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Overview of International Overview of International Instruments for the Protection and Instruments for the Protection and
Promotion of Workers’ RightsPromotion of Workers’ Rightsin a Globalised Economyin a Globalised Economy
GLOBALISATION OF RIGHTSGLOBALISATION OF RIGHTS
International Opportunities for TU (1)International Opportunities for TU (1)
UNITED NATIONS (www.un.org)• Global Compact (CSR)
ILO (www.ilo.org)• Conventions/Recommendations• ILO Declaration on Fundamental Principles and
Rights at Work (1998) and Follow Up• ILO Tripartite Declaration on MNEs and Follow-
up (CSR)
International Opportunities for TU (2)International Opportunities for TU (2)
• OECD Guidelines on MNEs (CSR)
• TUAC/Trade Union Advisory Committee to the OECD (56 members in 30 countries)
• Codes of Conduct
• Framework Agreements
What is the UN Global Compact?What is the UN Global Compact?Birth: World Economic Forum, 1999UN GS Kofi Annan challenged business leaders to join an
international initiative – the Global Compact – that would bring companies together with UN agencies, labour and civil society to promote UN universal principles and values; initiative launched in New York in 2000
Today more than 3000 companies from 80 countries from all regions of the world , international TUs and NGOs are engaged in the Global Compact, working to mainstream and advance 10 universal principles in business activities in the areas of HUMAN RIGHTS, LABOUR, ENVIRONMENT AND ANTI-CORRUPTION
UN Global CompactUN Global Compact – major contribution of UN to promotion of
CSR
10 UNIVERSAL PRINCIPLES applicable in all 191 UN member states: – 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 CompactUN Global Compact- Labour
3. 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
Nature of the Global CompactInitiative based on a voluntary choice of
companies to commit themselves to responsible mode of conducting business;
Involves all relevant social actors: governments, companies, labour, NGOs and UN and its authority.
GC is a network including GC Office and 6 UN agencies: OHCHR, UNEP, ILO, UNDP, UNIDO and UNODC.
UN Global CompactUN Global CompactRole 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
UN specialized agency that promotes social justice and internationally recognized human and labour rights
UNIQUE TRIPARTITE STRUCTURE ILO ROLE:
Formulate international labour standards in the form of conventions and recommendations and
Supervise their application in the ILO 179 member states
INTERNATIONAL LABOUR CODE
Conventions (185) Designed to be ratified; binding legal obligation subject to international supervision; minimum standards NOT maximum standards!
Recommendations (195)Often supplementing a convention; provides guidelines for national policies and action;
TRIPARTITE AND UNIVERSAL; PRODUCT OF SOCIAL DIALOGUE; GOVERNMENTS, TRADE UNIONS AND EMPLOYERS INVOLVED IN THE FORMULATUION, ADOPTION AND SUPERVISION OF THE IMPLEMENTATION OF ILS AT NATIONAL LEVEL
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 Fundamental Principles and Rights at Work (1)
Adopted in 1998 by the ILC; applies to all ILO member states;
Commitment by governments, employers and trade unions;
Supported by follow-up: evaluation procedure of Annual reports sent by member states that have NOT yet ratified one or more core conventions and Global Reports which cover one of the four categories of principles
ILO Declaration on Fundamental Principles and Rights at Work (2)
Core labour standards – 4 groups of principles/rights:
- FoA and C.B. (C. 87 & 98)
- Discrimination (C. 100 & 111)
- Forced labour (C. 29 & 105)
- Child labour (C. 138 & 182)
ILO Tripartite Declaration on Principles ILO Tripartite Declaration on Principles concerning MNEs and Social Policyconcerning MNEs and Social Policy
Adopted in 1977 by GB (amended in 2000) as a voluntary instrument to:– Main voluntary instrument as regards labour
aspects of CSR;– Regulate conduct of MNEs: – Aims for enhancing the positive social and labour
effects of the operations of MNEs
ILO MNE Declaration : Follow-upILO MNE Declaration : Follow-up
Periodic surveys on the effect given to the principles of the Declaration (every 4 years, 8 surveys so far)
ILO and the role of T.U.
National legislation ; defending workers by promoting ratifications of ILO conventions
Monitoring; role of TU in the ILO supervisory mechanism
Use ILO instruments for shaping agreements at various level.
OECD/ Organisation of Economic Co-operation and Development
30 member countries (AUSTRALIA, AUSTRIA, BELGIUM, CANADA, CZECH R. , DENMARK, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, ICELAND, IRELAND, ITALY, JAPAN, KOREA, LUX, MEXICO, NETHERLANDS, NEW ZEALAND, NORWAY, POLAND, PORTUGAL, SLOVAK R., SPAIN, SWEDEN, SWITZERLAND, TURKEY, UK, USA) committed to democracy and the market economy
A provider of comparative data, analysis and forecasts so that governments can: compare policy experiences;
seek answers to common problems; identify good practice and co-ordinate policies.
OECD Guidelines for MNEsOECD Guidelines for MNEs Adopted in 1976, and reviewed in 2000 Guidelines, major features:
– comprehensive set of rules, multilaterally endorsed, binding for adhering governments which are requested to promote their application by MNEs operating in their countries and by MNEs based in their countries operating worldwide
– voluntary to enterprises, not legally but morally binding;
Major components: NCP, CIME (Committee on International Investment and Multinational Enterprises) , and TUAC
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 (FoA, CB),5. Environment (OSH), 6. Combating Bribery, 7. Consumer Interests, 8. Science and Technology, 9. Competition and (10) Taxation.
Trade Union Advisory Committee to the OECD - TUAC
- international trade union organisation which has consultative status with the OECD;
TUAC represents views of organised labour in industrialised countries;
56 national trade union centres in 30 OECD countries, covers 66 million workers.
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 TUCheck OECD Annual Report on GuidelinesWhen a company breaches the Guidelines,
TU can raise this case with the NCPConsult TUAC; it works closely with
ICFTU, WCL, ETUC and GUFs. (http://www.tuac.org)
Code of ConductCode of Conduct
Is a written policy or statement of principles adopted voluntarily by a company to express its commitment toward a particular conduct
NOT NEGOTIATED BUT UNILATERAL DECLARATION
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
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
INTERNATIONAL FRAMEWORK AGREEMENTSINTERNATIONAL FRAMEWORK AGREEMENTS Instruments negotiated between a MNE and a Instruments negotiated between a MNE and a
Global Union Federation Global Union Federation (GUF) concerning (GUF) concerning international operations of the company;international operations of the company;
MNEs commit themselves to applying the same MNEs commit themselves to applying the same labour standards to their employees in all the labour standards to their employees in all the different countries where they operatedifferent countries where they operate
Framework AgreementsFramework AgreementsImplement Core Labour Standards;
Apply “Decent working conditions”;
Apply environmental standards;
Promote 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
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 (case: CROATIA,
asbestos)– 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/
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