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for cooperation between China and the ILO
(Beijing, 17 May 2001)
It is a great pleasure for me to be in Beijing on my first official visit as Director-General of the ILO. I greatly value the open and constructive discussions I have had with senior leaders here. Our talks addressed the great challenges faced by China in the process of globalization, and the ways in which the ILO could support China's efforts for social and economic reform. These discussions have resulted in agreement between the Government of China and the ILO on a Memorandum of Understanding to launch a programme of cooperation. Its aim is to strengthen national policies in China for employment, social dialogue and social protection, in line with internationally recognized principles and rights at work. We look forward to a qualitatively new level of discourse and engagement between the ILO and China.
Two years ago, the tripartite constituents of the ILO - the workers, employers and governments of 175 countries - set for themselves the goal of Decent Work to respond to their needs in the new century. They endorsed the view that the ILO's primary role today is to promote opportunities for all people to obtain decent and productive work in the global economy, in conditions of freedom, equity, security and human dignity. Since then, Decent Work has been developed into an operational framework for all ILO activities. It focuses on the needs of people's lives at work through an integrated agenda for development, to promote growth and productivity as well as social equity and social stability.
The Memorandum has been framed within this strategic objective of Decent Work.
China's achievements in the fight against poverty and deprivation are historic and widely recognized. In the world of work, action has been taken in recent years to set up a national structure of law and social policy. New types of labour management relations are being explored, and the foundations are being laid for the development of collective bargaining. Steps have been taken to strengthen and diversify vocational training, and to create a comprehensive social security system. But the challenges are immense. Much still remains to be done to relate social institutions and the process of social dialogue to the dynamics of economic growth.
The Memorandum targets many key problems of reform and adjustment faced by China today:
- It addresses the needs of an evolving structure of law for the world of work.
- It seeks to ensure social protection for people at a time of major structural adjustment.
- It addresses the pressing demand for greater employment.
- It seeks to establish industrial relations systems and dispute settlement mechanisms which can ensure orderly and stable change.
The programme needs to be supported through national action in a variety of areas, including awareness raising; legislative action; appropriate policies; and institution building.
The programme will demand partnerships within China as well as with the United Nations system, the Bretton Woods organizations and other financial institutions. It is our hope that such partnerships will lead - not merely to a mobilization of resources - but to a sharing of international experience for mutual benefit, both for China and for the international community. In this connection, I am very glad to announce that the Government of Switzerland has made a generous contribution for a project to improve human resource development and labour management relations in the economic development zones in China. This will assist in implementing activities in some of the priority areas identified in the Memorandum. The signing ceremony for this project will take place tomorrow.
China has made an important commitment to promote and extend the internal rule of law as a framework for orderly reform and development. In a period of global communications, global markets, and global societies, this also requires increasing harmonization with international standards. I am therefore particularly glad that China supports the ILO Declaration on Fundamental Principles and Rights at Work. This Declaration states that all members of the ILO, even if they have not ratified the Conventions in question, have an obligation to promote and realize, in good faith, four fundamental rights at work: freedom of association and collective bargaining; the elimination of forced or compulsory labour; abolition of child labour; and the elimination of discrimination in respect of employment and occupation. These are demanding obligations for all countries, many of whom confront problems created by poverty, history and outmoded institutional structures.
I look forward to working with our constituents in China to review how these rights and principles can be promoted and realized in the context of China's development, and in ways acceptable to all. The path of economic and social reform is bound to be long and complex. We need to approach these issues with an understanding of China's realities. In this context, the agreement to conduct information and educational activities to promote greater awareness of international labour standards is of prime importance.
China has not ratified ILO Convention No. 87 on Freedom of Association, and it has entered a reservation to the UN Covenant on Economic, Social and Cultural Rights. Freedom of association is, however, enshrined in the ILO Declaration. The ILO's supervisory bodies have consistently held that workers and employers have the right to create and join organisations of their own choosing, and that no worker should be imprisoned or penalised for carrying out legitimate trade union activities. We need to take such concerns into account in our dialogue and cooperation to promote our mutually agreed objective of realising the Declaration in China.
The ILO's Committee on Freedom of Association has examined a number of complaints relating to China, and has issued conclusions and recommendations for action by the Government in respect of trade union rights.
The issues raised have basically been of two types.
The first is legislative. Chinese labour law establishes a system of trade union monopoly, outside which workers may not organise legally. The ILO's Committee on Freedom of Association has considered that this limits the right of workers to form and join organisations of their own choice and has called for changes in the relevant provisions.
The second concerns action taken in respect of workers as a result of their "legitimate trade union activities". I have today handed over to representatives of the Chinese Government a list of detained workers whom the Committee on Freedom of Association has asked to be released.
China has also not ratified the ILO conventions on forced labour and has assumed no formal obligations under these conventions. However, the elimination of forced or compulsory labour is a major principle of the ILO Declaration. I understand China is currently reviewing certain aspects of its legislation relating to "re-education through labour". It would be useful if the ILO Declaration could be fully taken into account in the context of that review. The ILO will be ready to assist as requested.
The ILO Group of Expert-Advisers charged with examination of annual reports in the follow-up to the Declaration on Fundamental Principles and Rights at Work examined information submitted to it alleging use of forced labour in China. Reporting to the Governing Body in March, the Expert-Advisers expressed concern about this situation, and encouraged the Government to provide more information and clarification with regard to is efforts to promote the principle of the elimination of all forms of forced labour.
The new phase in China's relations with the ILO beginning today with the signing of the Memorandum of Understanding offers new opportunities for progress in dealing with these important issues on which, we have acknowledged, perception diverge. Equally the ILO's Declaration on Fundamental Principles and Rights at Work is a promotional instrument which lends itself to our common purpose of advancing shared goals through dialogue, cooperation and understanding.
I am happy to note that collaboration between China and the ILO on labour standards is progressing well. ILO standards are increasingly recognized in China as useful benchmarks for the formulation of national labour legislation. China has moved forward to ratify several ILO Conventions, including two fundamental ILO Conventions on Equal Remuneration and Child Labour. I understand that China is actively considering the early ratification of the Convention on the Elimination of the Worst Forms of Child Labour. The ILO is also currently consulting closely with China on the possibility of ratification of key ILO Conventions on discrimination and on safety and health. We welcome China's participation in the ILO/UNICEF Mekong Project to combat trafficking of women and children, which is an example of China's contribution to combatting a problem in the Asian region.
The signing of a Memorandum of Understanding is only the beginning. We need to work out strategies and policies for its implementation and we need to mobilize resources.
We have taken an important step forward today.
We have defined common objectives. We have recognized differences of perception. We have agreed that our collaboration will progress through a constructive dialogue, inspired by a spirit of mutual respect and understanding. It is my hope that this will generate a participatory process of growing international harmonization and cooperation.