"Trade union rights are human rights".
A monthly newsletter produced by the ILO Bureau for Workers’ Activities
No. 4/02
June 21, 2002
Contents
Tripartism, social protection and workers' rights dominate ILO conference
Resolution: tripartism and social dialogue
The informal economy
Promotion of cooperatives
Committee on occupational accidents and diseases
Applications of standards
World Day Against Child Labour launched
From the Workers' benches
Quotes from international trade union leaders
Election to the Governing Body
Tripartism, social protection and workers' rights dominate ILO conference
Reaffirming its unique tripartite nature, the International Labour Organisation (ILO) ended its annual assembly in Geneva with a renewed commitment to fight child labour, promote decent work for all and protect workers' health and their basic rights. The Workers' Group elected Leroy Trotman to become their chairman and spokesperson to the ILO Governing Body. Lord Brett, his predecessor, was elevated to the position of chair of the Governing Body. Here are the details.
The International Labour Organization (ILO) concluded its 90th annual Conference on June 20 adopting a series of measures designed to promote a more rigorous approach to tackling the challenges of globalization and create an "anchor" for personal security through poverty reduction, job creation and improved workplace health and safety.
"Until we see a globalization that prioritizes the creation of employment and the reduction of poverty, the whole concept is going to remain dogged by controversy," Mr. Somavia said. "Decent work for all ... is the surest route out of poverty and an anchor for family security essential to peaceful communities. We need to do more and do it better."
Two distinguished guests of honour, the Rt. Hon. Dato' Sei Dr. Mahathir Bin Mohamad, Prime Minister of Malaysia, and the Rt. Hon. Owen Arthur, Prime Minister of Barbados, addressed the issue of globalization during the Conference. Prime Minister Mahathir said that globalization in its actual form cannot be "the remedy for the social ills of the world" and called for "globalization with a social dimension." Prime Minister Arthur condemned the linkage of labour standards and trade as "immoral and counterproductive" and said the ILO "must have more clout in the formulating of global, financial and trade policy and not just an advisory role."
The Conference also examined the implementation report of activities 2000-2001, the first years under a "strategic budgeting" mechanism. In his wrap up, the Director-General noted that delegates had urged the ILO to "set increasingly rigorous performance indicators that relate to the needs of constituents and be more aggressive in evaluating how our intervention can best help to redress decent work deficits in a globalizing world."
The Organization launched the World Day Against Child Labour which saw events in countries around the world aimed at reinforcing the global movement to abolish child labour.
The Conference also debated the situation in the occupied Arab territories and heard pledges in support of enhancing ILO efforts to create jobs in the area and promote dialogue between Palestinians and Israelis. Mr. Somavia said the ILO would allocate resources immediately with a view to establishing a Palestinian Fund for Employment and Social Protection. The situation of Palestine was also discussed in the Workers' Group of the Conference which took the initiative to seek support from the employers' group for specific measures aimed at providing assistance to Palestinian workers. A joint position by the two groups was to be tabled to the Governing Body of the ILO which met on June 21 to the effect that strong support be given to the proposals made by the Director-General, that governments be strongly encouraged to contribute to the proposed Palestinian Fund for Employment and Social Protection and that money available in the ILO budget surplus be also used to that effect.
The Conference President was Mr Jean-Jacques Elmiger, Secretary of State of the Federal Department of the Economy of Switzerland, which earlier this year decided to join the United Nations, after having already been a long-standing member of the ILO.
Resolutions/Tripartism and Social dialogue: Stressing that social dialogue and tripartism are modern and dynamic processes that have unique capacity and great potential to contribute to progress in many difficult situation and issues, including those related to globalization, regional integration and transition, a Resolution on Tripartism and Social dialogue was adopted unanimously by the Conference.
The resolution stresses the essential roles of social partners, invites the governments to ensure that preconditions exists for social dialogue, including respect for fundamental principles and the right to freedom of association and collective bargaining and invites the three partners (governments, employers and trade unions) to promote and enhance tripartism.
The resolution encourages workers and employers' organizations to reach out to sectors where their respective representation is low and recognize the potential for the ILO to collaborate with civil society "following appropriate consultation with the tripartite constituents".
The resolution "recongnizes the unique functions and roles of the Bureaux for Employers' and Workers' Activities within the Office" and invites the Organisation's decision-making bodies to "strengthen the Bureaux abilities to provide services to employers' and workers' organizations worldwide in order to enable them to maximize the outcome of the Office's work". (See Provisional Record 21)
The informal economy: Most people enter the informal economy not by choice but out of a need to survive. The decent work deficits are most pronounced in the informal economy. Most workers in the informal economy have little or no social protection and receive little or no social security. Poor respect for or lack of freedom of association make it difficult for workers and employers to organize in the informal economy. These are some of the findings contained in the report of the Committee on the Informal Economy which was adopted by the conference. This was the first time ever that the informal economy was explicitly discussed by a Committee of the International Labour Conference. On a previous occasion, the theme was raised in the ILO Director General report to the Conference in 1991 under the title "The Dilemma of the Informal Sector".
However, at this year's Conference, the term informal economy was used on the understanding that it may embrace different situations with different causes and different solutions. The ILO was therefore instructed, in the conclusions adopted by the conference, to take these conceptual difficulties into account in its future work.
While the report encourages employers' and workers' organisations to extend their representation throughout the informal economy, it says that informality is principally a governance issue. The growth of the informal economy can often be traced to inappropriate, ineffective, misguided or badly implemented macroeconomic and social policies, often developed without tripartite consultations. Workers' representatives on the committee forcefully stressed that informality is not a solution to unemployment and the report calls on governments to provide conducive macroeconomic, social, legal and political frameworks for the large-scale creation of sustainable, decent jobs and business opportunities.
Also significant is that the conclusions adopted by the conference require the ILO to take a fully tripartite approach in addressing the decent work deficit in the informal economy and that the ILO Bureau for Workers' Activities (ACTRAV) and its employers' counterpart (ACTEMP) should be fully involved in the planning, design and implementation of all future work.
According to the ILO background report prepared for the conference, excluding agriculture, informal work is the lot of half to three quarters of workers in developing countries: 72 per cent in sub-Saharan Africa, 65 per cent in Asia, 51 per cent in Latin America and 48 per cent in North Africa. The industrialized world is not immune either, the report says. In the 15 countries of the European Union, 30 per cent of workers work outside the standard framework. In the United States one out of four workers are in this situation, with less than 20 per cent of part-time workers covered by health insurance or an employer-financed pension plan.
Presenting the conclusions of the Committee, Christine Nathan (India) who chaired the workers' group on the informal economy stressed the good governance deficit which is at the root of the informal economy. "The ILO has much to say about governance to governments and calls this "the application of standards". The relationship of rights to governance needs greater understanding. The question is not just how to extend legal recognition or status so that all workers can realize, exercise, defend or enjoy their rights. Legal status is not sufficient for work to be decent but it is a necessary conditions", Nathan said. She added: "For both the ILO and its Member States the emphasis must be on removing legal and other real obstacles to the exercise of freedom of association and to expanding the opportunities for more workers and employers to participate in genuine social dialogue". (See Provisional Record 25)
Promotion of cooperatives: References to decent work, fundamental workers' rights and innovative proposals on corporate governance and social audits are contained in a new Recommendation concerning the promotion of cooperatives that was adopted by the Conference. The new instrument replaces ILO Recommendation 127 on the "Role of Cooperatives in the Economic and social Development of Developing Countries" which was adopted in 1966.
Presenting the Recommendation for adoption by the Conference, Ibrahim Patel (South Africa), workers' group chairperson on the Committee on the promotion of cooperatives, identified four features in the new instrument: it promotes values, ideals and standards for cooperatives, it promotes cooperatives as part of a distinctive and important sector of the modern economy, it addresses key labour market and corporate governance challenges and it recognises an integrating world and provides helpful guidance to this reality.
While the existing recommendation 127 was confined to developing countries, "the proposed new instrument is universal in three senses of the world", said Ibrahim Patel, "it applies to all societies (developing, transition and developed), it applies to all types of cooperatives, and it applies to all workers in cooperatives".
"Crucially, in a world where economic borders are disappearing, the Recommendation reflects this reality, it calls for greater international cooperation, and for the globalisation of the co-operative concept", Mr Patel stressed.
The new Recommendation recognises the importance of cooperatives in job creation, mobilizing resources, generating investment and their contribution to the economy. ILO members are asked to consider the promotion of cooperatives as one of the objectives of national and social development and to reflect on measures to create an enabling environment to promote the growth of economically viable and democratically managed cooperatives.
Cooperatives should be treated in terms no less favourable than those accorded to other forms of enterprise and social organization, the document says. The recommendation includes core labour standards for cooperative workers and provides for an increased role by the State to promote cooperatives both as a source of employment and as enterprises and organisation "inspired by solidarity" thus susceptible of responding to the needs of society , including disadvantaged groups and regions.
The Recommendation also recognizes that States should promote the important role of cooperatives in transforming informal economy work into legally protected work integrated into mainstream economic life.
Cooperatives are playing an increasingly important role worldwide in facilitating job creation, economic growth and social development. Ranging from small-scale to multimillion dollar businesses across the globe, cooperatives are estimated to employ more than 100 million women and men, and have more than 800 million individual members. They are also an important means to integrate unprotected workers in the informal economy into mainstream economic life.
"As globalisation reshapes our economic and political landscape, society places greater importance on transparency and openness in decision-making, and on involvement, accountability and integrity. These ideas are reflected in the phrase "corporate governance", a concept that has application to the private sector, the public sector and to social organisations", said Ibrahim Patel, noting that the new instrument calls on Member State policies to promote best practice in corporate governance within cooperatives.
"The Recommendation is flexible, pragmatic, recognises the diversity of national experience, law and practice, yet sets achievable benchmarks of practice", Mr Patel concluded. (See Provisional Record 23)
Committee on occupational accidents and diseases: Latest ILO estimates for the year 2000 show that annually there are two million work-related deaths of which about 80 percent could be prevented if all ILO member States would use the best accident prevention strategies and practices that are already in place and easily available.
The absence of reliable notification and recording mechanisms is a major obstacle to reducing work-related deaths and injuries worldwide, and to taking preventive action at enterprise and national level. In order to harmonize existing recording and notification systems, the Conference Committee on Occupational Accidents and Diseases adopted a Protocol to the Occupational Safety and Health Convention No.155, 1981, and a Recommendation concerning the list of occupational diseases and the recording and notification of occupational accidents and diseases.
The Protocol asks ratifying member States to establish and review requirements and procedures for the recording and the notification of occupational accidents and diseases, dangerous occurrences and commuting accidents. These member States should determine the responsibility of employers and the information to be recorded. The Protocol also asks member States to publish annual statistics following classification schemes that are compatible with the latest international schemes of the ILO or other relevant international organizations.
The Recommendation asks member States to establish a national list of occupational diseases for the purpose of prevention, recording, notification and compensation. This new list supplements Schedule 1 of the ILO's Employment Injury Benefits Convention, which has not been revised since its last amendment in 1980. The list in the annex of the Recommendation will be regularly updated through tripartite meetings of experts convened by the Governing Body of the ILO.
"The Workers' group hopes that when you go back to your countries you will seek the early adoption of Convention No. 155 and of the Protocol. However good the contents are, and we believe that the contents are good, it will have no effect unless countries use it", warned Hugh Robertson (United Kindgdom), the chair of the workers' group on the tripartite Committee that dealt with the matter. (See Provisional Record 24)
Applications of standards: Ethiopia, Sudan and Venezuela were singled out for workers' rights abuses in this year's report of the Committee on the Application of standards, yet the workers' group drew attention to the fact that other cases deserved similar concern and treatment but either escaped a special paragraph thanks to complacency shown by the employers' group or were not discussed. The Committee considered cases in 23 countries and as part of the ILO efforts to end the use of forced labour in Burma (Myanmar), it had a special discussion on recent events, including the opening of an ILO Liaison office in Rangoon. It was clear that the use of forced labour, particularly by the military, has not yet been brought to an end. The Committee emphasized the need for real, rapid and verifiable progress and encouraged the ILO to pursue resolutely its dialogue with the Government and all the parties concerned.
Presenting the Committee report in the Conference, Luc Cortebeeck, the Workers' Vice-President of the Committee, deplored the fact that the case of Belarus could not be discussed as the government did not respond to the Committee's invitation. "What surprised our group, and even shocked some of us, is that a Government that was elected to the ILO Governing Body refuses actually to have a dialogue in a tripartite committee about one of the key convention of an Organisation that it claims to consider important."
The committee cited Sudan for non-observance of the Forced Labour Convention, 1930 (No. 29) and shared the concern of the Committee of Experts regarding "the practices of abduction, trafficking and forced labour affecting thousands of women and children, not only in the south of the country where there was armed conflict, but also in government controlled areas". The committee considered that despite the explanations provided by the Government to its session, measures taken were inadequate, and it hoped that there would be improvement's in the Government's action in the near future.
On the case of Ethiopia and compliance with the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) the Committee welcomed the fact that the Government wished to receive extensive technical assistance. It made an urgent appeal to the Government to ensure that it would act in conformity with the provisions of this fundamental Convention. In particular it insisted that teachers' trade union rights be fully respected both in law and practice. Whilst welcoming the release of the trade union leader Dr. Taye Woldesmiate, the Committee nevertheless reminded the Government that "respect for civil liberties was essential for the respect of trade union rights".
Regarding Venezuela and the same fundamental Convention No. 87 on freedom of association rights, the Committee noted there has for several years been concern on the right of workers and employers to form organizations of their own choosing. The committee "deplored that allegations of acts of violence committed with government backing had been presented to the ILO mission by workers' and employers' organizations". It took note of the will expressed by the Government and the National Assembly to adjust the legislation to the requirements of the Convention, and requested the Government to furnish a detailed report, including the texts of any new draft elaborated, so that the Committee of Experts could examine the situation once again at its next meeting.
Mr Cortebeeck, expressing the views of the Workers' Group stressed that the situation of workers' fundamental rights in Guatemala, Costa Rica and above all Colombia would have warranted a special paragraph in the Committees report but deplored that no agreement could be reached on this with the employers.
He also drew the attention on cases which, for various reasons, could not be addressed by the Committee but deserved scrutiny in the future if progress is not reported, citing Argentina for Conventions 87 (freedom of association) and 95 (protection of remuneration), Brazil for Convention 111 (Discrimination), Burma (Myanmar) (C87), Cameroon (C87), Iran (C111), Japan (C29 on forced labour), Kenya (C98 on collective bargaining) and Norway (C115 Radiation protection Convention).
The usual general report concerning the behaviour of Governments in the implementation of Conventions and their obligations in the framework of the regular supervisory mechanism (reporting to the Committee of experts) was also discussed by the Committee. This document shows a decrease in reports from national workers' organisations (161 reports received, compared to 258 last year). It was the view of the workers' group that this should be redressed as trade unions have a major interest in ensuring that, through their active participation in the reporting system, the ILO supervisory bodies have as complete and real picture as is necessary to objectively assess the situation of the implementation of the ratified conventions.
A General survey dealt with the contents of Convention 137 (Dock Workers Convention) and Recommendation 145 (Dock Workers Recommendation). In the discussion, the workers' group expressed concern over the impact on workers of the introduction of new technologies, both in terms of the increased need for skills and in terms of job losses. In addition, it was stressed that deregulation, privatization and globalization have had a very negative impact on salaries for that category of workers. (See Provisional Record 28 (1 and 2))
World Day Against Child Labour launched
During the conference, the ILO also launched the first World Day Against child Labour to be observed worldwide on 12 June. The World Day will be held annually to intensify support for the global campaign against child labour. It will also serve as a catalyst for enhancing the growing worldwide movement against child labour, as reflected in the steadily mounting ratifications of ILO conventions Nos. 182 (on its worst forms) and 138 (on minimum age), as well as the work of the ILO International Programme on the Elimination of Child Labour (IPEC).
On June 12, events were held around the world in commemoration of the ILO's first World Day Against child labour. This coincided with the discussion at the Conference of the Global Report on Child Labour entitled "A future without child labour". Speaking on the report in the plenary sitting of the conference, Bill Brett, chairperson of the ILO Workers' Group said that "the report sets out many causes of child labour, and all of them must be addressed". He cited poverty but also related causes such as discrimination, criminal exploitation, traditional cultural practices, lack of schools and lack of decent work for adults as well as the desire for some employers for a cheap and flexible workforce. "One thing we know for sure", said Bill Brett, "is that wherever trade unions are strong, employers find it more difficult to exploit children. When there are unions in the workplace, children by and large go to school... and the absence of unions makes it easy for unscrupulous workers to use child labour and undermine the position of more responsible employers".
Touching on practical efforts by the ILO, Bill Brett stressed the need for the ILO's IPEC programme to strengthen partnership with unions. "The report highlights that IPEC has been working with almost 150 NGOs... but does not show any figures concerning trade union orgnizations and how they have been invoilved". He suggest that IPEC, in cooperation with the ILO Bureau for Workers' Activities (ACTRAV), should look for ways to enhance cooperation with trade unions. (See Provisional Record 13)
From the Workers' benches
Special Paragraphs: Belarus, Colombia, Ethiopia, Burma (Myanmar), Sudan and Venezuela were singled out by the ILO Workers' Group at the opening of the conference. A dossier distributed to workers' delegates described mass killings of trade unionists in Colombia (185 killed in 2001 only), attempts to suppress independent trade unions in Belarus, arrest of labour activists in Ethiopia and Burma, forced labour in Sudan and interference by the governments in trade unions elections in Venezuela. "All these facts were consigned in details in special paragraphs of last year's report by the ILO Committee on the application of standards, but little if any has been done by the governments concerned to abide by the recommendations of the UN agency. In Belarus and Colombia the situation is even worse than last year", deplored Lord Brett, chair of the ILO Workers' Group.
South Korea: Workers representatives attending the Conference sent a strong note of protest to the Government of the Republic of Korea (South Korea) expressing "concern and displeasure" over the violation of workers' rights in the country. The move came in the form of a strongly-worded resolution adopted by the Workers' Group. Information supplied at the meeting puts at thirty the number of people detained in the Republic of Korea for activities considered by the ILO Workers' Group to be legitimate and in line with internationally-recognized labour standards. Approximately 40 others are on the Korean authorities' 'wanted' list. Among those in jail is Dan Byun-ho President of the Korean Confederation of Trade Unions (KCTU). Last year, 200 people were put in jail for trade union activities, workers' representatives say. The Workers' Group resolution demands that "the government of the Republic of Korea recognise fundamental workers' rights and unconditionally release all detained trade unionists". It says that the workers' rights situation in the Republic of Korea had deteriorated after the Asian economic crisis of 1997.
China: The situation of labour rights in China was also discussed as the Workers' Group gave the floor to China's independent trade union activist Han Dongfang. "I am speaking for those millions of workers who cannot speak out and organize unions", Mr Han said. He described mounting worker discontent in China where, he said, thousands of workers are being laid off without fair compensation. He also denounced the repression of peaceful demonstrations and the arrest of labour activists. The worker member of the Chinese delegation to the conference was also given the floor during the Workers' Group discussion. While she acknowledged occurrences of workers' discontent, she stressed the All-China Federation of Trade Unions (ACFTU) efforts to address the issue of laid off workers and unionise workers in the private sector. She, however, rejected claims that workers were arrested for trade union activities.
India-Pakistan: "The continuing tensions between India and Pakistan are diverting much needed resources for development into arms-build up, thus further aggravating the unemployment problem and poverty" raging in both countries, the ILO Workers' Group said in a resolution adopted at one of its session. It expressed its "serious worry on the grave consequences for both Pakistani and Indian workers of a potential disastrous war" and called on the Prime Minister of India, Shri Atal Beehari Vajpayee and the President of the Republic of Pakistan, General Pervez Musharaf, "to exercise restraint and to do everything in their power to continue the dialogue and work for lasting peace between the two countries".
Belarus: The credentials of the Belarus workers' delegates to this year's International Labour Conference were rejected as their nomination was done in violation of the Constitution of the UN's International Labour Organisation (ILO), a conference report says. The report accuses the Belarus government of interference in trade union activities. The move followed complaints by the Belarus independent trade unions and the Brussels-based International Confederation of Free Trade Unions (ICFTU). Despite the existence in Belarus of two internationally-recognized national trade union centres - the Federation of Trade Unions in Belarus (FTUB) and the Congress of Democratic Trade Unions of Belarus (CDTUB), which together represent more than 4,000 000 workers -, the government chose to appoint representatives from two local factories (the Minsk Automobile Plant and the Minsk Refrigerator plant) in the delegation to the ILO.
Quotes from international trade union leaders
Guy Ryder (International Confederation of Free Trade Unions): "Firmly grounded in its established values of tripartism, social justice and international labour standards, the ILO has, and must continue, to innovate; standing still as the world of work is transformed cannot be right, and one consequence is that the ILO has to find better ways of engaging enterprises which are, more than ever, key actors in the issues we face. We need them here, and the explosive growth of interest in corporate social responsibility is compelling evidence of their wanting to take a place. If the ILO is unable to engage them, then it risks marginalization precisely where it needs to be centre stage. The ILO has the normative framework which is needed to give direction and credibility to voluntary initiatives".
Willy Thys (World Confederation of Labour): "We all know that democratization of international organizations is necessary. To this end, at our World Congress in Bucharest we took a stand in favour of building a regional and international trade union countervailing force to stand up to neo-liberal globalization and supported the creation of an Economic and Social Security Council within the framework of the United Nations. This body would be charged with ensuring socio-economic regulation of the globalization process, with representation of trade unions and non-governmental organizations".
Alexander Zharikov (World Federation of Trade Unions): "If the present offensive of neoliberal globalization continues, it is understood that all the efforts of the ILO to formulate and promote international labour standards would be neutralized. The trade unions strongly feel that the principles upheld by the Declaration of Philadelphia and summed up by the well-known statement that "labour is not a commodity" are being thrown overboard by the protagonists of neoliberal globalization. The kind of globalization imposed by the neoliberal ruling circles is now seen more like attempts to reinforce financial imperialism and neocolonialism, as it has been pointed out here by the distinguished Prime Minister of Malaysia".
Hassan Sunmonu (Organisation of African Trade Union Unity): "The OATUU and its affiliates categorically maintain that wealth creation, through decent well-paid jobs is the best approach to the eradication of poverty. That is why we reject the attempt to reintroduce the disastrous orthodox structural adjustment programmes of the IMF and the World Bank through the new model of the so-called Poverty Reduction Strategy Papers (PRSPs). As the Right Honourable Dr. Mahathir Mohamad, Prime Minister of Malaysia, told this Conference last week, the neo-liberal economic paradigm being forced on the weak economies of developing countries in the ongoing globalization process, is neo-colonization by another name, and we reject it. Countries should be free to determine their economic objectives and the way to achieve them".
Election to the Governing Body
The Conference elected the new members of the ILO Governing Body on 10 June. The Governing Body comprises a total of 56 members (28 representing governments, 14 for the employers and 14 for the workers). The period of office of the Governing Body is three years. Elections were held to select the 18 Governments which have elective seats (Ten government delegates are appointed by member States of chief industrial importance holding permanent seats: Brazil, China, France, Germany, India, Italy, Japan, Russian Federation, United Kingdom, United States) and the 14 employer and 14 worker members of the Governing Body as well as deputy and substitute members. The new worker member of the Governing Body elected Leroy Trotman (Barbados) as their chair and spokesperson of the ILO Workers' Group. His predecessor, Lord Brett was elevated to the position of chairperson of the ILO Governing Body. Dan Cunniah (ICFTU) was unanimously re-elected as Secretary of the Workers' Group. The full list of Governing Body members can be found on the ILO web site.
___________________________
Link to ACTRAV ILC 02 page
Back to Newsletter index
