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Governing Body Establishes Follow-up to ILO Declaration on Fundamental Human Rights: First Reports to Appear in 1999

GENEVA (ILO News) - In a move designed to strengthen the oversight of fundamental labour standards in the ILO's 174 member States, the ILO Governing Body adopted a programme of action to establish the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labour Conference in June of this year.

Press release | 20 November 1998

GENEVA (ILO News) - In a move designed to strengthen the oversight of fundamental labour standards in the ILO's 174 member States, the ILO Governing Body adopted a programme of action to establish the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labour Conference in June of this year.

The Governing Body also considered the results of a special Commission of Inquiry on Forced Labour in Myanmar which details widespread and systematic use of forced labour in that country and a broad pattern of violation of fundamental human rights by that country's military Government.

In a debate on the report, the labour and human rights policies of the Government of Myanmar came in for withering criticism on the basis of that country's widespread use of forced labour and other grave human rights violations, with some delegates calling into question the ability of the ILO Governing Body to continue dealing with Myanmar in light of its practices and continued neglect of ILO findings. The report had been undertaken under article 26 of the Constitution of the International Labour Organization, a procedure that is only used in the event of grave and persistent violations of ILO standards and repeated non-observance of ILO findings.

The Governing Body paid particular homage to Mr. Hansenne who was attending his last session following a ten-year tenure as Director-General of the ILO. Speakers from the worker, employer and government groups praised Mr. Hansenne's stewardship of the Organization during the tumultuous decade which followed the collapse of communism in 1989. Mr. Hansenne term of office ends in March 1999.

Follow-up to the Declaration

ILO Director-General Michel Hansenne praised the rapidity with which the ILO Governing Body members moved to implement the follow-up, which, along with the Declaration he characterized as "vital to the future work of the ILO and the values of social justice it seeks to defend."

The follow-up has two parts. The first is an annual review of countries that have not ratified one or more of the Conventions relating to the four categories of fundamental rights, to be carried out once a year in the Governing Body. At its present session, the GB decided to embark upon the annual reviews from 1999 onwards (which means that the procedure will effectively start already in March 1999 with the sending of request for information on these rights).

The second part of the follow-up establishes a global review to be carried out annually on one of four categories of fundamental human rights 1 , to be examined in turn, irrespective of whether or not countries have ratified the Conventions relating to these rights. The GB approved a proposal to produce the first global report for the year 2000 on freedom of association, and to continue with the rights: forced labour, the elimination of discrimination in employment and child labour in subsequent years.

The Governing Body requested the International Labour Office to submit specific proposals at its next session in March 1999 to settle a number of outstanding technical and practical questions related to the follow-up, including the composition and number of experts charged with presenting the conclusions of the annual reports to the Governing Body and the form that requests for information on non-ratified Conventions should take. The Governing Body asked that these and any other questions be resolved taking account of the observations made and ideas put forward by the delegates.

Private sector social initiatives

The ILO Governing Body's Working Party on the Social Dimensions of the Liberalization of International Trade had an initial exchange of views on private sector social initiatives. Increasing calls on businesses to be accountable for the social and environmental impact of their operations and the need for enterprises to protect their image have, in recent years, led to numerous private sector initiatives designed to display commitments to good labour practices and to influence the behaviour of consumers and business partners. Such voluntary methods include codes of conduct, labelling programmes and various investor initiatives which together "constitute an important element in the international debate on the social dimensions of economic development", according to a background document submitted to the Governing Body 2 . The Working Party on the Social Dimensions of the Liberalization of International Trade invited the Director-General to make more specific proposals to the Governing Body at its next session in March 1999.

Myanmar

In a report to the Governing Body, an ILO Commission of Inquiry set up in March 1997 to examine the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), drew attention to widespread and systematic recourse to forced labour in Myanmar as part of a disturbing pattern of human rights abuses throughout the country. It noted the impunity with which Government officials, in particular the military, treat the civilian population of the country as an unlimited pool of labourers and servants to build and maintain a whole variety of projects, ranging from roads and railways to construction of military camps, logging camps, hotels and other infrastructure.

The Governing Body members were told by the Commission that events taking place daily in Myanmar amounted to "a saga of untold misery and suffering, oppression and exploitation of large sections of the population." It said the depredations and human rights abuses suffered by the population since 1988 are such that most people "find no escape, except fleeing the country." No segment of the population, including women, children and elderly persons, are exempt from the forced labour requirements, which are "almost never remunerated or compensated."

In view of the flagrant nature of the abuses and the persistent failure of the military Government of Myanmar to comply with the terms of ILO Convention 29 (Forced Labour, 1930), which the country (then Burma) ratified in 1955 the Commission of Inquiry urged the Government to take the necessary steps to ensure:

  • that Myanmar's legislation be brought into line with the Convention without delay, at the very latest by 1 May, 1999;
  • that in particular no more forced or compulsory labour be imposed by the authorities, in particular the military; and,
  • that the penalties which may be imposed for the exaction of forced labour be strictly enforced, with thorough investigation, prosecution and adequate punishment of those found guilty.

The Governing Body noted the Commission's report and the reply by the Government of Myanmar. The Governing Body requested that the Director-General submit to its next session (March 1999) a report on the measures taken by the Government of Myanmar to implement the recommendations contained in the report of the Commission of Inquiry.

Nigeria

The Governing Body also took note of the results of a direct contacts mission, which, among other observations, noted " a strong consensus among workers' and employers' representatives in favour of trade union independence and that the Government has expressed willingness to contemplate a re-examination of the whole trade union question in the light of the ILO's freedom of association principles and standards."

The report also made clear that measures need to be taken in Nigeria with respect to aspects of Nigerian labour law (specifically Decrees Nos. 4, 26 and 29) in the light of comments made by the ILO supervisory bodies, in order to bring Nigeria's legislation into greater conformity with ILO standards. The Governing Body requested the Government of Nigeria to take appropriate action on outstanding freedom of association issues, and decided it will again take up this matter at its March 1999 session.

Social crisis in Asia

The Governing Body examined ILO activities in response to the financial crisis in East and South-East Asia, including the provision of advisory services, research, operational activities and the effective deployment of the ILO's own funding and human resources. A paper prepared for the discussion noted the "serious inadequacy of the social protection systems in most of the countries affected" covering, only as most of them do, "a minority of the labour force (...) for a limited range of contingencies."

The ILO seeks to develop employment promotion policies, including emergency employment creation, strengthening of labour market and human resource development, enterprise promotion, particularly for the job-creating small enterprise sector, and increased social protection.

Targeted measures offer support for vulnerable groups, including women workers, migrant workers and children.

In addition, the ILO has developed close coordination with international and regional financial institutions, including the Asia Development Bank, the World Bank, the International Monetary Fund and donor countries with the goal of promoting improved labour relations, employment and vocational training programmes and workers' rights.

Freedom of Association

The latest Report of the Committee on Freedom of Association adopted at the same session of the Governing Body drew special attention to the increasing violence against trade unionists in Colombia.

The report which was adopted by the full Governing Body, reiterated the "grave concern it had expressed when it examined this case in its meetings of March 1997 and March 1998" and deplored the extent of violence, threats and intimidation directed against Colombian trade unionists and the "total impunity" of the perpetrators. The allegations relate to "murders (over 150), disappearances, physical aggressions, detentions and death threats against trade union officials and members and raids on trade union premises".

The Committee noted with "deep concern that the acts of violence against trade union officials and members have extended to persons close to them, by reason either of family ties, or of their professional activities". Referring to people in the armed forces and police committing illegal and arbitrary acts in the course of their military and police activities, the Committee reminded that it is "the responsibility of the Government to guarantee the correct comportment of its security forces which, in any event and at all times, must respect human rights".

It asked the Government "to keep it informed of the result of the investigations and judicial proceedings that have been instituted in connection with 79 cases of murders, disappearances, death threats and detention involving trade union officials and members", noting that the Government has not sent its observations on the numerous pending or presented allegations in 1998.

Following a complaint concerning the non-observance by Colombia of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.87), and the Right to Organize and Collective Bargaining Convention, 1949 (No.98), made by delegates to the 86th (1998) Session of the International Labour Conference under article 26 of the Constitution of the ILO, the Governing Body asked the Director-General to request the observations of the Government of Colombia on the complaint so as to reach him not later than 15 January 1999. The March 1999 session of the Governing Body will decide whether the case should be referred as a whole to a Commission of Inquiry.

The ILO Committee drew attention to developments in respect of some progress made on freedom of association in the Republic of Korea. It noted with satisfaction the Government's reply dated 29 September 1998 saying that all the 29 unionists who had been detained were released following an amnesty ordered by the President of Korea, Kim Dae-Jung.

It reiterated its request to the Government of Korea to speed up the process of legalizing trade union pluralism at the enterprise level, to extend the right of association of teachers, public servants and other categories of public workers subject to restrictions, and to give a legal status to the Korean Confederation of Trade Unions (KCTU) as soon as possible.

Responding to new allegations made by the KCTU, the Committee expressed its deep concern over the fact that trade union leaders and members were still detained or on trial for activities linked to collective labour disputes. The Committee urged the Government to take the appropriate measures so that persons detained or on trial as a result of their trade union activities are released or that the charges brought against them are dropped. The Committee firmly insisted that the Government did everything in its power to ensure the dropping of all remaining charges against Mr. Kwon Young-kil, former President of the KCTU.

The current session also dealt with a complaint against the Government of Canada (Ontario) presented by the Canadian Labour Congress (CLC) and the Ontario Secondary Teachers' Federation (OSTF) alleging the denial of the right to organize, to bargain collectively and to strike of principals and vice-principals in secondary schools, anti-union discrimination and employer interference.

The Committee noted with concern that this case is one of a series concerning legislative reforms in Ontario, and in each of the cases, the Committee had pointed to incompatibilities with freedom of association standards and principles. It therefore requested the Government to consult with trade unions and employers' organizations to determine how to strive to promote confidence in the labour relations system of Ontario.

It requested the Government to ensure that the teachers' unions concerned are fully consulted and that free collective bargaining could take place on the consequences on conditions of employment of decisions on educational policy.

In other cases, the Committee noted a large number of positive developments, including:

  • The registration of a trade union confederation in Belarus and the repeal of a decree suspending a trade union in that country;
  • The cancellation of fines imposed on trade unions for participation in strikes in Brazil;
  • The enactment of a Bill on the restitution or compensation of assets of trade unions confiscated by the State in Chile and the withdrawal of proceedings against Chilean trade union officials;
  • The lifting of a prohibition on a trade union leader by a High Court in Congo;
  • The holding of elections for staff delegates with the participation of all unions concerned in Côte d'Ivoire;
  • The dropping of charges against a trade union leader for allegedly having abused the right to strike in El Salvador;
  • The holding of new elections for the leadership of the General Confederation of Labour in Lebanon;
  • The withdrawal of the prosecution of 11 trade union leaders in Mauritius;
  • The preparation of a bill on labour disputes giving effect to the previous recommendations of the Committee in Romania; and
  • The publication of a consultative White Paper proposing to outlaw anti-union discrimination and the blacklisting of trade union activists in the United Kingdom.

1 Freedom of association and the effective recognition of the right to collective bargaining; elimination of all forms of forced or compulsory labour; effective abolition of child labour; and elimination of discrimination in respect of employment and occupation.

2 Overview of global developments and Office activities concerning codes of conduct, social labelling and other private sector initiatives addressing labour issues. Working Party on the Social Dimensions of the Liberalization of International Trade. International Labour Office, Geneva, November 1998. GB.273/WP/SDL/1.