international instruments for protection and promotion of workers’ rights in the era of...
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International Instruments for International Instruments for Protection and Promotion of Protection and Promotion of
Workers’ RightsWorkers’ Rightsin the Era of Globalization in the Era of Globalization
Points for DiscussionsPoints for Discussions
Summary of international instruments available for trade unions in their campaigns for core labour standards and labour rights;
Focus on multinational enterprises as a focal point for trade union campaigns
International Opportunities for TUInternational Opportunities for TUUN
• UN Declration on Human Rights, Internatonal Convenant on Economic, Social and Cultural rights, the UN GLOBAL compact ILO
• Conventions/recommendations• Supervisory mechanism• FoA• ILO Declaration on Fundamental Workers Rights• ILO Tripartite Declaration on MNEs and Follow-up
OECD• Guidelines on MNEs• TUAC
IMF/WB• SAP’s and PRSP
WTOG8 and regional / bilateral /unilateral initiatives
• Consultations with labour unions and labour rights clausesCSR and private voluntary initiatives
• Codes of conduct• Negotiated instruments• Framework agreements
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.
ILO and the INTERNATIONAL LABOUR CODE
Conventoions
Recommendations
Declarations
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 Declaration on Fondamental Principles and Rights at Work
Core labour standards:
- FoA and C.B.
- Discrimination
- Forced labour
- Child labour
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
IMF/WB
SAPs
PRSP
CSR and private voluntary initiatives
Initiatives undertaken by management
CSR and the process of globalising production (EPZ)
Importance of the image of the company/fragility of markets
CSR and TUCSR is a positive process for TU if:
- Strengthen FoA and the creation of unions- Strengthen C.B- Support organising- Not only comply with the law but it goes beyond
national legislation (socially and ethically responsible to stakeholders/local communities)
- Alliances TU and civil society
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 ConductNew Codes of Conduct (New COC)Framework Agreements (FA)
1970s
1990s
Code of ConductCode of Conduct
Unilateral declaration, mainly for social appealCode of conduct for business
– consumer rights, product safety or environmental protection
– ethical behaviour codes for employees
International instruments to monitor the social responsibility of 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;
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
Codes of Conduct (issues by Codes of Conduct (issues by frequency)frequency)
Labour Standards 148
Environment 145
Consumers’ Protection 117
Corruption 56
Competition 50
Access to Information 45
Science and Technology 26
Taxation 1
Codes of Conduct: ContentsCodes of Conduct: Contents
Satisfactory Working Environment 75.7
In accordance with the law 65.5
Eliminating Discrimination or sexual harassment 60.8
Compensation 45.3
Prohibition of Child Labour 43.2
Obligations for Suppliers and Sub-contractors 41.2
Prohibition of Forced Labour 38.5
Training 32.4
Working Hours 31.8
Freedom of Association 29.7
Codes of Conduct: Contents (cont.)Codes of Conduct: Contents (cont.)
Specific Mention of Human Rights 25.0
Monitoring 24.3
Right to Information 13.5
Mention of ILO Codes 10.1
Promotion 8.8
Information provided reasonably in advance 3.4
Eliminating Excessive use of Temporary Jobs 3.4
Flexible Relationships in Work Environment 0.7
Certification Systems and Social Quality Labels
ETI (Ethical trade Initiative, UK) FLA (Fair Labour Association, USA) FWF (Fair Wear Foundation, NL) TCFUA (Textile, Clothing and Footwear Union of Australia WRC (Worker Right Consortium, USA) WRAP (Worldwide Responsible Apparel Production, USA) ISEA (Institute of Social Ethical Accountability, UK) FLO (Fair Label Organization, UE) SA8000 (Social Accountability 8000, USA/Europe) Social Accountability Certification for Consumers (Italy) DET Sociale Indeks (Denmark) Label Socialment Responsable (France)
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
Negotiated agreements and global labour relations
Framework agreements negotiated between:Framework agreements negotiated between:
Global union Federations (GUFs) and MNEsGlobal union Federations (GUFs) and MNEs
Framework AgreementsFramework Agreements
“An agreement negotiated between an MNE and an international trade union organization (such a GUFs) 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 GUFs 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)
Codes of conduct and FACodes of conduct and FA
Codes of Conduct International Framework Agreements
Unilateral actions Negotiations between workers and management
Not all Core Labour Standards are necessarily acknowledged
All Core Labour Standards are explicitly acknowledged
Rarely address suppliers Usually include suppliers
Monitoring, when envisaged, is under the management’s control
Unions are called to participate in the implementation process
Feeble basis for dialogue Strong basis for dialogue between unions and management
Three Important Aspects for CoC Three Important Aspects for CoC and FAand FA
Capacity of GUFs to engage in F.A. or Codes of conduct with a large number of MNEs
Capacity of MNEs to control subcontractors or supply-chains
Practical applications (implementation) of F.A.and codes of conduct
Regional Economic Agreement
National Labour Relation / Tripartite
Committees
ILO Tripartite Declaration on
MNCs
International InstrumentsInternational 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
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 networks/IT and communication systems
PROGRAMME FOR WORKERS’ ACTIVITIES OF THE ILO TURIN
CENTRE(ACTRAV)
WWW.ITCILO.IT/ACTRAVWWW.ITCILO.IT/ACTRAV
ACTRAV-Turin