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This article explores how the International Labour Organization (ILO) introduced management development programs in Argentina as a pilot project in developing countries in the late 1950s. By studying how the ILO worked together with actors at the national level, the article reveals how the ILO’s original idea to focus on top management development was reshaped through a dialogue with local actors within the context of tripartite cooperation between the government, business organizations, and unions. While the initiative was successful during the project period, it collapsed when Argentina’s government closed down the national productivity center with which the ILO was cooperating. While the tripartite principle was valuable for the first achievements, it was extremely vulnerable without the support of all partners.
One year ago, the Qatar World Cup was in full swing, and Qatar was omnipresent in our public and private spheres. For many, the Qatar 2022 World Cup will forever be intimately connected with the plight of migrant workers. This Article dives into the confluence of spectacle, counter-marketing, international—labor and human rights—law, and local reforms, which came together in the long decade which followed FIFA’s fateful decision in December 2010 to give the 2022 World Cup to Qatar. It starts by situating the FIFA World Cup 2022 within Qatar’s drive for soft power and nation branding, before turning to re-counting how the 2022 World Cup was “ambushed” in the name of Qatar’s migrant workers and their rights, putting the issue on the global agenda and triggering the involvement of the ILO. Thereafter, the Article discusses the effects of this ambush counter-marketing by engaging with the labor reforms introduced by the Qatari government, while highlighting their limits in terms of scope and implementation. The Article concludes with a general discussion on the blind spots and shortcomings of the turn to counter-marketing as a strategy to vindicate international human rights or labor rights.
At its founding in 1919, the International Labour Organization (ILO) selected its Governing Body from eight ‘states of Chief Industrial Importance’. The ILO’s attempt to define industrial importance was predicated on its seemingly expert-driven and statistical impartiality. As a technical organization, this standard was created to depoliticize the selection of its Governing Body. Yet, with its utilization of relative economic indicators, the standard ended up recreating a highly Eurocentric Governing Body. Resistance to these metrics by aggregately large but relatively underdeveloped economies, such as colonial India, reveals the inherently political nature of attempting to define industrial ‘importance’. This article examines the little-known history of how the Indian delegation to the ILO challenged the ILO’s Eurocentric metrics, constituting what it meant to be industrially important. In doing so, this article questions to what extent ‘technical’ international organizations can remain apolitical spaces and how our contemporary international institutions are responding to the increasing politicization of their function.
The ‘question of labour’ and its exploitation in the Third World has not been given ample consideration by contemporary international legal scholars in their historical examinations of the making of the international order. This article revisits the history of the interwar institutions of the League of Nations, particularly the International Labour Organization (ILO), to argue that international law reformulated imperialism through its re-articulation of labour relations, beginning with its quest to suppress slavery and ultimately regulate forced labour in Africa. International institutions contributed to the valorization of ‘free wage labour’ in Africa and the Third World through its international ‘native labour’ policies, the development of international labour standards, and especially the passing of the 1930 Forced Labour Convention. The article argues that international institutions safeguarded the processes of capitalist racial/colonial accumulation and labour exploitation by ideologically dis-embedding the violence of slavery and forced labour from ‘free wage labour’, veiling the structural unity and totality of the international legal order with racial capitalism. Drawing on the ‘Black radical/internationalist tradition’, I propose an expansive critique of the international order as a form of ‘enslavement’ to the structures of capitalism, so as to adequately expose international law’s structural embeddedness with labour exploitation, white supremacy, and racial capitalism.
In 2019, Thailand ratified the International Labour Organization Work in Fishing Convention to protect migrant fishers. The Thai government vigorously promoted the Convention among its constituents. Yet, despite the government’s proactivity, such norms have been weakened upon local translation. This phenomenon is not readily explained by existing norms research that pays scant attention to norms in the domestic space. To address this oversight, this article unpacks domestic processes of norm validation and makes a two-step argument. First, it argues that norm validation is crucial for instigating domestic implementation by allowing stakeholders to deliberate and contest the ‘appropriate’ application of norms. Second, it argues that the locally acquired normative understanding, as influenced by norm antipreneurs, or actors who defend the status quo, weakens norm implementation while the norms’ discursive strength is retained. In presenting the findings, this article contributes to the norms literature by illuminating a new life given to validated norms. The contribution also interrogates norms’ global–local dynamics by scrutinizing norm contestation and the extent to which it generates an internalized sense of legal obligation to implement international norms.
The importance of the struggle for labor rights and challenges to democracy in Africa can be linked to the decolonization process in the 1960s. Trade union formations had relative collective capacity to support agitation for political emancipation. The post-colonial relationship between labor movements and the state have been a mixed experience. We explore the role of labor rights as enhancers of democratic governance in Africa, using several countries as proxies for the continent. Exploration is informed largely by the ILO’s recent Centenary reflections, the link between labor rights and social justice, issues canvassed by the Global Commission on the Future of Work. The Commission provided a basis for continuing reflection among scholars and policy makers. It culminated in a rejuvenation and renewal of ILO mandate at the Centenary International Labor Conference, 2019.
Labor’s role in forging and sustaining democracies has long been recognized in international human rights law and social science literature, but union rights and density are declining around the globe, and unfavorable domestic law jurisprudence in many parts of the globe has undermined collective rights. This chapter explores the juxtaposition of labor’s exalted place in international human rights law with its subordinate position in domestic law. In international human rights instruments and jurisprudence, labor unions hold a special position, and freedom of association is the critical foundational right upon which other rights and interests are advanced. In social science literature labor unions have pro-democracy attributes. This chapterexplores whether the decline in union strength has created a political void that has been filled by more authoritarian tendencies.
The goal of this chapter is to elucidate the role and responsibility of the business sector for safeguarding these two rights by clarifying the origins, legal nature, scope and enforcement of obligations placed upon corporate actors. Specifically, the chapter examines whether and how the status of a duty-bearer affects the ambit of the two rights and obligations they give rise to. In other words, what are the differences between the role of businesses and that of states in securing the rights to work and just and favourable conditions of work? While the traditional (positivist) paradigm of human rights protection sees states as ultimately responsible for ensuring that rights are respected by everyone within their respective jurisdictions, certain aspects of the two rights may be fulfilled only by states. In that sense, the scope of duties arising out of the rights to work and just and favourable conditions of work which businesses can in theory be responsible for is materially different.
This paper explores the role played by the International Labour Organization (ILO) in the consultations and stocktaking during 2017 and the negotiations during 2018 leading up to the adoption of the Global Compact for Safe, Orderly and Regular Migration (GCM). It examines selected parts of the text of the GCM, with particular reference to the ILO's mandate of securing social justice and decent work, as well as the protection of migrant workers and governance of labour migration. The final part of the paper looks ahead to the ILO's role in the implementation of the GCM, with specific reference to the Arab states region, where migration for employment is significant and the governance challenges, particularly in relation to the protection of low-wage and low-skilled workers, are especially acute.
Edited by
Matthew Craven, School of Oriental and African Studies, University of London,Sundhya Pahuja, University of Melbourne,Gerry Simpson, London School of Economics and Political Science
Edited by
Matthew Craven, School of Oriental and African Studies, University of London,Sundhya Pahuja, University of Melbourne,Gerry Simpson, London School of Economics and Political Science
In the early years of the Cold War, important debates took place on the nature and scope of both slavery and forced labour. The adoption of the Supplementary Convention on the Abolition of Slavery in 1956 and the vote on the Convention on the Abolition of Forced Labour in 1957 were preceded by long and heated discussions within key international bodies such as the United Nations Social and Economic Council (‘ECOSOC’) and the International Labour Organization (‘ILO’). Yet, conventional legal histories tend to minimise these debates on the ground that they relate to the ‘political context’ of the Cold War. What is more, they tend to present the adoption of the two conventions as building blocks of the abolitionary project pursued by modern international law. My aim in this chapter is to destabilise such linear narratives. Focusing on the issue of forced labour, I will make five points.
This chapter moves away from identifying regulatory gaps and proposing reforms, and instead analyses how existing laws could provide an imperfect remedy for those who are not protected by anti-discrimination laws. Unfair dismissal options protect all workers against certain forms of dismissal.[1] This remedy seeks to address unfair contractual treatment and not discriminatory treatment. A positive element of these provisions is that there is no need to prove disability, or come out with a disability if it is invisible. This is a huge benefit for those who have a range of abilities which may not qualify as a disability under anti-discrimination laws, or who may desire not to identify as having a disability to themselves, their families or their employers.
This chapter will analyse how international legal norms have approached the regulation of ability equality in one area of life: exercising the right to work. The regulation of labour rights has traditionally been the province of the International Labour Organization (ILO). The ILO has been the primary source of international labour law since its formation 100 years ago in the Treaty of Versailles. Section I of this chapter will analyse how the ILO has approached ability diversity at work and then Section II will show how the Convention on the Rights of Persons with Disabilities (CRPD), with its disability human rights paradigm and statement on the right to work and employment, has transformed how international law regulates the rights of persons with disabilities to work.
Chapter 2 highlights the gaps that existed in the protection of the rights of persons with disabilities before the CRPD came onto the international human rights landscape. It also traces the principal disability-related developments that have occurred within the UN from the early 1970s to the present day. In doing so, it explores the evolution of the UN disability protection from a charity-based approach to a human rights model of disability. The chapter also provides an overview of the work of several UN bodies and agencies in the field disability, by analysing the role of the UN itself and some of its agencies, such as the International Labour Organization (ILO) and the World Health Organization (WHO), in promoting and protecting the rights of persons with disabilities.
Chapter 2 highlights the gaps that existed in the protection of the rights of persons with disabilities before the CRPD came onto the international human rights landscape. It also traces the principal disability-related developments that have occurred within the UN from the early 1970s to the present day. In doing so, it explores the evolution of the UN disability protection from a charity-based approach to a human rights model of disability. The chapter also provides an overview of the work of several UN bodies and agencies in the field disability, by analysing the role of the UN itself and some of its agencies, such as the International Labour Organization (ILO) and the World Health Organization (WHO), in promoting and protecting the rights of persons with disabilities.
This analysis investigates changing mobilization at the ILO in response to the labour and social rights shock created by EU and IMF demands in the EU sovereign debt crisis (Crisis Europe or euro-crisis). Mobilization means the purposeful use of legal norms and institutions by social movements and civil society groups to advance identified policy goals. It can be contrasted with the use of legal norms and institutions by individuals or entities to settle disputes affecting them. After introducing relevant features of euro-crisis and the ILO, the article develops an analysis that measures changing mobilization at the ILO during euro-crisis. It then shows how such an analysis makes two key contributions: first, to our understanding of the ILO and, second, to how we approach mobilization. First, by viewing the ILO as a rights mobilization structure, it shows the vitality and interest of doubted or neglected ILO supervision and complaints mechanisms. Five elements are underlined: the ILO is more than existing literature assumes; it questions the depiction of the ILO as a ‘toothless tiger’; the sharp divide between unions and NGOs is overstated; certain institutional design features make the ILO a good venue for transnational mobilization; the ILO is not transparent in terms of access to documents relevant to mobilization and compares poorly in this respect with UN Human Rights Treaty Bodies. Second, by setting it against existing literature, it is shown how measuring mobilization is distinctive within the broader human rights mobilization scholarship. The most important insights it introduces are: rejecting the assumption that mobilization inevitably follows a significant rights shock such as euro-crisis; addressing the puzzles of union ‘mobilization’ and motivation; operationalizing measurement of mobilization against the backdrop of venue choices; considering how to deal with an international organization which is both a mobilization venue and an engaged actor.
Official histories suggest that the International Labour Organization (ILO) adopted the term ‘informal sector’ as a replacement for ‘traditional sector’, which, in its pairing with the ‘modern sector’, had fallen out of favour. This article argues that the adoption of the informal sector concept is better understood as arising out of a different context: the ILO’s post-war efforts to generate a globally operational concept of unemployment for use in the ‘developing world’. ILO officials abandoned this project in the late 1960s when they realized that, where work for wages did not constitute a widespread social norm, an accurate measure of what they called ‘disguised unemployment’ was impossible to construct. That led the ILO to develop alternative constructs, including ‘employment in the informal sector’. However, it proved difficult for the agency to operationalize those, too, and it soon found itself losing control of the policy implications of the measures that it was producing.
The Commission on Legal Empowerment of the Poor (CLEP) states that workers in the informal economy can be legally empowered by bringing them within the framework of effective legal regulation, in particular, international labour standards. This paper acknowledges the value of extending rights to workers in the informal economy, but argues that CLEP's recommendations are impractical and unrealistic. It shows that neither international standards nor recent national legislation designed to promote the legalization of informal enterprises offers unqualified positive answers to resolve the plight of workers in the informal economy. Given the poverty of prevailing regulatory structures and the pervasive impact of inadequate structures of governance, workers in the informal economy justifiably distrust legal institutions and, as a consequence, do not, in the first instance, resort to legal institutions in their quest for empowerment. This paper offers examples of strategies that have successfully enhanced the social, political and economic power of workers in the informal economy. It concludes, however, that although the legal system has a role to play in consolidating the gains achieved by these strategies, law and legal institutions do not necessarily offer the best point of departure towards effectively empowering workers in the informal economy.