"Trade union rights are human rights".
A monthly newsletter produced by the ILO Bureau for Workers’ Activities
No. 5/01
November 30, 2001
Contents
New push for rights, jobs and a social dimension to globalization
World Commission
Global Agenda for Employment
Protecting lives in Colombia
Forced labour still widespread in Burma
Freedom of Association
ILO 2004 Conference
Workers-employers relations
The ILO and WTO
Global crisis, global response
Civil aviation
Hotels and Tourism
Afghanistan: peace through decent work
WCL wants Economic and Social Security Council
New ICFTU General Secretary
New push for rights, jobs and a social dimension to globalization
The setting up of a World Commission on the Social Dimension of Globalization, the adoption of a Global Agenda for Employment, the launch of a special programme to protect the lives of unionists in Colombia and a renewed commitment to eradicate forced labour in Burma (Myanmar) are the main results of the session of the ILO Governing Body which met earlier this month. The Governing Body also called to end serious violations of freedom of association in Belarus and Venezuela.
World Commission
Launched by the ILO Director-General Juan Somavia at this June's International Labour Conference, the proposal to establish a World Commission on the Social Dimension of Globalization was approved by consensus by the ILO Governing Body. (Interestingly, this session of the Governing Body coincided with the Doha ministerial meeting of the World Trade Organization (WTO) which left trade unionists disappointed as the social aspects of international trade were conspicuously absent from the final Declaration). The Workers' Group welcomed the ILO move at a time when the world is facing an economic downturn and the impact of the aftermath of the September 11 terrorist attacks in the United States.
The World Commission will be composed of 18 eminent persons, expected to be named early next year,who will participate in the formulation of a major authoritative report on the social dimensions of globalization, including interaction between the global economy and the world of work.
The choice of members, to be appointed by the Director-General, will include eminent individuals with outstanding personal
achievements and vision, participating in their individual capacity. Respect for gender, regional balance and tripartism will be part of the selection process. The Commission will have a one-year mandate and report to the ILO Director-General and the Governing Body. Its report will be tabled at the March 2003 session of the Governing Body. UN agencies and multilateral institutions (IMF, World Bank, WTO) will be invited to take part in the work of the Commission and the ILO Director-General, the Chairman and the two vice-Chairmen (workers and employers) of the Governing Body will be ex-officio members.
According to the Workers' Group, the Commission should contribute to enhance the visibility and impact of the ILO in the present debates on globalization. The terms of reference of the Commission are broad but will enable workers representatives to contribute on key points, namely, international labour standards. At least two workers' representatives (one from the industrialized countries and one from developing countries) will be among the selected eminent persons.
Global Agenda for Employment
As a follow-up to the Global Employment Forum, which met in November, the ILO Governing Body adopted a 10-point plan aimed at reversing mounting unemployment and poverty due to the dual impacts of global recession and the terrorist attacks on September 11. The Global Agenda for Employment will seek to mitigate a stunning reversal in the global economy which threatens to plunge 24 million people into joblessness, and millions more into poverty. The 10-point plan provides a framework for marshalling such forces as international trade, information technology, entrepreneurship, environmental sustainability, monetary and fiscal policy, education and training, health and safety, labour market policies, social protection and social dialogue to create jobs and alleviate poverty.
Protecting lives in Colombia
With 138 Colombian trade unionists already killed this year, Colombia remains a dangerous place for labour activists. Repeatedly denounced by Workers' representatives (who even called for a Commission of Inquiry in 1998), the seriousness of the situation has led the ILO to embark on a 7 million-dollar special technical cooperation programme with the goal of creating mechanisms to safeguard the lives of trade union and business leaders in that country while strengthening compliance with freedom of association, as well as improving social protection, working conditions and freedom of enterprise in Colombia. The ILO Bureau for Workers' Activities (ACTRAV) has, since June, launched a series of activities, as part of a strengthened cooperation programme. Pending the results of this operation, the ILO Workers' Group has decided to keep its request for a Commission of Inquiry in abeyance, in the hope that the situation will soon improve.
Forced labour still widespread in Burma
On the basis of a report by a High-Level Team which visited Burma (Myanmar) this September, the ILO Governing Body called for the setting up of a permanent ILO presence in the country to monitor the situation. The High Level Team's 20-page report suggests that despite new legislation introduced just one year ago, forced labour still prevails in the country. While the ILO team was able to conduct interviews in many different places in the country, it says that many interviewees were scared that reprisals could be taken against them. The team was given several accounts of people being beaten, detained or otherwise punished for earlier complaints on forced labour. While the team report speaks of a very moderately positive evolution, details of its report remains frightening. The southern Shan State and the Eastern parts of Kayin State near the Thai border are affected by a particularly serious situation of forced labour and the situation is equally worrying in the northern Rakhine State where a majority Muslim population, is reportedly directly affected by forced labour and coexist with a large military presence. In one instance, people were arrested on futile charges, handed over by the police to the military and used as porters. Their clothes were taken away and they were made to wear blue convict uniforms. The were never formally charged nor appeared before a judge. The Team also asked the Burmese government to comment on an unconfirmed report according to which seven villagers who had lodged a complaint with the ruling State Peace and Development Council (SPDC) about increasing use of forced labour by the military in the Shan State were killed and their bodies dumped into a river. This report was corroborated by one of the persons interviewed by the ILO team.
The self reliance of the army, in particular the wide discretion left to local commanders and the impunity of the military from criminal prosecution are identified by the ILO as key obstacles to progress. The ILO report notes that the army has greatly expanded over the last decade (from 120,000 to over 350,000 soldiers according to military intelligence officers.)
According to press reports, the Burmese government is rejecting the proposed ILO presence in the country.
Freedom of Association
The Committee on Freedom of Association celebrated its 50th year of work defending the rights of workers to establish representative trade unions. At a session of the Governing Body, special tribute was paid to the work of the Committee which since 1951 has had to deal with more than 2,000 cases and contributed to free more than 1,000 trade unionists from prison. The Workers Group drew attention to the important nature of this Committee and its relevance for trade unions.
Currently there are 76 cases pending before the Committee. At its present meeting, the Committee has examined 16 cases, reaching definitive conclusions in seven cases and interim conclusions in nine cases. Committee Rapporteur Engelen Kefer drew the attention of the Governing Body to two cases, those of Belarus and Venezuela, due to the seriousness and the urgency of the issues raised therein.
The Committee issued a request to the Government of Belarus to institute truly independent investigations into a series of allegations concerning pressure and intimidation of trade unionists and interference in trade union activities through management efforts to establish new union structures.
In the case of Venezuela, the Committee noted with regret that the Government failed to end the functions of Venezuela's National Electoral Council (CNE) in respect of trade union elections and that the CNE decided to enact a Special Statute for the renewal of trade union leadership, which regulates excessively the electoral process of trade unions. The Committee reiterated its call to put an end to the functions of the CNE and to repeal the Special Statute. The Governing Body's Committee on Freedom of Association issued urgent calls to Belarus and Venezuela to modify legislation and practices which severely limit trade union freedoms.
The Committee also requested the Government of Indonesia to take steps to reinstate workers dismissed from their jobs at the Shangri-la Hotel in Jakarta because of their union activities.
Union members at the 5-star Shangri-La Jakarta Hotel have been locked out since December last year following a protest over the illegal dismissal of their union president, and have been struggling ever since for a return to work and recognition of their union. During the prolonged closure, over 400 union members were permanently dismissed. In a series of conclusions approved by the ILO's Governing Body, the Committee draws the Government's attention to the principle that the dismissal of a worker because of a strike, which is a legitimate trade union activity, constitutes serious discrimination in employment and is contrary to Convention No. 98.
ILO 2004 Conference
A first discussion took place on the items to be put on the agenda for the International Labour Conference in 2004. This discussion will be completed in March. While the Employers’ Group listed a series of items for general discussions including migrant workers, gender issues and social dialogue, the Workers’ group insisted that these and other items should be discussed with a view to adopting new standards.
The discussion on social dialogue ended by a consensus from the ILO’s governments, employers and trade unions that such dialogue should be directly linked to the tripartite philosophy at the ILO and should not be confused with the civil society dialogue which includes Non-Governmental Organizations.
Workers-employers relations
Lord Brett, chair of the Workers’ group welcomed the new climate and the improvement in the relationship between employers and workers at the ILO. The new chair of the employers’ group was invited to address a session of the workers’ group. In his speech he insisted that dialogue, the search for consensus and the commitment to ILO objectives are shared values between the two groups.
The ILO and WTO
The Workers’ group adopted a statement on the eve of the opening in Doha of the 4th Ministerial meeting of the World Trade Organization (WTO). “The Doha Ministerial meeting of the World Trade Organisation can enhance sustainable and equitable economic and social development, social dialogue and decent work, by ensuring that the WTO plays its full part in promoting, for all workers in all countries, their fundamental rights”, the statement said.. The Declaration refers to ILO Conventions on freedom of association and the right to collective bargaining, on freedom from discrimination in occupation and employment, on freedom from all forms of forced labour and on freedom from child labour.
The statement, which was sent to WTO Director General Mike Moore, the ILO Workers’ group stressed that labour is not a commodity and that the Doha meeting should instruct the WTO to engage in constructive dialogue with the ILO to give meaning to the commitments of the 1996 Singapore WTO Ministerial regarding core labour standards.
The ILO Workers’ group also expressed support for the proposals made by the international trade union movement at the conference in Doha.
International trade union organizations have expressed disappointment at the outcome of the Doha meeting which, according to them, “ to take the opportunity to tackle the inequities of globalization by doing something effective for social justice, democracy and the protection of basic workers’ rights”.
Global crisis, global response
Responding to the crisis provoked by the terrorist attacks on September 11, the ILO has taken a series of initiatives aimed at rescuing tourism and civil aviation, to two hardest hit industries, as well as proposing a reconstruction strategy for Afghanistan.
Civil aviation
The ILO has called for a series of operational measures to rebuild the devastated aviation sector, saying it would take "years" for the industry to return to its pre-September 11th levels. In a statement issued on October 30 after two days of talks by a think tank grouping independent and industry experts, as well as representatives of airlines and unions, the ILO said "the events of 11 September were unlike any other shock experienced by the industry to date."
The air transport industry employs some four million persons worldwide, of which more than 200,000 have lost their jobs or will in the immediate future. However, the ILO also said the post-September 11 crisis is expected to have a disruptive impact on all segments of the industry, from employment to incomes, technology to investment as well as restructuring
including partnerships and global alliances.
According to the International Transport workers Federation (ITF) whose representatives took part in the meeting, airlines around the world have warned of possible job losses of more than 100,000. In addition the aircraft manufacturer Boeing has announced a possible 30,000 job losses. These losses are not just in the US but have been warned by airlines around the world. A protracted military conflict could severely exacerbate these cutbacks. Analysts have revised their estimates for losses in the airline industry for 2001 from US$10 billion to more than US$20 billion. This already dwarfs the US$7.5 billion losses of IATA airlines in 1992 following the Gulf conflict, the worst recession to date suffered by the airline industry. Lower passenger numbers, rising fuel costs and a slow-down in aircraft turn-around times and utilization are likely, in the short term, to worsen a situation in a year in which has already seen a number of airlines on the brink of bankruptcy.
Despite the bleak outlook, the participants at the meeting agreed to push ahead with the following operational measures to combat the crisis:
• A review of the economic and regulatory framework for all segments of the industry and renewed reflection on the "public interest" function and the regulation of air transport, irrespective of the ownership model;
• Focusing on safety culture and the role of human factors to address safety and security issues to restore passenger confidence;
• Technology and investment, notably in safety, can contribute to the improvement of safety and security and create new work opportunities;
• Immediate action by governments, employers and workers is needed to mitigate the job and income losses and retain skills. The employment impact disproportionately affects women and ethnic minorities.
• Closer collaboration between international organizations to deal in a coherent manner with the mid-and long-term effects of the crisis
The ILO will discuss the issues further at a Tripartite Meeting on Civil Aviation: Social and Safety Consequences of the Crisis Subsequent to the 11 September Events, to be held in Geneva from 21-25 January 2002.
Hotels and Tourism
Experts of governments, employers and workers from the hotel and tourism sector had a two-day meeting in October at ILO and agreed on a list of operational measures to overcome the crisis affecting the tourism industry since September 11.
These include: underlining the need for cooperation, not confrontation; the need to recognize the importance of tourism for national and global economies; and to undertake additional measures to complement existing social safety nets.
The tourism economy employs 207 million people worldwide, equivalent to eight percent of global employment. The industry has estimated job losses could be at least 8.8 million worldwide. In some countries, like the United States, the effect on the hotel and tourism workforce could be as high as 50 percent.
Recommendations put forward by the social partners at the meeting include action by governments to:
• Adopt policies aimed at enlarging the number of people for whom tourism opportunities are available, including special provisions aimed to encourage those on lower incomes to engage in tourist activities;
• Respond to joint approaches by governments to employers and workers organizations in the sector to initiate temporary measures to reduce costs, including a review of all tourism related taxation during the crisis period;
• Agree that education and training programmes to retain employees within the industry should be at no cost to employees and are an alternative to unemployment benefits;
• Approach relevant international financial institutions (the World Bank and IMF) to provide the necessary resources on favourable terms to those countries who are unable to finance the emergency measures from their own national budgets.
Action needed by employers and workers organizations include commitments by the social partners to seeking mutually agreed ways to extend employment, avoid and limit employment losses and, wherever possible, to give priority to reintegrating workers facing short-term job losses as a result of the crisis. Representatives from International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and Union Network International (UNI) took part in the meeting.
Afghanistan: peace through decent work
“The massive employment challenge, faced by Afghanistan and its neighbours, has to be tackled as a critical part of the reconstruction and recovery programme”, says the ILO in a 15-page document entitled “Peace through decent work: ILO strategy for the crisis in Afghanistan and its neighbours”.
The ILO says it is concerned that the reconstruction and recovery programmes may miss important opportunities of securing direct and indirect benefits that could immediately flow to the local populations if employment is not made central to the overall recovery strategy. The ILO approach is essentially rights based, founded on the fundamental principals and rights at work. It emphasizes local ownership and sustainability, a democratic involvement of local people in planning and implementation, close collaboration with key UN and non-UN partners and donors, special consideration of gender issues, flexibility and the building of coping strategies.
The ILO Strategy addresses the need for practical employment policies and programmes from the very outset, embracing both the rural and urban economies and in a coherent an integrated manner. The ILO Strategy involves starting with a rapid labour market assessment, the setting up of emergency employment services for use by all agencies, a focus on ensuring women’s re-entry into the labour market, using local level planning to identify needs and to rebuild essential infrastructure and local enterprises and local economic development (LED) for this purpose, identifying basic skills development needs and facilitating the realization of these needs and promoting entrepreneurship and facilitating access to credit.
The ILO strategy, which has an immediate and medium term phasing, also addresses the vital question of socio-economic reintegration of demobilized combatants; child soldiers as well as adults. For the medium term, institutional capacity building and assistance to the new Government to develop an appropriate labour code and associated legal frameworks, introducing affordable social protection measures and developing longer-term employment strategy. Donor support would be required for the realization of the proposed plan of action.
WCL wants Economic and Social Security Council
In conclusion of its World Congress which took place in Bucharest at the end of October, the World Confederation of Labour (WCL) demanded the creation of an Economic and Social Security Council to protect the social rights. It also opts for alliances with other social actors and takes a clear stand in favour of a legal monitoring of the economic globalization. The ILO was represented at the Congress by its Executive Director, Kari Tapiola, and the Director of the ILO Bureau for Workers’ Activities, Manuel Simón.
«The WCL commits itself to working on the establishment of basic social, labour and ecological regulations to guide and redirect the globalization. The governance of the globalization must take into account the international labour standards of the ILO and the human rights conventions of the United Nations.», says a Congress statement.
Delegates which represented unions in 115 countries, took a very clear stand in favour of a strict regulation of the market economy. A regulation which must take a twofold shape: a countervailing trade union power and an institutional monitoring.
On the one hand, the WCL has declared itself in favour of «building a regional and international countervailing trade union power to stand up to the globalization. Trade unionism must be much more present in the emerging worldwide public opinion.» With its affiliates it will set up an action programme, Global Economy and Human Development, so as to clearly affirm that generalized welfare is the aim and the economy a means to achieve it.
On the other hand, the WCL has taken a clear stand in favour of an Economic and Social Security Council within the framework of the United Nations. This body would be in charge of ensuring the socio-economic regulation of the globalization, and trade unions and non-governmental organizations would be represented in it.
In case of standards-related conflicts between international institutions, for instance, when the WTO concludes an agreement on the liberalization of trade that runs counter to a convention of the ILO on the labour rights or to a human rights charter, it is the Court of Justice in The Hague that should have the power to settle the dispute, as is provided for in the United Nations system. The international trade union also «makes it its goal to upgrade the action of the ILO as a tripartite standard-setting body» and «to strengthen the international labour standards».
The new president of the WCL, Basile Mahan Gahé from Côte d’Ivoire, stressed that an important step had been taken in the direction of greater proximity to other social actors. First, by considering the workers’ movement in the broad sense of the word, including those weakly organized in trade unions. This is the case of the informal-sector workers, for instance.
To the WCL, trade unionism must indeed co-ordinate «with other social bodies whose aims are the improvement of the dignity and the quality of life of the most marginalized individuals and groups».
Whereas the trade union world is generally rather reticent about such an opening, the action priorities of the WCL mention clearly the need to search «the necessary co-operation with the other forces of change: the other trade unions and in the first place the ICFTU, the movements and other organizations (NGOs) of society struggling against neo-liberalism».
Repeatedly, and on the impetus of the WCL’s affiliates in the developing countries, the document refers to the «trade union and social movement», a larger concept that just trade union movement. Willy Thys (Belgium) was re-elected as WCL General Secretary.
New ICFTU General Secretary
Guy Ryder, current special adviser to ILO Director-General Juan Somavía, has been appointed acting
General Secretary of the International Confederation of Free Trade Unions (ICFTU), replacing Bill Jordan, who is retiring. Bill Jordan, who has served as ICFTU General Secretary since 1995, saw his term of office renewed for four years at the April 2000 congress. At the extraordinary meeting of the ICFTU Steering Committee in July 2001, he announced that he would be retiring from his post.
There is a need to mould, re-engineer the international trade union movement to the requirements of our times and the challenges they bring, said Guy Ryder, who was appointed to the top job at the ICFTU by its Executive Board, which met in Brussels from November 21 to 23.
Guy Ryder, 45, was born in Liverpool, UK. He worked as an assistant in the international department of Great Britain's Trades Union Congress (TUC) from 1981 to 1985, then served as Industry Trade Section Secretary at the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) in Geneva from 1985-1988. From 1988 to 1998, he was subsequently assistant director and director of the ICFTU's Geneva office. At the same time, he served as secretary of the Workers' Group of the Governing Body of the International Labour Office (ILO) in 1993-96 and 1996-98 and also secretary of the Workers' Group of the International Labour Conference in 1994-98. From 1998 he worked at the International Labour Office as Director of the Bureau for Workers' Activities and was appointed Chief of Cabinet of Director-General Juan Somavía in March 1999.
Bill Jordan, who is 65, was elected General Secretary of the ICFTU in 1996 after serving as Acting General Secretary in 1995. In 2000 he became a member of the House of Lords.
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