international instruments for protection and promotion of international labour standards in the era...
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International Instruments for International Instruments for Protection and Promotion of Protection and Promotion of
International Labour StandardsInternational Labour Standardsin the Era of Globalization in the Era of Globalization
Challenges TodayChallenges TodayMission for Trade Unions:
From “Social Exclusion” to “Social Inclusion” - social justice with stability, sustainability and predictability
What’s Needed?:To reach as many workers as possible, assuring their rights can be secured
How?By effectively and maximally utilizing all means available for protecting and promoting core standard
Points for DiscussionsPoints for Discussions
Summary of international instruments available for trade unions in their campaigns for core labour standards;
Focus on multinational enterprises as a focal point for trade union campaigns
Regional Economic Agreement
National Labour Relation / Tripartite
Committees
ILO Tripartite Declaration on
MNCs
Summary of International InstrumentsSummary of International InstrumentsInternational
National
Private Public
ILO Declaration on F.P.R.W.
Framework Agreements
Code of Conducts
Social Labelling
Labour Legislation
CFAILCs
UN Global Compact
OECD Guidelines for MNCs
ILO Conventions:ILO Conventions:Supervisory MechanismSupervisory Mechanism
For Ratified Conventions– Article 22 Report - Review by CEACR
– Article 24 : Representation
– Article 26 : Complaint
For Non-Ratified Conventions– Article 19(5-e) Report
For Freedom of Association matters– Special procedure through Committee on Freedom
of Association
Annual Reviewon Non-ratified Core StandardsGeneral Survey
ILO Declaration
++
ILO Tripartite Declaration on ILO Tripartite Declaration on Principles concerning MNEs Principles concerning MNEs
Adopted in 1977 by GB (amended in 2000) as a voluntary instrument to:– Regulate conduct of MNEs– Define the terms of MNEs relations with host
countries, esp. in labour-related and social issues
Aims for:– Enhancing the positive social and labour effects of
the operations of MNEs
ILO MNE Declaration : Follow-upILO MNE Declaration : Follow-up
A Procedure adopted by GB in 1980 (revised in 1986) as promotional tool to:– provide for the submission of requests for
interpretation in cases of dispute on the meaning/application of its provisions
Survey– The effect given to the principles of the
Declaration is “monitored” through a periodic survey (7th Survey for 96-99)
OECD Guidelines for MNEsOECD Guidelines for MNEs
Adopted in 1976, and reviewed in 2000Guidelines is:
– Recommendations addressed by governments to MNEs
– Voluntary principles and standards for responsible business conduct
Major components: NCP, CIME, and TUAC
OECD Guidelines : 2000 ReviewOECD Guidelines : 2000 ReviewExpanded Coverage
– All core standards, environment performance, human rights, corruption and consumer interests
– Global application, not just in OECD countriesStrengthened National Contact Point (NCPs)
– handle enquiries, assist in solving problems, and report and meet annually on national experiences
– promote Guidelines for effective implementationNew Actor : NGO
UN Global Compact (1)UN Global Compact (1)
Shared value for the global market, promoting global citizenship
9 Principles– Human Rights
1. Businesses should support and respect the protection of internationally proclaimed human rights.
2. Make sure they are not complicit in human rights abuses.
UN Global Compact (2)UN Global Compact (2)
- Labour3. Businesses should uphold the freedom of association and the effective
recognition of the right to collective bargaining;4. The elimination of all forms of forced and compulsory labour;5. The effective abolition of child labour; 6. Eliminate discrimination in respect of employment occupation.
- Environment7. Business should support a precautionary approach to environmental
challenges;8. Undertake initiatives to promote greater environmental responsibility; 9. Encourage the development and diffusion of environmentally friendly
technologies.
Development ofDevelopment ofPrivate Voluntary Initiatives (PVI)Private Voluntary Initiatives (PVI)
As response of global community to the growing power of MNEs
Alternative Trade OrganizationsSocial Labelling (SL)Codes of Conduct (COC)New Codes of Conduct (New COC)Framework Agreements (FA)
1970s
1990s
Code of Conduct…(old)Code of Conduct…(old)
Unilateral declaration, mainly for social appealCode of conduct for business
– consumer rights, product safety or environmental protection
– ethical behaviour codes for employees
Code of conduct for international business– ILO MNE Declaration– OECD Guidelines for MNEs– attempt by UN to set a global code
Note:These are not VPIs!
New Code of ConductNew Code of Conduct
Four Major CharacteristicsPurely private, voluntary initiative (PVI)Response to the situation of poor labour
standards created by the failure of national governments and of international community;
international applicationCross-cutting application to suppliers and
subcontractors
Definition of New Code of ConductDefinition of New Code of Conduct
“Commitments voluntarily made by companies, associations or other entities which put forth standards and principles for the conduct of business activities in the marketplace”
(“Workers’ tool or PR ploy?” – by Dr. I. Wick)
Number of New CodesNumber of New Codes
246 codes (June 2000 by OECD study)- 118 by individual companies, 92 by industry and
trade associations, 32 by partnerships between stakeholders and 4 by inter-governmental organizations
- Only 163 mention monitoring- Only 30% mention freedom of association, and
only10.1% refer to ILO codes
Why New Codes are important for Why New Codes are important for Trade Unions?Trade Unions?
New Codes are on “labour practice”
Most companies adopt COC without involving trade unions So, they can be used as an excuse
for having no union
So, they can be used as an excuse for having no union
Great potential and also danger
Truly applied, codes may establish ILSs as binding international framework for responsible corporate behaviour So, union’s involvement is vitalSo, union’s involvement is vital
Why New Codes are important for Why New Codes are important for ILO/ACTRAV?ILO/ACTRAV?
If truly applied, codes may establish ILSs as binding international framework for responsible corporate behaviour
ILO/ACTRAV Need to:
- Know pros and cons of new codes of conducts
- Establish basic criteria/standards for verification
- Train workers’ organizations
Some Questions to be ConsideredSome Questions to be Considered
Can codes really promote freedom of association and collective bargaining?
Should national trade union organizations negotiate codes with MNEs?
Should trade unions be responsible for implementation/monitoring of codes?
What are credible systems of verification?
Framework AgreementsFramework Agreements
“An agreement negotiated between an MNE and an international trade union organization (such as an ITS) concerning the international activities (or behaviour)of the company”
Main purpose of framework agreements is to establish an ongoing relationship between the MNE and the ITS to frame “principles” of industrial relations and good labour practices
Major Framework AgreementsMajor Framework AgreementsIUF
- Danone (1988), Accor hotel group (1995), Nestle (1996), Del Monte (2000) and Chiquita (2001)
IFBWW- Ikea (1998), Faber-Castell (2000), Hochtief (2000)
ICEM- Statoil (1998), Freudenberg (2000)
UNI- Telefonica (2000), OTE (2001), Carrefour (2001)
Points for Observations of F.A./COCPoints for Observations of F.A./COC
Substance (reference to core labor standards)Participation (trade unions / social actors)Social responsibility (production chains)Independent verificationComplaint and appeals (dispute settlement)Incentives (sanctions)
Exercise 1Exercise 1
1. Compare the following F.A.s :① IFBWW/IKEA Agreement
② IUF/Colsiba-Chiquita Agreement
③ UNI/H&M Agreement
2. Discuss which F.A. is the best and how these F.A.s can be improved.
3. Discuss whether F.A. can be effective tool for international trade union movement in general, and for Filipino workers in particular. Give reasons.
Three Important AspectsThree Important Aspects
Capacity of ITSs to engage in F.A. with many MNEs
Capacity of MNEs to control subcontractors or supply-chains
Practical applications (implementation) of F.A. in regions, countries and local communities
So, What Do You Think?So, What Do You Think?
Do you think the Framework Agreements can be a new tool for trade union campaigns?
How do you think national/local trade unions can maximally use F.A.?
Policy and Strategy for T.U.Policy and Strategy for T.U.
Set up institutional mechanisms and capacities to fully utilize all the available international instruments– Regular reporting
– Complaints procedures in case of violation
– Multilateral approaches to problem-solving
Importance of International, Regional, and Sub-regional trade union network
Exercise 2: Case StudyExercise 2: Case Study
1. Consider the following case and see what the trade union can do:
In a newly set-up EPZ in a beautiful island country, called DREAMLAND, a Japanese electronic company ISHIBASHI has been continuously harassing leaders of employees in a bid to prevent the formation of a trade union in its factory.
2. Now, think about:- What options do you have to help the workers?- What information do you need to know?
The End…The End…
ACTRAV-Turin
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