Global Report under the Follow-up to the ILO Declaration
on Fundamental Principles and Rights at Work

Organizing for social justice
Report of the Director General

International Labour Conference
92nd Session 2004

Report I (B)

 

Introduction

This is the first Report of the second cycle of Global Reports under the follow-up to the ILO Declaration on Fundamental Principles and rights at Work. Four years after the first Global Report on freedom of association and the effective recognition of the right to collective bargaining,1 this principle and right remain the focus of attention. This fundamental right has been enshrined in the Constitution of the ILO since 1919. It has a dual role, as a fundamental human right at work and as an important element of economic, social and political processes.

The fundamental principle of freedom of association and the right to collective bargaining is a reflection of human dignity. It guarantees the ability of workers and employers to join and act together to defend not only their economic interests but also civil liberties such as the right to life, security, integrity and personal and collective freedom. It guarantees protection against discrimination, interference and harassment. As an integral part of democracy, it is also key to realizing the other fundamental rights set out in the ILO Declaration.

Research and analysis have demonstrated that respect for freedom of association and the right to collective bargaining also plays an important part in sound economic development. It has a positive effect on economic development by ensuring that the benefits of growth are shared, and promoting productivity, adjustment measures and industrial peace. In a globalized economy, freedom of association and the right to collective bargaining in particular provide a connecting mechanism between social goals and the demands of the marketplace. Consequently, the real debate cannot and should not be on whether to respect these principles and rights, but on how best to respect and make use of them.

Organizing for social justice continues the assessment of current trends begun in Your voice at work. It will come as no surprise that the picture is mixed. Despite a general positive trend, linked to the spread of democracy, high rates of ratification of the fundamental international labour standards, and increased transparency in global markets, serious problems remain. Violations of freedom of association rights of both employers and workers persist in different forms, including murder, violence, detention and refusal
to allow organizations the legal right to exist and function. People continue to lose their lives and their freedom for attempting to organize and defend collectively their fundamental rights. Problems range from the tragic and complex case of Colombia to obstacles to extending legislation and protection beyond the sphere of established industrial relations. The ILO provides assistance in resolving problems regarding respect of freedom of association when these arise, for example by supporting governments’ efforts to reform their legislation and procedures, or by intervening to obtain the release of imprisoned trade unionists.

A still largely unexplored area is the informal economy, where economic actors including workers, entrepreneurs and the self-employed must have the right to organize. Obviously, it is inconceivable that there should be fully viable representative structures for only a fraction of the workforce and employers. Through alliances, assistance, cooperation and services, trade unions can reach out to those who are organizing in the informal economy. Employers’ organizations have a direct link through subcontracting and other commercial arrangements, as production chains extend deep into the informal economy. One question facing employers is how to foster respect
for fundamental rights without hampering the potential for entrepreneurship and growth in the informal economy. The fact remains that neither employers’ nor workers’ organizations can, by themselves, fill the growing governance deficits in the informal economy that were identified by the general discussion on this subject at the International Labour Conference in 2002.

This Report also looks at the relationship between freedom of association and the settlement of labour conflicts. This is particularly important in societies in transition. In a centrally led single-union system, labour conflict was not supposed to exist; to the extent that it did exist, it was dealt with by the centralized structure. When economic transformation leads to insecurity and unemployment, if no appropriate mechanisms are in place to deal with their effects with the full participation of those concerned, protest action and conflicts which erupt are dealt with by the law enforcement authorities, and criminal charges may be brought against the leaders of such action.

The examples of action given in this Report illustrate a wide variety of ways in which the ILO and its constituents tackle different aspects
of freedom of association and the effective recognition of the right to collective bargaining. The approach of the ILO Declaration is based on the premise that these principles and rights are not part of the problem – they are part of the solution. Again, the real question is not whether to respect, realize and promote them, but how best to do this.

 

 

Complete document, in PDF format, on the ILO Internet site

 

 

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