by this Convention through ratification by states provides
flexibility according to the financial status of the respective states. This Convention paved the
way for adoption of several specific conventions subsequently. Invalidity, Old Age and
Survivors Benefits Convention, 1967 and Medical Care and Sickness Benefits Convention,
1969 aimed at raising the requirements for the categories of protected persons and the level of
protection provided by national social security schemes covering these risks. Since the
beginning of 1990s, the ILO’s social security division has been given a mandate by the
International Labour Conference to search for solutions that can include ‘other workers’ in a
social protection scheme. Naturally, the ILO used the principles of social security as a human
right to govern its work.17
Social Security was recognised as a basic human right by the Declaration of
Philadelphia and its Income Security Recommendation which was subsequently upheld by
the Universal Declaration of Human Rights and the International Covenant on Economic,
Social and Cultural Rights18. Social assistance broadly described as ’Social security‘ has its
own safeguards due to its extensive scope of application and, therefore, the organisation
ensured minimum and immediate content of right19 to social security with a useful framework
being made available to financial institutions, donors, human right agencies and NGO’s
(working in the field) as a guiding principle. The contents of the principle are:
(i) The model: Social security as a human right and not as a commodity, relies on
collective funding. This can be of different types: public, professional or
16
See Law Mantra Think Beyond Others (International Monthly Journal, I.S.S.N 2321 6417) Last accessed on
17.05.2016.
17
See Wonter Van Ginnekan, “Social Security for the Informal Sector: Issues Option and tasks Ahead”, ILO,
Geneva 1996. Available on [Link]/public/english/110secsoc/ techmeet/[Link]., Last Accessed on
24th September, 2007.
18
Universal Declaration of Human Rights and the International Covenant on Economic and Social and Cultural
Rights furthered the major highlights of the Philadelphia Declaration and outlined the steps towards ensuring
Social Justice.
19
The Conference concluded that the essentials of social security to be provided to all are: provision of benefits
to households and individuals; Through public or collective arrangements; aimed at protecting against low or
declining living standard and that arises from basic risks and needs.
24
community. In all these cases, it is a basic and minimal requirement of the right
that it be supervised by an independent, participatory and regulatory body.
(ii) Contribution and Benefits: The benefits must be defined in advance, along with
contributions that do not exceed a reasonable percentage of available income
(whatever its source) how small or minimal the benefit is.
(iii) Risks: As per the principle of inter-dependence of all human rights, implementation
of the right to social security and ensuring the right to an adequate standard of
living in Article II of ICESCR has its related risks such as those in connection
with health care, sickness benefits, survivor’s benefits and maternity benefits.
These risks in sensitive issues must be given priority.
(iv) Coverage: States are to undertake negotiations with civil society aimed at
guaranteeing social security for all, including the self-employed, rural workers and
workers in the informal sector. Provision must be made for periods of time when
the insured person, family or group is not able to contribute to the system. In all
cases, social security programmes should be subject by law to such requirement.
It was largely believed that labour issues overwhelmingly fall within the domestic
field of law,20 characterised by a unique blend of particular rules negotiated by parties to an
employment relationship and general legislative imperatives enacted for the protection of
workers.21 Labour laws were almost entirely national, established by sovereign states. Like
many domestic legal fields, it also has had an international counterpart in a set of conventions
and declarations that detail rights and obligations with which states, as a subject of
international law, must comply with. Even then, it was mainly the domestic law that played
an important role. Two dramatic trends that emerged in the recent past are increasingly
challenging the traditional capacity of domestic labour law to promote justice in the world of
work. While the first relates to the introduction of flexible forms of production, which are
supplementing and in some cases supplanting traditional forms of mass production dependent
on routinised labour with hierarchically structured detailed rules and responsibilities.22
Facilitated in part by new developments in computer and information technology, these
20
Patrick Macklem, “Labour Law Beyond Borders” 5 (3) JIEL 1 (2002).
21
Ibid.
22
Ibid.
25
flexible forms of production rely on an increasingly versatile labour force, motivated by the
spirit of cooperation and generalism, to produce customised products just in time to meet the
ever-shifting consumer demand. The second relates to the onset of economic globalisation,
manifest in many bilateral, regional and international agreements, especially those supervised
by the World Trade Organisation, promoting trade liberalisation. By gradually introducing
reciprocal tariff reductions and eliminating non-tariff import barriers, these agreements
represent the legal superstructure of a new international economic order, where capitalism
increasingly operates on a global scale and possesses the capacity to move relatively freely
across national boundaries.23 The International Labour Conference in 2001 having observed
the changing trends adopted the Resolution and conclusions concerning social security.
5. LEGAL EFFECT OF THE CONVENTIONS AND RECOMMENDATIONS OF
THE INTERNATIONAL LABOUR ORGANISATION:
International Labour Organisation, like any other specialised agency of the United
Nations, has its own unique features. This agency has constituted model laws. This has
placed the organisation on the productive and constitutional path.24 The ILO as an
organisation cannot achieve its goals without the support from other bodies and governments.
The objects have to be delivered through efforts and the interest of the ILO has shifted from
enforcing its standards to avoidance of harmful policies and promotion of those which the
organisation considers important. To ensure maximum adherence to its objectives and
attainment of social justice, ILO functions through an organised supervisory system. This
system other than reporting obligations on governments also suggest adversarial ‘special
procedures’ as and when required. International labour standards are laid down to either
promote productive work conditions or decent terms of freedom, dignity and security of the
working class. Such standards are put to practice either through conventions,
recommendations or protocols of the organisation. While the conventions have binding effect
on the countries, the effect of recommendations is more persuasive in nature.
23
Also see Articles 3, 22, 23 and 25 of the Universal Declaration of Human Rights, Article 34 of Charter of
Fundamental Rights of European Union and Articles 6 and 9 of the International Covenant on Economic and
Social and Cultural Rights.
24
Brian Langille, The Future of ILO Law, and the ILO, Proceedings of the Annual Meeting (American Society
of International Law), Vol. 101 (March 28- 31, 2007), pp. 394-396 available at
[Link] last accessed on 17.05.2016.
26
The supervisory function is primarily to ensure compliance with the conventions.
Conventions are legally binding in nature. ILO has adopted, revised and withdrawn many
conventions to adapt itself to the changing nature of the industrial developments of the global
economy. Once adopted, convention has to be ratified by a minimum number of countries
and then the norms contained therein are to be complied with. ILO till its 90th year of being in
existence has had 189 Conventions and 202 recommendations. The Governing Body however
has identified of eight conventions as core conventions as they covered subjects considered as
fundamental principles and rights at work. These eight core principles have been ratified by
more than 150 countries. These Conventions are classified according to the importance
attached to them by the organisation25. The conventions once ratified have a binding effect on
the countries which ratify them. These conventions are drafted by the Independent technical
body of the organ and are ratified by the countries. The core principles and rights expressed
therein are covered in the ILO Declaration on fundamental principles and Rights at Work of
1998 include: the right to establish free and independent workers’ and employers’
organisations; right to organise, effective recognition of right to collective bargaining,
elimination of all forms of compulsory and forced labour; abolition of child labour; equal
remuneration to men and women and elimination of discrimination in respect of employment
and occupation. Viewed as enabling standards, application of ILO norms are guided through
them. These conventions are adopted by the countries but it is also subject to the review
process from the countries. There are reports which form basis of dialogue for improvement
of the compliance standards by these countries.
Recommendations by the Organ are not as binding as conventions and more voluntary
with the option for acceptance and practice by the countries ratifying the principles of the
organisation. These recommendations are usually in the areas of work of the organisation‘s
multilateral cooperation, global economic recovery and job creation and promotion of
international labour standards. Usually in case of recommendations, member country should
report to the Director General of the International Labour Office. The report provides position
25
In case of Convention adopted by the ILO a member state shall enforce a convention in question irrespective
of the fact whether a member has ratified or not in good faith. In order to become a convention effective in
International Law must always be communicated by the Head of the State or Prime Minister or Minister
responsible for foreign affairs or Labour to the Director- General of ILO. If this is not done, it may be that a
Convention is regarded by a State as “ratified” in its internal legal system, but this will be of no effect in the
international legal system.
27
of law and practice of the federation and the state practices. The office may also like to
understand the extent to which the practices and suggestions have been given effect to. These
requests sought by the International Labour Office can be based on representations preferred
by any employers or workers’ organisations alleging non observation of the standards of the
organisation despite the country, in which such organisations are based, having ratified the
Conventions and accepted the recommendations.
6. CONCLUSION:
The conventions of the International Labour Organisation have had a legal and
binding effect while the recommendations have a persuasive effect on the countries.
However, there has been an evolving and paradigm shift in the nature of social security which
a class of individuals or a particular country looks forward to. The labour standards in a
developed country may or may not suit the requirements of the least developed country and
vice versa. The rate of development varies and so does the economic dependence on other
nations. Ratification being an important content, the labour standards of the ILO cannot be
protracted for everyone as a uniform yardstick for strict adherence. However, some social
theorists are also of the opinion that ILO, as a specialised agency of the United Nations, has
reached a point of saturation wherein the process of law making is diminishing and the rate of
ratification by the countries is also decreasing. Reporting rates of the countries has decreased
and the effectiveness of the conventions and recommendations are limited to the extent of
being operable.26
Be that as it may, as one of the most successful specialised agencies of the United
Nations, ILO has adapted itself by providing for flexible labour standards for the countries
depending on their capacity to enforce. However, as the economic aspect of such countries
are continuously changing with globalisation, liberalisation as if a kaleidoscope, it imposes an
indirect responsibility on the organisation to evolve itself in terms of functioning principles
with time in a more cost-effective manner especially on issues related to social security.
Therefore, it would be apt to mention that what has been achieved by the organisation in the
field of social security is appreciated but what has not been addressed in the process of
26
Daniel Blackburn, ILO Social Justice Declaration, International Union Rights, Vol. 15 No.3 Focus on
Strategic Corporate Campaigns: IUR brings together international perspectives on an innovative tactic
developed by US trade unions (2008), pp. 24- 25 available at [Link] last accessed
on 17.05.2016.
28
evolution and due to its newness as a concern of the organisation has to be attained at a
galloping speed because drawbacks of social security27 cannot be given a leeway at the cost
of development of a country.
27
Social security has its own share of positive and negative effects. While it helps the vulnerable with
opportunity to earn an income and increase their potential, it also discourages people from working and saving,
affects the creation of employment and encourages people to withdraw prematurely with the expectation of
being secured through provisions.
29
