GENEVA (ILO News) – The Governing Body of the International Labour Office (ILO) concluded its 300th session following wide-ranging discussions among its government, employer and worker members on basic labour rights in Myanmar, Belarus and other countries as well as the impact of climate change on jobs, corporate social responsibility, and the implications of United Nations (UN) reform on ILO technical cooperation.
The Governing Body was in session between 1-15 November under the chairmanship of H.E. Mr. Dayan Jayatilleka, Ambassador and Permanent Representative of Sri Lanka to the UN in Geneva.
The Working Party on the Social Dimension of Globalization held a panel discussion on climate change and decent work including Mr. Achim Steiner, Executive Director, United Nations Environment Programme, Mr. Michel Jarraud, Secretary-General, World Meteorological Organization, Mr. Supachai Panitchpakdi, Secretary-General, United Nations Conference on Trade and Development, Mr. Mathew Farrow, Head of Environment Policy, Confederation of British Industry and Mr. Joaquín Nieto, Secretary for Occupational Safety, Health and Environment, Comisiones Obreras Trade Union , Spain.
The Working Party encouraged the ILO to promote a socially just transition to green jobs. It discussed preparations for a joint ILO/World Trade Organization Secretariat study on the links between globalization, trade and informal employment as a follow-up to the joint study on trade and employment published in March 2006 (for further information see the report of the Working Party: GB.300/18).
Among other issues, the Committee on Social and Employment Policy examined collective bargaining and the Decent Work Agenda andthe implementation of the ILO’s Global Employment Agenda (GB 300/15).
The Subcommittee on Multinational Enterprise updated the Governing Body members on corporate social responsibility related activities worldwide and participation of ILO constituents in the UN Global Compact’s local networks (GB.300/14). The Committee on Technical Cooperation reviewed the implementation of the ILO’s Decent Work Country Programmes, technical cooperation priorities with respect to UN reforms, including UN agencies “delivering as one” in eight pilot countries and the ILO/United Nations Development Programme partnership (GB.300/17).
The Governing Body decided to place on the agenda of the 97th Session (2008) of the International Labour Conference an item on “Strengthening the ILO’s capacity to assist its Members’ efforts to reach its objectives in the context of globalization” (GB300/2/1). It also considered the ILO Action Plan for Gender Equality 2008-09 and the ILO’s support for gender equality in the world of work (GB 300/5).
The Governing Body examined the situation of forced labour in Myanmar on the basis of reports by the ILO Liaison Officer in Yangon, and follow-up on actions of the Government of Belarus to comply with ILO recommendations related to freedom of association.
Myanmar
The Governing Body reviewed the Understanding reached between the ILO and the Government of Myanmar in February 2007 on a mechanism for victims of forced labour to seek redress without having to fear reprisals. Noting the progress in the operation of the Understanding between Myanmar and the ILO up to the time of public demonstrations and their suppression at the end of September 2007, the Governing Body, however, expressed its serious concern at the Government’s crackdown in response to the recent peaceful protests.
In this respect, it noted with deep regret the imprisonments of persons exercising their fundamental right to freedom of association and the freedom of expression it entails, and called on the Government to comply fully with its responsibilities in accordance with Convention 87, which it has ratified. The long prison sentences given on 7 September 2007 to six activists should be reviewed and the persons concerned released. The Governing Body also noted with concern the detention of persons associated with the facilitation of forced labour complaints under the Understanding.
Recognizing that the situation in Myanmar is unstable, the Governing Body urged the Government to continue the dialogue process, in a balanced and results orientated manner, towards domestic reconciliation and forward looking solutions to the current difficulties.
The Governing Body called on the Government of Myanmar to make at the highest level an unambiguous public statement that all forms of forced labour are prohibited throughout the country and will be duly punished. The Government should ensure that the mechanism provided by the Understanding remains fully operational with no further detention or harassment of complainants, facilitators or others, and that it fully applies to the military authorities. Full attention should be given to preventing the recruitment of child soldiers.
The Governing Body further called for the putting into place of an appropriate network towards ensuring nationwide application of the Understanding, including in the combat zones, and to ensure that forced labour victims are able to easily access the complaints mechanism. It instructed the International Labour Office to undertake a full review of the operation of the Understanding for submission to the Governing Body at its March 2008 Session together with recommendations for both the Understanding’s future and the ILO’s ongoing role in Myanmar.
Belarus
The Governing Body considered trade union rights in Belarus for the fourth time, in particular measures taken to implement recommendations of the 2004 Commission of Inquiry and ILO mission to the country in June 2007.
Taking note of the information given by the Minister of Labour of Belarus, the Governing Body welcomed the Government’s stated intention to reach an agreement between all parties concerned on the question of trade union legislation. It underlined that solutions based on consensus and dialogue have to be aimed at the full implementation of the recommendations of the 2004 Commission of Inquiry. All trade unions and employers’ organizations should be able to function freely and obtain recognition in law and practice.
While expecting that significant progress towards satisfactory solutions will be made in Belarus, the Governing Body decided to review developments in the country with respect to freedom of association at its March 2008 session.
The Governing Body also adopted a report of the committee set up to examine the representation alleging non-observance by France of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Termination of Employment Convention, 1982 (No. 158), made under article 24 of the ILO Constitution by the French trade union Confédération générale du travail - Force ouvrière.
It invited the Government, in consultation with the social partners, to take such measures as may be necessary to ensure that the exclusions from the protection provided by the laws and regulations implementing the Termination of Employment Convention, 1982 (No. 158), are in full conformity with its provisions; and to give effect to Article 4 of the Termination of Employment Convention, 1982 (No. 158), by ensuring, in accordance with that Convention, that “contracts for new employment” can in no case be terminated in the absence of a valid reason.
Freedom of association
The Governing Body approved the 348th Report of the ILO Committee on Freedom of Association, drawing special attention to the cases of Colombia, Djibouti, Ethiopia, Guatemala and Indonesia.
In the case of Colombia, the Committee examined the numerous murders over the years of trade union officials and members, and a climate of impunity that has reigned in the country in respect of acts of violence against trade unionists. It took note of certain encouraging steps, such as the creation of a sub-unit for trade union matters in the office of the Prosecutor-General, and expects that the measures adopted will lead to positive outcomes in a greater number of investigations, including all the unresolved cases, and bring an end to the intolerable situation of impunity. The Committee also requested further information from both the complainants and the Government in respect of the alleged links between the Administrative Department for Security (DAS) and paramilitary groups, including a plan to eliminate the trade union movement.
Noting that it had not replied to an earlier request, the Committee urged the Government of Djibouti to provide its observations without delay concerning a number of very serious allegations, including the repeated harassment of trade unionists, the arrests and dismissals of trade union officials, the lack of response by the courts to trade union complaints, the dismissal of Mr. Hassan Cher Hared following his participation in an ILO training course in Turin and the barring from entry of an international trade union solidarity mission. The Committee noted that the Government had accepted an invitation for a direct contacts mission and requested the Government to keep it informed of further developments in this regard, as well as measures taken to give effect to its recommendations concerning the above allegations.
The case of Ethiopia concerns the violation of the right to organize for teachers in the public sector, interference in the administration and activities of the Ethiopian Teachers’ Association (ETA) and harassment, arrest, detention and maltreatment of teachers affiliated with ETA. The Committee urged the Government to ensure that ETA may carry out its activities without any government repression, and that any ETA members detained on the basis of their trade union activities or membership are immediately released and granted adequate compensation for any damage suffered. In view of the seriousness of the allegations of torture of Messrs Getnet and Mengitsu during their detention, the Committee urged the Government to initiate an independent inquiry without delay. It also asked the Government to accept a direct contacts mission to examine the matters raised in this complaint.
In two cases concerning Guatemala, the Committee examined allegations of murders and other acts of violence against trade unionists, as well as anti-union dismissals, non-payment of wages and benefits ordered by the judicial authorities in cases of anti-union discrimination and obstacles to collective bargaining. In particular, the Committee requested the Government to inform it as a matter of urgency of the developments in the inquiries and proceedings under way with respect to the murders of Rolando Raquec and Luis Quinteros Chincilla, the failed assassinations of Marcos Alvarez Toq and Imelda Lopez de Sandoval, and measures to safeguard the lives of the late Mr. Raquec’s wife and children. In a second case concerning Guatemala, the Committee urged the Government to do everything in its power to step up the current investigation into the murder of the port workers’ trade union official Pedro Zamora and the wounding of his son.
The case of Indonesia concerns allegations of anti-union discrimination and harassment, including repeated police interrogations of the union President and two union members following a strike, who were finally charged with “unpleasant acts” against the company. The Committee requested the Government to institute an independent inquiry into this latter matter and, if it is found that the charges were brought on the basis of the organization or participation in a peaceful strike, to ensure that they are immediately dropped. To address the problems of anti-union discrimination, the Committee urged the Government to take steps, in full consultation with the social partners concerned, to provide for swift recourse to mechanisms permitting the imposition of sufficiently dissuasive sanctions against such acts and recalled that ILO technical assistance was available to it in this regard.
In addition, the Governing Body considered the case of Venezuela and the conditions of exercise of freedom of association of employers’ and workers’ organizations. The Governing Body recalled that it is the Government’s obligation to ensure that employers’ and workers’ organizations can exercise their rights in an environment free from fear, intimidation and violence. It further noted that the Government had ignored the offer of ILO technical assistance to establish a system of labour relations based on the principles of the ILO Constitution and its fundamental Conventions.
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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 are elected by the Conference every three years.
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