GENEVA (ILO News) - The Governing Body of the International Labour Office (ILO) concluded its 292nd session here today following wide-ranging discussions by tripartite delegates on issues ranging from respect of basic labour rights in Myanmar, Nepal, Zimbabwe and other countries to strategies for new partnerships to promote a fair globalization.
During its three week session, Governing Body delegates also heard an address on 8 March by His Majesty King Juan Carlos I of Spain who described the extent of child labour as "appalling" and called for it to be vigorously combated as part of the effort to give a "human dimension" to the process of globalization. The King and Queen Sofia of Spain visited the ILO to commemorate the 10th anniversary of Spain's cooperation with the ILO's International Programme on the Elimination of Child Labour (IPEC).
The Governing Body also recommended a provisional programme and budget level of US$ 568.6 million for the 2006-07 biennium, estimated at the 2004-05 budget rate of exchange of 1.34 Swiss francs to the US dollar. In constant dollars, the 2006-07 budget proposes moderate growth of 1.1 per cent to address institutional investment needs and extraordinary items. The final exchange rate and the US dollar level of the budget and the Swiss franc assessment will be determined by the International Labour Conference in June 2005.
Building blocks of the new program and budget are its focus on decent work as a global goal and the interrelated actions needed at the local, national, regional and international levels to make it happen, including Decent Work Country Programmes. The program reinforces and deepens the four strategic objectives of the ILO: promoting standards and fundamental principles and rights at work, creating greater opportunities for women and men to secure decent employment and income, enhancing the coverage and effectiveness of social protection for all, and strengthening tripartism and social dialogue. It also proposes initiatives on decent work for youth, corporate social responsibility, export processing zones, and the informal economy.
Globalization
The Governing Body's Working Party on the Social Dimension of Globalization discussed proposals for follow-up by the ILO to the report of the World Commission on the Social Dimension of Globalization, released in February 2004. In his conclusions, Mr. Philippe Séguin, the Chairman of the Governing Body, said the Working Party had reached a "clear and strong consensus" on the promotion of decent work as a global goal as the ILO's distinctive contribution to a fair globalization.
In an address to the Working Party, special guest Vladimir Špidla, the European Commissioner for Employment, Social Affairs and Equal Opportunities, underlined the key role of the ILO in promoting international policy dialogues and the establishment of policy coherence partnerships in the multilateral system. He also noted the growing convergence of agendas between the European Union and the ILO, and said that the promotion of decent work as a global goal, as well as concern and action over the social dimension of globalization had become an integral part of the EU's strategy both within the enlarged union and in its relations with the rest of the world.
In his own comments to the Working Party, ILO Director-General Juan Somavia said the ILO's contribution to an fully inclusive and equitable globalization was grounded in the decent work agenda, adding that to put this into practice, the Organization needed work with other multilateral organizations. In this respect, he highlighted the adoption of a resolution on the report of the World Commission on the Social Dimension of Globalization by the UN General Assembly last year.
"We are more effective when working in partnership with others who share our views" Mr. Somavia said. "But on many key subjects there are widely differing views out there and if we want solutions that will stick it's necessary to bring those different views into dialogue. Building those bridges is our strength in the tripartite ILO."
The Working Party agreed that the ILO should strengthen its partnerships with the other multilateral agencies to develop more coherent policies, particularly the World Bank, the International Monetary Fund (IMF), the World Trade Organization (WTO) and other actors within the respective mandates of each institution, and called for the preparation of a paper on the linkages between growth, investment and decent work to be presented to the Governing Body in November.
Labour rights
Regarding the forced labour situation in Myanmar, the Governing Body discussed reports prepared by the ILO liaison officer a.i in Yangon a very High-Level Team (vHLT) appointed by the Director-General of the ILO which visited Myanmar 21-23 February. The mission comprised Sir Ninian Stephen, former Governor General of Australia, Ms. Ruth Dreifuss, former President of the Swiss Confederation and Mr. Eui-yong Chung, former Chairman of the Governing Body of the ILO and member of the National Assembly of the Republic of Korea..
The consensus conclusions adopted at the end of the discussions noted that many delegates shared a sense of "condemnation over the failure of the highest-level authorities of Myanmar to take advantage of the unique opportunity that the visit of the vHLT represented to resume a credible dialogue on the issues of concern, and also the feelings of grave concern over the general situation that this reveals." While noting that some developments in Myanmar "seem to a number of us to go in the right direction, in particular the prosecutions and punishment of authorities responsible for having recourse to forced labour" they noted that "the overall assessment falls far short of our expectations".
Although the Government of Myanmar stated that the political will to address forced labour existed, the Governing Body expressed grave doubts about the credibility of these statements due to the attitude adopted by the authorities towards the vHLT and recent comments by Government officials reported in the press.
The Governing Body noted that in the circumstances and at this stage it was widely felt that the "wait-and-see" attitude which has prevailed since 2001 can no longer continue. It unanimously decided to transmit its consensus conclusions to the Governments, Employers and Workers representatives, as well as other international organizations, with a view to them taking the appropriate action in the framework of the 2000 resolution. (The resolution adopted in 2000 under Article 33 of the ILO Constitution calls on ILO constituents and other agencies to review their relations with Myanmar and take action that they may consider appropriate.)
However, the Governing Body insisted that the door was still open for the positive developments that had been requested, and that any such developments should be objectively taken into account as part of any review of relations with Myanmar. A document will be presented to the Committee on the Application of Standards of the International Labour Conference in June reflecting any developments.
Regarding recent developments in Nepal, the Governing Body issued a statement saying "trade union activities have been severely limited, with any union meetings requiring prior authorisation from public officials, which is contrary to fundamental ILO standards."
Last month, the ILO Director-General wrote to His Majesty King Gyendra, expressing strong concern about the suspension of civil and trade union rights, and especially the fact that a number of trade unionists have been detained.
The Governing Body also approved the 336th report of the ILO Committee on Freedom of Association which examined 30 cases. Altogether there are currently 134 cases before the Committee.
The Committee drew special attention to the case of Nepal concerning the arrest and detention of trade unionists, significant prohibitions on the right to strike of workers engaged in a variety of services, restrictions on the right of workers to stage peaceful demonstrations and to put up banners.
The Committee requested the Government to take the necessary measures to amend the Essential Services Act so as to ensure that the power under the Act was limited to prohibiting strikes in essential services in the strict sense. As regards the prohibition on the assembly of more than five persons, while the Government had indicated that the relevant order had been revoked, the Committee recalled that workers should enjoy the right to peaceful assembly and demonstration to defend their occupational interests.
As regards the allegations of violent intervention in a demonstration and arrest and detention of trade unionists, the Committee requested the Government to ensure that authorities resort to force only in situations where the law and order is seriously threatened and that the intervention should be in due proportion to the danger which the authorities are attempting to control.
The Committee also drew the attention of the Governing Body to the cases of Guatemala, Venezuela and Zimbabwe among others.
In the case of Guatemala, the Committee examined serious allegations of violence against trade unionists, dismissal of union leaders followed by employer refusals to comply with reinstatement orders and undue delays in the proceedings. The Committee underlined the gravity of the allegations of assaults, death threats and intimidation of trade union members, and the attacks on trade union headquarters.
The Committee urged the Government to refer these cases urgently to the Office of the Special Prosecutor for offences against trade unionists and to order urgent investigations.
As regards dismissals of trade unionists, the Committee observed in general that judicial orders for reinstatement are frequently not complied with and that procedures frequently take years. The Committee also urged the Government to revise the procedure for the protection of union rights provided for in law.
In the case of Venezuela, the Committee dealt with allegations of interference by the authorities following trade union elections. It pointed out that it had already on previous occasions objected to the role assigned by the Constitution and legislation to the National Electoral Council in organizing and supervising trade union elections, including the power to suspend elections.
Requesting the Government in future to refrain from such interference, the Committee recalled that the organization of elections should be exclusively a matter for the organizations concerned and that the power to suspend elections should be given only to an independent judiciary.
The Committee also examined two cases concerning Zimbabwe, both of which concerned allegations of anti-union dismissals aimed at high-level trade union officers. The Committee requested the Government to have independent inquiries carried out into these allegations and to ensure that, if the competent body determines that the dismissals were for anti-union reasons, that these trade union leaders would be rapidly reinstated in their functions, or an equivalent position, without loss of pay or benefits.
In another case concerning further allegations of arbitrary arrests and detentions, anti-union intimidation and harassment, the Committee urged the Government to refrain from resorting to such measures. Referring to an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities, the Committee expressed its overall deep concern with the extreme seriousness of the general trade union climate in Zimbabwe demonstrated by the number of cases of a similar nature which have recently been brought before it.
The Governing Body is the executive body of the
International Labour Office (the Office is the
secretariat of the Organization). It meets three
times a year, in March, June and November and takes
decisions on ILO policy, the agenda of the
International Labour Conference and the draft
Programme and Budget of the Organization for
submission to the Conference.
It is composed of 56 titular members (28
Governments, 14 Employers and 14 Workers) and 66
deputy members (28 Governments, 19 Employers and 19
Workers). Ten of the titular government seats are
permanently held by States of chief industrial
importance (Brazil, China, France, Germany, India,
Italy, Japan, the Russian Federation, the United
Kingdom and the United States). The other
Government members, and the worker and employer
members, are elected by the Conference every three
years.