INTERNATIONAL LABOUR STANDARDS 2. Influence of international labour standards nternational Conventions and Recommendations – international labour standards – have influenced the development of international human rights law. Their impact on government policy and national legislation, even in countries where the relevant Convention has not been ratified, is significant. This can be attributed, to some extent, to tripartism as all ILO members actively participate in the adoption process of a Convention or Recommendation, from its introduction, through drafting and discussions, to the final discussion and adoption at the International Labour Conference. The ILO has a strict timetable for the adoption of its standards and this normally takes about two years.8 Once a Convention has been adopted, the ILO members aim to ensure its effective application at the national level. Workers’ and employers’ organizations are also engaged in this effort, and play a key role in monitoring the practical impact of ILO Conventions. Therefore, developing and fostering good relations with these organizations should be a major focus for indigenous peoples, minorities and NGOs – whether indigenous or minority NGOs, or NGOs working with indigenous peoples and minorities. International labour standards (also called ‘instruments’) are used as points of reference not only by member states but also by national, international and regional bodies to guide policy and action. They form an important body of international law and are of relevance in the drafting of new legal documents. This is due to the general principle that any new instrument should not fall below the standards set by existing ones. ILO standards set minimum guarantees on a range of issues. They have an important role in international standard-setting, not only at the ILO, but also for other international and UN bodies. For example, ILO instruments were taken into consideration when drafting the Universal Declaration of Human Rights (1948); the two UN Covenants on civil and political rights, and on economic, social and cultural rights; and the UN treaties on women and slavery. Convention No. 169 on Indigenous and Tribal Peoples (1989) has become a point of reference in indigenous rights, and this is of particular importance during the current drafting process of the UN Declaration on the Rights of Indigenous Peoples. It has also been used by state aid agencies such as the Danish Government’s International Development Assistance (DANIDA), by Germany and the Netherlands, and by international financial institutions, such as the Asian Development Bank and the World Bank, to orient their development policies. I 8 A principal characteristic of international labour standards is that they are applied in a flexible manner. This is reflected in their provisions, which often include language stating that the provisions are to be applied in a flexible manner – i.e. to the extent possible taking into account national conditions, etc. This is in order to respond to the need to make a Convention or Recommendation relevant worldwide. However, it has also led to criticism of the ILO as such wordings provide opportunities for governments to make as few concessions as possible when applying the provisions of international standards. International standards also provide guarantees against the adoption of national laws and regulations which are contrary to the ILO standards, as once a Convention is ratified, the government is bound by its provisions and has the responsibility to take action to implement them. Conventions also carry some moral force, as public condemnation of a sovereign state for its failure to live up to its international legal obligations is often seen as embarrassing to a government, and most governments are sensitive to public censure. ILO standards provide the legal and institutional framework to address issues of concern to its members. They also provide practical solutions regarding economic development; fair distribution of income; improved living and working conditions for all sectors; job creation; the promotion and protection of socially vulnerable groups (children, migrant workers, minorities and indigenous peoples, and women); and vocational training. They can also contribute to development, for the expansion of social protection to all sectors of the economy contributes significantly to development and social progress. As stated in the ILO Constitution: ‘The failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries.’ Since its inception in 1919, the ILO has adopted 183 Conventions and 194 Recommendations (as at September 2001). All deal with issues which are relevant to achieving the ILO’s aims and objectives, and cover a range of subjects concerned with the working world and also basic human rights. The ILO regularly reviews its standards to ensure its Conventions and Recommendations are relevant. If they are deemed out of date or otherwise unnecessary, standards are abrogated or revised. For example, the 1957 THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES