In today s universal market economy, economic growth is

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1 An important time for promoting rights at work In today s universal market economy, economic growth is essential although it is not sufficient to guarantee equity and alleviate poverty. Over the past decades, the process of globalization has been unable to provide the «promised» benefits for the majority of the world s population. Consequently, job security has become more unstable and levels of income even more uneven. This situation has increasingly driven people to seek livelihoods in the widespread informal sector and in other precarious forms of employment at times generating political and social instability. In order to cope with these difficult challenges, the international community has reaffirmed its commitment to support institutional strengthening and to improve policies for the attainment of social justice. In 1998, this commitment was enshrined in the International Labour Organisation s (ILO) Declaration on Fundamental Principles and Rights at Work. The ILO, a specialised agency of the United Nations system, has a tripartite structure and makes decisions through discussions with governments, workers and employers organizations. The Declaration on Fundamental Principles and Rights at Work is a concrete expression and commitment to ensure the universal values on which the ILO was founded. The objective of the Declaration is to encourage efforts that ensure social progress keeps pace with economic progress. 1

2 For this purpose, the Declaration covers four essential conditions for the attainment of social justice, namely: Freedom of association and the effective recognition of the right to collective bargaining; The elimination of all forms of forced labour; The abolition of child labour and; The elimination of discrimination in employment and occupation The Declaration is applied to all ILO Members States (176 countries and their respective workers and employers organizations) regardless of their level of economic development or their cultural and historical values. It contains the essential work-related aspirations of all people. The Declaration establishes a framework in which all people can freely choose from different labour options considered to be the most equitable. There are several international instruments that are based on these principles and rights which seek to uphold respect for these basic human values. These include: the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of Discrimination against Women, and; the Convention of the Rights of the Child. There are also several regional instruments also supporting these rights such as the American Declaration of the Rights and Duties of Man. Work should be chosen freely and exent from threat and punishment. From a legal viewpoint, the ILO recognizes that these international instruments put these rights into practice, transforming them into national laws, through ratification by Member States. By creating national legislation, the application and benefits of these fundamental principles and rights are assured surpassing a mere general respect for the Declaration. 2

3 The rights stated in these instruments are considered the necessary foundation to achieve sustainable economic growth and development (paragraph 54, b of the Action Program of the World Summit on Social Development held in Copenhagen). They represent the irrevocable dignity as well as equality of the human being within society. In accordance with the ILO Constitution, these rights illustrate the conviction that labour is not a commodity. ILO FUNDAMENTAL CONVENTIONS The Declaration on Fundamental Principles an Rights at Work cover four essential categories in the world of work. In each of these categories there are two Conventions that further stipulate and define these rights. Presented here are the eight core labour standards that further emphasize the commitment of the international community to respect these basic human rights at work. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING Freedom of Association and Protection of the Right to Organise Convention, 1948 (N 87) Right to Organise and Collective Bargaining Convention, 1949 (N 98) FORCED AND COMPULSORY LABOUR Forced Labour Convention, 1930 (N 29) Abolition of Forced Labour Convention, 1957 (N 105) CHILD LABOUR Minimum Age Convention, 1973 (N 138) Worst Forms of Child Labour Convention, 1999 (N 182) DISCRIMINATION Discrimination (Employment and Occupation) Convention, 1958 (N 111) Equal Remuneration Convention, 1951 (N 100) 3

4 4 To promote the Declaration: a necessary objective The ILO s Declaration on Fundamental Principles and Rights at Work, adopted in 1998, is a vital instrument that puts into practice human rights at work which draws it strength from the recognition of the existence of certain basic workers rights. The Declaration is more than a mere expression of intent by the international community. The Declaration includes a promotional Follow-Up mechanism that provides concrete steps and activities which Member States as well as the workers and employers organizations can undertake to fully realise application of these fundamental rights. The Follow-up to the Declaration outlines specific mechanisms by which the fundamental principles and rights can be implemented and progress measured. The first mechanism is the Annual Review which requires Member States that have not ratified one or more of the fundamental Conventions in the categories covered by the Declaration to provide information on the measures taken to promote and respect these rights. Additionally, workers and employers organisations provide information and comments on the Governments efforts to realise the fundamental principles and rights. The second mechanism provided for by the Follow-Up to the Declaration is the Global Report. The Global Report is an annual dynamic snapshot of the activities and trends as they relate to the relevant issues of the Declaration. The Global Report, which focuses on one of the fundamental principles and rights each year,

5 highlights areas which require further attention and can play an important part in determining the priorities for the technical assistance to specific countries and regions. The Declaration has become an indispensable tool in promoting respect for these fundamental principles and rights, in terms of increasing understanding about these issues as well as the effectiveness of specific responses in the form of technical assistance and awareness-raising. The Declaration is a living instrument that supports and evolves in parallel with the ILO s fundamental Conventions and the recommendations of the organisation. The Declaration also represents a renewed commitment by the Member States to achieve an economic and social environment that is firmly based on dignity people at work and full application of these principles and rights. In this regard, it encourages constituents to channel their efforts towards mobilizing resources for the development and implementation of activities that are essential to achieving universal realisation of the benefits of these fundamental rights. All workers and employers have the right to freely form and join groups for the promotion and defence of their occupational interests. 5

6 The Declaration and social partners Workers and employers organizations are vital to the full realisation of the Declaration because as members of the ILO they are direct beneficiaries of all its activities as well as spokespersons actively promoting the principles and rights. The ILO considers it indispensable that these organizations participate in deliberation on effective strategies for the application of these rights in each of their countries. The workers and employers organisations play a central role in the Follow-Up to the Declaration through their provision of information and data on the status of implementation as well as support in drafting national legislation that is consistent with the fundamental principles rights. Furthermore, since the members Children have the right to be protected from economic exploitation and from work that is dangerous for their health and morals. 6

7 Promotion in the Americas Promotional activities about the Declaration have been focused on specific countries of the region essentially through the dissemination of information on the principles and rights at work through mass media. The theoretical and academic discussions on the Declaration have yet to be sufficiently explored. Further communication activities are being developed while the campaign in Bolivia has been completed. No work can be decent if a promotion on equal treatment and opportunities policy doesn t exist. The overall impact of these programmes on the various target audiences may be described as broad and general. There is basic understanding by the public of the fundamental principles and rights, however, there is no clear appreciation for their importance and its specific context. Moreover, when the ILO is discussed there is a certain misunderstanding between international conventions and its ratification process, and the promotional nature of the Declaration and its role as a minimum level recognized by the international community. To date, activities have focused on general promotion of the principles, although there is need arising for the development of strategies at different levels to effectively apply the principles and rights through collaborative activities. 7

8 Towards this end, efforts are being discussed for an in-depth comparative analysis of experiences at the national level and the development of effective initiatives based on economic and technical possibilities of each country to determine a possible national action plan. In addition to the previously mentioned activities, specific activities related to child labour, the promotion of labour unions and gender issues are being developed by the ILO in collaboration with the OAS. In the immediate term, linkages should be established between the OAS and the Declaration s website. No one shall work on a nonvoluntarily basis and under threat of being penalized. Make use of your right to participate in issues which directly affect work performance. 8

9 From principles to practice The InFocus Programme on Promoting the Declaration has implemented many technical cooperation projects that have focussed primarily on technical training, capacity and institution building, research and analysis related to the challenges in realising these fundamental principles and rights. These projects have shown that technical cooperation is an effective method to translate principles into practice. Although these projects have been developed only in the last 24 months, substantial practical progress has been made. The projects developed for the Latin American region include: Improvement of Labour Relationships and the Promotion of Economic Development for gender equality in Colombia; Freedom of Association and Collective Bargaining in Central America and Belize (RELACENTRO); The Promotion of Fundamental Rights in Bolivia (PRODEL); Strengthening of Democracy and Social Dialogue in Central America (PRODIAC) Abolition of Forced Labour in Brazil Promotion of Practices and Cooperation between Workers and Employers of English Speaking Caribbean Countries (PROMALCO), and the; Inter-American Conference of Ministers of Labour of the OAS countries (IACML-ILO), in all its phases. A special project in Colombia entitled «Improvement of Labour Relationships and the Promotion of Economic Gender Equality» is being developed in the context of a broader cooperation in Colombia. This programme requested by the ILO Governing Body in 2001 seeks to support the dialogue process and protect human rights. It aims to overcome the problems involved in the enforcement of Conventions 87 and 98 through considerable technical assistance and cooperation, in cooperation with the ILO s social partners. This programme has three essential components: freedom of association and protection of the right to organize and collective bargaining, legislative reform, protecting threatened and displaced labour unions members lives and to foster social dialogue. 9

10 Activities for Promotion of the ILO Declaration on Fundamental Principles and Rights at Work in the Americas ACTIVITY/RESULT Production of a leaflet on the Declaration in the Andean Countries distributed to enterprises and labour unions (December 2001) DESCRIPTION A concise 20 page leaflet (10,000 copies) containing the Declaration and Follow Up accompanied by a general description of the content and importance of the principles. Mailed to some 15,000 recipients in all countries. AUDIENCE Enterprises, workers and employers associations. SITUATION Further distribution requires reprinting. There has been no specific follow-up. Development of a dissemination campaign in the press, TV, radio and posters in Bolivia (January- December 2001) Development of an intensive dissemination campaign through press, TV, website, etc., in Brazil (September 2002) Development of a dissemination campaign at the press, TV and radio in Colombia, (Currently being design) 10 Support from the Government of the Netherlands, a national dissemination campaign on the Declaration with announcements and TV spot of 6 minutes, radio programs and publicity spots broadcast during football matches. Posters were designed for the Union Federations. With the support of the global campaign on the promotion of the ILO Declaration, a series of local newspaper articles have been published and disseminated, in TV, (contacts with the BBC and TV Globo), website information on forced labour. National dissemination campaign of the Declaration through TV announcements and spots, radio programmes, adds, etc. in collaboration with the Ministry of Labour which proposes to hold a forum (May 2003). All audiences and specifically Bolivian social partners. Social partners, Ministry of Labour and civil society in Brazil, as well as other ILO social partners abroad. Civil society in general, with special emphasis on workers, enterprises and officials involved in labour issues. If commitment is reached the material and experience could be adapted for other countries. Possible dissemination to other countries resulting from the Brazilian experience. Extension to other mass media. Possible follow up must be analysed once the initial activities are developed.

11 ACTIVITY/RESULT Development of a dissemination campaign with TV, radio and print in Peru (Underway) Development of a dissemination campaign in the press, TV, radio in all the Americas concerning the XV Regional Meeting of the Americas (December 2002) Working documents and seminars on Declaration topics. Launching of the Global Report at a regional level (May 2003). DESCRIPTION National dissemination campaign on the Declaration with TV announcements and spots, radio programmes, adds, etc. In collaboration with the Regional Office of the Americas they were developed on the Conference and for all the countries of the region, briefing for journalists, newspaper articles (supplement of El Comercio, Peru), TV programmes, etc. A Working document on Declaration, in Spanish, regarding fundamental principles and rights, its value and impact, was distributed in Central America and the Southern Cone at several events and seminars. A high profile launch of the Report on Discrimination with the attendance of key audiences. A senior ILO official accompanied the presentation to provide information on ILO work in the area. AUDIENCE Civil society in general, with special emphasis on workers, enterprises and officials involved in the field of labour. Civil society in general with special emphasis on workers, enterprises and officials involved in labour issues. Workers, enterprises and officials involved in the field of labour. Mass media and other audiences. SITUATION Start and development with a positive coverage. Finished once the annual event has been held. Depending on each event. Launched on 12 May, with strong impact and multiple reactions of the regional press specialised in labour. Broad coverage. 11

12 Work proposals towards the future The current level of communication activities has been instrumental in increasing awareness of the fundamental principles and rights in the region. A further analysis of the effectiveness of the activities and initiatives will provide the project with a better understanding of the perceptions of the social partners and civil society groups. It is important to the general acceptance of the Declaration to continue promoting these issues through various distribution channels, interaction and educational means. Awareness efforts in Brazil have been particularly successful given the wide recognition of the efforts to combat forced and child labour as well as the wider work of the ILO. In Colombia, we are starting to receive recognition of the projects work in the area of freedom of association. PROMALCO has achieved its most favourable results from Caribbean enterprises that have applied best practices in labourmanagement relations under the framework of the Declaration. The Declaration has achieved wide recognition at the national and regional level as evidenced by the direct reference in several instruments including the American Democratic Charter, the Quito Declaration, as well as the Ottawa Declaration. Given this level of support, it is appropriate that the XII Inter-American Promotion of development for children, through appropriate work opportunities, to decent work, as well as a proper income to guarantee their family well being. 12

13 The challenges rogressing from the initial phase of the awareness raising efforts, it is vital to set priorities and secure commitments Pfrom key actors in order to make respect for these rights a reality. There are a number of countries where activities are yet to be undertaken. However, with specific support from key international entities and organisations these fundamental principles and rights can be integrated into social and labour policy. Countries that have concluded the first phase must assess the impact and effectiveness of their work and which may include technical assistance from international organizations and donor countries. In all cases the development of three basic ideas must be pursued: To inform all segments of society about the importance and relevance of the fundamental principles and rights. These actions must involve promotion and dissemination through the media as well as through the development of educational programmes. Establishing vital linkages with other relevant websites is a cost-effective method which leverages existing distribution channel. These rights must also be integrated with campaigns undertaken by governments, workers or employers organisations. To open opportunities for debate, by encouraging various audiences to participate in the social dialogue process for the understanding of its wider context. To create «reference points» and goals to effectively fulfil the principles. That is, as a function of the capacities of each country, establish goals for the full application of the Declaration. 13

14 To promote the Declaration: How? The ILO s social partners are vital to the successful promotion and dissemination of the Declarations fundamental principles and rights. The Global Report, Your Voice at Work, states that «a dignified tripartism of that name can only be fully expressed by the ILO, if there are organizations that represent employers and workers in all Member States.» There is a continuing need to develop targeted communication activities on the principles and rights with a focus on benefits, relevance and significance. Within this framework, special attention must be given to sub-regional and regional activities, especially those linked to the regional integration processes. The Declaration is an enduring commitment to the belief that basic human rights are indispensable to international economic integration and the promotion of democracy. An ILO priority today, is the promotion of opportunities to obtain decent work: productive, in freedom of conditions, equality, security and human dignity. At the national level, campaigns and workshops should highlight the tangible benefits of the Declaration s fundamental principles and rights. Research on the persistent challenges to the application of rights, the lack of workers and employers associations, the progress achieved by social dialogue or about the weakness in labour administrations should be undertaken to help develop and effective plan of action. Studies should examine the depth and breathe of each right with practical case studies to highlight the effectiveness of these rights. It is now necessary to assess the impact and results of the programmes already undertaken. 14

15 These studies and their findings could help enrich our understanding of good practices that should be disseminated, firstly, to the social partners and then to civil society groups. This process could help increase exponentially the respect for and application of the fundamental principles and rights. Freedom of association guarantees workers and employers rights to join together freely and take action to protect their interests in the labour market at the workplace. Active partnerships with media can greatly enhance our outreach and assist in exposing tremendous numbers of people to the importance of the Declaration. Moreover, the development of specific products for certain target audiences is crucial. For example, students can be introduced to the issues of the Declaration in such a way that this learning will follow then throughout their adult working life. It is crucial that labour registries and labour relation databases are developed to provide users with the information as well as facilitate engagement of the social partners. Activities to strengthen social partner organizations are key to this process and must focus on the development of methodologies that are effective and efficient. Programmes that enhance bargaining collective techniques and improve social dialogue are key to effective dialogue among the social partners. The dynamic interaction with labour judges and labour inspectors are also important to effective labour relations. Activities for the integration of women, as well as other vulnerable groups (particularly people in the informal and agricultural sectors) must remain a priority for the Declaration. Programmes on gender equity and collective bargaining must continue to be developed and promoted in the region. 15

16 To improve the awareness by the general public, indicators on «the application of the fundamental principles and rights» must be developed to help achieve the wider objective of decent work. These indices can assist governments and their social partners to formulate «situation plans» (or maps) to identify challenges and opportunities to achieve effective application of these rights. These indicators can be instrumental in determining priorities and plans of action: capacity and willingness of social partners in applying the fundamental principles and rights; localised action in specific sectors and target audiences where the fundamental principles and rights are not being fully respected; identification of sectors in which it is difficult to organise women and other vulnerable groups and focus on gender equity in collective bargaining, and; awareness by target audiences of the importance of the fundamental principles and rights. Slavery, specially in women and children is not a matter of the past. The abusive control between human beings is the antithesis to decent work. Projects that seek to promote awareness in specific audiences on the Declaration must focus on timeliness, need and potential. Countries that have not ratified one or more fundamental Conventions require additional assistance in order to make the recommendations of expert Advisors feasible. The following table summarises possible activities that address different needs with ILO support. 16

17 NEEDS/ PROBLEMS Declaration on principles in the integration process Analysis of the concept of effective application of the principles Strengthening social partners Disseminating principles Registries and data bases on labour relationships General Education Social dialogue Formation, officials, judges, labour unions, employers Gender and integration of women STRENGTHS/ OPPORTUNITIES Current examples, signed Declarations (III Summit of the Americas - Quebec 2001, Quito 2002, Mercosur 1998, etc.) Examples, and work carried out, (see different programmes mentioned) Commitment as Member States Prior examples, programmes already carried out. Previous examples, programmes already carried out. Registry, official data, computerised systems Educational systems on fundamental rights (some programmes underway) Former examples, programmes already carried out. Former examples, programmes already carried out Former examples, programmes already carried out EXPECTED RESULTS Declarations effective commitments; better knowledge of their implications Effective application, social peace and thought Capacity to intervene in processes, enhanced knowledge. Enhanced knowledge of the principles by the population. Adequate and correct system of labour relationships operating Enhanced knowledge and application of the principles by the population (particularly in the future) Institutions for consultation in operation Capacity to effectively intervene in processes, enhanced knowledge Integration and participation of women based on equity PROPOSED ACTIVITIES Analysis of current documents. Workshops to think together and formulate proposals. Workshops for analysis and proposals. Diagnostics. Bi and Tri partite actions for discussion. Evaluation of previous programmes, development of new systems and execution of programmes with participation of those involved. Global campaign. Actions on radio, mass media, etc. Evaluation of the current system, development of a new simple system and dissemination on its existence within the interested. Design of a programme, support for developing it. Evaluation of previous programmes, development of new systems and execution of programmeswith the participation of those involved. Evaluation of previous programmes, development of new systems and execution of programmes with the participation of those involved. Evaluation of previous programmes, development of new systems and execution of programmes with the participation of those involved. 17

18 What are the basic requirements? A political will that stems from a conviction of the importance of the rights enshrined in the Declaration. From this perspective, one can determine and plan for opportunities that facilitate wide dissemination. Involvement of social partners. Dialogue and support from workers and employers organisations or related institutions are essential to the development and implementation of successful programmes. Formulation of a plan of action should contain: Objectives Target population Concrete results expected National available budget Technical and financial support from international institutions Possible horizontal cooperation programmes Concrete activities The principle of the elimination of discrimination should provide the opportunity to individuals to develop the knowledge of skills and competencies, according to their aspirations and preferences. 18

19 Project to support the INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOUR of the Organization of American States T he Ottawa Declaration of the XII Inter-American Conference of Ministers of Labour, held on the 19 October 2001, provides the Declaration with a central role by stating: The Ottawa Declaration We (the countries of the Americas) agree to promote and respect the basic rights of workers in accordance with what has been established in the ILO Declaration on the Fundamental Principles and Rights at Work and its Follow Up. We note the agreement of our leaders to adopt and implement legislation and policies that provide for the effective application of core labour standards as recognized in the Declaration, and will call upon the ILO to increase assistance to member states in order to attain these objectives. We will also promote the ratification of fundamental conventions of this organization. We note with satisfaction the ratification by many states in the Americas of a series of ILO conventions and encourage continued support of that organization s standards. 19

20 Furthermore, the Plan of Action establishes two working groups, one of which «...will make special efforts to promote the ILO Declaration on the Fundamental Principles and Rights at Work and its Follow Up within the Hemisphere». Working Group Two shall work in collaboration with the ILO to promote public awareness of the Declaration on Fundamental Principles and Rights at Work and its Follow Up, and promote initiatives involving the private sector to increase respect for these rights. Working Group 2, in collaboration with the ILO, will address challenges to member states in pursuing these objectives and suggest actions to resolve these problems through technical assistance. At a Hemispheric level, there is little question about the importance of the Declaration. The ILO is actively working through this USDOL-funded project with the Conference to achieve the full implementation of the Declaration. There are many national and regional challenges ahead, however, through concerted actions and a reinvigorated determination, these activities can succeed. Dialogue, support or workers and employers organisations or institutions are key to effective execution of programmes. 20