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Points for Discussions
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Transcript of Points for Discussions
International Instruments for the International Instruments for the Protection and Promotion of Protection and Promotion of
Workers’ RightsWorkers’ Rightsin a Globalized Economyin a Globalized Economy
Points for DiscussionsPoints for Discussions
Summary of international instruments available for trade unions and their campaigns for core labour standards and workers’ rights;
Focus on multinational enterprises as a focal point for trade union campaigns
Local/International actions
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
10 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.- Corruption
10. Businesses should work against corruption in all its forms, including extortion and bribery
UN Global Compact (3)UN Global Compact (3)Role of trade Unions:
Check the reports of the MNEs sent to the Global Compact and use it for their local/global trade union work
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
ILO and the role of T.U.
National legislation ; defending workers by ratifying ILO conventions
Monitoring; role of TU in the ILO supervisory mechanism
Use ILO instruments for shaping agreements at various level.
OECD Guidelines for MNEsOECD Guidelines for MNEs
Adopted in 1976, and reviewed in 2000 Guidelines, major features:
– Recommendations addressed by governments to MNEs, not legally binding
– comprehensive set of rules, multilaterally endorsed, that governments are committed to promoting and recommend to MNEs
– Voluntary principles and standards for responsible business conduct
Major components: NCP, CIME (Committee on International Investment and Multinational Enterprises) , and TUAC/BIAC
OECD Guidelines : 2000 ReviewOECD Guidelines : 2000 ReviewExpanded Coverage
– All core labour 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 implementation
OECD Guidelines : contentOECD Guidelines : content The Guidelines consist of ten chapters covering most
aspects of company behaviour: 1. Concepts and Principles, 2. General Policies, 3. Disclosure, 4. Employment and Industrial Relations, 5. Environment, 6. Combating Bribery, 7. Consumer Interests, 8. Science and Technology, 9. Competition and (10) Taxation.
OECD Guidelines : applicationOECD Guidelines : application The Guidelines apply to MNEs operating
in or from:1. the 30 OECD member countries, plus
currently nine non-OECD members: Argentina, Brazil, Chile, Estonia, Israel, Latvia, Lithuania, Romania and Slovenia.
2. Guidelines also apply to these companies’ operations worldwide.
Role of TUOECD guidelines as a basis of codes of conductUse of the NCP to support national trade union
actions Consult TUAC; it has 56 affiliates in the OECD
member countries and represents about 66 million workers. It works closely with the other international trade union organizations. (http://www.tuac.org)
IMF/WB
Introducing Core Labour Standards in:
SAPs / PRSP
Regional agreements
CSR and private voluntary initiatives
Initiatives undertaken by management
CSR is related to the process of globalising production (EPZ)
Importance of the image of the company/fragility of markets
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 appeal
Code 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
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
CSR and TUCSR could be 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 of TU and civil society
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
Framework Agreements (2)Framework Agreements (2)
Implement Core Labour Standards;
Apply “Decent working conditions”;
Apply environmental standards;
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
Important Aspects for FAImportant Aspects for FA
Capacity of GUFs to engage in F.A. with a large number of MNEs
Monitoring F.A.Capacity of MNEs to control subcontractors or
supply-chainsExtension of EWC versus GWC and strategic
alliances between European Trade Unions and GUFs.
Agreements between MNEs and GUFs for the implementation of monitoring of FA
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
Networking / SoliComm portal http://www.solicomm.net/
PROGRAMME FOR WORKERS’ ACTIVITIES OF THE ILO TURIN
CENTRE(ACTRAV)
WWW.ITCILO.IT/ACTRAVWWW.ITCILO.IT/ACTRAV
ACTRAV-Turin