COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part II. International Human Rights. 6/8   
5. The International Labour Organization (ILO)
The International Labour Organization (ILO) was founded in 1919 under the Treaty of
Versailles. The only element of the League of Nations to survive World War II, the ILO is
now a specialized agency of the United Nations. It has its own constitution and membership
and its own organs, budget and staff. It has concluded an agreement with the United
Nations, which governs their mutual relations and cooperation. There are four types of
complaint procedures under the ILO Constitution and conventions:
- Representations (articles 24, 25 and 26 (4) of ILO Constitution);
- Complaints (articles 26-to 29 and 31 and 34);
- Special Procedures for freedom of association (Conventions No.87, 98);
- Special surveys on discrimination.
5.1 The Complaints Procedure
Usually the ILO procedures are not available to individual complainants- only to a
government, a trade union, an employees association or a delegate to the ILO. The
procedures tend to be used most often in cases in which there is an allegation of a
widespread violation of rights.
A complaint must also be based on an ILO convention that the country in question has
ratified. Complaints may be submitted by: 1) governments 2) delegates to the
International Labour Conference and 3) the Governing Body of the
ILO.
5.2 ILO Provisions on the Rights of the Migrant Worker
The two main ILO Conventions designed to protect migrant workers are the Migration
for Employment Convention (Revised) [37] and
the Migrant Workers Convention (Supplementary Provisions)[38].
Other Conventions and Recommendations too provide for the protection of persons
with disabilities. They are:
Article 6 of the Migration for Employment Convention (Revised) states:
"Each Member for which this Convention is in force undertakes to apply, without
discrimination in respect of nationality, race, religion or sex, to immigrants lawfully
within its territory, treatment no less favourable than that which it applies to its own
nationals in respect of the following matters:
(...)
(b) social security (that is to say, legal provision in respect of employment injury,
maternity, sickness, invalidity, old age, death, unemployment and family responsibilities,
and any other contingency which, according to national law regulations, is covered by a
social security scheme)..."
Article 5 of the Discrimination (Employment and Occupation) Convention[39]provides:"...Any Member may, after consultation with representative
employers' and workers' organizations, where such exist, determine that other special
measures designed to meet the particular requirements of persons who, for reasons such as
sex, age, disablement, family responsibilities or social or cultural status, are generally
recognised to require special protection or assistance, shall not be deemed to be
discrimination."
The provisions of the Vocational
Rehabilitation and Employment (Disabled Persons) Convention, 1983[40],
Vocational Rehabilitation (Disabled) Recommendation, 1955 [41]
and the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation,
1983[42]apply to migrant workers, as they apply to all disabled workers.
This Convention (and Recommendations) aim to protect disabled workers in order to help
them to participate in national policies on vocational rehabilitation and employment.
The Migrant workers
Recommendation, 1975[43] states in Part B, article 20 that
"...all appropriate measures should be taken to prevent any special health risks to
which migrant workers may be exposed."
37. ILO Convention No. 97.
38. ILO Convention No. 143.
39. ILO Convention No. 111.
40. ILO Convention No. 159.
41. ILO Recommendation No. 99.
42. ILO Recommendation No. 168.
43. ILO Recommendation No. 151.
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