This article has been written by Ms. Kaza Mounika Lakshmi Sruti, a second-year student of ICFAI Law School, IFHE, Hyderabad.

ABSTRACT

It’s 1945, World War II is coming to an end, the country is collapsing and the world longs for peace. Between April 25 and June 26, 1945, representatives from 50 countries gathered at the United Nations Conference in San Francisco, California. Over the next two months, they continued to draft and sign the United Nations Charter, creating a new international organization, the United Nations. The United Nations hoped they could prevent the world war they had just experienced.

The United Nations (UN) is an international organization that was created on October 24, 1945. The United Nations (UN) was the second multifunctional international organization founded in the twentieth century, with a global scope and membership. Its predecessor, the League of Nations, was established by the Treaty of Versailles in 1919 and dismantled in 1946. The UN is headquartered in New York City, with regional offices in Geneva, Vienna, and Nairobi. The official languages are Arabic, Chinese, English, French, Russian, and Spanish.

The International Labour Organisation is the specialised agency of the United Nations which was established in 1946. Its unique tripartite structure ensures that workers, companies, and governments all have an equal say, giving a unique platform for supporting decent employment for all men and women.

HISTORY OF UNITED NATIONS

The first major step towards the formation of the United Nations was taken August 21-October 7, 1944, at the Dumbarton Oaks Conference, a meeting of the diplomatic experts of the Big Three powers plus China (often referred to as the “Big Four”) held at Dumbarton Oaks, a Washington, D.C. estate. Although the four nations agreed on the overall goal, form, and function of a new global organization, the summit ended with ongoing disagreements about membership and voting. At the Yalta Conference, a gathering of the Big Three in a Crimean resort city in February 1945, Roosevelt, Churchill, and Stalin established charter clauses restricting the Security Council’s jurisdiction. 

Furthermore, they secured a preliminary agreement on the number of Soviet countries to be awarded autonomous membership in the UN. Finally, the three leaders decided that the new organization would have a trusteeship structure to replace the League of Nations’ mission system.

The Dumbarton Oaks recommendations, with amendments from the Yalta Conference, served as the foundation for deliberations at the United Nations Conference on International Organisation (UNCIO), which met in San Francisco on April 25, 1945, and resulted in the final UN Charter. Representatives from 50 countries from all geographic regions of the world attended the San Francisco meeting. This includes 9 from Europe, 21 from the Americas, 7 from the Middle East, 2 from East Asia, and 3 from Africa, as well as one each from the Ukrainian Soviet Socialist Republic and the Belorussian Soviet Socialist Republic (together with the Soviet Union), and 5 from British Commonwealth nations. Poland, which was not present at the summit, was allowed to become a founding member of the UN. The Security Council’s veto authority (among the permanent members) was preserved, but any member of the General Assembly might propose topics for consideration. Other political concerns handled by compromise included the organization’s function in promoting economic and social welfare, the status of colonial territory, the allocation of trusteeships, the status of regional and defence agreements, as well as Great Power dominance versus state equality. The United Nations Charter was unanimously adopted and signed on June 26 and promulgated on October 24, 1945.

UNITED NATIONS PRINCIPAL ORGANS

The United Nations has 6 principal organs:

1. The United Nations General Assembly: The General Assembly of the United Nations is the sole body in which all UN members are represented, and it performs deliberative, supervisory, financial, and elective functions on any matter covered by the UN Charter. Its principal function, however, is to examine topics and make suggestions, with little authority to enforce its decisions or compel official action. Other responsibilities include admitting new members, selecting members of the Economic and Social Council, the non-permanent members of the Security Council, and the Trusteeship Council, supervising the activities of the other UN organs from which the Assembly receives reports, and taking part in the election of judges to the International Court of Justice and the selection of the secretary-general. Typically, decisions are made by a simple majority vote. However, Important problems, such as new member admission, financial matters, and peace and security issues, require a two-thirds majority.
2. The United Nations Security Council: The United Nations Security Council originally consisted of 11 members including 5 permanent (China, United Nations, France, United Kingdom, Russia Federation) and 6 non-permanent. However, after the amendment to the UN Charter in 1965, the total strength increased to 15 members including 5 permanent and 10 non-permanent members. The non-permanent members are elected by the General Assembly for a period of 2 terms. Permanent Members of the UNSC enjoy Veto power while passing the resolution. Even if 1 permanent member of the UNSC doesn’t vote for the resolution the resolution will not be passed in UNSC. 
3. The Secretariat: The major tasks of the Secretariat include translating, interpreting, and providing services for a huge number of meetings, in addition, tasks also include various studies, investigations, and preparing reports. The Secretariat is headquartered in New York. The secretary-general, the senior administrative officer of the United Nations, is chosen for a five-year renewable term by a two-thirds majority of the General Assembly, with the proposal of the Security Council and the consent of its permanent members.
4. The United Nations Trusteeship Council: The Trusteeship Council was established to oversee the governance of trust areas and guide them towards self-government or independence. The trusteeship system, like the mandate system of the League of Nations, was founded on the principle that colonial territories taken from defeated countries should not be annexed by the victorious powers but rather administered by a trust country under international supervision until their future status was determined. From 1994, additional functions for the council have been suggested, such as managing the global commons (e.g., the seabed and outer space) and functioning as a platform for minority and indigenous communities.
5. The United Nations Economic and Social Council: ECOSOC (Economic and Social Council) was established under the UN Charter which is tasked with recommending worldwide action on economic and social challenges, promoting universal human rights, and promoting global cooperation in health, education, culture, and related areas. ECOSOC conducts research, drafts resolutions, proposals, and conventions for consideration by the General Assembly, and manages the work of other UN programmes and specialised agencies.
6. International Court of Justice: The International Court of Justice, also referred to as the World Court, is the main judicial instrument of the UN. It is headquartered at Hauge. The court’s 15 judges are elected by the General Assembly and the Security Council, who vote independently. Judges may not be nationals of the same state, and they must represent a cross-section of the world’s main legal systems. Judges serve nine-year mandates and are eligible for re-election. 

BACKGROUND OF THE INTERNATIONAL LABOUR ORGANISATION (ILO)

The International Labour Organisation was established in 1919 by Part XIII of the Versailles Peace Treaty, which ended World War I. It sprang from nineteenth-century labour and social movements that resulted in broad calls for social justice and greater living conditions for the world’s working people. After the League of Nations disbanded in 1946, the ILO became the United Nations’ first specialised agency. The original membership of forty-five countries in 1919 had expanded to 121 by 1971.

INTERNATIONAL LABOUR ORGANISATION (ILO)

The International Labour Organisation (ILO) works to promote social justice and internationally recognised human and labour rights, based on its fundamental goal that social justice is necessary for universal and long-term peace. Trade unions play an important role in policy development at the ILO, hence the Secretariat’s Bureau for Workers’ Activities is devoted to promoting autonomous and democratic trade unions so that they can effectively protect workers’ rights and interests. ILO also performs supervisory functions like monitoring the implementation of ILO conventions ratified by its members.  The organisation was awarded the Nobel Peace Prize in 1969 for its efforts to promote class peace and fairness for workers. There are a total of 187 members in ILO to date. 

STRUCTURE OF INTERNATIONAL LABOUR ORGANISATION (ILO)

The ILO is based on the tripartite premise. The ILO consists of three parts: the International Labour Conference, the Governing Body, and the International Labour Office.

The International Labour Conference

• The International Labour Conference sets the ILO’s progressive policy. The Conference is an annual event held in Geneva, Switzerland. The meeting gathers together all ILO delegates.
• Function: It is a panel that reviews key labour concerns.

The International Labour Organization’s Governing Body

• The International Labour Organization’s Governing Body serves as its executive body. The governing body meets in Geneva three times every year. The office serves as the organization’s secretariat.

• It consists of 56 titular members and 66 deputy members.
• Functions: 

• Determines the agenda and policies of the International Labour Conference.
• It adopts the Organization’s proposed Programme and Budget for submission to the Conference.
• Election of Director General. 

The International Labour Office

• The International Labour Office is the Permanent Secretariat of the International Labour Organisation. 
• Functions:

• It decides on ILO operations and is overseen by the Governing Body and the Director General.
• ILO member states convene regional meetings regularly to discuss concerns specific to their areas.
• Each of the ILO’s 183 Member States is entitled to send four representatives to the Conference: two from the government and one each from workers and employers, who may speak and vote independently.

CORE CONVENTIONS OF THE INTERNATIONAL LABOUR ORGANISATION (ILO)

There are a total of 8 conventions which are ratified by 135 member states. 

1. Forced Labour Convention (No. 29).
2. Abolition of Forced Labour Convention (No. 105)
3. Equal Remuneration Convention (No. 100)
4. Discrimination (Employment Occupation) Convention (No. 111)
5. Minimum Age Convention (No.138)
6. Worst Forms of Child Labour Convention (No.182)
7. Freedom of Association and Protection of the Right to Organised Convention (No.87)
8. Right to Organise and Collective Bargaining Convention (No. 98)

INDIA AND INTERNATIONAL LABOUR ORGANISATION (ILO)

India is a founding member of the International Labour Organisation (ILO) and became a permanent member of ILO in 1922. ILO office was inaugurated in India in 1928. India has ratified 47 conventions and 1 protocol of ILO. After 35 years, India acquired the Chairmanship of the International Labour Organisation, ushering in a new chapter in India’s 100-year fruitful partnership with the ILO. Shri Apurva Chandra, Secretary (Labour and Employment), was chosen Chairperson of the International Labour Organisation’s (ILO) Governing Body for the term October 2020–June 2021. The Governing Body (GB) is the ILO’s highest executive body, making decisions on policies, programmes, agenda, and budget, as well as electing the Director General.

IMPACT OF INTERNATIONAL LABOUR ORGANISATION (ILO) IN INDIA

The International Labour Organisation (ILO), a specialised UN body, seeks to improve global social justice and working conditions. It has had a considerable impact on India’s labour and employment policies since its inception. The ILO has a considerable influence on the following areas in India: The ILO has affected India’s employment laws and regulations. As an ILO member and ratifier of various ILO conventions, India has helped to shape the country’s labour legislation. These contracts address issues such as freedom of association, collective bargaining, child labour, forced labour, non-discrimination, workplace health and safety, and others. The ILO’s suggestions and technical support have contributed to the improvement of India’s labour laws and practices. The ILO’s Decent Work Agenda, which prioritises the promotion of productive job opportunities, fair remuneration, social support, and workplace rights, has influenced India’s labour policy. India adopted the Decent Work Agenda as a guiding concept in its National Employment Policy, incorporating its ideas into a variety of labour and social welfare programmes to improve working conditions, encourage job creation, and provide social protection to workers. The ILO’s global effort to eradicate child labour has had a substantial beneficial impact in India, but it is still a huge societal concern. The ILO has given India with technical assistance and direction as it develops policies and programmes targeted at eradicating child labour and rehabilitating those affected children. The ILO has assisted India in implementing measures to reduce child labour, such as education, social protection, and poverty-reduction projects. India has benefited from ILO capacity-building programmes and technical support in a variety of labour and employment-related disciplines, including as labour market information systems, labour inspection, social security, occupational safety and health, and skill development. As a result, India’s institutional capacity to effectively enforce labour laws and regulations, improve working conditions, and promote decent job prospects for its people has grown.

CONCLUSION

In conclusion, the United Nations (UN) and the International Labour Organization (ILO) play crucial roles in addressing global challenges related to labour, employment, and social justice. The UN, as a global organization, provides a platform for member states to collaborate on a wide range of issues, including peace, security, and development. Within the UN system, the ILO stands out as a specialized agency dedicated to promoting social justice and fair labour practices.

The ILO’s mission revolves around the creation of decent work opportunities, the protection of workers’ rights, and the improvement of working conditions worldwide. Through its tripartite structure, which involves governments, employers, and workers, the ILO fosters dialogue and cooperation to develop international labour standards and policies. These standards cover a broad spectrum of topics, from fundamental principles and rights at work to specific issues such as occupational safety, child labour, and social protection.

In a rapidly changing world, characterized by technological advancements, globalization, and evolving labour markets, the collaboration between the UN and ILO becomes even more critical. It is through joint efforts, policy coherence, and international cooperation that these organizations can effectively respond to emerging challenges and promote a future of work that is fair, inclusive, and respectful of human dignity.

REFERENCES

1. https://www.un.org/en/about-us/history-of-the-un
2. https://www.britannica.com/topic/United-Nations/Organization-and-administration
3. Governments come under pressure at UN and ILO to designate seafarers as key workers
4. The ILO World Employment Program research agenda on development and migration – Jill Jensen, 2022
5. International Labour Organization – History – NobelPrize.org
6. https://www.ilo.org/global/about-the-ilo/history/lang–en/index.htm
7. India & ILO | Ministry of Labour & Employment|Government of India
8. Influence of ILO in India: Critical Analysis
9. https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang–en/index.htm
10. https://www.ilo.org/global/about-the-ilo/lang–en/index.htm