ITUC INTERNATIONAL TRADE UNION CONFEDERATION CSI CONFÉDÉRATION SYNDICALE INTERNATIONALE CSI CONFEDERACIÓN SINDICAL INTERNACIONAL IGB INTERNATIONALER GEWERKSCHAFTSBUND Bd. du Roi Albert II, 5, Bte 1, B 1210 Bruxelles Belgique Tel. +32 (0) 2224 0211 Fax +32 (0) 2201 5815 E-mail info@ituc-csi.org http://www.ituc-csi.org SHARAN BURROW PRESIDENT PRÉSIDENTE PRÄSIDENTIN PRESIDENTA GUY RYDER GENERAL SECRETARY SECRÉTAIRE GÉNÉRAL GENERALSEKRETÄR SECRETARIO GENERAL In reply please quote: Circular N 2(2008) To all affiliated organisations For information: To all General Council Members GO 11 January 2008 300th Session of the ILO Governing Body (Geneva, November 2007) Dear Friends This circular summarises the main decisions taken by the ILO Governing Body, which met from the 1st to the 15th of November, 2007. The session was preceded by the Lisbon Forum on Decent Work for a Fair Globalisation and followed by the celebration of the 30th anniversary of the ILO MNEs Declaration, both events that drew attention to the practical implementation of the Decent Work agenda. Please take careful note of the following dates for 2008! 6-20 March, Geneva: 301st ILO Governing Body 28 May-13 June, Geneva: 97th ILC (Make sure to book your Hotel well in advance (Eurofoot is being held in Geneva)) Agenda of the 99th session (June 2010) of the International Labour Conference The Governing Body held the first discussion on possible topics for June 2010 (the final decision will be taken next March), with the two most popular topics being the general discussion on microfinance for decent work and the standard-setting item on decent work for domestic workers, which has been actively sought by the Workers Group. Other issues pertaining to the Governing Body The GB agreed to formally put consideration of a possible authoritative document on the ILO and globalisation on the agenda of the 2008 ILC: informal consultations before and after the GB allow us some cautious optimism. Further preparatory meetings are scheduled for January and during the March session of the GB. The plenary also condemned the worrying situation in Burma after the Junta s crackdown on peaceful demonstrations last September. The Governing Body called on the Junta to make an unambiguous public statement at the highest level that all forms of forced labour
- 2 - Circular N 2(2008) are prohibited throughout the country and will be duly punished; the mechanism provided by the Understanding should remain fully operational with no further detention or harassment of complainants, facilitators or others, and it should apply fully to the military authorities. It was also decided to undertake a full review of the operation of the Understanding in the March 2008 Session together with recommendations for both the Understanding s future and the ILO s ongoing role in Burma. The GB also undertook a critical review of the World Bank s Doing Business Report; adopted the ILO Action Plan for Gender Equality; received the Report and Conclusions of the 11th African Regional Meeting. The GB was able to unanimously adopt the conclusions of the Committee established following the representation by CGT-FO under article 24 for non-observance by France of Conventions 87, 98, 111 and 158 in the legislation on contracts for first employment. A very good conclusion was reached, inviting the government to revisit the two-year probationary period, which was considered unreasonable, and to implement in full the provisions of art 4 of the Convention (valid reason for termination of employment). Deep regret and commotion followed the obituary announcement for Heribert Maier, a former Worker member of the Governing Body and Deputy Director of the ILO. The Working Group on the ILC The Group decided to maintain the changes already tested at the ILC 2007 since they were considered positive. As a result, the plenary will again take place in the third week of the Conference, while the Committees will cover the first two weeks. The GB elections are scheduled for Monday June 2nd. Working Party on the Social Dimension of Globalisation The meeting started with a panel discussion on Climate change and Decent Work. The panel agreed on encouraging the ILO to work with other international agencies to promote a socially just transition to green jobs. Workers, in particular, stressed the need to make sure that developing countries will not be excluded from growth and should receive specific aid for up-to-date new technologies. The WPSDG also agreed to a future ILO/WTO study on the links between globalisation, trade and informal employment. Programme, Financial and Administrative Committee (PFAC) An important discussion took place in the Building Sub-Committee, which considered different options for the refurbishing of the ILO Headquarters: a proposal should come in March, with a very substantial amount of money at stake (at least CHF 112 m). The PFAC decided to establish on a trial basis an Independent Oversight Committee, following the request of the IMEC countries. The Workers Group expressed many doubts about such an institution, which could undermine the decision making role of the Governing Body as well as the governance structure of the Office: the trial period will be important in order to evaluate the real added value of this entity.
- 3 - Circular N 2(2008) Referring to the Result Based Management (RBM) process, Marc Blondel, Worker spokesperson, welcomed the establishment by the Office of a quality assurance mechanism for Decent Work Country Programmes, which included indicators relating to tripartism, social dialogue and worker involvement in the design and implementation of DWCPs. Unfortunately analysis of the first 30 DWCPs had shown that the unions were insufficiently involved in the development of projects and that the DWCPs made no reference to the ILO s standards or even its strategic objectives; that was therefore tantamount to ignoring the Organisation s fundamental purpose. Legal issues and international labour standards Two issues in particular were discussed at length in this session: the criteria for geographical representation within the Governing Body and a Plan of Action for improving the impact of the standards. The first topic followed the resolution adopted at the 11th African Regional Meeting which challenged the issue of appointment only of Members of chief industrial importance and criteria for their designation as well as on the regional distribution of Government seats on the Governing Body. Ulf Edstrom, Worker spokesperson, drew attention to the 1986 Amendment to the ILO Constitution: although some of its aspects became obsolete in light of later historic developments, its spirit remained valid. Workers considered, however, that criteria for membership of the Governing Body should include respect for the ILO Constitution and promotion of the values of the Organisation, such as social justice and workers rights. In reference to the improvements in the standards-related activities of the ILO, we stressed that international labour standards are fundamental components of the Decent Work Agenda and highlighted the importance of strengthening standards activities. We were pleased that a promotional campaign similar to the one for the core conventions would be launched for the ratification of the priority Conventions. Concerning Convention No. 158 and Recommendation No. 166, the Ventejol Working Party recommendation is still valid and this Convention should be promoted. With respect to increasing the coherence, integration and efficacy of the supervisory system, it is well known that the ILO has one of the most sophisticated and efficient supervisory systems within the United Nations and similar agencies and this needs to be preserved. Reports, in particular article 22 reports, are of the utmost relevance. The Office should intervene more to assist countries with fulfilling their reporting obligations, since report forms should be simple but not so simple as to become irrelevant. We also emphasized that international labour standards should be a mandatory component of the Decent Work Country Programmes. Lastly, we strongly supported the idea of strengthening arrangements for collaboration with other international institutions for the purpose of promoting international labour standards. Employment and Social Policy The most important paper discussed was the one on Collective Bargaining. Ebrahim Patel, speaking on behalf of the Workers, was able on balance to praise the paper for making a fair case for the continued importance of collective bargaining in the twenty-first century. Comparing collective bargaining with the democratic process, he
- 4 - Circular N 2(2008) listed a number of reasons for supporting collective bargaining; inter alia, the order it brought to wealth distribution and reduction in economic and social inequalities; its role in combating poverty; the macro- and micro-economic benefits it could bring to society; its ability to provide a basis for a fair globalisation, and the role it had played in promoting peaceful, inclusive, democratic transition in a number of countries. Some of the alternatives to collective bargaining which had developed around the world involved ruthless competition and short-term maximization of profit. However, in those situations, the benefits were enjoyed by the strong and the costs borne by the weak. Given the fundamental nature of freedom of association and the right to collective bargaining, questioning the value of collective bargaining was as incompatible with the mandate of the ILO as the endorsement of child labour. Much more work needs to be done concerning the challenges and pressures which globalisation brings to the industrial relations system, making a compelling case for the globalisation of collective bargaining. Easier communication and globally integrated supply chains are good examples of this. As regards advocacy on collective bargaining, we suggested a number of areas requiring attention, including: challenges faced in SMEs; demonstrating the basic enabling conditions ; creation of a conducive legal and institutional environment for coordination; promotion of the Employment Relationship Recommendation, 2006 (No. 198); supporting pilot projects to address employment creation, income policies and industrial restructuring, including in export processing zones (EPZs); and helping develop national trade union training centres. The knowledge base of the ILO could be strengthened through the development of databases on the institutions, practices and outcomes of bargaining, examples of innovative contract language and agreements, indicators on social dialogue, and trends in cross-border and international bargaining. Capacitybuilding efforts would need to focus on groups that are inadequately covered by collective bargaining, including migrant workers, workers in SMEs and workers in atypical employment relationships. We also called for a flagship publication and an electronic newsletter on collective bargaining trends and innovations. Promotion of the effective recognition of the right to collective bargaining required analysis of trends such as: changing economic and labour force structures; the erosion of the employment relationship and the sizeable informal economy; and the role of governments, workers and employers organizations in addressing these issues. Further, the ILO should work with international, bilateral and multilateral institutions to ensure sustainable public procurement and lending practices which respected the principles contained in the relevant international labour standards and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. As this is the core of the ILO s core business, Workers called for decisive management decisions concerning priorities, resources and qualified staff in this area. Committee on Sectoral and Technical Meetings and Related Issues The Governing Body agreed on the purpose, duration and composition of a meeting of experts to adopt a revised code of practice on safety and health in agriculture; a tripartite meeting on promoting social dialogue and good industrial relations from oil and gas exploration to production and distribution; two meetings of experts to adopt guidelines on port state responsibilities for inspection on board ships and on flag state responsibilities
- 5 - Circular N 2(2008) under the Maritime Labour Convention; a global dialogue forum on vocational education and skills development for commerce workers. The Committee further agreed to activities concerning transport equipment manufacturing, construction, public services and utilities and education for the 2008-2009 biennium. Committee on Technical Cooperation In the discussion on the ILO 2006-2007 technical cooperation programme workers expressed concern at the imbalances pertaining to the standards strategic objective as compared to other objectives and the large amount of funds being allocated to child labour with few resources for other standards. The Group also called for a more systematic inclusion of the social partners in the One UN pilot countries and decent work country programmes. Subcommittee on Multinational Enterprises The Office of the Legal Adviser informed the Subcommittee of some legal advice it provided to the Multinational Enterprises Programme in relation to a question that arose during the negotiation of the ISO 26000 standard on social responsibility concerning referencing the Global Compact principles as an authoritative international instrument. The Legal Office concluded that the ten principles contained in the Global Compact could not be considered to have the nature of an authoritative international instrument. The Global Compact had defined itself as an initiative and a network and had been developed by the UN Secretariat and had not yet been endorsed by the UN General Assembly (the full text of the legal advice is available upon request). International Institute for Labour Studies (IILS) The Board of the International Institute for Labour Studies approved the programme and budget for 2008-2009. The Workers Group welcomed the proposal for a periodic publication which would examine how global challenges are shaping the world of work and policy responses. In 2008 issues like financial liberalisation, international economic integration, employment and inequalities, and tripartite policy-making could be addressed. In 2009 issues like social protection, the informal economy, and improvements in workplace practices could be addressed. Concerning the follow-up to the ILO/WTO study on trade and employment, the Workers Group requested the Office to include other topics in addition to the informal economy. The ILO will continue to award the Decent Work Research Prize for outstanding contributions to the advancement of knowledge on the ILO goal of decent work. International Training Centre of the ILO (Turin) Workers called for a better collaboration between the Turin Centre and ILO technical departments in Geneva for the implementation of its training programmes. The Group welcomed the results of a tripartite working group recommending the increase in voluntary contributions to the Turin Centre which would allow the Centre to work on a more stable financial basis. However, it reiterated its appeal for an increase in the ILO regular budget and further integration between the ILO and the Centre in the financial, strategic and human areas.
- 6 - Circular N 2(2008) Committee on Freedom of Association Currently, there are 142 cases before the Committee, in which complaints have been submitted to the governments concerned for their observations. At this particular meeting, the Committee examined 36 cases on the merits, reaching definitive conclusions in 20 cases and interim conclusions in 16 cases; the remaining cases were adjourned. It drew the special attention of the Governing Body to Case No.s 1787 (Colombia), 2445 (Guatemala), 2450 (Djibouti), 2494 (Indonesia), 2516 (Ethiopia) and 2540 (Guatemala) owing to the extreme seriousness and urgency of the matters dealt with therein. For a detailed description of other areas of interest in the GB, please check the ACTRAV website at http://www.ilo.org/public/english/dialogue/actrav/new/index.htm which also contains the full speech by Sister Engelen-Kefer, Worker spokesperson on Freedom of Association. Yours sincerely, General Secretary