Migrants affected by crisis situations

X. Migrants affected by crisis situations

28. Any measures taken under this Part, in should be given to migrants, especially migrant

26. Taking into account that special attention

the event of refugee influx, are contingent on: workers, who have been made particularly

(a) national and regional circumstances, taking vulnerable by crisis, Members should take

into account applicable international law, measures, in accordance with national law and

fundamental principles and rights at work applicable international law, to:

and national legislation; and (a) eliminate forced or compulsory labour,

(b) Members ’ challenges and constraints in including trafficking in persons;

terms of their resources and capacity to (b) promote, as appropriate, the inclusion of

respond effectively, taking into account migrants in host societies, through access

needs as well as priorities expressed by the to

representative organizations of entrepreneurship and income-generation

labour markets,

including

most

employers and workers. opportunities, and through decent work;

29. Members should acknowledge the vital (c) protect and seek to ensure labour rights

equitable burden- and and a safe environment for migrant

importance

of

responsibility-sharing. They should reinforce

Building social protection systems

international cooperation and solidarity so as to (c) facilitate the recognition, certification, provide predictable, sustainable and adequate

accreditation and use of skills and humanitarian and development assistance to

of refugees through support the least developed and developing

qualifications

appropriate mechanisms, and provide countries hosting large numbers of refugees,

access to tailored training and retraining including in terms of addressing the

opportunities, including intensive language implications for their labour markets and

training;

ensuring their continued development.

(d) enhance

the capacity of public

services and improve appropriate, to:

30. Members should take measures, as

employment

cooperation with other providers of (a) foster

services, including private employment opportunities for refugees to access

agencies, to support the access of refugees livelihood

to the labour market; markets, without discriminating among

(e) make specific efforts to support the refugees and in a manner which also

inclusion in labour markets of refugee supports host communities; and

women, young persons and others who are (b) formulate national policy and national

in a situation of vulnerability; and action

(f) facilitate, as appropriate, the portability of authorities responsible for employment and

plans, involving

competent

work-related and social security benefit labour and in consultation with employers ’

including pensions, in and workers ’ organizations, to ensure the

entitlements,

accordance with the national provisions of protection of refugees in the labour market,

the host country. including with regard to access to decent

34. Consistent with the guidance provided in work and livelihood opportunities.

Parts V, VIII and IX, Members should promote

equality of opportunity and treatment for information to assess the impact of refugees on

31. Members should

collect

reliable

refugees with regard to fundamental principles labour markets and the needs of the existing

and rights at work and coverage under relevant labour force and of employers, in order to

labour laws and regulations, and in particular: optimize the use of skills and human capital

(a) educate refugees about their labour rights that refugees represent.

and protections, including by providing

32. Members should build the resilience and information on the rights and obligations of strengthen the capacity of host communities by

workers and the means of redress for investing in local economies and promoting

violations, in a language they understand; full, productive, freely chosen employment and

(b) enable the participation of refugees in decent work, and skills development of the

representative organizations of employers local population.

and workers; and

33. Consistent with the guidance provided in (c) adopt appropriate measures, including Parts IV, VI and VII, Members should include

legislative measures and campaigns, that refugees in the actions taken with respect to

combat discrimination and xenophobia in employment, training and labour market

the workplace and highlight the positive access, as appropriate, and in particular:

contributions of refugees, with the active (a) promote their access to technical and

engagement of employers ’ and workers’ vocational training, in particular through

organizations and of civil society. ILO and relevant stakeholder programmes,

35. Members should consult and engage in order to enhance their skills and enable

employers ’ and workers’ organizations and them to undergo further retraining, taking

other relevant stakeholders with respect to the into

access of refugees to labour markets. repatriation;

account possible

voluntary

36. Members should support host countries (b) promote their access to formal job

to strengthen their capacity and build opportunities, income-generation schemes

resilience, including through development and

assistance, by investing in local communities. vocational training and guidance, job

placement assistance, and access to work VOLUNTARY REPATRIATION AND permits, as appropriate, thereby preventing

REINTEGRATION OF RETURNEES informalization of labour markets in host

communities;

37. When the security situation in the country of origin of refugees has improved sufficiently, Members should collaborate to facilitate the

International standards and human rights instruments

voluntary repatriation of refugees in conditions

XIII. International cooperation

of safety and dignity, and to support their

42. In preparing for and responding to crisis labour market reintegration, including with the

Members should strengthen assistance of international organizations.

situations,

cooperation and take appropriate steps through

multilateral arrangements, and relevant stakeholders to develop specific

38. Members should collaborate with the ILO

bilateral

or

including through the United Nations system, programmes for returnees to facilitate their

international financial institutions and other vocational training and reintegration in the

regional or international mechanisms of labour market.

coordinated response. Members should make

39. Members should collaborate, including full use of existing arrangements and with the assistance of relevant international

established institutions and mechanisms and organizations, to support the socio-economic

strengthen them, as appropriate. integration of returnees in their countries of

43. Crisis responses, including support by origin, through measures set out in Parts IV to

regional

and

international organizations,

IX, as appropriate, in a manner which supports should provide for a central focus on the economic and social development of local

employment, decent work and sustainable populations.

enterprises, and should be consistent with

40. Taking into account the principle of applicable international labour standards. burden- and responsibilitysharing, Members

44. Members should cooperate to promote should support countries of origin to strengthen

development assistance and public and private their capacity and build resilience, including

sector investment in crisis response for the through development assistance, by investing

creation of decent and productive jobs, in local communities in which returnees are

business development and self-employment. reintegrated and by promoting full, productive,

45. International organizations should freely chosen employment and decent work.

reinforce their cooperation and the coherence

XII. Prevention, mitigation

of their crisis responses within their respective

and preparedness

mandates, making full use of relevant international

policy frameworks and

41. Members should take measures, in

arrangements.

particular in countries in which there are foreseeable risks of conflict or disaster, to build

46. The ILO should play a leading role in resilience, in consultation with employers ’ and

assisting Members to provide crisis responses workers ’ organizations and other stakeholders,

based on employment and decent work and to prevent, mitigate and prepare for crises in

focusing on employment promotion, labour ways that support economic and social

market integration or access, as appropriate, development and decent work, through actions

capacity development and institution building, such as:

in close cooperation with regional and international institutions.

(a) identification of risks and evaluation of threats to and vulnerabilities of human,

47. Members should strengthen international physical,

cooperation, including through the voluntary institutional and social capital at local,

and systematic exchange of information, national and regional levels;

economic,

environmental,

knowledge, good practices and technology for promoting peace, preventing and mitigating

(b) risk management, including contingency

recovery and building planning, early warning, risk reduction and

48. There should be close coordination of and (c) prevention and mitigation of adverse

emergency response preparedness; and

complementarity among crisis responses, as effects,

appropriate, in particular between humanitarian continuity management in both the public

including through

business

and development assistance, for the promotion and the private sector, taking into account

of full, productive, freely chosen employment the Tripartite Declaration of Principles

and decent work for peace and resilience. concerning Multinational Enterprises and

Social Policy and the ILO Declaration on

XIV. Final provision

Fundamental Principles and Rights at Work

49. This Recommendation supersedes the and its Follow-up (1998).

Employment (Transition from War to Peace) Recommendation, 1944 (No. 71).

ILO Constitution, Declarations and Resolutions

ILO Constitution, 1919 Preamble

MEMBERSHIP Whereas universal and lasting peace can be

2. The Members of the International Labour established only if it is based upon social

Organization shall be the States which were justice;

Members of the Organization on 1 November And whereas conditions of labour exist involving

1945 and such other States as may become such injustice hardship and privation to large

Members in pursuance of the provisions of numbers of people as to produce unrest so great

paragraphs 3 and 4 of this article. that the peace and harmony of the world are

3. Any original member of the United Nations imperilled; and an improvement of those

and any State admitted to membership of the conditions is urgently required; as, for example,

united nations by a decision of the general by the regulation of the hours of work including

assembly in accordance with the provisions of the establishment of a maximum working day

the charter may become a member of the and week, the regulation of the labour supply,

Labour Organization by the prevention of unemployment, the provision

International

communicating to the director-general of the of an adequate living wage, the protection of the

international labour office its formal acceptance worker against sickness, disease and injury

of the obligations of the constitution of the arising out of his employment the protection of

International Labour Organization. children, young persons and women, provision

4. The General Conference of the International for old age and injury, protection of the interests

of workers when employed in countries other Labour Organization may also admit Members to the Organization by a vote concurred in by two-

than their own, recognition of the principle of equal remuneration for work of equal value,

thirds of the delegates attending the session, including two-thirds of the Government

recognition of the principle of freedom of association, the organization of vocational and

delegates present and voting. Such admission shall take effect on the communication to the

technical education and other measures; Director-General of the International Labour Whereas also the failure of any nation to adopt

Office by the government of the new Member of humane conditions of labour is an obstacle in

its formal acceptance of the obligations of the the way of other nations which desire to

Constitution of the Organization. improve the conditions in their own countries;

The High Contracting Parties, moved by WITHDRAWAL sentiments of justice and humanity as well as

5. No Member of the International Labour by the desire to secure the permanent peace of

may withdraw from the the world, and with a view to attaining the

Organization

Organization without giving notice of its objectives set forth in this Preamble, agree to

intention so to do to the Director-General of the the following Constitution of the International

International Labour Office. Such notice shall Labour Organization:

take effect two years after the date of its reception by the Director-General, subject to

Chapter I – Organization

the Member having at that time fulfilled all

Article 1

financial obligations arising out of its membership. When a Member has ratified any

ESTABLISHMENT

international

labour Convention, such

1. A permanent organization is hereby withdrawal shall not affect the continued established for the promotion of the objects set

validity for the period provided for in the forth in the Preamble to this Constitution and

Convention of all obligations arising thereunder in the Declaration concerning the aims and

or relating thereto. purposes

of the International

Labour

Organization adopted at Philadelphia on 10 READMISSION May 1944 the text of which is annexed to this

6. In the event of any State having ceased to Constitution.

be a Member of the Organization, its readmission to membership shall be governed

Building social protection systems

by the provisions of paragraph 3 or paragraph 4 representative of employers or workpeople, as of this article as the case may be.

the case may be, in their respective countries.

Article 2

STATUS OF ADVISERS ORGANS

6. Advisers shall not speak except on a The permanent organization shall consist of:

request made by the delegate whom they (a) a General Conference of representatives of

accompany and by the special authorization of the Members;

the President of the Conference, and may not vote.

(b) a Governing Body composed as described in article 7; and

7. A delegate may by notice in writing addressed to the President appoint one of his

(c) an International Labour Office controlled advisers to act as his deputy, and the adviser by the Governing Body.

while so acting, shall be allowed to speak and

Article 3

vote.

CREDENTIALS MEETINGS AND DELEGATES

Conference

8. The names of the delegates and their

1. The meetings of the General Conference of advisers will be communicated to the representatives of the Members shall be held

International Labour Office by the government from time to time as occasion may require, and

of each of the Members. at least once in every year. It shall be composed

9. The credentials of delegates and their of four representatives of each of the Members,

advisers shall be subject to scrutiny by the of whom two shall be Government delegates

Conference, which may, by two-thirds of the and the two others shall be delegates

votes cast by the delegates present, refuse to representing respectively the employers and

admit any delegate or adviser whom it deems the workpeople of each of the Members.

not to have been nominated in accordance with this article.