International Labour Office

LABOUR INSPECTION AND

SUSTAINABLE GLOBALIZATION

PRO-

PRO-IALI

LABOURINSPECTIONANDSUSTAINABLEGLOBALIZATION

LILabour inspectors, with the advice, controls and sanctions,monitor the (non-) compliance of the basic rights in workrelations and conditions, and hence are ‘ambassadors’ of labouritself at the level of a State. Their sound judgements play animportant role in maintaining social equilibrium.

At the international level, IALI is the operational side of the veri-fication of compliance of these sovereign rights written down inthe international tripartite conventions of ILO in the UN system.

The labour inspectorate embodies the essential player in thesocial dimension of a ‘sustainable’ globalization exposed to thechallenge of changing its role, the challenge of adapting theirtalents and skills in an increasingly complex environment.

This booklet aims to throw light on the debate, provide keys tounderstanding that the labour inspectorate succeeds to placeitself and to fully participate in the promotion of decent workto achieve ‘sustainable’ economic and social developmentthroughout the world.

Sylvie SIFFERMANN & Paul WEBER International Association of Labour Inspection

© LABOUR AND MINES INSPECTORATE, LUXEMBOURGINTERNATIONAL ASSOCIATION OF LABOUR INSPECTIONTEXTS: SYLVIE SIFFERMANN AND PAUL WEBERCOVER PAINT: JOSÉ ANNE HOFFMANN, ARTISTPHOTOS: JOËLLE MATHIAS, PHOTOGRAPHERPRINTED BY: IMPRIMERIE CENTRALE S.A., LUXEMBOURGFIRST RUN: 2000 IN FRENCH, YEAR 2008

3000 IN ENGLISH, YEAR 2008TRANSLATED FROM FRENCH BY IMPRIMERIE CENTRALE S.A.

ISBN 978-99959-602-1-6

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INTERNATIONAL ASSOCIATIONOF LABOUR INSPECTION

LABOUR INSPECTION

AND SUSTAINABLE GLOBALIZATION

PRO-IALI

SYLVIE SIFFERMANN & PAUL WEBER

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IALITHE MEMBERS OF THE EXECUTIVE COMMITTEE OF THE INTERNATIONAL ASSOCIATION

OF LABOUR INSPECTION:

Ms Michele PATTERSON, PresidentMr Paul WEBER, Secretary-GeneralMr Michel GISLER, TreasurerDr Bernhard BRÜCKNER, Vice-PresidentMr Kevin MYERS, Vice-PresidentMr Sammy NYAMBARI, Vice-PresidentMr Bertil REMAEUS, Vice-PresidentMs SHI Yanping, Vice-PresidentMr Sahli CHAKER, Vice-PresidentMr Adrian ELLIS, Technical AdviserWolfgang Frhr. VON RICHTHOFEN, Technical AdviserMr Nils-Petter WEDEGE, Technical Adviser

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THANK:

Mr Juan SOMAVIA, General Director of the International Labour Organization, for the introduction

Ms Sylvie SIFFERMANN, Labour Executive for the Department of Indre-et-Loire in Tours, France,and Mr Paul WEBER, Director of the Labour and Mines Inspectorate, Luxembourg,authors and designers of the book ‘labour inspection and sustainable globalization –PRO IALI’

Ms Michele PATTERSON, Executive Director of SafeWork South Australia, for Chapter II

Mr Hans-Horst KONKOLEWSKY, Secretary-General of the International Association of SocialSecurity, for Chapter XVIII

And for the valued advice:

Ms Sameera AL-TUWAIJRI, Director of the International Program of Health and Security atthe Workplace and the Environment / ILO Safework,

Mr Jukka TAKALA, former Director of ILO Safework

Mr Gerd ALBRACHT, International Consultant, former Coordinator of Labour InspectionSystems / ILO Safework

Mr Nils-Petter WEDEGE, Technical Adviser IALI

Mr Malcolm GIFFORD, Senior Specialist / ILO Safework

The authors wish to thank Ms Nadine SCHNEIDER, without whose help this book wouldprobably not exist.

They thank also the Ministry of Labour and Employment and the Labour and Mines Inspectorate- Luxembourg, who have actively supported the creation of this book, Mr Romain FLAMMANGof Imprimerie Centrale for the translation and production, and the artist José Anne HOFFMANNwho created the cover page.

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THE AUTHORS

Sylvie Siffermann: A lawyer by training witha master’s degree in corporate law, a degreein social law from the Robert SchumanUniversity in Strasbourg and a Europeanmaster’s in public law (‘Master européen degouvernance et d’administration’, MEGA)from the international ENA cycle, PanthéonSorbonne University, Paris 1 and the Univer-sity of Potsdam, Germany, Sylvie Siffermannhas worked as a labour inspector in theFrench départements of Loiret and Bas-Rhinfor a decade (1985–1995).

She was then assigned to work in territorialpublic service as an educational executive incharge of the development of training prod-ucts of European social policy at the Centrefor European Studies in Strasbourg-ENAfrom 1995 to 1998.

Benefiting from an exchange programme forofficials in the European Union, she workedas an official representative to the Franco-German cooperation with the Ministry ofEuropean Affairs of the Land of Hessen inGermany from 1998 to 2002.

In 2002, she joined again the French Ministryof Labour and held a post of deputy directorin charge of labour policy and the leadingand management of the labour inspectorateof the département of Haute-Savoie. She isa member of the national network ‘deontol-ogy of labour inspection’ which works outthe Code of conduct of the French labourinspectorate and a member of the nationalgroup ‘support, resources, methods of thelabour inspectorate’. Many aid tools for

labour inspectors have been developed bySylvie Siffermann’s team and can be seenon the SITERE intranet of the Ministry ofLabour.

She was also a ‘public authority’ in EuropeanCommittees for Standardization of CEN anda trainer at the Centre of the ILO in Turinand the National Labour Institute (INTEFP)in Lyon. She participated in the training oftrainers in psychosocial risk at work.

In 2004, Sylvie Siffermann coordinated andorganized the first European Labour Uni-versity on behalf of the Association for theDevelopment of the European Labour Uni-versity on the theme: ‘Europe facing changesin labour’. This project was co-financed bythe European Union.

From January to March 2007, in order to beawarded the European master’s in public law(MEGA), a Franco-German diploma, SylvieSiffermann underwent a period of trainingwith the Delegation of France to the WorldTrade Organization in Geneva.

She is currently Labour Executive for the De-partment of Indre-et-Loire in Tours, France.

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Paul Weber: A chemical engineer andpostgraduate in environmental engineer-ing from the EPF Lausanne, Switzerlandin 1973, Paul Weber made his début at theMinistry of Health of the Grand Duchy ofLuxembourg in 1974 in the field of waterprotection and purification and waste man-agement. He was the key player involvedin the creation and development of theAdministration of Environment until 1980.During the next seven years that followed,he was the founding adviser of the firstcabinet of the Ministry of Environment. In1988, he joined the Ministry of Labour andEmployment within the Labour and MinesInspectorate, which he has been headingsince 1990.

Since 1978, he presided five times work-ing groups of the Council of the EuropeanUnion in the areas of Environment, theSingle Market and Social Affairs duringthe six-month presidencies of Luxem-bourg. From 1997 to 1999, he was the firstpresident of the Board of the EuropeanAgency for Safety and Health at Work inBilbao, Spain.

Since 1988, he was a permanent memberof the Senior Labour Inspectors Commit-tee (SLIC) of the European Union and theAdvisory Committee on Safety and Healthat Work of the European Commission.

Since 1989, member of the delegation ofthe Government of Luxembourg at the an-nual meetings of the International LabourOffice (ILC – ILO).

Since 2005, part-time lecturer at the Uni-versity of Luxembourg in the field of safetyand health at work.

Since 2005, Secretary General of the Inter-national Association of Labour Inspection(IALI), with seat in Geneva, Switzerland.

Finally, as part of the development planbetween Luxembourg and Vietnam, hemanages a training program for Vietnam-ese inspectors, in cooperation with ILOSafework, for the period 2006 to 2009.

Over the years, he was the author or jointauthor of several publications relating towater management, environment protec-tion – ‘White Paper on Environment’ (1984)and ‘Well-Being at Work’ (1992), he super-vised the publication and implementationof an integrated plan to develop a cultureof workers’ welfare, which was publishedin 1994 for the 125th anniversary of the La-bour and Mines Inspectorate. He initiatedthe publications ‘Promoting excellence inthe field of safety and health’ (EU Direc-tors-General in 2005) and ‘Unity beyonddiversity: the need for an integrated labourinspection system’ (ILIS in 2005). In 2007,

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through the enactment of three nationallaws on the ratification of 18 ILO Conven-tions, the establishment of a ConsultativeTripartite Committee on Labour and Em-ployment and the framework reform of theLabour and Mines Inspectorate, a key stepin the implementation of the integrated la-bour inspection system in the Grand Duchyof Luxembourg was completed.

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FOREWORD

All men agree that every individual has thefundamental right of self-preservation oflife, safety and health, despite all previousconvictions or other elsewhere.

Self-maintenance is a law of nature and,therefore, a true universal notion.

Labour inspectors, with the advice, controlsand sanctions, monitor the (non-) compli-ance with these basic rights in work rela-tions and conditions, and hence are‘ambassadors’ of labour itself at the levelof a State. Their sound judgements playan important role in maintaining socialequilibrium.

IALI is an organization representing theNational Labour Inspectorates and as suchoverview the compliance of these sovereignrights written down in the international tri-partite conventions of ILO in the UN system.

IALI even slightly restores the balance ofrules for a global economy of the WTO ofwhich Adam Smith said that it is ‘regulatedby the invisible hand of the market’.

The labour inspectorate embodies theessential player in the social dimensionof a ‘sustainable’ globalization. She is ex-posed to the challenge of changing its role,the challenge of adapting their talents andskills in an increasingly complex economicenvironment.

This booklet aims to throw light on thedebate, provide keys to understanding that

the labour inspectorate succeeds to placeitself and to fully participate in the promo-tion of decent work to achieve ‘sustainable’economic and social development through-out the world.

The texts include links between financialpolicies and decent work, the presenta-tion of networks such as the InternationalAssociation of Labour Inspection and theconsistency of the international UN system,the fundamental role of the InternationalLabour Organization with its tripartite fea-ture, the emergence of regional levels, theintegrated system of labour inspectorate,the three consensuses.

Teaching aids will allow inspectors tobecome familiar with the challenges of glo-balization, divided up by a series of issuessuch as core labour standards, the socialdimension of globalization, employment,migration, trade, health, development, cor-porate social responsibility… etc.

The booklet is intended to be the vital leadthat enables each labour inspector, regard-less of the place of his/her professionalpractice in the world, not to get lost in themaze of globalization.

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TABLE OF CONTENTS

> INTRODUCTION: MR JUAN SOMAVIA, DIRECTOR GENERAL OF ILOBONDS BETWEEN THE FINANCIAL POLICIES AND DECENT WORK 12

> I. OVERVIEW ABOUT GLOBALIZATION 171. Ambiguity in the cultural changes of decent work standards 172. A fair globalisation: creating opportunities for all 203. How to improve the coherence of the international system? 214. An integrated labour inspection system 23

> II. THE INTERNATIONAL ASSOCIATION OF LABOUR INSPECTION 271. Introduction 272. Objectives 273. Structure 284. International trends 28

> III. THE INTERNATIONAL LABOUR OFFICE (ILO) 391. The International Labour Office (ILO) and the Luxembourg case 392. ILO — Global Perspective 403. The ILO and labour inspection 424. The labour inspection, a development vehicle 425. Influence of international labour standards on development 456. SafeWork and Labour Inspection 45

> IV. PORTFOLIO GLOBALIZATION 501. Globalization and Social Dimension 502. Globalization and Fundamental Labour Standards 543. Globalization and Employment 584. Globalization and Corporate Social Responsibility (CSR) 605. Globalization and Trade 626. Globalization and Migration 66

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7. Globalization and Intellectual Property 708. Globalization and Development 739. Globalization and Health 7510. Globalization and Medicines 7911. Globalization and Health Personnel 8212. Globalization and Cross-Border Movement of Hazardous Waste 8413. Globalization and Meteorology 8714. Globalization and Everyday Life 9015. Globalization and Social Security 92

>V. CONCLUSION: THE THREE CONSENSUSES 96>VI. ATTACHMENTS 99

1. Map and Member States of the IALI 992. The system of the United Nations 1083. The main financial contributors of the UNO 1104. The dynamic of world population 1115. The wealth throughout the world 1126. The world trade 1137. The spreading of democratic States 1148. Non-governmental organizations 1149. Abbreviations 11510. Useful contacts 117

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The vast majority of the 181 ILO MemberStates, 90 per cent in fact, have ratifiedthe core labour standards pertaining tofreedom of association, the eliminationof forced labour and child labour, non-discrimination and gender equality.

The ILO cooperates with numerouscountries that are engaged in reform-ing their labour market, social protec-tion and professional training in orderto build their capacity to apply thesestandards.

For the ILO, though, reform also involvescreating employment. And this meanspromoting sustainable enterprises andthe capital that will sow the seeds forproductive and innovative enterprises,enterprises that believe in social dia-logue.

The ILO is unique within the United Nationssystem in that it has a tripartite structurein which States, employers and workers allstand on an equal footing.

However, decent work cannot be broughtabout by the ILO’s tripartism alone.

Fair globalization calls for policies that aremore consistent across the multilateralsystem, particularly those of the WorldTrade Organization (WTO), the InternationalMonetary Fund (IMF), the World Bank, theUnited Nations Development Programmeand the United Nations specialized agen-cies, including the ILO.

The same member countries meetingin these same institutions have at timesadvocated employment, education, healthand social protection policies that are quitedissimilar, if not actually contradictory.

This presents a problem, of course, but weare nevertheless moving forwards.

For example, we have agreed with the WTOthat liberalizing international trade hasboth positive and negative implicationsfor employment. During trade negotia-tions and their subsequent translation intoaction, national policies and internationalcooperation must pay more attention tosuch harmful consequences, which varyfrom country to country.

Another encouraging development initiatedby the ILO, is that some months ago theChief Executives Board – comprising headsof agencies of the United Nations system– chaired by Secretary-General Ban Ki-moon, agreed on a ‘toolkit’ that would en-able each institution to analyse the impactof its own policies on employment creationand decent work.

We are already working on its implementa-tion.

Nevertheless, there is still much to bedone.

The structural reforms and macroeconomicpolicies advocated by the IMF often havenegative implications for the labour market

INTRODUCTION : MR JUAN SOMAVIA, DIRECTOR GENERAL OF ILO

BONDS BETWEEN THE FINANCIAL POLICIES AND DECENT WORK

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or for the financing of social protection,without their impact being offset by othermeasures.

On this point, the new Managing Directorof the IMF, Mr Dominique Strauss-Kahn,recently made the point that financial stabil-ity cannot be pursued at the expense ofsocial equilibrium. I agree. We must strive toensure consistency among ourselves.

We come now to the very heart of the mat-ter. Globalized financial markets entailsocial consequences that can no longer beoverlooked.

> Liberalization has brought about a spec-tacular development of financial markets.

> Capitalization of major stock markets hasgreatly increased.

> Financial products are becoming moreand more diverse and sophisticated.

> Private capital, including the moneytransfers of migrant workers, accountsfor most of the financial flows to develop-ing countries.

> Investment funds, including specializedsuch as private equity funds, investmentbanks and pension funds all play a majorrole in financing enterprises.

Efficient financial markets are essentialfor a modern, open and global economyto function properly. Theoretically, thesemarkets are supposed to channel savingstowards the most productive and innovativeinvestments, whose profitability will be ap-parent in the long term.

You will agree with me, though, that theseconditions are far from always being met.

The reasons for this are well known, andinclude the short-term horizon of financialmarkets, their tendency to fluctuate, theunequal sharing of the risk involved and,lastly, a lack of transparency and overallvision.

First, one of the characteristics of today’sfinancial markets is the demand for high,and very short-term, returns on invest-ment.

The pressure on enterprises, and conse-quently on employees and on their workingconditions, is intense.

When productive enterprises are boundby quarterly profitability goals that aredetermined by the short-term horizon offinancial markets, the pace of the realeconomy – which is not that of the financialeconomy – is inevitably affected.

Productive investment, vocational trainingand research and development each have amedium-term and a long-term perspectivewhich again differs from that of the finan-cial markets. All this gives rise to serioustensions between them.

It is striking to note how the high returnssought by the financial markets contrastwith the stagnation of average wages allover the world. In much the same way, thelion’s share of value added tends to take

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The problem is particularly acute in thelabour markets of developing countries,where informal employment is on the rise.

Our concern, therefore, is clear. Financialmarkets must assume their responsibili-ties in the face of the social consequencesof their decisions.

That is an enormous challenge.

There is no doubt that it is far from easy.

There has to be dialogue.

We need a broad debate on the social im-plications of the different kinds of invest-ment, involving the stakeholders in the fi-nancial markets, investment funds, banks,private investors, ministers of finance andthe public authorities, the EuropeanUnion, the Organisation for Economic Co-operation and Development (OECD), theBretton Woods institutions and the ILO.

The fundamental question is: What sortof enterprises do we want? What sort offinancial investments will bring the mostpositive social and productive benefits?

The ILO’s tripartism is particularly ap-propriate for dialogue on sustainableenterprises, to which it can contributethe experience gained by employers andworkers.

As the ILO Constitution states: ‘Labour isnot a commodity’.

the form of a return on capital rather thanan increase in workers’ incomes.

The German Finance Minister, Mr PeterSteinbrück, has spoken of a crisis of legiti-macy, drawing a parallel between the fall inreal wages and the runaway rise in profitsin financial markets.

Second, it is a constant of financial mar-kets that they tend towards instability.

They regularly go through phases of bull-ishness and over-optimism.

Since 1997 we have experienced the Asiancrisis, followed by crises in the RussianFederation, Turkey, Brazil and Argentina,the bursting of the dot-com bubble in 2000,and now the subprime mortgage crisis inthe United States and its reverberationsthroughout the world. That is a lot in justten years.

Third, the risk involved is all too oftenspread unequally.

A series of crises have demonstrated how,in the space of a few hours or days, signifi-cant economic and social progress can justbe swept away.

Many people, particularly women and olderpeople, pay a disproportionate social price.And it then takes several years to strike anew balance. Asia, for example, has notyet fully recovered from the crisis that itexperienced ten years ago.

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We must give priority to productive invest-ment that generates decent jobs. Theneeds are enormous. The economic andsocial relevance is clear. We must takeheed.

I think that, if we are to convince societyat large, we must use the tax system toencourage productive investment and dis-courage purely speculative activities.

Credit rating agencies must take intoaccount the social dimension, and in par-ticular must recognize that the quality ofoccupational relations and social dialogueare important components of an enter-prise’s economic performance.

Experience tells us that poor social man-agement of an enterprise inevitably endsup causing internal instability, greater oc-cupational mobility and less commitmentto the enterprise’s goals.

Recent discussions conducted by theEurogroup, chaired by Mr Jean-ClaudeJuncker, are moving in this direction.

That brings me to my concluding com-ments.

Current forms of globalization with theadverse effects I have mentioned are to alarge extent encouraged by the interna-tionalization of financial markets.

Globalization without a strong social di-mension is not sustainable.

The workers of course do not see them-selves as commodities, but all too oftenthat is how we treat them.

In practice, the labour market does notfunction like the telephone or car market.Labour is human and depends on individu-als, with their skills, their motivations andtheir dignity. Behind each working man orwoman there stands a family and a com-munity.

Enterprises are not mere commoditieseither. They have their history, traditions,culture – though these must of courseadapt to the dramatic changes we facetoday. An enterprise is a living reality, notjust a product.

If society is to find some form of stability,it must be possible for everyone to look tothe future, to build.

This implies a concept of entrepreneurshipand social justice that is acceptable to allmembers of society.

And that is why the ILO believes that de-cent work, the dignity of work, is the bed-rock of the social bond. Without this bondsocieties cannot function as societies.

Globalization compels many countries tomake changes and to exercise disciplinein their economic and social policies. Atthe same time, globalization has to adaptto the requirements of the social cohesionthat each society needs.

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Are these two realities destined to collide,or can dialogue show us another way?

Personally, I am convinced that dialogue isalways possible, provided that we have thecourage and the imagination to strike theessential balance between the State, themarkets and society that today’s open andparticipative democracy demands.

I would like to conclude by quoting H.R.H.the Grand Duke of Luxembourg in a speechhe gave at the European Parliament in May2005:

Let us remember also that the best growthcan only be achieved if we have better ac-cess to basic commodities, like education,culture, health, social justice and, aboveall, work!

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1. Ambiguity in the cultural changes ofdecent work standards

Up to 47.6 % of job losses affect youngworkers aged between 20 and 30. Fear oflosing their job, flexible working time, lack ofworking safely, lack of experience and lackof competence, combined with moonlightingand other illegal (informal) working condi-tions, result in more frequent occupationalincidents and accidents, higher levels ofdistress, as well as increasing risks of mus-culoskeletal disorders.

What we find in observing ‘decent workstandards’ over the last two decades is thatworkers have to adapt to the workplace andnot the workplace to the workers as moraland human rights behaviour would require.The vocabulary has changed from managerof personnel, human resource manager, and

human capital manager to manager of wagereceivers. In many parts of the world, thecultural mutation goes from human societyto ‘modern’ society, and ‘traditional’ cultureis transformed into a commercial economy.

From the perspective of the ‘social advance-ment of all peoples’ defined by the UNHuman Rights Charter in San Franciscoon 24 October 1945, this cultural mutationhas to be qualified as cultural regressionwith ‘zero visibility landing’. Cooperatingteams and families are experiencing socialisolation; individualistic behaviour and thespirit of mutual competition accompaniesthe retreat of national states from economicaffairs, with lower corporate tax rates andthe acceptance of the predominance of theprivate sector, developed in the frame of aglobalised economy and a liberalised finan-cial system.

I. OVERVIEW ABOUT GLOBALIZATION

A human society‘Traditional’ culture

A ‘modern’ societyCommercial economy

Calm lives Stressful lives

Less ‘poverty’ Few rich, many poor

Low crime rate Police and prisons

Diverse and healthy diet Industrial fast food

Better psychological health Anxieties, depression

Culture of cooperation Culture of competition

Mutual respect Domination

Long-term care for renewable resources Exploitation for a ‘quick buck’

Equality between people, sexes, humans andnature

Power, concentrated wealth, dominators,prisons

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We have moved from a social economyapproach to a globalised economy, whichculminates in a liberal financial system.

The concentration of 60% of wealth in lessthat 5% of the world population, and a ‘G8’group of the most powerful economies or a‘G20’ group of globalised finance, contrastswith the consequences of the decisionstaken by these non-legitimised organi-sations on 95% of the 6.5 billion humanbeings.

The harmony of the 1970s between publicand private sector collapses between de-mocracy and market. ‘Small states or pooreconomies have lost much of their capacityto govern’ because the geographical reach ofthe law (‘national state = subsidiarity’) doesnot match with the geographical reach of themarkets (‘Global economy and liberalisedfinances’), (Ernst Von Weizsäcker, 2006).

Calling on corporate social responsi-bility (CSR) is essential because the

largest global enterprises arise in theG8 countries. The UNCTAD 2006 reportindicates that the top 100 non-financetransnational companies represent 9trillion dollars (2004) compared to the50 first-finance transnational companiesrepresenting 34 trillion! If we comparethis to the world GNP (2004) of 40 tril-lion dollars, the responsible behaviourof these 150 companies is simply basic.But the standards for CSR have no highdegree of transparency, they are notmandatory, and there is no authority tomonitor compliance and no legitimisedauthority to impose sanctions if thesestandards are not followed.

In a nutshell: how can we achieve ‘socialgood’ and ‘decent working conditions’rather than commercial benefit? And,how can we operate a change of culturalbehavioural stakeholders and in particularshareholders to enable human beings tobehave as responsible and interdependent‘duty holders’?

Cultural Mutation ‘zero visibility landing’

‘Traditional’ culture ‘Modern’ culture

Investments Cash flow

Annual balance sheet Monthly reports

Long-term investments Monthly salary cheque

Savings Spending of money

For all events In the last minute

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‘A new enlightenment is needed: weshould recognise and admit that marketsno longer support freedom and democ-racy’ (Ernst von Weizsäcker, 2006).

Let’s have a closer look how the rules fortrade and capital markets are developed bythe World Trade Organisation (WTO), andhow the ILO in the midst of WHO, UNEPand UNCTAD are responding to this.

The goal of the World Trade Organisation(WTO) is to improve the welfare of thepeople of the member countries (149 gov-ernments). At the heart of the system –known as the multilateral trading system– are the WTO’s agreements, negotiatedand signed by a large majority of theworld’s trading nations, and ratified intheir parliaments. These agreements arethe legal ground-rules for internationalcommerce. Essentially, they are con-tracts, guaranteeing member countriesimportant trade rights. They also bindgovernments to keep their trade policieswithin agreed limits to everybody’s ben-efit. By lowering trade barriers, the WTO’ssystem also breaks down other barriersbetween peoples and nations.

Trade and labour standards are a highlycontroversial issue. At the 1996 SingaporeMinisterial Conference, WTO members de-fined the organisation’s role more clearly,identifying the International Labour Organ-isation (ILO) as the competent body to dealwith labour standards. There is currentlyno work on the subject in the WTO.

The debate outside the WTO has raisedthree broad questions.

>The legal question: should trade actionbe permitted as a means of puttingpressure on countries considered to beseverely violating core labour rights?

>The analytical question: if a country haslower standards for labour rights, do itsexports gain an unfair advantage?

>The institutional question: is the WTOthe proper place to discuss labour?

All three questions have a political angle:‘whether trade actions should be used toimpose labour standards or whether this issimply an excuse for protectionism.’ 1

Many socio-economic challenges in a glo-balising world can be tackled by a properlyfunctioning labour inspection system.135 ILO Members States have ratified ILOConvention no. 81 on Labour Inspectionin Industry and Commerce. As one of themost widely ratified ILO instruments, ithas become a ’door-opener’ for preven-tion policy and technical cooperation, anda catalyst for social dialogue, and a healthand safety culture.

The role of a modern inspectorate is toensure social peace by preventing work-related accidents and occupationalillnesses. This can be achieved by supervi-sion, advice and enforcement and by pro-viding adequate solutions and developingnational action plans for making decentwork a global goal.

1 Source: World Trade Organization, http://www.wto.org

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At the workplace, inspectors have a pivotalrole to play in the implementation of na-tional policies and legislation, as well asILO Core Labour Standards. However, theircapacities need to be strengthened inorder to provide qualified services toworkers and employers in a sustainableintegrated manner.

The rights and duties of labour inspectorsdeserve broad political support from gov-ernments, employers and workers, NGOsand shareholders in the sense of commit-ted ‘duty holders’.

The WTO agreements do not relate to anyfundamental norm of work. Some industri-alized countries, however, believe that thestudy of this issue in the WTO constitute afirst step towards its consideration by theUnited Nations. For them, the rules anddisciplines of the WTO strongly encourageMember States to improve working condi-tions.

Many developing countries and somedeveloped countries feel that it is not theWTO that should discuss the issue. Theyargue that efforts to have labour standardsdiscussed in the context of multilateraltrade negotiations are little more than asmokescreen hiding protectionist inten-tions. Many representatives of developingcountries believe the campaign to enter theWTO this question is actually an attempt ofthe industrialized countries to question thecomparative advantage enjoyed by tradingpartners with lower wage costs.

That question led to a fierce battle in theweeks before the Singapore MinisterialConference of 1996 and during the Confer-ence itself. Ultimately, the WTO membersexpressed their commitment to recogniz-ing core labour standards and that thesestandards should not be used for protec-tionist purposes. They also asserted thatthe economic benefit of countries with lowlabour costs should not be put into ques-tion and that the secretariats of the WTOand the ILO should continue their collabo-ration. In his closing remarks, the Chair-man of the Conference, Mr Yeo CheowTong, Minister of Trade and Industry of Sin-gapore, said that the Declaration did notinclude the issue of labour standards inthe WTO agenda. The countries concernedcan continue to advocate on that topic atthe WTO, but at present no committee orworking group considers the issue.’

2. A fair globalisation: creating opportuni-ties for all

The globalised economy and finance worldon one side and the state-based decentwork standards on the other side are notequally balanced. The ILO Conventions 81,129 and 187 acquire constitutional characteron a universal scale, while their ratificationas national Member States standards de-velop local decent work conditions. In 2008,out of 192 United Nation Member States(MS), 135 have ratified Convention 81. TheInternational Association of Labour Inspec-tion (IALI) counts 112 member organisationsout of 98 countries (2008).

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To bridge the gap between the interna-tional and the national legal situations atthe operational level, labour inspectorateshave to work more closely together insidethe IALI, and on a regional level, whiledealing fully with the WTO global merchanteconomy concept.

The answer is a holistic approach by themultilateral UN community regardingworkforce migration, the informal labourmarket, demographic and gender changes,precarious working relations as well asnew emerging risks.

Labour inspectors, with the advice, con-trols and sanctions, monitor the (non-)compliance with these basic rights in workrelations and conditions, and hence are‘ambassadors’ of the work itself at thelevel of a State. Their sound judgementsplay an important role in maintainingsocial equilibrium.

A multi-skilled inspector thinks globallyand acts ‘locally’.

3. How to improve the coherence of theinternational system?

International organizations in generalare based on an institutional trianglecomposed of a plenary body (the Gen-eral Assembly), a directory (the ExecutiveCommittee) and a Secretariat. The latterinstitution is responsible for implementingthe decisions of the other two bodies whichretain the monopoly of universality under

the control of the States. States tend not togrant the budgets necessary for the opera-tion of the organization, and this tendencyfor weakening leads to systematic delayin the payment of contributions by someStates, all members by necessity but oftenmiser by pusillanimity.

It is difficult to reconcile the specialty ofsector organizations and the interdepend-ences of the covered subjects. Financialinstitutions had originally a limited mis-sion: the IMF had to ensure the stabilityof exchange rates, the World Bank hadto provide long-term loans to supportreconstruction and development. Today thevariety of interventions is such that theirdecisions may be inconsistent with theimplementation of standards from otherorganizations of the United Nations systemsuch as the ILO.

There has been a shift of responsibilities:each institution is trying to respond tothe new deal, extending the sphere of itscompetence, within the margin and theframework of its mandate. Consultationsare only occasional, limited in the subjectand in time. There is no higher court tosettle conflicts of jurisdiction or standards.The different cultures and legal responsi-bilities could be structured from a politi-cal will to assert first and foremost globalpublic goods as they would be defined.

The reform process under way at theUnited Nations seeks to strengthen thecoordination between the various interna-

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tional sector organizations and increasetheir coherence. 2

In addition, we multiply the places where wecan ‘account for the international obliga-tions of the States’: through the WTO’s dis-pute settlement body, the national reportson the effective implementation of interna-tional treaties, the justiciability of the Pacton Economic, Social and Cultural Rights, 3

the introduction of the concept of respectfor the basic international conventions (hardlaw) into the tools of soft law.

The WTO is the only organization that is nota part of the United Nations system, whichhas a judicial function on the obligationsresulting from commercial standards ac-cusing the imbalance between the variousinternational institutions, at the momentof the interpretation of the standards. TheILO does not have, although it is legallyprovided by Article 33 of its Constitution, thesame power to impose sanctions, becauseit favours dialogue, work of persuasion and

support through the technical long-termcooperation.

Trade is useful to the well-being of individu-als, but it is never enough: other nationalpolicies are needed to open markets in anefficient way. The Doha Development Roundmust correct the imbalances that persistin trade rules to give real opportunities formarket access to developing countries.

The UN has been involved in promotingcorporate social responsibility by its WORLDPACT initiative 4 to promote standards andconventions that exist already and areharmonized. Far from criticism that issometimes addressed to them, the multi-national companies play a leading role withmultiplier effect, for these rules of socialresponsibility, by their presence everywherein the world. It is interesting to note thatEuropean multinationals have been the firstcompanies to sign the first internationalframework agreements that promote globalsocial dialogue. 5

2 The New York World Summit of September 2005 recommends to reinforce the coherence of the UN system, mainly the link between itsnormative and its operational activities.3 Interview of Mr Riberolles, Mission of France, on 18 January 2007 and the Honourable Ambassador Doucin on 8 February 20074 http://www.un.org/english/globalcompact/ of 17 August 20075 Analysis by A. Sobczack, Centre pour la responsabilité globale Audencia, Nantes (France)

Of 32 IFAs signed since 2000

> 78% mention the 8 international conventions of ILO; the remaining refer globally to ILO

> 34% refer to the Universal Declaratio of Human Rights

> 33% refer to the Global Compact

> 15% refer to the guidelines of OECD

Other recognized rights:

> 90% health and security

> 87% wages

> 63% training and development of competencies

> 59% working hours

Since 2004: emerging themes: 36%: Aids, 29%: restructuring

Environnement : 56% de l’ensemble des ACI

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The regional level (EU, NAFTA, MERCOSUR,ASEAN…) has still to be structured in mostcontinents, and this structure is even moredelicate as long as the structure of Stateswhich are members is not completed (suchas the economic partnership agreementsin Africa). Regional dialogue is essentialbecause it facilitates international dialogue.

There is an awareness of when the prob-lems are caused by several actors andaffect several others; the attempts to finda solution must involve all actors, similarlyto nesting Russian dolls (State, regionalbodies, United Nations).

The model of European integration re-mains a successful regional laboratory ofglobalization, although Europe is currentlyexperiencing a political crisis. Using the‘economy’ to promote the ‘social’ as inthe ‘New Approach’ of the EU 6 performedat the start of the single market in 1992,would readjust the globalization throughthe gradual reformulation of the interestsinvolved in terms of values.

This constitutional patriotism involves theemergence of a public deliberation areaat the regional level, such as Europe, andthe international level, such as the UnitedNations, to ensure universal peace advo-cated by Kant 7 through the transnationallegal established order that reconciles thepower of the State to organize the societyand the private sphere, place of exercice ofindividual freedoms.

4. An integrated labour inspection system

The international Convention No. 187 ofthe ILO on the promotional framework foroccupational safety and health, 2006, callsfor an integrated system of labour inspec-tion (ILIS) in order to meet the challengesof economic globalization and liberaliza-tion of Finance.

The integrated system of labour inspection(ILIS) is based on the ILO Conventions rel-evant to health and safety at the workplaceand other standards reflecting the right toa ‘decent work’.

1. The national system for occupationalsafety and health shall include amongothers:

a) laws and regulations, collective agree-ments where appropriate, and any otherrelevant instruments on occupationalsafety and health;

b) an authority or body, or authorities orbodies, responsible for occupationalsafety and health, designated in accord-ance with national law and practice;

c) mechanisms for ensuring compliancewith national laws and regulations,including systems of inspection; and

d) arrangements to promote, at thelevel of the undertaking, cooperationbetween management, workers andtheir representatives as an essentialelement of workplace-related preven-tion measures.

6 http://europa.eu/scadplus/leg/en/lvb/l21001d.htm dated 17.08.077 Kant I.: ‘Zum Ewigen Frieden’ Kant Werke, Band 9, Wiesbaden 1964

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2. The national system for occupationalsafety and health shall include, whereappropriate:

a) a national tripartite advisory body, orbodies, addressing occupational safetyand health issues;

b) information and advisory services onoccupational safety and health;

c) the provision of occupational safety andhealth training;

d) occupational health services in accord-ance with national law and practice;

e) research on occupational safety andhealth;

f) a mechanism for the collection andanalysis of data on occupational inju-ries and diseases, taking into accountrelevant ILO instruments;g) provisions for collaboration with relevantinsurance or social security schemescovering occupational injuries and dis-eases; and

h) support mechanisms for a progressiveimprovement of occupational safety andhealth conditions in micro-enterprises,in small and medium-sized enterprisesand in the informal economy.

3. Each Member shall formulate, imple-ment, monitor, evaluate and periodicallyreview a national programme on oc-cupational safety and health in consulta-tion with the most representative organi-zations of employers and workers.

As the national competent authority, theLabour and Mines Inspectorate in Luxem-

bourg (ITM - Inspection du Travail et desMines) has taken the lead in this initiative,setting up multidisciplinary teams of fieldinspectors who cover occupational safetyand health (OSH) and general workingconditions. The principle of 1 inspector to1 enterprise is now being applied.

If additional specialist advice is needed,they can call on either internal special-ists or external ones such as occupationalhealth physicians, engineers and ergo-nomicists.

At the national level, a tripartite, consulta-tive committee for labour has also beenset up, bringing together all the mainstakeholders so as to help define nationalpriorities.

Often the missions of the inspectors gobeyond the mere control of the OSH andthe working conditions, as they are alsoresponsible for identifying a number ofspecific national priorities, such as thepromotion of compliance with collectiveagreements between social partners relat-ing to industrial relations, apart from theissues of unemployment and possibly therules of mutual insurance against acci-dents (see the chart below).

23

N

iz

24

cooperation with the ILO, has been ableto address many of the problems relevantto workplace in a holistic way. They haveachieved this in a variety of ways, creat-ing new partnerships, sharing informa-tion through conferences, forums, andhandbooks, and reaching out to new areasof the workforce, such as the informaleconomy. IALI will remain an essential partof the international labour system, help-ing address the challenges that arise intoday’s dynamic world.

Cooperation among labour inspectorsaround the world is necessary to promotethe most effective forms of labour inspec-tion. IALI, as an internationally activeand well established forum for labourinspection, is one of the main pillars ofthe information exchange platform. Asthe main information exchange forum forlabour inspectors around the world, IALIprovides experience and expertise fromlong-standing knowledge bases as well asthe most up to date sources. IALI, in close

Working conditions WC

Convention 81 + 129 OIT

Inspection

Industrial relations (individ / collectives)

Standardsfor working life

LABOUR POLICY(except employment)

Other aspects:- Collectiveagreements- Illegalemployment- Child labour

Other aspects:- Integrated ap-proach- Actions plans- Economicalstimulation- Methodologicalhelp- Practical guid-ance- Classifiedestablishments- SEVESO

Inspection OSH

Occupational safety and health

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1. Introduction

‘Officials must think in terms of safe andhealthy working life rather than simplythinking in terms of safety and health atthe workplace – a more comprehensiveapproach that includes working condi-tions, industry relations and the problemsin the market the employment. Labourinspectors must continue to be creative intheir approaches and to explore new ideasin the national and international networkssuch as the International association oflabour inspection.’ Michele Patterson,President of the International associationof labour inspection

The world evolved at a rapid pace in recentdecades. Globalization, changes in worldpolitics and other key events have shapedthe economic and political environmentinto a dynamic entity. The workplace, as aresult, has grown and changed simultane-ously. Safety and health at the workplaceshould be addressed as soon as possible.270 million accidents in the workplace oc-cur every year and the frequency ofpsychosocial illnesses is increasing. Toimplement the core labour standardsdeveloped by the ILO, it is necessary tostrengthen and promote labour inspection.One of the most important organizations inthe field of labour inspection is IALI.

The IALI was founded in 1972 by repre-sentatives from France, Germany, Italy,Luxembourg, Senegal and Switzerland with

the general objective of promoting profes-sionalism among labour inspectorates.IALI’s philosophy is that the dignity andhumane working practices are essentialcomponents of a just society, and that thelabour inspectorate has a vital role to playin achieving this. Membership is open to alllabour inspection bodies under the Conven-tion No. 81 of 1947 of the ILO on labour in-spection, associations of labour inspectionand labour ministries. Since 1972, the Asso-ciation, which was a rather small organiza-tion based in Europe, has grown to becomea truly global association consisting of 112member organizations from almost 98countries worldwide (IALI 2008) 9. The IALItranscends social differences, religious andpolitical conflicts by promoting professionalapproaches; its neutral position is vital tothe success of its goals.

2. Objectives

The International association of labourinspection has several major objectives.The organization seeks to encourage aconstant flow of information among theMember States through conferences anda regular newsletter. This allows them toshare quickly and effectively perform tech-niques and practices of excellence. Thisdynamic collaboration is helping to ac-celerate improvements in Member States,helping them in their efforts to becomemore effective and more efficient. Theorganization covers a wide range of topicsconcerning labour inspections, safety and

II. THE INTERNATIONAL ASSOCIATION OF LABOUR INSPECTION 8

8 Contributions of Mr. Joshua A. SEIDMAN-ZAGER/ ILO Safework and Mr. Jan WEISMÜLLER, International Consultant at chapters II par. 1 - 59 http://www.iali-aiit.org/iali/iali?showMemberList&memberListLanguage=en

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health at work, employment and illegalmigrant workers, HIV / AIDS, forced labourand child work.

The latest studies and information onissues that affect the workplace, safety andhealth, labour laws and labour inspectionwill be circulated to the members of theIALI through various means of informationsuch as the Internet, reports and publica-tions. This distribution, coupled with aspirit of collaboration, is an extremelyeffective strategy to promote effectivelabour inspection. The IALI takes care topromote professional attitudes and workperformances.

3. Structure

The IALI consists of three principal organs:the General Assembly, the Executive Com-mittee and the Secretariat, which over-sees the organization of annual confer-ences. The General Assembly discussesand adopts the budget and developmentplan for the next three years and elects anew Executive Committee. The ExecutiveCommittee is composed of nine memberselected by the General Assembly. TheCommittee shall elect its own officers:President, the General Secretary and theTreasurer. It is responsible for organizingand managing the activities of the IALI forthe following three years, with the assist-ance of the Secretariat.

The ILO is the most important partnerof IALI. The two organizations are work-

ing together on topics related to labourinspection through the group developingintegrated inspection systems within theProgram on Safety and Health at Work andthe environment of the ILO: SafeWork. TheILO has officially recognized the IALI as anadvisory non-governmental organization,which allows the IALI to attend the Interna-tional Labour Conference, to be consultedand to advise the ILO on relevant subjects.

4. International trends

What are the international trendsin health and safety inspection?

The answer is that the globalized worldof work presents employers, workersand labour inspectors with new chal-lenges. And quite suddenly, effectivesafety and health inspection is in greatdemand everywhere. All parties in theworld’s workforce are seeking assist-ance to meet safe and decent standardsof work. Economic imperatives aredriving the pursuit of a better standardof work practice and the profession of la-bour inspection – particularly safety andhealth inspection – is well positioned toinfluence the development of safe, fairand decent work world-wide.

The Labour inspectorate’s internationalchallenge is to improve occupationalhealth and safety and fair working con-ditions to deliver reductions in deaths,injuries, diseases, disputes and costs tobusiness – as well as to promote human

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dignity, more productive workers andthe right environment for business tothrive.

There are great expectations of its role.Just like the world of work – representedby employer associations and unions – in-spectors must develop new approaches tothe way the Labour inspectorate deliversits services and respond to the pressuresthat determine whether its role will besignificant in a global economy.

The International association of labourinspection (IALI) is the global profes-sional association for labour inspection.IALI is committed to strengthening andmodernising labour inspection acrossthe world.

To deliver on this commitment, IALImembers need to build a foundation ofintegrity and professionalism. Develop-ment of a global code of ethics is a keystrategy towards achieving this aim. De-veloping alliances to build partnershipswith employers and employees (and theirrepresentatives) and forging regionalcooperative arrangements are essentialto be effective. And since effectivenessdepends on its capacity to influence goodpractice, demonstrating and measuringits value is critical to success.

What is labour inspection?

In each country, labour inspectionservices are defined differently but in

general, address a combination of oc-cupational safety and health, conditionsof work, forced labour, child labour,employment relations, social security,gender equality and discrimination, il-legal employment and specific sectoralfunctions (e.g. agriculture, construction,mining etc.).

What can effective labour inspection do?

The value of effective labour inspec-tion has been thoroughly evaluatedover many years. The labour inspectoris a field officer who seeks compliancewith labour law requirements. The worktypically involves advising, assisting andeducating everyone in workplaces aswell as enforcing the law where neces-sary. These services positively impacton the individual worker and workplace,the employer and business enterpriseand, ultimately, if delivered effectively,the social and economic well-being of acountry.

This work is essential for the realizationof the ILO’s key objective of decent workin every country. Further, it is essential tocreate the conditions for sustained socialand economic growth. The table belowhighlights just some of the potentialbenefits that effective labour inspectioncan deliver in its country. It demonstrateshow the positive impact on workers willflow through to better conditions for busi-ness and ultimately, a healthy social andeconomic environment.

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Leadership and Vision - The ILO and IALIas partners

Global efforts to reinvigorate and strength-en labour inspection take leadership andvision.

Current efforts in meeting the challengesare being led by the ILO and IALI as part-ner organizations with a common interestin the pursuit of this agenda.

But in addition to the leadership of theILO and IALI together, successfullyachieving this aim will depend on engag-

ing all parties who affect the workplace– not just governments, but employ-ers, workers and their representatives,designers, manufacturers and suppliersof plant, materials and substances, own-ers and occupiers and those deliveringprofessional services.

IALI has always worked in close partner-ship with the ILO and host country or-ganizations, and is increasingly workingat regional levels – partnerships betweencountries are a new and vital focus. IALIhas expanded its activities to be trulyglobal, with conferences recently run in

LABOUR INSPECTION POSITIVELY IMPACTS ON:(read this table from left to right)

Workers and peoplein workplaces

Employers and businessenterprises

Countries and the stateof the world

Improved conditions of work Reduced costs to business Better quality productsand services

Promotion of worker rights Reduced disputes Decline in number ofdays lost to production

Proactive health and safetyof workers

Reduced injuries, diseases,fatalities

Improved healthof the economy

Consultation and participationin OSH

Collective responsibility forOSH compliance

Good governance

Human dignity Cooperative workforce Social cohesion

Increased motivationof workers

Increased productivity The right environmentfor business to thrive

Fair labour standards Harmony in the workplace Sustainable economicgrowth and development

Ensuring decent work Consistency in corporatesocial responsibility

Increased standardof living

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Europe, Africa, Asia, North America andmost recently, held its first conferencein the Pacific region – in South Australia –in March 2008.

The ILO Governing Body Strategy Paper –November 2006

In November 2006, the ILO GoverningBody proposed a new series of measuresdesigned to ‘reinvigorate, modernise andstrengthen labour inspectorates world-wide’. They stressed that ‘good governanceof workplaces is central to the promotionof sustainable economic development’.

The Governing Body Committee onEmployment and Social Policy foundthat ‘an efficient and adequately re-sourced labour inspection system makesa significant contribution to economicdevelopment, social cohesion and goodgovernance.’

It further comments that with 135 ratifi-cations, ILO Convention,1947 (no. 81) onlabour inspection in industry and com-merce, is one of the ‘10 most ratified ILOconventions to date and serves as a goodinternational guide to secure the enforce-ment of the legal provisions relating toconditions of work and the protection ofworkers.’

Measures the ILO has suggested in itsStrategy Paper to reinvigorate labourinspection, include the development ofethical and professional codes of conduct,

tripartite labour inspection audits to assistgovernments identify and address weak-nesses, global inspection principles, handson tools and targeted training.

But it is one thing to propose such anambitious agenda – and another thing tomake it happen. To do this, the ILO mustfollow through on the Governing Bodycommitment.

Although the agenda is ambitious, it isessential to achieve the broader ILO aim ofglobal decent work – and IALI is committedto working in partnership with the ILO toachieve these aims.

IALI and the ILO working together

IALI has 3 main priorities for the years2005 to 2008; these are:

> to work towards regional alliances forcooperative initiatives between labourinspectorates;

> to develop a global Code of ethics; and> to influence everyone who can assist inmeeting the decent work aim, throughmeasuring and demonstrating its ef-fectiveness.

These priorities fit closely with the objec-tives stated in the ILO’s Governing BodyStrategy Paper on labour inspection andprovide a sound basis for the two organiza-tions to work together to strengthen andreinvigorate labour inspection throughoutthe world.

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STRATEGY 1 - ALLIANCES

Developing strong and effective partner-ships across regions results in:

> shared good practice;> collaborative action;> combined resources; and> better results.

The emergence of the global world of workprovides opportunities for IALI regionalalliances to contribute significantly to theILO’s decent work country programs. Theshare of training approaches and goodpractice assists in strengthening and mod-ernising labour inspection services.

Further, by formalising internationalnetworks, developing internationalMOUs between labour inspectorates,and cooperatively developing and ap-plying similar auditing tools, IALI canaddress such issues as working condi-tions and OSH in supply chains betweentrading partners.

In the globalized world of work, labourinspection alliances need to deliver strongoutcomes. Partnership arrangementsformalised in MOU agreements provide theframework for formal cooperative arrange-ments.

Cooperation between labour inspectorsacross regions can facilitate trade agree-ments, social dialogue, deregulation,harmonisation, robust auditing, mutual

recognition and remove trade barriers andopportunities for exploitation.

In summary, regional cooperation candeliver:

> strength, consistency & fairness in ap-plication of the law; resulting in

> reduced non-compliance with labourstandards; therefore,

> less injuries, disease and death and> cheaper compliance for business.

STRATEGY 2 -ETHICS AND PROFESSIONALISM

To ensure transparency of operation aswell as protection of the labour inspector’srole, several countries have recognised theimportance of underpinning labour inspec-tion work with a Code of Ethics. Variouslyreferred to as code of ‘ethics’, ‘profession-alism’ or ‘integrity’ (or a combination), thistype of document serves as a foundationfor establishing a credible and professionallabour inspection system.

At their General Assembly in Geneva in2005, IALI members agreed that develop-ment of a global code of ethics for labourinspection is a vital priority for the organi-sation. The code would aim to establishstandards of conduct, professionalism andexpected behaviours for labour inspectors.

Development of a global code of ethics orintegrity will address labour inspectionissues at two levels:

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For countries, a global code of ethicswould:

> underpin signatory nations commit-ment to Convention 81;

> give developing countries guidance onexpectations and professional stand-ards;

> provide a service guarantee in devel-oped countries; and

> ensure all countries work towardsmodern ethical standards of practice.

For labour inspectors, a code of ethicswould:

> help to protect labour inspectors e.g.in developing countries;

> identify the maturity of the profession;and

> provide the basis for increased influ-ence and therefore safe, healthy anddecent work.

How does a code of ‘ethics’ or ‘integrity’work?

A ‘code of integrity’ creates a governanceframework for general employee behav-iour for the whole organization.

While similar to a ‘code of conduct’ usedin many public service organisations, theaim is to go beyond employee compliancewith a pre-determined set of rules. In-stead, a code of integrity is about achiev-ing a personal commitment by eachindividual in the service, to standards of

behaviour that reflect the highest level ofintegrity and professionalism. It fur-ther aims to commit the organization toproviding the resources, strategies, toolsand access to continuous professionaldevelopment, necessary for employees toachieve these standards.

If desired, this type of code can be en-forceable as part of a contract of employ-ment – but the means of delivering thecode objectives are up to each serviceto devise the best match with their owncircumstances.

IALI’s draft code is intended to provide thebasis from which governance frameworkscan be created to suit local conditions.

IALI’s process for developing a globalcode of ethics

The IALI project to develop a code is be-ing led by South Australia, through theGovernment’s labour inspection authority,SafeWork SA, with assistance from IALI’sSenior Technical Advisor, Wolfgang vonRichthofen and the Ministry of Labour,Ontario.

The intention is to engage members indevelopment of a draft code for ap-proval at IALI’s next General Assemblyto be held in June 2008. IALI’s majorinternational conferences between 2005and 2008 are being used as milestonesand IALI’s web site will facilitate globalconsultation.

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IALI conferences in Beijing, PR China,2006 and Ontario, Canada, 2007

The well-attended major IALI conferenceof 2006 held in Beijing, featured an inter-national panel discussion on the concept ofa global code of ethics and tested the will-ingness and commitment of IALI membersto work towards this aim.

Panel members from countries where acode had been implemented reflected ontheir experiences and explained why acommitment to ethical practice, integrityand professionalism is vital for a success-ful labour inspection system.

At the IALI conference in Ontario in 2007,significant progress was made towardsthe development of a draft code. A work-ing session, chaired by South Australia,reviewed the latest best practices in codedevelopment. A special focus on the expe-rience of the Ontario Ministry of Labour indeveloping and implementing their Code ofProfessionalism, informed delegates aboutthe key strategies involved.

A major aim was to test the feasibility ofa global code by examining the needs ofcountries where labour inspection systemswere classed as either developed, develop-ing or undeveloped. Representatives fromcountries in these three categories sepa-rately identified specific characteristicsthat exemplified professionalism and theresulting list was ranked by all participantsin order of importance. From this, the top

six characteristics were identified as thecommon core components of a first draftof a global code.

IALI’s first draft global code of ethics

The key elements of IALI’s first draft of acode of ethics, integrity or professionalismare:

1. Knowledge and competence> Gained through continuous learning anda focus on building capabilities

2. Honesty and integrity>Where conduct inspires respect, confi-dence and trust

3. Courtesy and respect>Where empathy, compassion andunderstanding are demonstrated,acknowleging the diversity of the com-munity

4. Objectivity, neutrality and fairness>Where conduct is impartial, objectiveand without bias

5. Commitment and responsiveness>Where planning and timeliness of activi-ties are effective

6. Consistency between personal and pro-fessional behaviour

>Where the characteristics of these prin-ciples are reflected both at work and inprivate life (considered to be especiallyimportant by developing countries).

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At the ILO conference in Dusseldorf,Germany in September, 2007, whichfeatured a focus on strengthening andmodernising labour inspection, IALI’sprogress towards developing a code wasfurther endorsed by the representativesof employer, worker and governmentorganisations from the 65 countries at-tending.

IALI conference in Australia,March 2008

Following consultation through the IALIwebsite, the draft code was refined fordiscussion at the major IALI conferencein Adelaide, Australia in March 2008.

In a forum prior to the conference, amilestone was reached when all Austral-ian OHS jurisdictions committed to theprinciples of the code. The Australianendorsement of the Global Code of Integ-rity set the scene for discussion in the fullIALI conference which focussed on thesignificance of this development for itsworkplace partners.

IALI considers that adoption of this codewill be vital in enhancing the transpar-ency and credibility of labour inspection.It will also raise awareness of the highstandards of personal and professionalbehaviour required of labour inspectorsworldwide, and in so doing will provideassurance to employers and employeesof fair, impartial and professional deal-ings.

The African Symposium – Tunisia 2008

The Tunisian Association of Labour Inspec-tors, in partnership with IALI and ILO,held an international conference on April18th and 19th, 2008 in Hammamet with350 participants. Within the context of thefestivities held in Tunisia on the occasion ofthe centenary of the Labour Inspectorate,the delegations were given the opportunityto be informed of the high level reached bythe structure of the Labour Inspectorate inTunisia, demonstrated by the quality of itsinterventions and its mechanisms in theareas of control, conciliation and promo-tion of social dialogue.

The personal commitment of the Presi-dent of the Republic, of the Minister ofSocial Affairs and Solidarity and of theTunisians living abroad to promote socialdialogue and professional relations haveenabled the development and moderniza-tion of labour legislation, which allowed tostrengthen social peace and promote thecountry’s economic development. ThusTunisia became a model of inspiration foremerging countries.

The first medal of honour of IALI awardedto the President of the Republic of Tunisia

During the ceremony held on May 1st, 2008in Carthage on the occasion of the celebra-tion of Labour Day, President Zine El Abi-dine Ben Ali was awarded by Paul Weber,Secretary General of IALI, the first medalof honour of IALI, as a mark of considera-

34

tion for his commitment to guarantee bestworking conditions and promote socialdialogue, which enabled Tunisia to occupya prominent place in international organi-sations and bodies.

In his speech, Paul Weber pointed outthat Tunisia has put itself in the group ofcountries that have ratified the fundamen-tal conventions of the International LabourOrganisation (ILO), while integrating theinternational standards into its nationallegislation, which has strengthened pre-ventive policy and strategies in the areas ofprofessional relations, safety and health atthe workplace.

Finally, he welcomed the initiative of theTunisian Association of Labour Inspec-tors to have initiated a declaration ofprinciple giving rise to a regional struc-ture which groups together the labourinspections of the Maghreb countries.This structure shows promise to becomethe flagship structure for all the coun-tries in Africa.

The President of the Republic of Tunisia,declared in his speech on 1 May 2007:

‘…. I also would like to thank the Inter-national association of labour inspectionfor awarding me its first Medal………..I would like to express my deep con-sideration for the commendable actionundertaken, on the international scene,by this association to promote labourinspection.’

Where to from here? - IALI Congress andGeneral Assembly, June 2008

The IALI Congress and General Assemblyis held every three years in Geneva. In2008, the IALI Congress will have a majorfocus on the culture of labour inspectionwith emphasis on the role of a code of eth-ics. At the General Assembly following theCongress, members present will be askedto approve a motion to adopt the code. It isintended that adoption will form a commit-ment by all IALI members to implementthe principles of the code. New applicantsfor membership will be asked to committo the code as part of the membershiprequirements of the Association.

A further goal will be to agree on keystrategies for global implementation of thecode – such as the development of trainingtools, guidelines and manuals, strategiesfor gaining commitment, engaging inspec-tors, promotion and integrating the codeinto professional systems and behaviours.Countries implementing the code wouldbe expected to use the core documentto underpin a more detailed approach toprofessionalism, specifically suited to localconditions.

Throughout the development and imple-mentation process, the ILO is working inpartnership with IALI. The network of ILOdecent work country programmes, many ofwhich feature the strengthening of labourinspection as a key objective, will providea critical promotional vehicle for success-

35

ful implementation of the code worldwide.Further, it is hoped that adoption of thecode by IALI in 2008 may allow the ILO topursue tripartite implementation strate-gies that would align compliance with thecode to ratification of the labour inspectionConvention No 81, in the longer term.

‘Virtue lies in our power, and similarly sodoes vice, because where it is in our powerto act, it is also in our power not to act...

So, if it is in our power to do a thing whenit is right, it will also be in our powernot to do it when it is wrong’ (Aristotle:384-322 BC).

STRATEGY 3 - INFLUENCE

IALI is committed to delivering results thatpositively influence the achievement ofdecent work world-wide.

Labour inspectors alone cannot achievethe decent work objective. To be effec-tive they need to be able to influence allthose who can affect work and workplacesincluding the community, politicians, busi-ness, media, economists, opinion-makers,governments, employers, workers, design-ers, manufacturers, suppliers and so on.

Through influence, labour inspectors are ina unique position to facilitate safe, healthyand decent work in the globalised worldbut only if they can deliver measurable re-sults for workers, business and economicdevelopment.

To be a successful influencer, however,IALI needs to be able to demonstrate itsvalue and effectiveness. To do this labourinspection needs to:

> establish a basis to influence goodpractice;

>measure the quality of outputs; and> justify increased resources.

For some years, IALI conferences havefeatured the exchange of informationon best practice initiatives to improvethe delivery of services. A major issueraised in this discussion is always thequestion of how to measure success.To move this agenda forward, a veryambitious objective of IALI’s most recentconference in Adelaide, Australia, wasto consider ways to appropriately andaccurately benchmark the influence andperformance of labour inspection acrossthe world.

The Conference was told that a need forbenchmarking exists as a means of ensur-ing effectiveness and continuous improve-ment. Benchmarking therefore could beseen as helping to create an environmentin which inspectors’ work is understoodand valued.

Significantly, the conference discussionconcluded that,

> to benchmark performance of labourinspection is complex due to the manyinterrelated activities;

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> a perfect set of parameters satisfyingall needs does not exist; however,

> indicators that are sensitiveto changes can be used for bench-marking OSH;

> OSH profiles can be used to compareOSH status;

> concepts such as the ‘Nordic Score-board Model’ could form the basis ofa global approach to benchmark OSHperformance; and,

> benchmarking has the potential topromote sound working environmentsat country level.

Opportunities and challenges for labourinspection, IALI, the ILO and the future

In summary, the ILO and IALI are workingtogether to,

> Formalise international networks to ad-dress issues arising from the globalisedworkforce;

> Establish an ethical ‘guarantee’ of pro-fessional practice; and

> Influence safe and fair work outcomesthrough demonstrated effectiveness oflabour inspection.

Our international challenge is to improveoccupational health and safety and fairworking conditions to deliver reductionsin deaths, injuries, diseases, disputesand costs to business – as well as hu-man dignity, more productive workersand the right environment for businessto thrive.

For the ILO, the challenge is to committhe resources and build the capacity todeliver on the stated agenda of its tripartiteGoverning Body to strengthen and reinvig-orate labour inspection in order to makedecent work a global reality. In partnershipwith IALI the ILO has the opportunity toconvince every country that:

‘An efficient and adequately resourcedlabour inspection system makes a signifi-cant contribution to economic develop-ment, social cohesion and good govern-ance’ (ILO Governing Body Committee onEmployment and Social Policy, November2006).

Together, we aim to achieve this goal.

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1. The International Labour Office (ILO)and the Luxembourg case

In a globalized world, many challengescan be met through an effective labourinspection system. 135 Member Stateshave ratified ILO Convention No. 81 onthe labour inspection in industry andcommerce. The Convention, one ofILO’s most widely adopted, has openedthe door to the policy of prevention andtechnical cooperation; it has becomea catalyst for social dialogue and thepromotion of health and safety.

The mission of a modern labour inspec-torate is to contribute to social peace bypreventing accidents and occupationaldiseases. This involves monitoring,guidance and control, but also seekingappropriate solutions and developingnational action plans aimed at makingdecent work a global goal.

The inspectors have a central role toplay in the implementation of nationalpolicies and legislation, as well as ofthe ILO labour standards. Their pleas,however, must be strengthened so thatthey are able to make in a sustainableand integrated manner, appropriate re-sponses to the expectations of employ-ers and workers.

The rights and duties of labour inspec-tors require broad political supportfrom governments, employers andworkers.

Based on the ‘Audit of the labourinspection system in the Grand Duchyof Luxembourg’, a tripartite missionconducted by the ILO in 2002, a newstrategy to tackle problems related towork was developed.

It is important to note that labour in-spection is not a mere technical ‘tool’,but a vehicle for reform and a powerfulinstrument capable of initiating politicalchange and bringing innovation at theheart of the company.

During its presidency of the Council ofthe European Union, the Grand Duchy ofLuxembourg was in 2005, in collabora-tion with the ILO, a platform for ex-change of experiences between govern-ments and social partners on the role ofinspection departments. The goal of theConference of Mondorf-les-Bains wasto develop an effective policy, relevantand informed, and to define an actionplan for the realization of an integratedsystem of labour inspection. The chal-lenge was to raise awareness in Europeand around the world on the need toplace the social dimension on an equalfooting with the financial, economicand environmental aspects, through aholistic approach. The time has come toglobal thinking and local action.

In their preface to the pamphlet re-leased on the occasion of this confer-ence, the ILO Executive Director, MrAssane Diop, and the Minister of Labour

III. THE INTERNATIONAL LABOUR OFFICE (ILO)

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and Employment of Luxembourg,Mr François Biltgen, said this:

‘Globalization and partnership

The global economy is changing the waywe work and the dangers which individ-uals face. These changes in the workinglife require an integrated approach thatcombines the fields of technology andtraditional medicine with the social, psy-chological, economic and legal aspects.Globalization today requires a holisticand creative approach that takes intoaccount the changing world of labourand the emergence of new risks.

The traditional relations between thegovernments and the social partners inindustry and services must be adaptedto this new environment, as well as therole and activities of labour inspector-ates. This Conference is aimed at allthe players involved in improving thegeneral working conditions, such as theprotection of health, safety and welfareat the workplace. It focuses on creatingsynergy among the stakeholders andfacilitating the exchange of informationand experiences on good practices inthese areas.

Integrated System of Labour Inspection

The ILO, with its tripartite constitution,develops Conventions and Recom-mendations for the implementation ofa comprehensive policy. In its ‘Decent

Work, Safe Work’, the ILO entrust newroles and responsibilities to the labourinspection. The idea is to preserve thehealth and safety of workers by improv-ing working conditions and ensuringdecent working relationship throughan integrated system of labour inspec-tion. Such a system includes differentareas of intervention, implementationactivities and counselling, as well asan operation based on the principle of‘One company – One inspector’, whichprovides stable relations between theinspector, the company and the workers.

Accordingly, labour inspections areforced to deal with issues such astechnical security, health at the work-place, the organization of work and themonitoring of compliance with otherlaws in the context of a more integratedapproach involving new skills andcompetencies. Innovative inspectionstrategies must also be developed andimplemented. Integrated systems ofinspection should be able to promote apolicy of prevention through a cultureof sharing expertise and expert advice,targeting efforts where the needs aregreatest.’

2. ILO — Global Perspective

Work kills more people than wars

Work kills more people than wars.Approximately 5,000 persons per day,or one every 15 seconds, die due to an

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illness or an accident at work. Almost270 million accidents are recorded eachyear, of which 350,000 are fatal. Theright to decent working conditions canbe seen as a fundamental human right.

Labour inspections are essential toolsfor the practical implementation of thisprinciple. They play a central role in theimplementation of the labour stand-ards and the Conventions of the ILO, aswell as the EU Directives. They are thepublic authorities in many areas, suchas safety and health, social dialogue,working hours and social insurance law,control mechanisms of the market, fightagainst illegal work, questions relatedto AIDS, child labour, etc.

It is crucial to strengthen labour inspec-tions, in order to ensure a high level ofprotection at the workplace. In manycountries, these inspections are cata-lysts for the process of reform withinthe governmental structures, and forthe social partners when a sustainabletripartite culture has been established.

The major changes and challengesahead must mobilize us. With a view tocreating an effective policy and appro-priate action plan to rebuild and radi-cally improve the networks of necessaryrelationships, the conferences, such asthe EU and ILO Conference held in Mon-dorf-les-Bains (Luxembourg) from 9 to11 March 2005, were critical milestonestoward meeting the fixed goal – namely,

the definition of an integrated of labourinspection system – in the context of anoverall reflection that anticipates thenational action.

According to the principle of subsidiaritywithin the meaning of Article 137 of theTreaty establishing the European Union(Article III-209 of the Treaty establishinga Constitution for Europe), the promo-tion of employment and improvementin living and working conditions hasenabled a dual approach combining theminimum requirements adopted at theEuropean level with national legislation(existing or new) respecting the particu-lar traditions. The social and territoriallegislation guarantees cohesion andsocial peace.

The effects of globalization involve achange in the role of labour inspection.Developing an integrated approach,based on the principle ‘One company– One inspector’, on the implementa-tion of management systems for safetyand health at the workplace and thepromotion of social dialogue requiresmore effective and efficient services,an optimum utilization of availableresources and the ability to meet futureneeds. The plan in 10 steps from theILO to strengthen labour inspection inthe world is a tool for ensuring socialprotection for all.

The ILO tripartite audit conducted inLuxembourg is an example of action at a

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national level which had a very broad in-ternational impact. The audit suggestedthe restructuring of labour inspectionof the Grand Duchy in order to make itmore competitive, efficient and effec-tive, and prepare for the new challengesof the 21st century.

3. The ILO and labour inspection

The labour inspection has appeared inEurope and perhaps in other regionsduring the early 19th century, initiallyfor the protection of ‘apprentices’ withinthe meaning of a legislation that wasenforced in a sometimes inappropri-ate manner by volunteers’ committees,which have subsequently been replacedby the first inspectors in 1833.

Since then, the means and scope ofactivities of labour inspectors were ofcourse greatly expanded, although sig-nificant differences still exist betweenMember States, depending on localcustom and practice.

When the ILO was created after the FirstWorld War, the obligation for MemberStates to draw up a labour inspectionsystem was included in its Constitu-tion. Instruments were then proposed tobuild on a voluntary basis the foundationof labour inspection as we know it today.

About 25 years later, the ConventionNo. 81 of the ILO (1947) was enacted, andthen ratified by more than 130 Member

States. This Convention is still valid andthe principles it contains are the basisfor this document. Other major Conven-tions have followed, such as the 1969Convention (No. 129) on Labour Inspec-tion (Agriculture), and the Conventionsrelating to child labour in 1973 (No. 138)and 1999 (No. 182). These texts have notchanged, but reinforced the central roleof the Convention No. 8110.

4. The labour inspection, a develop-ment vehicle

The fight for a fair globalization providesgovernments and the social partners anextraordinary opportunity to use theirknowledge base; it shows how dialoguecan lead to better outcomes for all andincrease the weight and influence oftripartism among national and interna-tional policy makers. From the man-ner in which governments, employers’organizations, trade unions and ILO willbuild the social dimension of globaliza-tion will depend on the relevance oftripartism of the early 21st century.

Making decent work a global objective

The role of labour inspectors in a‘globalized’ world should not be over-looked. They have a direct impact on theworkplace and can make decent work areality. The quest for a fair globalizationand decent work will dominate inter-national affairs over the next decade; itwill test the leaders of all walks of life. It

10 Source: Albracht, Treichel, Ellis: ‘Labour Inspection Principles Worldwide’, March 2005.

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requires strong impetus at the nationaland the global level. A more effectiveand better policy is needed at the local,the national and the regional level to im-prove the social and economic capacityand strengthen institutions for freedomof opinion, gender equality, participationand dialogue.

Fair globalization

Fair rules should be adopted in inter-national trade, investment, financeand movement of people that take intoaccount the differences in needs andresources. This implies to intensify thedialogue at all levels between the keyplayers to find ways of addressing themain problems and practicing solu-tions. A fair globalization also requiresa stronger commitment at the na-tional level for better management, anintegrated economic and social agendaand policy coherence between globalinstitutions. The national policy-makersshould, in this sense, use the availableresources within the labour inspectionand strengthen the capacity of the latter.

Poverty reduction

Labour inspection also plays an impor-tant role in poverty reduction, particu-larly in the area of health and safetyat the workplace. The goal is to have a

decent job with a long-term perspectivefor everyone.

This implies good working conditionswhich can decrease the number ofaccidents, preserve health, reduce ab-senteeism and thus improve morale andthus the performance of the company.The supervision, advice and implement-ing power of labour inspectors are es-sential in terms of job stability.

Extending the influence of the socialpartners/CSR11

In a holistic approach, the prevention ofoccupational diseases and accidents,the promotion of a long and healthy lifeat work and the investment in a cultureof prevention to allow companies tocompete in a ‘globalized’ world. Manymultinational companies already sharetheir experience with the workers andthe civil society. The involvement of thevarious key players is likely to boost thealready existing initiatives and to mo-tivate the world community to improvethe working conditions at all levels. Theinternational conference on the theme‘Culture of health and safety: Sustain-able Development through a responsi-ble corporate citizenship’ (Düsseldorf,Germany) showed that the health andsafety at the workplace has become acornerstone for the CSR.

11 CSR: Corporate Social Responsibility

Sources: Agence européenne pour la sécurité et la santé au travail: Responsabilité sociale collective et sécurité et santé au travail,Luxembourg 2004, ISBN 92-9191072-4

Report of the Conference: Culture de santé et de sécurité; Développement durable au travers d’une citoyenneté collectiveresponsable/CSR, 27-29 October 2003, Düsseldorf, Germany, published by the ILO.

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It is also necessary to strongly involvethe labour inspectors in the area of cor-porate social responsibility as a ‘miss-ing link’ in order to reach the smallestcompanies. In this sense, policy mak-ers and national labour inspectors canextend the legal requirements and applythe same collective standards through-out the country.

The response of the labourinspectorate to global issues

Labour inspectorates are able to dealwith global issues at the local level.They must, in order to succeed consist-ently apprehend a number of areas andpolitical issues including industrial rela-tions, performance of the inspection,technological developments, the vulner-able or marginalized people, HIV/AIDSin the workplace, as well as extendingthe scope of their involvement in allsectors: formal and informal, urban andrural, commercial and non-commercial,agriculture, forestry, fishery, transpor-tation, etc.

5. Influence of international labourstandards on development

The implementation of core labourstandards and its impact at the na-tional level can be improved through thedevelopment and reinforcement of themeans of labour inspection. They havea crucial role to play, since the inspec-tors are often the only public access and

having a direct impact on the workplace.They should be used to promote aware-ness of core labour standards. In com-parison with private control systems,which are often created for the limitedtime of a project, labour inspectionsystems represent a lasting solution,ensuring a long-term commitment. Theycan incorporate the principles of qualityand decent work in all its programs,activities and functions.

They already have useful informationon problematic workplaces, they canprovide technical information and adviceto employers and workers and, giventheir deep knowledge of the workplace,they are able to contribute to the designof a national policy on the prevention ofoccupational risks. With labour inspec-torates, the governments have a com-petent authority for the control of corelabour standards, in matters of healthand safety and many other aspects ofthe labour and employment market. It isessential to provide them with adequatemeans.

6. SafeWork and Labour Inspection

a) Vision of Labour Inspection

The objective of SafeWork is to pro-mote the eight core labour standards,the standards on safety and health atthe workplace and the program of theILO promoting decent work, in raisingawareness of the issues of prevention of

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occupational hazards, helping Govern-ments in the development of legislationand to initiate programs to better defendthe human right of workers to a safeworking environment and respectful oftheir health.

But the Labour Inspectorate also coversother areas. SafeWork’s contribution tothe development of inspection systems

therefore favours a broad collabora-tion with other departments of the ILO(including those involved in the field ofchild labour, working conditions, sectoractivities, standards, etc.) and with otherinternational players such as the Inter-national association of labour inspec-tion (IALI), the Senior labour inspectorscommittee (SLIC), the African RegionalCentres for Labour Administration for

Jukka TAKALA, ILO 2006

Productivity and safety and health at work

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French-speaking Africa and English-speaking Africa (CRADAT and ARLAC,respectively).

SafeWork12 is the focal point for all mat-ters relating to the Labour Inspectorateand the body responsible for formulat-ing policy in this area.

An appropriate inspection should beconsidered for strong funding, a suf-ficient number of labour inspectors anda well organized intervention strategy.The introduction of an integrated labourinspection system can make the bestuse of available resources. Under sucha system, the inspectors have indi-vidual information and skills to respondadequately and independently in theworkplace, thus avoiding many visits inthe same company by several inspec-tors.

To assist labour inspectorates, Safe-Work has developed a guide with thetitle ‘Ten Steps to strengthen the La-bour Inspectorate’. This document pro-vides policy makers and labour inspec-tors a clear overview of the practice ofprofession, it provides advice on how toorganize an inspection of work in termsof policy, training and intervention.

b) Ten steps to strengthen the LabourInspection

1. Creating a structure and an appro-priate organization: adapt national

labour policy, the policy of labourinspection and the human resourcespolicy, domestic policy, as well aspolicy implementation, so that theyare in accordance with the ILO labourstandards and the particular situationof each Member State.

2. Better use of resources: making surethat, in case of lack of resources, theproportion of inspectors correspondsexactly to the allocated budget.

3. Introduction of effective training todevelop a clear concept of trainingspecifically tailored to the country,which will lead to a ‘prevention’ ori-ented integration of specialized andgeneral inspectors.

4. An active role for labour inspectors.Create a triple role for the Inspector’swork: monitoring, counselling, andperformance, with a general missionfor information.

5. Integrated inspections: adjust the re-spective roles of general and special-ized inspections to reflect the principleof ‘One inspector for one company’.

6. Promotion of best inspection prac-tices: defining a program in termsof frequency of interventions andprevention strategies.

7. Tools for management and labourinspectors: centralize tools such as

12 www.ilo.org/safework

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The growing number of attacks in theworld as against labour inspectorsrequires a specific action. Both sidesof industry and governments deplorethis trend. The right to decent workingconditions can be regarded as a basichuman right. However, in France andBrazil, labour inspectors were mur-dered in carrying out their duties.

On 2 September 2004, Daniel Buffièreand Sylvie Trémouille, inspector andlabour inspector respectively, wereshot by gun by a French farmer in theDordogne, while they were preparing tomonitor the contracts of seasonal work-ers employed in the farm.

In Brazil, the use of physical violenceagainst labour inspectors is not unusual.Officials from the Ministry of Labourare moving in the country often accom-panied by armed agents of the federalpolice. It is believed that the assassina-tion in the form of execution of labourinspectors Nelson José da Silva, Erato-stenes de Almeida Gonsalves and JoãoBatista Soares Lage on 28 January 2004occurred when they raided a soybeansplantation where illegally occupiedworkers were exploited, to say the least.

Only a strong political support from gov-ernments will prevent such abuses fromoccurring in the world.

chemical data sheets, active re-search, as well as training on the jobfor important political issues and fornormal business matters.

8. Aspects related to the tasks: to stim-ulate – among other approaches –social dialogue, whose role is crucial.

9.Working in a network: Provide supportfor inspections in terms of knowledge,training, funding and expertise, with aconstant flow of information exchangeswith other organizations, such as theIALI or the CIS.

10. Various: make sure to curb corrup-tion and to resolve other currentdifficulties which impede on theground.

c) Rights and duties of labourinspectors13

Convention No. 81 stipulates therights and duties of inspectors, andstipulates that the status of the lattermust ensure stability in their jobs andmake them independent of changes ofgovernment and of improper externalinfluences (Art. 6). This agreementdoes not benefit exclusively workersand employers; it aims also at protect-ing labour inspectors in the exercise oftheir duties.

13 Source: Odile Lautard, Labour inspection as a player in development

– Ethics / Action of Labour Inspection, Presentation at the ‘WorkingOnSafety. Net Conference’, 31 August – 3 September 2004,Dresden, Germany

Jukka Takala, ‘L’inspection est mal vue par les gouvernements’, 16 September 2004, Libération

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The ILO supports the initiative of theFrench Ministry of employment andsolidarity to develop a practical guide onthe rights and duties of inspectors. Theminister has formed a multi-disciplinaryworking group in which the ILO is rep-resented.

The guide will become an importantdocument and should be consideredas a fundamental tool for a determinedimplementation of Convention No. 81.

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1. Globalization and Social Dimension

‘In an open world such as ours, workmust be a source of safety and fulfil-ment for the workers and their families,of prosperity and of progress for all; butthis goal involves integrating a strongsocial dimension to the economy. The ILOwas created to promote it. Its missionhas never been more necessary. Never,it has been so fair.’ — Gerard Larcher,French Minister of State for Employment,Labour and the Employability of YoungPeople — intervention at the 95th sessionof the International Labour Conference inGeneva of 5 June 2006.

The International Labour Organization(ILO) is a unique forum where governmentsand social partners of its 181 memberscan freely and openly exchange their expe-rience and compare their national policies.The ILO is the only global organizationwhose policies and programs are decidedby the representatives of employers andworkers, on an equal footing with those ofgovernments. Hence the major players inthe economy are also the major payers ofthe ILO.

To make progress in achieving its objec-tives, the ILO establishes internationallabour standards to guide national action.These standards are ratified by the Stateson a voluntary basis and their implementa-tion is monitored by a supervision systemthat is truly unique. The Organizationdevelops strategies and policies affecting

the world of labour, and the training, edu-cation, research and publication programs.On this basis, it implements a broad pro-gram of international technical coopera-tion: in all the regions of the world teamsof specialists provide technical support tothe governments and social partners inorder to achieve the goal of decent work.

Example: the International Programmeon the Elimination of Child Labour (IPEC):In addition to the prohibition of this work,the ILO provides appropriate educationopportunities to the children and access todecent work and adequate income to theirparents.

On Decent Work

Decent work sums up the aspirations ofpeople in work. It covers various elementsopportunities for productive work that isadequately remunerated, safety at workand social protection for families, betterprospects for personal development andsocial integration, freedom of individuals toexpress their worries, possibility to organ-ize and participate in decisions that affecttheir lives (social dialogue), equality ofopportunity and treatment for women andmen without discrimination.

Decent work is at the heart of global,national and local strategies that relateto social and economic progress. It playsa crucial role in efforts to combat povertyand participate in sustainable developmentbased on equity and inclusion.

IV. PORTFOLIO GLOBALIZATION

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To advance towards decent work, the ILOoperates at the global level, mobilizing themajor payers of the multilateral systemand the global economy around this goal.

At the national level, integrated pro-grams have been developed by the ILO atthe country level, which define prioritiesand targets within national developmentframeworks.

The ILO, working in partnership with otherstakeholders within and outside the UnitedNations system, contributes through itswide expertise and its main instrumentsof action to the development and theimplementation of these programs, to thestrengthening of the institutions respon-sible for their implementation and to theevaluation of the advance made in thisfield.

For this purpose, the ILO has created theDepartment of Policy Integration. A forumon decent work promotes the exchange ofviews on the best practices to implementthe agenda for decent work for staff mem-bers and groups of experts from the ILO 14.

The implementation of the program fordecent work revolves around 4 main lines:

> promoting and implementing the basicnorms and principles at work,

> increasing opportunities for women andmen to secure decent employment andadequate income,

> enhancing the coverage and socialprotection for all,

> strengthening tripartism and socialdialogue.

The activity of the Organization fordevelopment extends to the informaleconomy through the promotionof the organization of its players andthe improvement of working conditionsand productivity; it provides an importantcontribution to strategies that reducepoverty.

On the International Labour Conference

The Organization also seeks the inclusionof social objectives in the development ofthe world economy, particularly expressedin the ILO Declaration on FundamentalPrinciples and Rights of Workers, adoptedin 1998.

As part of monitoring procedures imposedby the Statements, the International Con-ference of Labour, often compared with aninternational parliament of work (annualmeeting in June of the Member Statesrepresented by a tripartite delegation —two government delegates, one employerdelegate and one worker delegate, withthe assistance of their advisers) examinesthe overall report covering fundamentalprinciples and rights.

The Declaration requires Member States,whether or not they have ratified the eight

14 Soon after each forum (last Tuesday in the month 4:00 p.m. to 5:30 p.m.), the integration website displays an abstract of the debate whichcan be viewed by realplayer.

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conventions, to uphold and promote theprinciples and rights, which are dividedinto four categories 15:

> the freedom of association and theeffective recognition of the right to col-lective bargaining,International Conventions ILO 87 and98

> the elimination of all forms of forced orcompulsory labour,International Conventions ILO 29 and105

> the effective abolition of child labour,International Conventions ILO 138 and182

> the elimination of discrimination inrespect of employment and occupation.International Conventions ILO 100 and111

The International Labour Conferencecrafts and adopts international labourstandards in the form of conventionsand recommendations covering top-ics related to the work, employment,social security, social policy and humanrights. The application of internationallabour standards is regularly reviewedby the supervisory bodies of the ILO, theCommittee of Experts on the Applicationof Conventions and Recommendations,and the Conference Committee on theApplication of Standards. Procedures re-lating to claims and complaints may be

initiated against Member States whichdo not respect the conventions they haveratified. Under a special procedure, theCommittee on Freedom of Labour Asso-ciation examines complaints relating toviolations of freedom of labour associa-tion, whether or not the Member Statehas ratified the ILO Conventions.

The submission of complaints reliesheavily on local trade union culture andsubmission facilities 16 and referral doesnot necessarily reflect the seriousnessof the actual situation in the field.

The Conference is also a forum wherelabour and social problems, whichare of concern to the whole world, arediscussed freely, sometimes passion-ately. Delegates explore social change inthe world, but the central theme is thereport presented each year by the ILODirector General:

> values to defend, promoting change:social justice without an economy thatglobalizes (1994),

> promote employment (1995),> prescriptive action by the ILO in times ofstandardization (1997),

> decent work (1999),> reduce decent work deficit: a globalchallenge (2001),

> fair globalization: creating opportunitiesfor all (2004).

15 Among 178 members, 123 have ratified the 8 conventions, i.e. 69% of the States and 45 have ratified at least 4 fundamental conventions,and remarkably the developing countries. The United States has only ratified 2, Canada 5 and Japan 6.Except Estonia and the Czech Republic for 1 convention (No. 138), all the EU Member States have ratified the 8 fundamental conven-tions.

16 Many submissions by South American trade unions, few submissions by Chinese trade unions.

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some concrete steps has been the subjectof reports based on a theme (about 80) andinitiatives of policy coherence within themultilateral system.

The strategic framework for the period2006-2009 focuses on the theme of ‘mak-ing decent work a global goal’ and makescross-disciplinary objectives that will guidethe ILO’s activities in promoting a fair glo-balization in 6 areas:

> National policies to deal with globaliza-tion.

> Decent Work in global production sys-tems.

> Dialogue and consistency of world poli-cies in terms of growth, investment andemployment.

> Introduction of a socioeconomic base inthe global economy.

>Migration of people.> Strengthening of the system of interna-tional labour standards.

The operational objectives of each ILOprogram will be linked to the worldwidegoal of decent work and its agenda, whichwill also be taken into account in develop-ing programs of each country (aid andcooperation from the ILO).

The World Commission on the SocialDimension of Globalization 17

The World Commission on the SocialDimension of Globalization published inFebruary 2004 its report entitled ‘A FairGlobalization: Creating Opportunities forAll’. It is a critical but positive message forchanging the current path of globalization.The members of the Commission weregiven a mandate to examine the globali-zation process as perceived by everyone,by holding extensive consultations withstakeholders and experts worldwide. Thedetailed analysis and recommendations inthe report provide a common platform foraction and basis of a dialogue between allthe stakeholders. A website 18 has been setup to facilitate the follow-up of this Com-mission’s report.

The vision put forward by the Commissionis to create a system of global govern-ance that is truly favourable to nationaldevelopment strategies. The needs andaspirations of ordinary people must beat the centre of the rules and policies toimprove the coherence between economicand social goals. This report was givenhuge promotional activities throughoutthe world. The practical implementation of

17 Interview of 1 and 9 February2007 with Assan Diop, managing director social protection ILO, Duncan Campbell, director integration in ILO.18 http://www.ilo.org/public/english/fairglobalization/index.htm of 21.02.07.

We cannot talk about the social issueswithout mentioning the institutional is-sues. Within the multilateral system, theILO is strengthening its partnership with

other international organizations. This isof course to avoid overlapping, but alsoto take advantage of synergies in relatedfields like with the UNESCO on the issues

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2. Globalization and Fundamental LabourStandards

‘The goal of the ILO today is to promoteopportunities for women and men to obtaindecent and productive work in conditions offreedom, equity, safety and dignity’ — JuanSomavia, ILO Director-General.

In the 1980’s during the Uruguay Round(1986-1993), the debate on the desirabil-

ity of a social clause in trade relations isemerging in the context of globalization oftrade and information, with the competi-tion between countries with very unequallabour markets.

Initially focused on the link between labourstandards and international trade 23 andthen on the impact of these standards onforeign direct investment 24, the debate hasshifted to the interest of the developing

of vocational training, the WHO on healthconditions at work, the FAO on rural em-ployment and cooperatives, the UNIDO onthe development of small businesses. TheILO participates in institutional programssuch as the fight against AIDS (UNAIDS),the achievement of the OMDs, the promo-tion of the rights of persons, the Networkfor Youth Employment.

Working with the WTO is limited currentlyon joint research as ‘trade and employ-ment’ 19. Although the debate on the ‘socialclause’ 20 in trade agreements appears tobe jeopardized in the WTO because thesituation is blocked from a geopolitical per-spective, we should not underestimate theunderground links that make social issuesadvance. Some interlocutors predict that

the social issues will be resolved throughthe integration of basic social standards intrade agreements before the resolution ofthe issues of environment protection. 21

The report of the World Commission on theSocial Dimension even suggests organ-izing dialogues, to formulate policies thatgo beyond the institutions of the multilat-eral system by including other players andstakeholders on such topics as corporatesocial responsibility 22, globalization andsocial welfare, migration, the developmentframework for foreign direct investment,capacity building in the field of informa-tion technology, regional integration andgender equality. The ILO is involved withNGOs and donors for the implementationof technical cooperation programs.

19 See corresponding sheet: Globalization and Employment.20 See corresponding sheet: Globalization and Fundamental Labour Standards.21 Interview of 29 January 2007 with Professor Javillier, Research Institute of the ILO – interview of 1 February 2007 with Mr Assan DIOP,managing director ‘Social Protection’ of the ILO.

22 See corresponding sheet: Globalization and CSR and results of the Managing Board meeting of March 2007.23 Baghwati J. ‘Trade Liberalization and Fair Trade Demand: Addressing the Environmental and Labour Standards Issues’ The WorldEconomy 18-1995.

24 Kucera D. 2002 ‘Normes fondamentales du travail et investissements étrangers directs’ Revue internationale du travail, Genève, vol. 141N 1-2, p. 33-75.

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countries to adopt the international labourstandards 25. Civil society is in the contextof globalization increasingly sensitive tothe production conditions in the variousregions of the world and to social dumping.

Right in 1996, the OECD published astudy on ‘Trade, employment and labourstandards: An examination of basic work-ers’ rights and international trade’, whichlaunches, in line with the Social Summitin Copenhagen (1995) the discussion atthe international level of the definition ofcore labour standards. This dynamic hasits consecration in the ILO Declaration of1998 on the fundamental principles andrights at work on four dimensions covering8 international labour conventions, justifiedby their supposedly universal characteris-tics that are part of the ‘human rights’:

> the freedom of association and theeffective recognition of the right to col-lective bargaining,

> the elimination of all forms of forced orcompulsory labour,

> the effective abolition of child labour,> the elimination of discrimination inrespect of employment and occupation.

The ILO believes that these standards,which represent the basic rights of work-ers, can be applied everywhere irrespectiveof the level of development of the country.

The conference in Singapore seemedto have put an end to the debate on thelink between trade and compliance withminimum labour standards 26. In Seattle,in 1999, the developing countries wereopposed to American proposals to create aworking group of trade and labour fearingthat labour standards be used as protec-tionist measures designed to increase thecost of unskilled labour and reduce thecomparative advantage of the emergingeconomies. In 2000, the OECD reportedon progress at the national, regional andinternational levels.

The summit in Doha (2001) reaffirms thestrict separation between trade issues un-der the WTO and the work under the ILO,but the question is still relevant at the in-ternational level to institutions such as theILO and the OECD which persevere, and onthe regional level because social clausesare included in many agreements.

For example, under the Generalized Sys-tem of Preferences (GSP) of the EuropeanUnion, the preferential treatment may bewithdrawn in whole or in part in the caseof slavery or forced labour. The GSP pro-vides for the granting of further prefer-ences to countries demonstrating respectfor core labour standards. At the nationallevel, several trade laws like the Ameri-can Trade Act require the compliance with

25 On the pernicious effects of the economic standards: N. Singh 2003 ‘The impact of international labour standards: a survey of economictheory’ in the book edited by Kaushik Basu, Henrik Horn, Lisa Roman and Judith Shapiro: International labour standards. London Black-well. On this issue, the Department ILO standards has undertaken a major research project on economic dynamics of international labourstandards which will be released during 2007.

26 The Compromise of Singapore from 1996 returns social issues at the ILO and does a mere cooperation between the Secretariats of theWTO and ILO. Any other closer collaboration would require the agreement of the members of both organizations since the failure of theintroduction of a social clause in trade negotiations.

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certain labour standards in order to opentheir market.

From now on, the World Bank and otherfinancial institutions take into account theenforcement of core labour standards aspart of their mission to combat povertyand promote social and economic devel-opment. The contribution of cooperationprograms for development and for theeradication of child labour exploitationis now more focused and more results-oriented. Thus, a revision of the OECDGuidelines to the attention of multinationalcompanies was conducted in 2000. 27

Researchers dealing with the issue indicatethat the countries that strengthen their corelabour standards can promote growth andeconomic efficiency by raising the skill level

of their workforce and by creating an environ-ment conducive to innovation and a higherproductivity. It turns out that the countriesthat develop democratic institutions includingthe recognition of core labour rights beforeliberalizing their trade make the transitionmore easily than countries without suchinstitutions. The governments of countrieswhere children work prefer to amend theirlegislation rather than run the risk of tradesanctions. However, with some doubts aboutthe effectiveness of the informal sector re-main, which is one that uses most children.

The experiences of Brazil and Mexico leadto the conclusion that the fight againstchild labour, the provision of financialassistance to families so that children canattend school is more likely to be effectivethan any measures of trade intervention.

The facts reveal that a significant gapremains between the ratification of ILOConventions and their practical applica-tion. Despite the fact that the United Stateshave ratified only two conventions out ofthe eight core conventions, we can assumethat social norms are enforced better therethan in Niger or Egypt, which have ratifiedeight conventions.

The integration of social norms in inter-national treaties is paradoxical. There arenone in the multilateral treaties managednow by the WTO, but there are many inmost regional or bilateral treaties. The

arguments denied in multilateral forumsare accepted in regional organizations.

This weakens the multilateral system andencourages regional and bilateral agree-ments that break with the clause of themost favoured nation.

The positive relationship between trade andlabour standards can justify that the ‘com-promise of Singapore’ is called into question.The recent paper on trade and employment 28

of the two international organizations WTOand ILO is a first step in the recognition ofthe link. The modalities for such considera-

27 See sheet Globalization and CSR.28 See sheet Globalization and Employment.

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tion could take the form of incentives thatgive greater openness to trade partners whorespect the basic standards.

The developing countries have not seizedthe advantages that they could get froma social clause. Nor have they opted forthe strategy of exchanging a social clauseagainst other provisions favourable tothem, such as the opening of the countriesin the North to exports of farm productsfrom the South.

None of the eight core Conventions men-tions wage standards and thus there isno worldwide minimum wage level. Theypose principles without imposing universalmodels. These agreements are prudent inso far as they do not include the safety andworking conditions even though some WTOagreements allow exceptions to protect the‘well-being’ of animal and plant species.For example, the agreement on sani-tary and phytosanitary measures admitsinternational standards such as the CodexAlimentarius, if it is necessary to protectthe life and health of humans and animals.In contrast, no text offers an equivalentreference to ILO Conventions in the field ofwork that protects workers.

In the present status of the texts, thedispute settlement procedure of the WTOcannot rely on the advice and expertiseof the ILO to take its decisions. But thejurisprudence of the Dispute SettlementBody (DSB) tends to look upon trade ina holistic manner consistent with thetreaties signed by the States to constituteother international organizations 29 andrecognizes a form of subsidiarity when anational standard is presumed to be WTOcompatible 30.

The surcharges could also be reassignedto funds dedicated to reducing the struc-tural causes of not respecting the corelabour standards such as the funding ofschool infrastructure and scholarships 31.

Why have the more countries that respecthuman rights a higher level of productiv-ity and competitiveness than those thatviolate these rights?

The minimum standards, beyond the sim-ple moral obligation, promote investmentbecause social stability, in turn, contrib-utes to the development of a democraticsystem, political and legal stability neededto investors.

29 Interview with Ms Marceau, office of Pascal Lamy dated 12 February 2007.30 Case-EU sardines (complaint Peru) report of the WTO Appellate Body: Articles 2.4 and 2.5 of the Agreement on Technical Barriers providethat where a Member ‘bases’ its national regulation on an existing international standard, the national regulation is presumed not to cre-ate technical barriers and thus be compatible with the Agreement on Technical Barriers.

31 International trade and labour standards of Jean Marc Siroën in the Millennium Round p. 97-110.

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3. Globalization and Employment

‘The multilateral trading system cancontribute to greater economic prosperitythroughout the world and promote betterresults for the employment’ — forewordby P. Lamy and J. Somavia, 19 February2007.

For the first time, on 19 February 2007, ajoint study on the links between trade andemployment is published by the WorldTrade Organization (WTO) and the Interna-tional Labour Organization (ILO), entitled‘Trade and Employment, challenges inpursuit of a policy’ 32. The study notes thatthe employment rate was steady in theworld, despite an average increase of 6%of international trade between 1995 and2005. Over the past two decades, therehas been no significant deterioration orimprovement in the labour market at theglobal level.

The strong growth of world GDP in 2006resulted in the stabilization of labourmarkets in the world, people at work weremore numerous than in 2005. At the sametime, the number of unemployed persons(195.2 million in total) was slightly higherbut little changed from the previous yearand amounted in 2006 to 6.3% 33. Thelabour market indicators of the developedeconomies and of the European Union con-firm the positive trend of recent years. Thenumber of unemployed and the unemploy-

ment rate fell, respectively, to 30.1 millionand 6.2% in 2006 against 32.9 million and6.8% in 2005. At the same time, employ-ment has increased by more than 5 millionand the employment ratio fell from 56.7%to 56.4%.

The experts noted that the service sectoraccounts for 70% of employment in indus-trialized countries, most of whose work isnot the subject of trade at the internationallevel. Unemployment rates are not higherin the most open economies. Only a frac-tion of the less skilled suffers unemploy-ment as a result of relocation.

The traditional model of the division oflabour is anachronistic and new factorsmust be taken into account, such as theimpact of direct investment, the nature ofthe trade, the consequences of technologi-cal change, the elasticity of demand forwork and the pace of opening borders.According to the report, education is akey factor. It determines ‘adaptability ofan economy to new technologies’ and atthe individual level, it alters ‘the ability tomanage change, an important aspect ina globalized world that requires people toadjust to new situations’.

The trade liberalization, favouring capital-intensive industries and the need forqualification at the expense of labour-intensive industries ‘could involve increas-ing inequality’ between the categories of

32 The report ‘Trade and Employment: A Challenge for research in politics materials’ can be downloaded on http://www.wto.org/english/news_e/news07_e/ilo_feb07_e.htm

33 Source ILO: Global Employment Trends, summary January 2007: ‘at work’ refers generally to all employed persons, the ILO says that theself-employed, employees, employers and non-paid family members are at work. The informal sector is not taken into account.

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jobs in rich countries; the opposite mayoccur in poor countries. Therefore, na-tional policies of wealth redistribution areadvocated to counter the short-term disad-vantages of globalization. But the successof these policies depends on the country’sinfrastructure, access to information,telecommunications and finance.

The social cost of globalization is thusrecognized with a tint of differences in thereport and the national authorities are ex-pected to provide social safety nets for thelosers. It has been established that tradecreates employment, but also destroys it.The net effects differ from one country to

another and are expected to be positive inthe long term. The study provides policy-makers a picture of the reality of what isknown and what is unknown of the conse-quences of market liberalization.

The international trade union confedera-tion (ITUC) welcomes the release of thisreport, which it considers a step towardsa comprehensive policy consistentbetween the two international organiza-tions; it is even more important that thediscussion of the social clause in inter-national trade was totally blocked at theWTO since the declaration of Singaporein 1996 34.

34 The Compromise of Singapore from 1996 returns social issues at the ILO and does a mere cooperation between the Secretariats of theWTO and ILO. Any other closer collaboration would require the agreement of the members of both organizations since the failure of theintroduction of a social clause in trade negotiations.

To improve the situation of the ‘losers’ ofglobalization irrespective of the countriesconcerned, we must provide safety netsthat are social safety nets and improve-ment of labour market institutions (unem-ployment insurance, micro finance, sup-port to start a business), the importanceof education throughout life to improve thequality of human capital and the adequacyof the workforce in the labour markets andto use the potential of women and youth.

It is also important to promote economicdiversification to make the economy lessdependent on oil and fossil energy. Poorpay is often associated with poor work-ing conditions, lack of social protectionand the lack of compensation detrimen-tal to the development of developing

countries. Encouraging the integrationof core labour standards, including thesocial dialogue with the social partners,is the key to a more decent and durablework.

Governments should develop opportuni-ties for decent work for all by providingeffective ‘re-employment’, advice, train-ing and financial incentives. Recipientsof these benefits must be invested in jobsearch and increase their employability.

Young workers in Europe are still2.4 times more likely to be unemployedthan the adults. It is a waste of potentialthat companies can no longer afford inthe long term such as low participationrates of women in the labour market.

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4. Globalization and Corporate SocialResponsibility (CSR)

‘Proper management must be accompa-nied by good conduct’ — A. Chauveau andJJ. Rosé ‘L’entreprise responsable’ éd.D’Organisation, Paris 2003.

The increasing internationalization ofcompanies with branches throughout theworld (and in countries who cared littleabout human rights), the use of outsourc-ing that is transforming the organizationof work, the logic of business networksand a policy of social dismantling enablesthe production of codes of good conduct,the most famous tool for formalizing eth-ics in business. The multinational com-pany decides to bring its own standardsfor regulating the organization of workas it sees fit. It is the advent of soft lawwhich is challenging the linkage with theState regulations of the countries of Latinlegal tradition.

CSR invites companies to considerthree viewpoints in developing theirdecision:

> The goals of the company (earningmoney),

> the social implications of their work(desires and interests of consumers,welfare of employees),

> the respect for the environment.

As such, globalization has a positive effecton the multinationals who are aware ofthe negative externalities of their businessand try to anticipate and correct them. Assuch, they develop competitive advantagesin the market. CSR can be seen as a partof sustainable development in the com-mercial sector.

The earliest codes of conduct date fromthe years 1930 35. In the decade 1970, twointernational organizations adopt prin-ciples for the benefit of multinationalcorporations: OECD publishes the ‘Guide-lines for Multinational Enterprises’ in 1976,followed by the ‘Tripartite DeclarationConcerning Multinational Enterprises andSocial Policy’ of the ILO in 1977. These two‘public’ codes of conduct, of a voluntarynature, incorporate issues of labour rela-tions and human rights.

The third wave is the 1990’s with the influ-ence of NGOs and multinational corpora-tions themselves who decide to have codesof conduct or ‘initiatives in the workplace’in the terminology of the workgroup on thesocial dimension of globalization of theILO. These tools vary depending on compa-nies and fall within the ethical approach ofcompanies concentrated in the Anglo-Saxoncountries, in Northern Europe and in Japan.

The confrontation with NGOs and theirmode of collective action 36, new societal

35 As the code of ethics adopted by the association of management consulting engineers cited by A. Sobzack in ‘Networks and corporatecodes of conduct: a new model for regulation of labour relations for European companies’, Social Law Library, Volume 38, LGDJ Paris2002. These codes governing the rules among members but also to the outside world, allowing them to regulate their own activitiesrather than seeing imposed a more stringent public regulation.

36 Such as Clean Clothes Compaign (http://www.cleanclothes.org).

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demands from the ‘client–citizen’ createnew risks of tampering capital image ofmultinational companies concerned abouttheir respectability.

The social and environmental rating by theethical rating agencies (such as ‘Vigéo’), so-cial and environmental reports prepared bythe firm itself, the agreements with NGOs,labels, compliance with the standards andregulatory documents on the model of thequality standard ISO 9000, as the SA 8000standard which is based on the core ILOstandards, are all tools of ethical formaliza-tion ethics, but they are not in the hierarchyof traditional sources of law.

Besides the unilateral decision to producea code of good conduct without real con-

sultation with the social partners, emergeinternational framework agreements(IFA) negotiated between a multinationalcompany and a global sector union federa-tion 37, which encourages the developmentof transnational collective bargaining. ‘It’sa form of possible new industrial relationsin the era of globalization.’ 38

Apart from the establishment of theEuropean Work Committee and the placeof workers in the European Company, wehave no international legal framework orlegal legitimacy recognizing the negotiat-ing partners. There is also the issue ofthe binding effect on the outcome of thenegotiations, in any case in labour law.

The international legal tools about CSRexist, but their application is based prima-rily on the ability of the States to decline,monitor and punish when they are notrespected at the international level. CSRmust not feed the illusion that we could doaway with rules of public order.

Some of these have a status of interna-tional treaties (Declaration of HumanRights, ILO Conventions), so with contrac-tual value and binding both for States and‘organs of society’ 39, including companiesthat are required to promote, respect andensure respect for human rights. It is in

37 About 50 IFAs, especially since 2000 and mainly in European companies, Analysis by A. Sobczack : Centre pour la responsabilité globaleAudencia à Nantes.Of 32 IFAs signed since 2000

> 78% mention the 8 international ILO conventions; the others refer globally to the ILO> 34% refer to the Universal Declaration of Human Rights> 33% refer to the Global Compact> 15% refer to the Guidelines of OECD

Other known rights:> 90% health and security> 87% wages> 63% training and development of the competences> 59% work time

Since 2004, emerging themes: 36% AIDS, 29% restructuring, environment: 56% of all the IFAs38 Interview of Dominique Michel ILO of 16 February 2007.39 Cf Preamble to the Declaration of Human Rights 1948.

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5. Globalization and Trade

‘The WTO is a laboratory to manage glo-balization’ — P. Lamy, 1 November 2006.

The main mission of the WTO is to openmarkets on goods, services and intel-lectual property by reducing tariff andnon-tariff barriers and to regulate worldtrade in the interests of all. To accom-plish this task, the members exchangeconsolidated trade concessions and ne-gotiate international agreements, whichare monitored and supervised – also bypeer reviews of the trade policies of thecountry and a Dispute Settlement Body(DSB). The WTO has also a mandate toensure consistency with other interna-tional organizations. Its functions areextended on five mainstays: administra-tion of trade agreements, framework fortrade negotiations, monitoring nationaltrade policies, settlement of commer-cial disputes, technical assistance andtraining for developing countries. Theinternational rule of law in trade is madeto avoid, as far as possible, the use ofunilateral trade measures of retaliatoryclashes leading to lengthy and costlyconfrontations.

The WTO is a forum for negotiation be-tween States and autonomous customsterritories making it a cooperation organi-zation that is like the classical internation-al conferences. But it also has a system ofdispute resolution (DSB), which creates ade facto law in the field of public interna-tional law. It was not until nearly 50 yearsand the Marrakech agreements that aninternational organization was establishedby a treaty and given a legal personality, asthe GATT, its predecessor, created in 1947was a tentative agreement in simplifiedform devoid of international extension. TheWTO carries an integrated legal system.The treaty contains 500 pages of text andmore than 2000 pages of schedules ofcommitments from 50 years of practiceand GATT Decisions 41. The WTO rules areregularly renegotiated.

The agreements under negotiation inthe WTO, since 2001 a part of the Dohaagenda, are integrated into a ‘single com-mitment’, which form a package that isconsistent and binding on all membersaccording to the adage ‘Nothing is agreeduntil everything is agreed’, this is also theconsensus rule; a single country can theo-retically stop any agreement that it does

this sense that the United Nations work onthe issue of ‘justiciability’ which means thedevelopment of legal tools that can bring acompany before the courts, to judge it forits acts, to prevent it from interfering or toseek compensation 40.

At the same time, the ILO is now develop-ing a policy of active cooperation in thedirection of multinational companies onthe basis of their needs to help them bet-ter implement the tripartite declarationand core labour standards.

40 OHCHR and its Special Rapporteur John RUGGIE www.business-humanrights.org/updates/archive/SpecialRepPapers41 Called the GATT acquis.

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not agree with. The legal system of theWTO respects the equality of States andseparate customs territories (one mem-ber = one vote). Good faith, internationalcooperation and the obligation of peacefulsettlement of disputes are the cardinalrules.

In commercial matters, some less de-veloped countries have flexibilities, sothat the principle of trade liberalizationdoes not hinder their development andtheir industrial or economic policy is notundermined by placing too much opennesson their economies. They benefit from non-reciprocal arrangements as the specialand differential treatment.

The WTO may enter into appropriate ar-rangements for consultation and coopera-tion with NGOs and adopted guidelinesto that effect in 1996 allowing for greatertransparency. The NGOs observe and arenot WTO members. The NGOs are tak-ing on an increasing importance becauseof the procedure by means of an amicuscuriae.

In November 2001, the Fourth WTOMinisterial Conference adopted the DohaDevelopment Program 42. Its adoption is sofar the most ambitious attempt to placedevelopment issues at the heart of themultilateral trading system. The plan givespriority to the needs of developing coun-tries. Firm commitments have been madein terms of aid and assistance, confirmedat the Conference in 2002 on Financing

the Development held in Monterrey and inthe framework of the implementation planagreed at the World Summit on Sustain-able Development in Johannesburg. Thusthe Integrated Framework for TechnicalAssistance for the Least Developed Coun-tries as a viable model for LDCs’ TradeDevelopment is a joint initiative betweenthe IMF, ITC, UNDP, UNCTAD, the WorldBank and the WTO. This initiative and thefoundations of the Doha development wereconfirmed and clarified by the agreementof July 2004 and at the sixth WTO ministe-rial conference in Hong Kong in December2005.

At the birth of the WTO in 1995, the or-ganization was not sufficiently involved inthe communication, because there was nomanagement of the transition from GATT,totally unknown to the general public andtherefore protected from criticism, and theWTO more visible at a time when globaliza-tion came into commercial phase of ac-celeration. This period also correspondedto the rise of NGOs and the globalizationmovement. It was only after the failure inSeattle in 1999 that the WTO has developedmethods and strategies for informationdissemination, and it has embarked on apolicy of transparency toward NGOs. Oncea year, a public forum is organized andall non-governmental organizations canparticipate. Small NGOs in LDCs are evenfinanced by the WTO through the contribu-tions of some members such as Norwayand the European Union to come to theforum where they can meet with Member

42 The Doha Development Program: http://www.wto.org.

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States and UN agencies 43. At conferences,the NGOs are accredited as observers.

The WTO publishes many brochures toexplain how the organization works. Threeof them are emblematic:

> Ten misunderstandings about the WTO.> Ten benefits of the trading system of theWTO.

> Understanding the WTO.

The Director General, Mr Lamy saysthat trade must be put at the service ofdevelopment: ‘the time has come for a newGeneva consensus’ 44. Trade is useful tothe well-being of individuals, but it is neverenough: other national policies are neededfor the opening of markets to be effective.The Doha Development Round should cor-rect the imbalances that persist in traderules to give real opportunities for marketaccess to developing countries.

43 Interview with Mr Willi Alfaro, director of external relations of the WTO 2.2.2007. The ILO has not shown any interest in participating. Onrelations WHO-ILO see files on core labour standards and trade and employment.

44 Conference of Mr Lamy at the University of New York on 30.10.2006 http://www.wto.org.

The WTO seeks consistency particularlywith financial institutions (IMF, WorldBank) and UNCTAD, with its currentmandate, in fact it recognizes the para-mount importance of the MillenniumGoals for Development as defined theheads of State and government in theframework of the United Nations.

The WTO denies that it is a non-dem-ocratic organization, because its deci-sions are made by consensus amongits 151 members. Theoretically, eachstate can veto a decision and break theconsensus.

Since Doha, a question is raised openlyin the WTO: ‘What is it to open up mar-kets to poor countries when they can notafford to export and reap the benefitsarising from trade talks?’ The WTO istherefore beyond the strict trade nego-tiations to better manage the challengesof the impact of globalization in develop-

ing countries. It was at the WTO that theconcept of aid for trade was born, a newparadigm of official development assist-ance.

The Statement of Singapore had settledthe separation of social issues (ILO) andtrade issues (WTO), but the two agencychiefs, Pascal Lamy (WTO), and JuanSomavia (ILO) have exchanged views,aware of the interdependence of thesubjects. Various interlocutors thoughtthat the social question in trade rela-tions would be answered faster than theenvironmental issue, yet equally press-ing and mediated. However, if the WTOtakes marginally care of the adjustmentbetween rich and poor countries, it doesin no way internal social adjustmentwhich each Member State faces. TheWTO is not intended to condemn thosecountries that are waging a commercialexpansion at the expense of their ownsocial cohesion.

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The World Trade Organization WTO

The objective of the World Trade Organiza-tion (WTO) is to improve the welfare of thepeople of member countries (151 govern-ments).

At the heart of the system – known as themultilateral trading system – are the WTOAgreements, negotiated and signed bymost of the trading powers in the worldand ratified by their parliaments. TheseAgreements provide the basic legal rulesof international trade. They are essentiallycontracts guaranteeing the Member Statesimportant trade rights. They force also thegovernments to keep their trade policieswithin agreed limits, in the interest of all.Although negotiated and signed by govern-ments, the Agreements are intended tohelp producers of goods and services,exporters and importers to conduct theirbusiness.

The result is a guarantee for consumersand producers. They know that they canbenefit from a safe supply and a largerchoice of finished products, components,raw materials and services. Producers

and exporters know that their foreignmarkets remain open. The result is also amore prosperous, more peaceful and moreresponsible world economy. In the WTO,decisions are made mostly by consensusamong all Member States before beingratified by national parliaments. As forcommercial disputes, they are subject tothe dispute settlement mechanism of theOrganisation, which focuses on the inter-pretation of agreements and commitmentsand on the compliance of the trade policiesof various countries with the latter. Therisk that disputes escalating into politi-cal or military conflicts is diminished. Byreducing barriers to trade, the WTO alsotackles other obstacles between peoplesand countries.

At the WTO Ministerial Conference in 1996in Singapore, a statement relating to corelabour standards has been signed whichstates:

‘We renew our commitment to observethe internationally recognized core labourstandards. The International Labour Or-ganization (ILO) is the competent body toset and deal with these standards, and we

45 Interview with Gabrielle Marceau, office of Mr Lamy WTO dated 12 February 2007. Case ‘gasoline new formula’, case ‘hormones’ case‘shrimps- turtles’, case ‘asbestos’ cited at the conference by Mr Lamy in Brussels on 15 September 2004, ‘Collective preferences and globalgovernance: what future for the global trading system?’ http://:trade-info.cec.eu.int/doclib/docs/2004/september/tradoc_118926.pdf .

The WTO is the only organization with asystem of binding dispute settlement.The jurisprudence of the DSB tries tointerpret the texts of the WTO particu-larly in light of the rules of sustainabledevelopment and the terms of other

treaties signed by the Member States;in this, according to the vision of MrLamy’s staff, the DSB contributes to theoverall coherence of commitment to theinclusion of trade in its global perspec-tive 45.

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affirm our support for its work in promot-ing them. We believe that economic growthand development fostered by increasedtrade and further liberalization of tradecontribute to the promotion of these stand-ards. We reject the use of labour standardsfor protectionist purposes, and agree thatthe comparative advantage of countries,particularly developing countries with lowwages, must in no way be put into ques-tion. In this regard, we note that the Secre-tariats of the WTO and ILO will continue towork as they do now.’

So that labour standards are regarded as acontroversial plan to the WTO.

Indeed, this issue should not be mentionedin the chapter of the WTO because the WTOhas not begun work on the subject and itwould be wrong to think that it will do sosoon. However, we have talked so muchthat some details are needed. The keyword in this area is ‘core labour standards’,which refers to the key standards govern-ing how workers are treated. It covers awide range of issues, ranging from childlabour and forced labour, the right to formtrade unions and to strike.

6. Globalization and Migration

‘Migration contributes to global economicgrowth. Provided to be properly managed,they can contribute to development, sta-bility of economies and societies around

the world’ — Extract of the 90th sessionof the council of 29 November – 2 De-cember 2005 — President of the IOM, MrMasood Khan (Pakistan).

‘We can take all administrative decisionspossible, we will solve the problem ofimmigration, East and South, only throughthe development of countries of origin.’ —Charles Pasqua, Minister of the Interior in– France, Le Monde of 2 June 1993.

The IOM (International Organization forMigration), an intergovernmental organi-zation founded in 1951, strongly believesthat organized migration, being in decentconditions, will benefit both migrants andsociety as a whole.

> 120 Member States and 89 observers,including 19 States and 70 internationalorganizations and global or regionalNGOs

> 280 representations>More than 5,300 staff working in morethan 1,400 projects

> 952 million US dollars of expenditure in2005 46

Historians reflect three phases of globali-zation migration 47:

> The first dates back to the greatdiscoveries of the ‘New World’ (16thand 17th centuries) with the colonialconquest.

46 http://www.iom.int47 On the historical relationship between globalization and migration, see Berthomière W. And Simon G. (2006): ‘La mondialisation migra-toire au cœur des territoires et des sociétés ’ in Carroué L., ed. La mondialisation, Paris, CNED-SEDES pp. 63-98.

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> The second migration globalization oc-curred in the 19th century in connectionwith the development of the capitalistsystem and technological advances par-ticularly in the field of transport. It is amass migration of 60 million Europeanswho migrated to the Americas between1820 and 1914.

>We live in the third phase underwayfor 20 years, the consequences of theinterdependence and the accelerationof economic exchange through newinformation and communication tech-nologies.

We count 190 million migrants in theworld, or 3% of the world’s population 48,divided into 115 million in developedcountries and 75 million in developingcountries.

Migrations take several forms: labour mi-gration, family migration, student migra-tion, refugees and asylum seekers withinthe scope of the Geneva Convention, illegalmigrants 49.

The economic migration of poor countriesto rich countries distorts the overall realityof migration: the emigration of misery con-cerns only a small part of total migrationas more qualified than unskilled peoplemigrate. Some sectors such as the healthsector are particularly affected by the brain

drain. But there is a return to the countriesof origin:

> skills and knowledge,> private transfers of expatriates to theircountry of origin.

Some countries are totally dependenton these transfers that reduce povertywithout compensating for the loss of suchdepartures and without creating new localactivities (e.g. the Philippines) 50.

The net flow of private capital to emerg-ing countries has reached in 2006, 501.8billion dollars according to the datareleased by the International Institute ofFinance, dated 18 January 2007. It sloweddown compared with the record level of509.3 billion dollars achieved in 2005. TheIIF predicted that it would fall in 2007 to470 billion 51.

In its report ‘World Economic Outlook2006’, the World Bank noted that thefunds of migrants from developingcountries amount each year to more thandouble the amount of development aid.Immigrants occupy at the same time jobsfor low- and high-skill labour marketsin the OECD 52. The overall impact of im-migration on the labour market is limitedand temporary as a result of migrationfacilities to come and go.

48 Report of the United Nations Secretary-General on ‘international migration and development’ in May 2006 p. 32 to the General Assembly.49 Illegal migrants are estimated at 12 million in the USA and 20 million in the World.50 Hearing of Laurent CIOBANICA of the IOM on 17.01.07.51 Tableau de bord – Pays émergents in le Monde of 20 January 200752 Jean Sébastien : ‘L’immigration et le marché du travail dans les pays de l’OCDE: impact et intégration », presentation during the work-shop of the analysis group of globalization of 12 December 2006 CEPII.

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‘More borders are open and fewer mi-grants settle, because they can come andgo. The more these borders are closed, themore they settle for fear of not being ableto come back when they leave’ 53.

ACTIVITIES of the IOM

> Technical cooperation and labourmigration– Training of national experts, coopera-tion on structures,– Information and training program,– Protection of migrants’ rights.

>Aid to governments and reply to theirrequests: the IOM offers assistance togovernments on migration managementpolicy to move people– Aid assisted voluntary return,– Stabilize populations,– Forum for Governments.

>Relationship with diasporas as a majorfactor in development

> International Dialogue on Migration: theIOM is an active participant in dialogueson migration within the United Nationssystem, although the IOM has observerstatus because it is not member of theUN system. Example: High-level Dialogueon International Migration and Develop-ment (September 2006).

The international political discourse hasevolved. The 2006 UN report 54 emphasizes

the beneficial effects of migration forcountries of origin (transfer of knowledgeand technology, lower unemployment) andcountries of destination (demographic, in-creased consumption, cultural production,creation of activities and companies).

By integrating migrants properly by theanti-discrimination and equal treatmentrules, the host country will win. We notethat in 2003 the Convention on the Protec-tion of the Rights of All Migrant Workersand Members of Their Families enteredinto force and that 34 countries have rati-fied it so far.

53 C. Wihtol de Wenden ‘Un monde en migration’ Les Echos du 16.01.07.54 Report of the UN Secretary General on ‘international migration and development’ May 2006 at the UN General Assembly.

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55 Global Commission on International Migration UN. (http://www.gcim.org/en/). Maurice Schiff and Cagalr Özden ‘Study on Migration andDevelopment World Bank‘ they publish the first significative databank significant on brain drains. There are more doctors from Malawi inManchester (UK) than in all of Malawi.

There is an urgent need to think migrationas a result of globalization and an aspectof the problem of multilateral regulation.It would be desirable to devote to develop-ment assistance to develop a multilateralor bilateral system of orderly manage-ment of migration allowing migrants tobe interested in the development of theircountries and to optimize their possiblereturn.

It would also be useful to establish amap of diasporas and explore barriers torecent contributions to the developmentof countries of origin that goes beyondfamily and community logic. It is also thequestion of institutionalization of personalinitiatives that would allow them to earna legitimate recognition within a forumthat should be created: the forum of thediasporas for development.

The recognition of diplomas and quali-fications of foreigners, better linkagesbetween the foreign student status to that

of professional, the development of mobil-ity programs ‘here’ and ‘there’, the fightagainst ‘voluntary or suffered’ deskillingarising from the need to work at all costsare subjects to be included in the policy ofhuman resource management accordingto a ‘win-win’ logic for countries of originand countries of destination.

The ‘North’, rich and aging, requires man-power, poor countries are experiencinghigh population growth and their econo-mies do not provide enough jobs to itspeople. Africa teaches us a lot with regardto respect for the elderly and care in itstradition.

Without these migratory flows, Europe’spopulation would have fallen by more than4 million people between 1995 and 2000 55.In addition, the construction of a trulyglobal economy that brings about growthand jobs can not abandon the culturalcontribution that represents executives oremployees from other countries.

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7. Globalization and Intellectual Property

Intellectual property means the creationsof the mind: inventions, literary and artisticworks, but also the symbols, names, im-ages, designs and models used in busi-ness.

Intellectual property comes in two aspects:industrial property on the one hand, whichincludes inventions (patents), trademarks,industrial designs and geographicalindications, and copyright on the otherhand, which includes literary and artisticworks such as novels, poems and plays,movies, musical works, works of art suchas drawings, paintings, photographs andsculptures, as well as architectural crea-tions. The rights of copyright are the rightspossessed by performing artists in theirperformances, producers of sound record-ings in their recordings, and broadcasterson their radio and television programs.

The history of the modern industrialproperty began in the late 18th centurywith the promulgation of the first nationallaws on patents in the United States andFrance. Even now, the basic frameworkof the legislation remains the nationalframework. Undoubtedly, within theconfines of law, economics, and culture,industrial and intellectual property is aprivileged field observation for the dif-ficulties and the nobility of internationaldialogue. The process of globalization ofindustrial property distinguishes itself inseveral phases.

> All current international treaty systemis built on the Unionist law developed bycontinental Europe, more than a centuryago. The Conventions of the Paris Union(1883) and the Berne Union (1886), firstof all, regulate internationally the takingof independent national titles.

> Beginning in the 1970’s, the countriesin the South began to organize to directinternational technical exchanges intheir favour. Their initiatives encoun-tered little success, but the periodsaw the creation of theWIPO (WorldIntellectual Property Organization), thefourteenth specialized agency of theUnited Nations created to manage theUnionist law, and to host the North-South debate.

> The same period saw the assumption bythe countries of Western Europe fromthe start of construction of a regionalsystem of the protection of industrialproperty. The effort is largely unfin-ished, but has inspired other regionalinitiatives, such as the Eurasian patent(Republics of the former USSR), andthe similar project being developed inSoutheast Asia.

> The current phase was inauguratedby the Marrakesh Agreements of 1994(establishing the WTO), and includesan ambitious component on Intellec-tual Property (the ‘TRIPs’). It reflects aresumption in hand with internationalrules by the industrialized countrieswith an offensive view to liberalismaimed at the harmonization of protec-tion and the establishment of effec-

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tive measures to combat counterfeitcopies on a global scale 56. It is currentlyestimated that piracy and counterfeitingrepresent 5 to 7% of world trade 57.

The World Intellectual Property Organi-zation (WIPO) has the task of preparingan international balanced and acces-sible system of IP that rewards creativity,stimulates innovation and contributes toeconomic development while preservingthe general interest. The strategic objec-tives outlined in the program and budgetfor 2006-2007 are:

> Promote a culture of intellectual prop-erty,

> Integrate intellectual property in the de-velopment policies and programs (seeAgenda for Development),

> Develop legislation and internationalstandards relating to IP,

> Provide quality services with regard tothe global systems of IP protection.

WIPO organized the Third World Congresson the fight against counterfeiting and pi-racy on 30 and 31 January 2007 in Geneva.

It provides several symposia on certainmatters related to patents between Octo-ber 2006 and September 2007 in Geneva,open to the public free of charge:

> ‘The exception for research’, Wednes-day, 11 October 2006;

> ‘Technical standards and patents’,Wednesday, 29 November 2006;

> ‘Flexibilities in the patent system’, Fri-day, 16 February 2007;

> ‘Information in the field of technologyand policies available in the patent sys-tem’, Wednesday, 14 March 2007;

> ‘National strategies and policies to sup-port innovation’, Monday, 18 June 2007;

> ‘Patents and technology transfer’, Fri-day, 14 September 2007.

Since 2001, WIPO and its Member Stateshave celebrated every 26 April, the WorldDay of intellectual property. Their goal wasto raise awareness about the importanceof intellectual property in our daily livesand a tribute to the innovators and artistsfor their contribution to the development ofsocieties across the globe.

56 Subject to the agenda of the next G8 meeting chaired by Germany.57 Cahiers de l’AFCI March 2006 + Green Paper of the European Commission: the fight against counterfeiting in the Internal Market 15/10/98COM (98) 569 final + doc. OECD ref. TC: WP (86) 34.

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The intellectual property law is an in-strument for the regulation of globaliza-tion, where two legal systems, commonlaw and Roman-Germanic law confrontand raise major issues:

> the pragmatic approach of Anglo-Saxon law makes it more adaptableto the economic and technologicalneeds than the Roman-Germanic civillaw tradition gives primacy to the rulestandards,

> there is competition between the twosystems, which is sometimes deter-mined by the market and sometimesby the sovereign authorities.

The result is an escalation in which theUnited States and Europe are seekingto be the first individual to legislate on anew subject (the protection of databasesvia a sui generis right e.g.) to try to fixthe international standard for protection:

> The European commitment to regu-late social life in a more protectiveway is at the root of the legal andeconomic battle around the cybermarket.

> Currently it is the big companies thattake the best advantage of the inter-nationalization of IP over SMEs.

> Northern countries are seeking todevelop their increasingly immate-rial economy including informationand entertainment. The marginalcosts of copies are increasingly smallcompared to design investments. In

response, the countries in the Southtry to be heard by calling a tool forprotection of ethnic knowledge, fromtime immemorial (traditional plants,genetic resources, the arts and folkmusic).

> Emerging countries are trying toquestion the whole system of IP pro-tection in the name of developmentincluding the blocking of the harmo-nization of patent law.

> The link is to be done with the delib-erations by the Council of Trips whereemerging countries are opposed tothe opening of the debate on the im-plementation of IP laws.

> Questioning of the linguistic diversityin the name of lower translation costsfor patents for the use of English(English only) raises the philosophicalquestion of the abolition of a wealthnamely linguistic diversity of theEuropean or Asian continent whoseconsequence would be an economicloss.

> The right of the IP tends to increaseits scope of protection as a result oftechnological change and the expan-sion of economic activities. But ethicsopposed to the patenting of life andcontrol of private companies on theancestral knowledge (including phar-macological knowledge) and on opencommunication networks such as theInternet (free software).

> The international game is character-ized by a strong lobby of large compa-nies offset by multiple actors who are

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8. Globalization and Development

‘The development for all is at the heartof the UN mission’ — Ban Ki-Moon,Secretary-General of the UN, speech of17 January 2007.

‘It is no exaggeration to say that Cambo-dia were now not a member of the WTOif it had benefited from timely assist-ance and expertise of UNCTAD’ — ChamPrasidh, Minister of Trade of Cambodia— letter of 10.10.2005.

Created in 1964 as a permanent inter-governmental body, the UNCTAD 59 is theprincipal organ of the United NationsGeneral Assembly in the field of tradeand development. Its aim is to assistdeveloping countries to make the bestpossible use of the opportunities of trade,investment and development availableto them and integrate fairly in the globaleconomy. It helps countries dependent on

commodities to reduce their dependencethrough product diversification and riskmanagement.

A new geography of trade is emerging,40% of developing country exports areto other developing countries, includ-ing China. This trade is growing at arate of 11% per annum, twice as fast astotal world exports. The same goes forinvestment. The share of Least DevelopedCountries (LDCs) remains less than 1%.Currently the number of workers living inextreme poverty (less than $1 per day) isestimated at 507 million in 2006 60.

On 8 September 2000, the States havepledged in the Millennium Declaration toform a global partnership to reduce pov-erty, improve health and education andpromote peace, human rights, genderequality and a sustainable environment.The rich countries, just as the poor ones,have pledged to achieve the Millennium

the southern States, the ethical ideal-ism, cultural nationalism, confronta-tion and legal paradigms and the ideaof submitting the mercantilism toother values.

> Although the IP sector is ‘specializedand technical’, for diplomats it mustbe addressed at the highest level ofthe State. Only one State in the worldhas the political means to dedicate

the 21st century to the IntellectualProperty: it is Japan 58. But Francehas great interest in IP:– the luxury industry,– the pharmaceutical industry,– the creative arts (film, music, pub-lishing).

To exploit those rights, we need a realpolicy of intellectual property.

58 Interview of 15 February 2007 with Francis GURRY, WIPO Deputy Director General, website: http://www.wipo.int/59 http://www.unctad.org60 Indicators of poverty at the workplace: Global trends in Employment, extract January 2007 source ILO.

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Development Goals (MDGs) by 2015 61

ranging from halving extreme poverty toprimary education for all through haltingthe spread of HIV/AIDS.

The UNCTAD plays a leading role in theinterdependence of the developmentprocess by highlighting the necessaryinteraction between trade, investmentand technology to achieve the MDGs, ana-lyzing economic trends and the develop-ment of recommendations, mainly in thedirection of developing countries.

Through its program on Globalization andDevelopment Strategies, the UNCTADcontributes to the international debate onglobalization and the management of itsconsequences for developing countries.The program encourages the adoption ofnational, regional and international levelsconducive to stable economic growth andsustainable development. The UNCTADperiodically reviews the trends andoutlook for the world economy, under-takes studies on the requirements forimplementing good development strate-gies and the debt problems of developingcountries.

It provides technical assistance to devel-oping countries as part of their effortsto integrate the international financialsystem and the management of theirexternal debt. Technical cooperationprojects ranging from the promotion oftrade in products derived from biodiversi-

ty to provide advice on competition policy,the development of human resources andtrade facilitation.

It is exploring ways to take advantageof the growth in South-South trade andworld trade to promote national devel-opment, investment in infrastructure,education and capacity building. Particu-lar attention is paid to the development ofAfrican countries and the New Partner-ship for Africa’s Development (NEPAD).

The UNCTAD, in 2006, warned that ifsteps to reduce trade imbalances at theinternational level are not taken, financialcrises may occur. It believes that devel-oping countries should be given greaterautonomy in the form of political leewayin defining priorities for their economicdevelopment. It seeks to facilitate tradethrough better use of support servicesthrough information technology: it ana-lyzes for developing countries the meansto take advantage of e-commerce and e-business practices and provides trainingcourses in these areas.

All activities of the UNCTAD take into ac-count the issues of sustainable devel-opment, empowerment of women andeconomic cooperation among developingcountries. It provides a comprehensiveset of statistics useful for the analysis oftrade and development in the world andprovides basic indicators of development.The leading analytical tool, the Human

61 http://www.un.org/english/milleniumgoals/ doc. A/RES/55/2 Resolution adopted by the General Assembly of the United Nationson 8 September 2000 (i.e. 191 States) 55th session.

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Development Index, gives a better under-standing of the link between the progressof trade and human development.

The UNCTAD, voice of the countries ofthe South, tries to get a better mediavisibility and enhance the access to itsinformation. 197 NGOs and civil society

organizations have observer status tothe UNCTAD. Some 500 NGOs, tradeunions, parliamentarians, academicsand private sector entities are regularlyinformed of the publications and activi-ties of the UNCTAD in the newsletterpublished for the benefit of civil societyorganizations.

9. Globalization and Health

‘The enjoyment of the highest attainablestandard of health is one of the funda-mental rights of every human being,without distinction of race, religion,political belief, economic or social con-dition’ Constitution of the WHO

Whatever the difficulty to grasp healthas a global public good, there is aninternational practice of public health.Epidemics, which know no borders, areat the root of an international mobiliza-tion to stop the scourges. Between 1815and 1912 were held twelve internationalsanitary conferences that led to Conven-

tions that became international law. Theupdating and monitoring the imple-mentation of this legislation has beenassigned to the International Office ofPublic Health Paris, and then from 1946,the World Health Organization (WHO),grouping today 192 Member States.

The control of epidemics has thus re-sulted in the development of a coercivesystem (movement control includingpilgrims and quarantine), which was im-posed by the European powers to nationsemerging from the South. This inequalityand health policy between the North andSouth has not disappeared today. 25 ofthe 34 million people infected with HIV/

The Millennium Development Goals arethe expression of a global minimum plat-form. With globalization and integratedmarkets, they imply that every citizen isgiven at least: access to water, health,and primary education. The minimumthreshold was approved in a declara-tion of Heads of State without taking intoaccount the economic capacity of thecountry to attain it.

Official development assistance was con-sidered as ‘provisional’ since it was boundto disappear once the pace of sustain-able growth achieved in the countries wasreached. If we are in a world governed solelyby the market system, it is necessary to pro-vide social safety nets overall. Developmentassistance would then become the socialpolicy of globalization. This issue is to bedecided by the international community.

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AIDS in the world live in Africa 62. Despitean overall improvement in health indica-tors, disparities continue to widen be-tween industrialized countries, but alsowithin them, and developing countries.

The WHO has a normative; it is involvedin operations research, training andinformation for operational cooperationwith governments. It has a technical ap-proach essentially oriented towards thediseases themselves, and is dominatedby health professionals. The UNICEF,whose actions for the health of childrenis important, are the 2nd United Na-tions specialized agency in the field ofhealth. The vertical programs (combat-ing specific diseases) have long beenthe preferred mode of action of WHO,successfully (eradication of smallpox) orwith failure (malaria). In the 70’s, therehas been a change in strategy by thedefence to an expanded vision of health,which is closely linked to development;this strategy goes by the approach interms of primary health care. Thus theorganization becomes more political.

Meanwhile, there is increasing aware-ness of health issues on the one hand byad hoc institutions provided for securityand altruistic reasons (example: ‘Billand Melinda Gates Foundation Award forGlobal Health’) and on the other handfinancial institutions including the WorldBank 63. The World Bank recognizes thathealth is not to be left solely to market

forces and needs to maintain publicregulations.

The World Bank offers its expertise andbusiness models for cost containmentaimed at ensuring a minimum carefor people excluded from the boomingliberal sector, which means reducinginequality in health. (Reduce the dis-ease at its source to prevent its spread).The World Bank tries reforms of healthsystems. It should be noted that theWorld Bank is composed of economists(non-medical experts), closely linked toWestern interests, especially Americaninterests.

The WHO has a functioning democracyeven if the Western countries hold themain financial weight. The World Assem-bly of Health is a forum where all theHealth Ministers of the Member Statesspeak and where a number of sharedstandards is created.

62 Daniel Cohen, ‘La mondialisation et ses ennemis’, Hachette littératures coll. Pluriel 2005.63 Report 1993 of the World Bank: Investing in Health.

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The evolution of some major determinantsof health such as demographic changesare relatively predictable, but for manyothers, it is unpredictable, such as naturaldisasters linked to climate phenomena(e.g. tsunami), earthquakes, epidemics ofinfectious diseases testifying to the pre-carious health system.

Health is a fundamental aspect of humansafety and participates in the debate ondevelopment priorities. Life expectancyhas increased greatly in recent 20 yearsthanks to the spectacular advances ofscience, however, health inequalities aregrowing.

There has been a deterioration in parts ofthe world due to outbreaks of infectiousdiseases such as HIV/AIDS, the collapse ofhealth services and deteriorating economicand social conditions.

To influence the determinants of health,we need a global framework within whicha strategy to promote health through 7priority areas:

> invest in health to reduce poverty,> enhance the individual and global sani-tary safety,

> promote universal coverage, genderequality, human rights relating tohealth,

> influence the determinants of health,> strengthen health systems and makeaccess more equitable,

> use knowledge, science and technology,

> strengthen governance, leadership andaccountability.

The only economic approach is not ad-equate to address the health field of whichcomplexity within a context of inequality isknown; implementing reform raises objec-tions that are decidedly political.

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TEN-YEAR PLAN OF ACTION 2006Immediate

2010Mid-point

2015Decade

Countryleadership

Management Cut waste, improveincentives

Use effectivemanagerialpractices

Sustain highperformingworkforce

Education Revitalize educationstrategies

Strengthenaccreditation andlicensing

Prepare workforcefor the future

Planning Design nationalworkforcestrategies

Overcome barriersto implementation

Evaluate andredesign strate-gies, based onrobust nationalcapacity

Globalsolidarity

Knowledgeand learning

Develop commontechnical frame-works

Assess perform-ances with compa-rable metrics

Share evidence-based goodpractices

Pool expertise Fund priorityresearch

Enabling policies Advocate ethicalrecruitment andmigrant workers’rights

Adhere to respon-sible recruitmentguidelines

Manage increasedmigratory flows ofequity and fairness

Pursue fiscal spaceexceptionality

Expand fiscalspace for health

Support fiscalsustainability

Crisis response Finance nationalplans for 25% ofcrisis countries

Expand financingto half of crisiscountries

Sustain financingof national plansfor all countries incrisis

Agree on bestdonor practices forhuman resourcesfor health

Adopt 50:50 invest-ment guideline forpriority pro-grammes

Source: Global Atlas of Health Workforce (http://www.who.int/globalatlas/default.asp).

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10. Globalization and Medicines

‘The sick are in the South and medicine inthe North’ — Bernard Kouchner.

‘Finally, the right of a country to safe-guard its citizens’ health depends in parton access to essential medicines and weneed to focus on improving access’ —Bernard Pecoul, Médecins Sans Fron-tières.

Globally, the World Health Organiza-tion (WHO) said one third of the popula-tion lacks access to essential medicinesdefined on the Model List of the Organiza-tion 64. The North-South disparities areglaring. The treatment of pneumoniacosts 2 to 3 hours’ wages in the North,one month’s salary in the South. A year’streatment of HIV/AIDS costs 4 to 6 monthsof salary paid in large part by the socialsecurity system in the North, 30 years ofincome in the South without coverage ifit were possible to acquire medicines forAIDS treatment.

The issue of drug prices largely determinesthe ability to heal. Access to health care isdependent upon the existence or not of ahealth system with facilities and person-nel 65, which is the responsibility of everycountry, its priorities and its resources.

The United Nations, the governments andthe pharmaceutical industry are workingtogether on the ground to improve accessto medicines for all, while maintaining theincomes of patents that finance researchand innovation 66. The WHO seeks uni-versal access to essential medicines inthe context of Goal 8 (MDGs) MillenniumDevelopment.

The HIV/AIDS (5 million infections peryear), tuberculosis (9 million cases peryear) and malaria (in Africa, a child dies ofmalaria every 30 seconds) are infectiousdiseases that are the biggest killer in theworld: 6 million deaths a year.

Thanks to the mobilization of NGOs, theissue of affordable treatment, especiallyAIDS through generics, has been put intothe public domain and in the WTO, whichmanages the TRIPS 67. The price differencebetween treatment with brand drug in therange of $12,000 per year per person to$130 per year per person with a genericraised such an outcry in civil society thatthe 39 pharmaceutical companies in-volved in a law case against the SouthAfrican Government about ‘the law ondrugs’ (which included provisions for thesubstitution of generic drugs prescribed,a rationalization of prices and a reformof the Medicines Control) withdrew their

64 As those who responded to the health care needs of the majority of the population, whose price should be affordable and who representthe best balance between quality, safety, efficiency and cost for a health risk: list of some 300 essential drugs the majority of which arenot protected by patents.

65 See sheet Globalization and Migration of Health Personnel.66 Cost of R&D in the pharmaceutical sector is particularly high so that the patent protection (20 years) is important for ensuring commer-cial benefits. Without protection, the cost of imitation is weak.

67 Agreement on Trade-Related Aspects of Intellectual Property (TRIPs).

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complaints in April 2001 before the HighCourt in Pretoria.

At the April session of 2001, the Com-mission on Human Rights of the UnitedNations adopted the Resolution (2001/33)calling on States to refrain from tak-ing action that would prevent or restrictaccess under conditions of equality,from pharmaceuticals used to combatpandemics such as HIV/AIDS. In May2001, the World Health Assembly adopteda Resolution WHA 54.11 entitled ‘drugstrategy of the WHO’.

In June 2001, the special session of theUnited Nations General Assembly on HIV/AIDS has also considered the role of theglobal trade policy in terms of availabilityof low-cost generic and capabilities ofdomestic manufacture.

The WTO has acknowledged that the drugis not a good like any other and took astatement on public health to the Ministe-rial Council in November 2001. It is nowaccepted that poor countries can importgenerics in a health emergency (compul-sory licensing, parallel imports, and rapidintroduction of generic). It is globalizationthat has enabled this debate. Since then,the WTO and WHO have strengthened theircollaboration.

The Heads of State of the G8 and thosegathered at the UN World Summit in 2005pledged to expand prevention, treatmentand care in developing countries in order

to achieve universal access to treatment ofHIV/AIDS by 2010.

In negotiations currently on the agenda ofthe WHO is the issue of a convention publichealth, innovation and research that triesto define alternatives to 20-year patentsthat protect medicines. Access to medicineand health is enshrined in constitutionsof some countries (South America). Lawcases have been disputed and countriesconvicted, hence the impact of case law forthe benefit of the sick.

Developing countries have also engagedin a battle for recognition of the list oftraditional knowledge, including medicinalpractices so as not to be a victim of ‘biopiracy’ by the multinational drug compa-nies who laid down unscrupulous patentreducing people’s access to local productsand making them inaccessible, because oftheir high price.

The actions of NGOs and internationaldonors increasingly tend to be better coor-dinated for more efficiency.

The safety of drugs is also a hot news be-cause if we do not ‘die to wear fake hand-bags or T-shirts, fake drugs can kill’ 68.It is easy to obtain medicine through theInternet or by criminal networks thattake advantage of the limited monitoringcompliance with the regulations in somecountries; this generates a lucrative newmarket. The WHO estimates the trade incounterfeit medicines in the range of 6

68 Interview German Velasquez WHO of 18 January 2007.

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to 10% of pharmaceutical products soldworldwide. The WHO, to cope with thelack of coordination and internationallegislation, took steps: setting up simpleand inexpensive authenticity markers,creation of a global detection system ofactivities related to the infringement onthe Internet.

Another global challenge to face is theemergence and spread of resistant mi-crobes to cheap and ‘first-line’ medicines,namely as antimicrobials and antibiotics.No country, it may be as effective in itsfight against the resistance in its territory,is safe from the import of resistant patho-gens through travel and trade. The ‘globalstrategy’ of the WHO recommends against

this phenomenon intervention of nationalauthorities to ensure that future genera-tions can still benefit from the antimicro-bial properties.

In 2004, the reflection on innovativefinancing for development launched byPresidents Chirac and Lula Da Silva ledto the proposal of a solidarity contributionon airline tickets to finance the purchaseof medicines to combat AIDS, malaria andtuberculosis in the South. The campaign 69

for the International Facility for the pur-chase of medicine (IFMA) worn by UNI-TAID was launched by the French ForeignMinister Mr Douste-Blazy on 7 June 2006.It is a first step towards a globalization ofsolidarity and choice.

69 This campaign based on a citizen’s process at the global level was based on a petition by SMS. Everyone could become a Unitaid citizenby sending his name and surname to 3 33 33 and was supported by FIFA through the exchange of balloons in the colours of Unitaid at thebeginning of each match of the World Cup.

Solutions have to be sought in lowerprices of medicines and the use of genericdrugs, by improving supply systems andthe reform of health systems and in theimplementation of the flexibilities arrangedby the WTO Agreement on TRIPS.

The whole must be accompanied by thecreation and/or improvement of socialprotection schemes and an effective drugregulation.

A study presented by the Commission‘Macroeconomics and Health’, chaired by

Jeffrey Sachs for WHO establishes that poorcountries pay for their medicines on average85% of the price paid in rich countries. Whynot make use pay an innovation at a rateproportionate to the income of each?

Regarding innovative financing for develop-ment, installing Unitaid at the heart of thecity, with the support of artists and ath-letes, in presenting it to millions of viewersat a global event like the World FootballCup, France wanted to raise awareness ofeveryone of the need for urgent action onthe issues of health gaps.

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11. Globalization and Health Personnel

‘Around the world, health systems arestruggling to train, pay and retain theirstaff’ — Lee Jong-wook GD WHO in 2006.

We are facing a global shortage in healthprofessionals and this issue affects bothdeveloped countries like the others.Globally, there were 59.8 million healthworkers (doctors, nurses, pharmacists,laboratory technicians, administrative staffand support). They could not cope with:

> high population growth,> continuous rise in life expectancy,> emergence of new diseases and thepersistence of major health challenges,

> multiplication of conflicts and naturaldisasters,

> growing demand for care.

In its World Report 2006 70, the WorldHealth Organization (WHO) estimatesthat 4.3 million new hires are needed tomeet the health needs by 2015, including1 million health professionals for Africaalone.

The situation of developing countries

57 countries are experiencing an acuteshortage of health professionals. In theAfrican region, where the disease burdenreaches 24% of the world total, health per-sonnel represents 3% of total world with aspending for health of less than 1% of theworld total. In comparison, the American

region, with a disease burden of 10% holds37% of the medical personnel and spends50% of the funds allocated to health in theworld.

Experts attribute the situation in the de-veloping countries to underinvestment insystems and health professionals, as a di-rect consequence of structural adjustmentpolicies, the collapse of economies andpolitical systems over the last 4 decadesand growing emigration of health profes-sionals in developing countries to the richcountries.

Each year, more than 20,000 healthprofessionals leave Africa (a doctor earns$25 per month). Some countries of theNorth practice a proactive policy of ‘exag-gerated’ recruiting in the countries of theSouth. This applies mainly to English-speaking countries (UK 33% of foreignphysicians, USA 27%, Canada 23%, NewZealand 34%, France 6%, Germany 6%,Portugal 4%). It is true that some devel-oping countries promote their expatri-ate health professionals for economicreasons (‘remittances’). Some middle-income countries, like the Philippines,seeking to capitalize on the demand forimported health workers are deliberatelytraining graduates for export.

The migrations themselves

We are witnessing the phenomenon ofsignificant migration from South to Northendangering fragile health systems of

70 Website of the WHO: http://www.who.int global report WHO 2006.

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developing countries. The migration of thispersonnel occurs in stages, poor areas tomore affluent cities within countries and tocountries with high incomes, or the publicsector to the private sector.

Health systems in a number of industri-alized countries, where the health careneeds are increasing because of an agingpopulation and an increase in chronicdiseases (diabetes, cardiovascular dis-ease), the lack of human resources andthe unfavourable aging pyramid, also validfor the aging health personnel, dependon ‘imported’ doctors and nurses whoare attracted by the incomes and workingconditions. On average a doctor in four andone in twenty nurses trained in Africa workin the OECD countries (29% of Ghanaiandoctors and 34% of nurses in Zimbabwework abroad).

The ‘negative’ effects of globalization onthis issue still harbour positive aspects:

> The accentuation of migration has aperverse effect, but we must not forgetthat the right to migrate is a fundamen-tal human right and freedom of move-ment is now easier.

> The sharing of experiences, mutualinputs, the harmonization of qualifica-tions, the cultural exchanges on theapproach to care and death are allenhancements.

The decentralized cooperation throughhospitals and training schools shows thereal help from the West, not to mention thehumanitarian aspect. In medicine intern-ship, the semester study abroad is encour-aged. As the shortage affects all countries,rich or poor, there is a real awarenessof policy makers of the need to invest inhealth, because without it, the economy isnot working, and that the solution lies ininternational mobilizing.

Only concerted action and large-scaleinternational institutions (WHO, IMF, WorldBank, IOM, ILO, EU, etc.) can afford to raisethe challenge lastingly. This is the meaningof the ten-year action plan 2006-20015 thatthe WHO has launched 71.

At the WHO, the issue of shortage of healthprofessionals has come to the fore. Itsresolution is a prerequisite for the imple-mentation of assistance and cooperationprograms 72. A guide to advocacy ‘worktogether for health’ was aired as part ofthe World Health 2006 day.

A global alliance for health personnel hasbeen created; it puts players in partnershipwith Governments, civil society, financialinstitutions, international agencies, aca-demic institutions, professional associa-tions and workers 73. Its aim is to identifyand implement solutions to address thehealth workforce crisis.

71 Ten-year action plan 2006-2015: excerpt from « travailler ensemble pour la santé » p.15.72 Interview with Mr Braichet Jean Marc of 15 February 2007 at the WHO.73 HWA secretariat suite 4166 WHO Geneva workforcealliance@who.int .

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12. Globalization and Cross-Border Move-ment of Hazardous Waste

‘Respecting the nature is preserving thefuture of man’ — Emil Cioran, writer andphilosopher (1911-1995)

400 million tons of hazardous waste areproduced annually in the world 74. Westerncountries have sent illegally in 2003 morethan 23,000 tonnes of electronic waste toChina, West Africa, Pakistan and India 75.The Basle Convention is an internationaltreaty signed on 22 March 1989 76 on theneed to protect human health and theenvironment from adverse effects on theexport and import of hazardous wastes.

Globalization has changed the face oftrade waste with a consequent globaliza-tion of trafficking in waste and hazard-

ous waste in particular 77. It amplifiesthe trade of materials requiring specialcare because of their characteristicsof dangerousness. At the same time,globalization creates opportunities fororganized crime eligible for the expansionof economic areas, particularly in termsof illegal traffic in hazardous wastes.

The globalization accelerates regionalsolutions in the exchange, recycling orrecovery of wastes and hazardous wastes;there is growing complexity and intricacyof waste streams for economic purposes.

The Basle Convention is the responseof the international community to thepractice of unscrupulous operators inthe trafficking of hazardous wastes thatoperated in the 80’s, it also representsthe interests of States possessing a legal

To curb these migration active policiesare to be carried out with the exportingcountries (protection of health work-ers who work in difficult and poorly paidjobs in the developing countries, train-ing in the practice of medicine in ruralareas, return policies for the emigrants),with the importing countries (reducedependence on foreign health workersby training more local, political bilateralNorth-South, put in place the policies

responsible for recruitment of industri-alized countries) and internationally byinternational agreements regulating jointinvestment in research and informationsystems, ‘ethical’ recruitment agree-ments and an international planningof health personnel for the humanitar-ian emergency. Donor countries shouldcommit to provide assistance to crisiscountries in their efforts to improve andsustain their health personnel.

74 This note is prepared after the interview with Pierre PORTAS, the secretariat of the Basle Convention dated 2.2.07.75 According to the British observatory Environment Agency.76 So far 166 States have signed.77 Case ‘Khian Sea’ from 1986-1988, the ship loaded ash from the incinerator in Philadelphia (USA). After dropping off fraudulently 4000 of15000 tons of cargo into a Haitian beach, it strayed at sea, turned back at every attempt to stop and rejected its cargo at sea. Case KoalaProbo to Abidjan-Côte d’Ivoire where toxic wastes (residues refining) deposited in the night of 19 to 20 August 2006 resulted in 6 deathsand 15,000 requests for care.

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instrument imposing international stand-ards for regulating a sensitive environ-mental area.

The guiding principles of this agreementare:

> cross-border movements of hazard-ous wastes should be reduced to aminimum,

> they must be managed in an environ-mentally sound manner,

> hazardous wastes should be treatedand stored as close as possible to theirsource of generation and the genera-tion should be minimized at source.

The Basle Convention is seen by someStates as an obstacle to world trade ingoods and pressures exist to limit itsscope.

Paradoxically, the effects of globalizationare forcing Parties to the Basle Conventionto expand their efforts to adjust its effectson human health and the environment. Thecase of electronic waste is exemplary 78.

In the United States alone, 250 millionPCs will be scrapped, 1 billion elsewherein the world. Nearly 400 million mobilephones with a shorter life span, will giveup the ghost in two years. Every inhabit-ant in France produces more than 16 kgof waste per year, and this quantity willdouble by 2010 79.

‘In New Delhi, cancers are twice as manyas in the rest of the country preciselybecause of the traffic of electronic waste’says Dr. B.B.Wadhwa 80. So that the ef-fects of globalization do not worsen thedeficiencies with regard to trade in wasteat the end of their life, such as electronicwaste, it is necessary to accompany theimplementation of the Basle Conventionthrough incentives to improve knowledgeand practices to export electronic wasteto be recycled. That means, operat-ing in an international framework thatpromotes transparency, traceabilityand predictability. A waste recovered orrecycled gets again an economic valueand helps the creation of new regionalmarkets. In addition, some waste can beused to make energy. A sound environ-mental management with high standardsenables to reduce greenhouse gases.

78 ‘Inde. Les ferrailleurs du high-tech’ in l’Express of 25 April 2005.79 According to the International Association of Electronics Recyclers (IAER).80 Study of the National Cancer Institute of Chittaranjan based in Calcutta.

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The establishment of the Basle Conven-tion requires integrated policies. Thatmeans policies that take into account thedesign, production, use, life span and dis-posal of products, objects or substances.This is to articulate management andwaste minimization in environmental,economic, social and development poli-cies. New markets (recycling, recovery)appear to be job creators and somenorthern European countries are alreadyinvesting there.

The Basle Convention is a legal instru-ment which has mechanisms to adaptto political, technological and scientifictrends. So it is an instrument in tune withthe needs of globalization, namely, open-ness, flexibility, efficiency and effective-ness.

The countries have anticipated clarify-ing waste categories controlled by theConvention so as not to be an obstacle tolegitimate trade in waste while providing

greater clarity about the wastes coveredby the said Convention. These samecountries have taken the lead in pro-posing ways to cope with the challengerepresented by the removal of equip-ment at the end of life. The internationalcommunity has so dynamic tools, withlow transaction costs (compared with theUnited Nations specialized agencies), anduniversal by their members. The BasleConvention is able to interact within arelatively short period to the adverse ef-fects of globalization. These are assets tobe used as part of a reflection on mitigat-ing the effects of globalization.

The weakening of a potential regulatoryof world trade may penalize economicallyvulnerable and fragile countries. Thispossible weakening should not be com-bined with the ‘programmed’ weakeningof international treaties on the environ-ment. Because all international archi-tecture would be weakened and lose itsrelevance and its raison d’être.

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13. Globalization and Meteorology

‘You, meteorologists, will be called uponto play, in human affairs, a role far moreimportant than the one you held until now’— Mr Strachey, British Minister — speechat the special conference of the directorsof National Meteorological Services inLondon in 1946.

‘Everything converges to show the es-sential part of man in a warming climate’— IPCC conference citizens of the earth,for a global environmental governance,2 and 3 February 2007 in Paris.

The WMO, World Meteorological Organi-zation (187 members) succeeded on 23March 1950 to the International Meteoro-logical Organization created in 1873. It isa United Nations specialized agency forweather, climate and water and relatedgeophysical sciences, it is an authority onthe state and behaviour of the Earth’s at-mosphere, its interaction with the oceans,the affected climate and the subsequentdistribution of water resources.

Activities of the WMO

Promoting the advancement of meteorol-ogy, hydrology and related geophysicalsciences and facilitate cooperation in theworld for the benefit of humanity in thefollowing areas:

1. Networks used in weather observations,hydrological and geophysical,

2. Standardization of comments and pub-lications,

3. Development of operational hydrology,4. Processing system and rapid exchangeof data,

5. Pursuant to socio-economic develop-ment (transport, issues related to water,agriculture, oceans, pollution control),environmental protection and the formu-lation of policies,

6. Disaster prevention and mitigation (tar-get = halving by 2019 the mortality fromnatural disasters related to weather,climate and water for the period1994-2003),

7. Research and Training.

In the years 70-80, the WMO has been con-cerned with issues concerning the environ-ment and the possible change in the globalclimate with the first world conference onclimate in 1979, the major initiatives onozone, climate with the establishment in1988 of the Group of Governmental Expertson Climate Change (IPCC). From 1990to today, WMO organized the 2nd worldconference on climate, the system has cre-ated the Global Climate Observing System(GCOS), has developed programs includingthe prevention of natural disasters and inthe field of outer space.

The organization is clearly a priority onthe protection of persons and property onland, sea and air, on the improvement ofthe quality of life and sustainable economicdevelopment, on the assessment andmanagement of water resources and en-

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vironmental protection. It has campaignedon the potential effects of climate changesuch as global warming, rising sea levelsand natural disasters, it has been instru-mental in the negotiations prior to theConvention of United Nations for ClimateChange signed in Rio (Earth Summit) in1992 and became international law in 1994.

The World Weather Watch, system for thecollection and analysis of environmentaland weather information which all nationscontribute daily to their common advantageis exemplary, laying the operational basesof a global system to monitor the chemi-cal composition of the atmosphere and itschanges (Global Observing System of Ozone,Study Program of the Tropical Ocean andGlobal Atmosphere, known as TOGA).

The data and derived products are madeavailable every day and exchanged free of

charge and without restriction betweenthe centres of the WMO and meteorologi-cal services in each country. The use ofNTCI guarantees speed and effectivenessof this exchange.

WMO published the following figures:the average temperature on the Earth’ssurface has increased by 0.42°C in 2006,placing this year to the 6th position of thehottest years ever recorded since 1861,when the first data were collected. Itnoted the acceleration of the melting ofArctic ice, which now loses an average of8.59% of their area by decade.

News of the WMO was the preparation ofthe Madrid conference (19 to 22 March2007) called ‘Security and the future ofhumanity: the socio-economic benefits ofmeteorological, climatological and hydro-logical services’.

Scientists give a strong warning on globalwarming (between 1.8° C and 4° C by2100) during the presentation of the IPCCreport to the conference on 2 and 3 Feb-ruary 2007 as had done already the Brit-ish economist Nicholas Stern in October2006 by proposing to tax CO2 on a globaland clear basis.

The case is essentially internationalbecause the carbon dioxide emissions donot stop at borders. There is an urgentneed to foster a low profile carbon society.

It discusses the behaviour of individualsand hence their consumption, compa-nies will seize opportunities to meet theexpectations on environment of their cus-tomers environment and in some areasemission must be reduced compulsorily,like in the European Union 81.

The Appeal of Paris signed by 46 States,mainly in Europe and Africa, recommendsthat international action could take theform of a ‘Universal Declaration of theEnvironmental Rights and Duties’, but es-

81 Establishment of a market in CO2: if a company does not meet its reduction target, it can buy emission certificates representing additionalefforts made by other manufacturers, or pay a flat fine of 40/tonne.

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A thousand and one ways to reduceCO2 emissions

> offset our emissions of greenhousegases by buying the right to pollutewith systems units compensation:Example: the website http://www.climatmundi.fr/lng_EN_srub_3-Home.html pushes its commercialoffer to propose a package ‘just mar-ried’ offsetting an evening with 150guests and the honeymoon (aircraft+ excursions included), i.e. 9 tons ofCO2 rejection, estimated at 180. Themoney collected is used to financeprojects such as the installation ofsolar panels in Brazil or replantingforests in the Amazon.Example: The tour operator ‘Voyageurdu monde’ has signed an agreementwith CO2 solidarity and offers system-atic its customers to offset their airtravel.

> ‘generate the desire for sustain-ability’ (expression of the psycho-

sociologist Danièle Rapoport), whichis the way to use the emotion and thefun for people with less ecologicalconscience:Example: ‘Driversdirect’, drivingschool in California, in which studentslearn to drive on hybrid vehicles andrevise their code over the Internetwithout moving.Example: In Great Britain, 35,000motorists have taken out a new gen-eration insurance where the rates arecalculated in proportion to the use ofthe vehicle and periods of heavy traf-fic through a satellite box placed inthe vehicle.Example: British distributors think todisplay CO2 production related to themanufacture and transport of goods onitems offered for sale to consumers.

> encourage fuel savings:Example: ‘Arval location de voitures’notes that some companies arechoosing models of small companyvehicles with low emissions.

pecially the transformation of the UnitedNations Environment Program into a trueinternational organization with a univer-sal vocation (UNEO) which would haveresponsibility for environmental dam-age assessment, promotion of friendlyactivities and ecosystems and have anormative capacity. The UNEO wouldgroup together 18 agencies, programsand financial institutions that manage

more than 500 international treaties andagreements relating to the environment 82

[A first meeting of the ‘Group of Friendsof the UNEO’ was held in Morocco in April2007.]

France through the commitment of thePresident supports this project, but themajor emitters of CO2, namely the UnitedStates, Russia, China and India, refuse.

82 Les échos of 02.02.07 ‘La France relance l’idée d’une Organisation des nations unies pour l’environnement’.

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Example: Employers of Île-de-Franceoffer 50% of the orange card to theiremployees.Example: In Montélimar, ‘Kéolis’negotiated with ‘Peugeot’ scheduleddrives with its bus, which now enterthe factory to encourage their useand reduce car trips. Parking spacesin the plant were voluntarily reducedaccordingly.

> decide in a massive effort to re-search and development of newenergy sources, on the capture ofCO2, storage and primarily on energywith a worldwide research to en-able developing countries to accesscleaner technologies (conflict with theIntellectual Property).

> implement national tax policies:‘Polluter pays’ principle, fiscal leverto encourage bio-fuel, encouragingrail freight, tax cut if investment inecological construction and facilities.

> Kyoto tax or carbon tax:‘Ecological legacy’ published byJacques Chirac in the Nouvel Ob-servateur, 01.02.07: a fee affixed tothe frontiers of the Kyoto area onimports from countries that do notrespect the Kyoto Protocol is legally

compatible with the rules of the WTO(paper by Ismer and Neuhoff 2004)even though European CommissionerPeter Mendelson finds it problematicand difficult to implement.

14. Globalization and Everyday Life

The Economic Commission for Europe ofthe United Nations (UN-ECE)

For its work in areas such as transport,environment, energy, industry and trade,the UN-ECE has a practical influence onthe lives of citizens through the reduc-tion and pollution prevention (it intro-duced the catalytic converter) of the airand water, vehicle safety, the develop-ment and harmonization of transportnetworks in the region, the ease ofcrossing borders, the simplification ofadministrative procedures related tointernational trade (UN/EDIFACT 83).

The Economic Commission for Europe ofthe United Nations (UN-ECE) is one of 5regional commissions of the Economicand Social Council of the United Nations(ECOSOC). It aims to stimulate sustain-able economic growth among its 56Member States 84. To achieve this objec-tive, the UN-ECE:

83 Excerpts from the website, the Department of Public Information of the United Nations system. UN/EDIFACT: system of formatting dataand coding international computer interpretable to transfer information on goods and services between importers and exporters, buyersand sellers.

84 Albania, Germany, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus,Denmark, Estonia, Former Yugoslav Republic of Macedonia, Russian Federation, Finland, France, Georgia, Greece, Hungary, Iceland,Ireland, Israel, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Norway,Uzbekistan, the Netherlands, Poland, Portugal, Republic of Moldova, Czech Republic, Romania, Unitd Kingdom, San Marino, Serbia,Slovakia, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan and Ukraine.

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> provides a forum for communicationbetween the States. In the transportsector, the ‘Global Forum on Harmoni-zation of Vehicle Regulations’ (WP29) isdeveloping a binding normative globalframework (adoption of 60 regulationsper year) including security and limit-ing the effects of vehicle pollutants,fully integrated into Community law.

> provides a framework for negotiatinginternational legal instruments relatedto commerce, transportation (57 inter-national agreements in the rail, roadand inland waterways sectors) and theenvironment (5 international conven-tions 85 and 18 protocols).

> communicates statistics and economicanalysis and environmental coopera-tion with Eurostat and the OECD.

The UN-ECE, as a multilateral platform,facilitates economic integration andcooperation among its Member Statesand promotes sustainable developmentand economic prosperity through dialogueand the negotiation of international legal

instruments, the development of regula-tions and standards; exchange and theapplication of best practices, as well aseconomic and technical expertise, techni-cal cooperation for countries in transitioneconomies.

Some UN-ECE standards are globalizing.Thus the TIR Agreement (rules of inter-national road transport) is globalizingbecause non-European countries adhereindividually to it and make it their ownrule of law. The Commission is helping toincrease the effectiveness of the UnitedNations through the implementation atthe regional level of the results of globalconferences and summits of the UnitedNations.

In conclusion, the regional commissionsof ECOSOC have a dual function:

> respond to the specific needs of theregions,

> contribute to global standards, confer-ences and UN summits.

85 Pollution Convention on Long-range Cross-Border Air (1979) and its protocols, Helsinki Convention on the river border (1992), Espoo Con-vention on environmental impact assessment in a cross-border context (1991), Helsinki Convention on industrial cross-border accidents(1991) and Aarhus Convention on access to information, public participation and access to justice (1998).

The work of the UN-ECE has enormous im-pact on people’s lives that should be broughtto the attention of the general public. Theharmonization of the labelling of hazardousmaterials transported through the harmoni-zation of road signs, vehicle safety, the fightagainst the emission of air pollutants, theobligation to impact assessments duringconstruction of new factories, the agree-

ment on industrial accidents, the protectionand use of border rivers and border lakes,to cite just a few examples. Educational bro-chures could be distributed in schools andconsumer information stands and so be avehicle for disseminating the achievements.

A global regulation (attached to theAgreement of 1998) on the approval of

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15. Globalization and Social Security

ISSA – The International Social SecurityAssociation

The International Social Security Associa-tion (ISSA) was founded in 1927 and istoday the world’s leading internationalorganisation bringing together 365 socialsecurity administrations and agencies inmore than 150 countries. Its President isMrs Corazon de la Paz from the Philip-pines and its Secretary General isMr Hans-Horst Konkolewsky from Den-mark.

The ISSA has its Headquarters in Genevaand its Regional Offices in Europe (Paris),Asia-Pacific (Manila), Africa (Accra) andthe Americas (Buenos Aires).

1. Social security and prevention

The first social security scheme whichincluded mandatory occupational accidentinsurance was established in 1884 in Ger-many by Chancellor Bismarck. The schemeis remarkable as it not only providedeconomic protection to the victims of work

accidents, but also offered comprehensiveprotection for the insured before and after acontingency has taken place. In other words,the scheme included both the provision ofcompensation, rehabilitation and prevention.

Other industrialized countries learnedfrom the German model, adapting it totheir national context and by World War Imandatory occupational accident insur-ance schemes were regarded as an indis-pensable component of social security. Inthe 1920’s, the scheme was extended tocover certain occupational diseases. Overtime, the populations covered increased.While originally only providing coverage forworkers in dangerous industries, it nowcovers all employees. In addition, somecountries protect non-salaried workers,students and school pupils.

As regards the organisation of the preven-tion of occupational risks the historicaldevelopment shows that in general terms,two models prevail: either prevention isexclusively or largely in the hands of thestate or state administration, or the mainresponsibility has been delegated to a so-cial security system which administers the

tires including limiting the tire noise wasexpected in 2006/2007. Michelin, the firstmanufacturer of tires worldwide (as regardsthe quantity of tires and the technical level),makes significant research efforts and isactive in the WP 29 of this area and will reapthe benefits of this new regulation 86.

Integrating the social issue of globalizationin the economy could be ‘experienced’ atregional level through the regional com-missions of ECOSOC, as long as universal-ly binding social norms cannot be imposedvia the ILO 87.

86 Note DFRA Geneva Olivier Martin, 21/03/2006.87 Reflections following the meeting with Mr Robineau, Adviser to the Executive Secretary of the UNECE dated 23 January 07.

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accident insurance scheme and which isresponsible for undertaking the necessaryto put prevention measures in place.

The prevention activities carried out bythese schemes are supported by a legalframework which defines the competen-cies, roles, responsibilities and spheres ofaction. Today, they come in many shapesand sizes, but in most countries one sin-gle, national scheme prevails. For examplein Canada, Australia and the United Statesprevention is organized by the provincial/state level. In a number of countries inEurope (e.g. Germany, France and Austria),in Latin America (e.g. Argentina, Mexico,Guatemala, Nicaragua), in Africa (e.g.Senegal, Ivory Coast and Burundi), and inAsia (e.g. Malaysia, China) – just to name afew - prevention is organized by a particu-lar social security scheme.

Social security has hence developed intoa main provider of economic security inthe modern industrialized society givingindividuals and families the confidence thattheir level of living and quality of life will not,in so far as is possible, be eroded by anysocial or economic incidence. But provid-ing social security involves more than justmeeting needs as and when they arise. Theconcept of social security involves prevent-ing risks from emerging in the first placeand helping individuals and families to makethe best possible adjustment when facedwith contingencies. This reflects the directlink with and responsibility of social securitytowards prevention at all levels.

2. ISSA’s motto: Prevention pays!

As health is a person’s most preciouspossession, the preservation of the healthof mankind is a key objective for social se-curity. As healthy people are also the basisfor productive and cost-effective businessactivities, successful prevention serves topreserve human capital, to control costsfor all actors involved and to avoid humansuffering.

The economic losses for enterprises andfor social security schemes in terms ofcompensation, health care, rehabilita-tion and invalidity can be quite signifi-cant: the ILO estimates that around 4%of the world’s GDP is lost due to workinjuries. The European Agency for Safetyand Health at Work has, for the MemberStates of the European Union, estimatedlosses of between 2,6 and 3,8% of GDP.For developing countries, according to theILO, as much as 10% of GDP is lost dueto work accidents (occupational diseasesnot included).

A contributing factor is the presence ofinformal employment, which accordingto international studies in industrializedcountries is not larger than 10% of thetotal labour force, while it may reach up to70% in the developing world.

The good news is that statistics show thatwhere investments in prevention measureshave taken place over a period of time, asignificant decrease in work accidents and

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3. New prevention approachesin a changing world

Despite the many accomplishments inthe prevention of work related injuriessince the first social security scheme wasintroduced, the global situation is not at allsatisfactory.

Globally between 70 and 80% of thepopulation is working without a safety net,without any access to a formal system ofprotection, not to mention safe and healthyworking conditions. In some quarters, in-vestments in improved working conditionsand social protection are still regarded asa cost factor to business with a negativeinfluence on competitiveness. Combinedwith a lack of political will to give impor-tance to occupational safety and health,the result is the absence of comprehensiveprevention policies leading to high accidentand disease levels, immense human suf-fering and enormous economic losses.

This represents an increasing challengefor social security and for occupationalsafety and health.

In addition the world of work is changingdramatically due to a more and more glo-balized economy. These changes give riseto new occupational risks and challengesfor prevention: structural changes, chang-ing working and employment conditions,ergonomic risks, an ageing workforce,noise, dangerous chemicals, psychosocialissues, new technologies, rapidly growing

occupational diseases and thus consider-able cost-reductions can be noted.

Germany is a good example of successfulprevention efforts: According to Haupt-verband der gewerblichen Berufsgenos-senschaften (now: Deutsche GesetzlicheUnfallversicherung) ‘An analysis of thetrend in costs and benefits over the last40 years proves the success of preven-tion. If the frequency of serious workaccidents were today at the same highlevel as in 1960, contributions under thecurrent cost structure would have to bemore than doubled and would place anadditional burden on industry of around10 billion €’.

In Austria a national campaign to preventfalls was organised. The overall investmentof 1.8 million € in the campaign resultedin cost savings of 10.9 million €, with acost-benefit ratio of 1 to 6 for the accidentinsurance scheme (AUVA) and reduction ofaccidents due to falls by almost 10%.

But similarly positive results can be foundfor developing countries as for examplethe Ivory Coast, where the Social SecurityInstitution declared last year that due toa targeted prevention policy implementedsince the 1980s, the number of (declared)accidents has decreased by nearly 50%.Similarly, Niger has experienced a de-crease of almost 25% in work accidentsdue to the implementation of preventionmeasures and awareness raising semi-nars.

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economies with no prevention culture, etc.Accident insurance schemes are further-more increasingly confronted with increas-ing costs of compensation, in particulardue to healthcare and rehabilitation.

In response to these challenges, the ISSA’sWorld Social Security Forum (Moscow,September 2007) suggested a broader,more dynamic concept of social security.What does this mean for prevention?

First, prevention needs to be accessible toall. In particular, workers in the growinginformal sector, self-employed and work-ers in small and micro business should becovered and have equal access to preven-tion services.

Second, prevention needs to be sustain-able. This means that prevention must beincluded as a strategic business objectiveand implemented via a systematic man-agement approach in partnership with theemployees.

Third, prevention needs to be proactive. Itis not sufficient to prevent the well-known,traditional risks. In a changing worldof work, new, emerging risks – such aspsychosocial risks and risks related tonanotechnologies – an ageing workforceand migrant labour, need to be addressedproactively.

Fourth, prevention needs to be innovative.The new world of work brings about morecomplex health risks and asks for more

innovative measures. The strong increasein chronic diseases for example meansthat prevention at the workplace shouldaddress more than just the strictly work-related risks and engage in general healthpromotional activities.

Social security and prevention are neededmore than ever. But only through changeand innovation can social security proac-tively respond to the challenges of globali-zation and contribute to social justice andmore equitable economic development.Prevention has always and will even morein the future be linked to the developmentof social security – the ISSA thereforelooks forward to enhance its internationalpartnership in particular with importantplayers like the ILO and IALI.

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The world with its organizations (UN,regional blocs, States) is complex, close toMcLuhan’s vision of a global village 88 withall its contradictions and divisions.

The State Governments, especially themost powerful among them, have neverbenefited of such powerful coercionmeans (consequence of September 11,2001), legislative capacity and extensivefinancial resources. They remain themasters in the concert of nations of anumber of policies: they control theirpolicy of education, training, research,employment, labour, hygiene and health.A world economy decoupled from poli-tics is illusory. Their purchases fromthe military industries, their support ofcompanies, in particular their nationalflagships (multinationals), their economicand social policies are all expressionsof their power. They seek to export theirmodels. The need for the State reappearseverywhere and in its oldest Hobbes’ vari-ant: the enforcement of security. To dryup the sources from which new conflictsarise constantly, it is necessary to distrib-ute more equitably the freedoms and thebenefits of globalization.

Three consensuses, three areas, threevalue systems, which are the ‘Washing-ton consensus’, the ‘Geneva consensus’and the ‘Beijing Consensus’, are seen asantagonistic. They are standardized dif-ferently but it should be possible to detect

their multipolarities. They bring a newglobal dynamic.

The financial crises in Asia, in Central andSouth America, among others, show thatthe systematic deregulation makes theBretton Woods system (IMF, World Bank)unable to react. The ‘Washington consen-sus’ is based on the primacy of marketsand the determining factor of the UnitedStates is challenged between ultra-liberaland neo-Keynesian policies. It focuseson the nature of the regulation and therole of the State. The former, inspired byMilton Friedman 89, believe that financialinstitutions are responsible for the crisisand it would be better to remove them,only trusting the market forces to regu-late the economy. The latter, inspired byJoseph Stiglitz 90, on the contrary, insiston market failures and promote the roleof the State and the social policies.

But the developing countries are increas-ingly exasperated by the dogmatismof the ‘Washington consensus’. PascalLamy, Director-General of the WTO, hasunderstood it and offers ‘the new Genevaconsensus’ to use trade for develop-ment purposes, in order to preserve theenvironment, protect people and makecompetition fairer.

The discussions involved are debates onvalues (those of Washington against thoseof Geneva) that should be changed into

V. CONCLUSION: THE THREE CONSENSUSES

88 Marshall McLuhan (1911-1980) ‘The Medium is the Message: An inventory of effects’ 196789 Milton Friedman ‘Capitalisme et liberté’ 1962, ‘La liberté du choix’ 198090 Joseph Stiglitz: ‘Un autre monde: contre le fanatisme du marché’, Fayard 2006

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common interests. The Geneva Consen-sus, of European origin, contains a liber-alization of trade that takes into accountthe cost of adjustment. Such liberalizationwould mean the provision of assistance tohelp the least developed countries to in-crease their resources and build adequateproduction capacities and to correct theimbalances that free trade can causebetween winning and losing countries.

However, the consultant Joshua CooperRamo estimated that the developingcountries are more impressed by aChinese model focusing on pragmatism,innovation, social cohesion and self-de-termination. He called it in 2004 ‘the Bei-jing Consensus’ 91. The power of Chineseinfluence in Southeast Asia has becomeso important nowadays that, for the firsttime since 1945, the United States arefaced with a situation where anothercountry is more fascinating than them.Joseph Nye is the theorist of the ‘softpower’, in the meaning of ‘soft fascinationpower’ that corresponds to the ability ofpersuasion, of seduction performed bya cultural model, of an ideology and, insome cases, of institutions that make theothers fall within the framework deter-mined by those who own the resources.They represent an ability to have theirparticular world view universally accept-ed, in order that the domination of thosewho have created this view is accepted,

because it is perceived as legitimate 92.This is the limit of the Chinese charmoffensive. The Chinese model can onlyfunction properly ‘in countries where theauthoritarian model of rapid developmentexerts an attraction’. It is this system thatworries sometimes the ones (westerners)and gives courage to the others (somedeveloping countries).

Faced with this uncontrollable ‘globalproblem’, we tend to rebuild more localborders, outside the ‘market’, an inter-est in environmental issues, a respect ofa social ethics project, all being part ofa project of humanity. Committed to ourculture, our identity and our geographi-cal situation, we must ensure that the‘national’ successes and their recogni-tion abroad are increasingly numerous,instead of yielding to the temptation toretreat.

It is important to have roots, not to doubtof our own abilities and to keep an openmind to other influence centres in theworld; because the more our differencesare visible, the more they create tensions.The easier my neighbour is accessible,the less he is understandable. Some au-thors even speak of a culture shock thatmay lead to a war of civilizations if com-prehension does not exist 93. This is onlyplausible if the fear and misunderstandingdominate our vision of the other.

91 Gideon Rachman, reporter of the Financial Times http://blogs.ft.com/rachmanblog : blog on US foreign policy, Europe and Globalization.And Courrier International No 851 from 22 to 28 .02.2007 p 6

92 If the instruments of ‘hard’ power are the army and the economy, the weapons of soft power are the culture and the ideology. It is oftenthrough persuasion rather than force that the States can best achieve their goals in a sustainable way..

93 Dominique Wolton ‘L’autre mondialisation’ Flammarion 2003 or Samuel Huntington ‘le choc des civilisations’ Foreign affairs vol 72 No 31993 and ed. Odile Jacob 2000

96

If the phenomenon of globalization raisesso much frustration and violence, it isprobably because the communicationchannels don’t work. But what does com-munication mean? It is to recognize thehumanity and individuality of the otherwhich, in turn, considers me as his equal(the linguistic and cultural areas, suchas the French, but also the Portuguese,Russian, Arab or German speaking areas,embody better than other entities this idealcommunication, based on the recogni-tion of the cultural diversity in the world).Globalization standardizes the economyat a worldwide level and exacerbates thedifferences in cultural terms. It promotesthe emergence of an identity refuge anda model that takes account of minorities,while the linguistic areas of the manage-ment of cultural diversity avoid identitydownturns, by establishing a minimumsolidarity based primarily on the language.

To cope with a world that is more openand thus more uncertain, we must beconfident of our identity, ready to face upto other values, ready to recognize theirmerit.

All men are aware of the need for commonlaws, but everyone is more or less proneto avoid them. In order to explain the re-quirement of politics, when one succeeds

in both being oneself (singular individualdriven by his desires, interests, all hisinclinations) and being a citizen (driven bythe reasoned awareness of what is rightfor the community), Jean Paul Jouary 94

suggests and hopes that the dream ofpoliticians, rather than sticking to a feweconomic and social indicators, is ableto stick better to the values or conceptsof the world that have been developed byphilosophers, despite the unsociable so-ciability to which Kant refers. Most of thedifficulties are not at the level of having,which means physical resources, mon-etary and technical resources, but at thelevel of being, the way to see one’s place inthe world, to give meaning to one’s life andto feel responsibility and solidarity to thelives of the others.

It is incumbent upon us to think thatglobalization ‘as a new extraordinaryadventure’ be organized by politics, fullyconsidering ecology, citizenship and aworldwide view, which would place thedesire of humanity at the centre of itsperspective by seeing the individual facedto the upheavals of the world, and thusachieve ‘the humanism of globalization’ 95.As the sociologist Jean Viard said, ‘it isnot enough to point at the dis-enchantment of the world, we must rein-vent its re-enchantment’96.

94 Jouary JP: je vote donc je pense Milan 200795 Viard J.: ‘Le nouvel âge du politique: le temps de l’individu monde’ ed Aube 200496 idem Viard J.

97

VI. ATTACHMENTS

1. Map and Member States of the IALI

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Afghanistan 19.11.1946 Observer 1934

South Africa 07.11.1945 01.01.1995 1919-1966, 1994

Albania 14.12.1955 08.09.2000 1920-1967,1991 18.08.2004 01/1995

Algeria 08.10.1962 Observer 1962 19.10.1962

Andorra 28.07.1993 Observer

Angola 01.12.1976 23.11.1996 1976 04.06.1976

Antigua-and-Barbuda 11.11.1981 01.01.1995 1982 02.02.1983

Saudi Arabia 24.10.1945 11.12.2005 1976 15.06.1978

Argentina 24.10.1945 01.01.1995 1919 17.02.1955 03/1996

Armenia 02.03.1992 05.02.2003 1992 17.12.2004

Associate

member

Australia 01.11.1945 01.01.1995 1919 24.06.1975 03/1996

98

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Austria 14.12.1955 01.01.1995 1919-1936, 1947 30.04.1949 < 1994

Azerbaijan 02.03.1992 Observer 1992 09.08.2000

Bahamas 18.09.1973 Observer 1976 25.05.1976

Bahrain 21.09.1971 01.01.1995 1977 11.06.1981

Bangladesh 17.09.1974 01.01.1995 1972 22.06.1972

Barbados 09.12.1966 01.01.1995 1967 08.05.1967

Belarus 24.10.1945 Observer 1954 25.09.1995 09/1995

Belgium 27.12.1945 01.01.1995 1919 05.04.1957 10/2000

Belize 25.12.1981 01.01.1995 1981 15.12.1983

Benin 20.09.1960 22.02.1996 1960 11.06.2001 06/1996

Bhutan 21.09.1971 Observer

Bolivia 14.11.1945 12.09.1995 1919 11.11.1973

Bosnia and

Herzegovina 22.05.1992 Observer 1993 02.06.1993

Associate

member

Botswana 17.10.1966 31.05.1995 1978

Associate

member

Brazil 24.10.1945 01.01.1995 1919 11.10.1989 < 1994

Brunei Darus-

salam 21.09.1984 01.01.1995 2007

Bulgaria 14.12.1955 01.12.1996 1920 29.12.1949 04/2000

Burkina Faso 20.09.1960 03.06.1995 1960 21.05.1974 < 1994

Burundi 18.09.1962 23.07.1995 1963 30.07.1971 06/2002

Cambodia 14.12.1955 13.10.2004 1969

Cameroon 20.09.1960 13.12.1995 1960 03.09.1962 06/2002

Canada 09.11.1945 01.01.1995 1919 06/2000

Cape Verde 16.09.1975 Observer 1979 16.10.1979

Central African

Republic 20.09.1960 31.05.1995 1960 09.06.1964 06/2002

Chad 20.09.1960 19.10.1996 1960 30.11.1965 ?

Chile 24.10.1945 01.01.1995 1919 < 1993

China 24.10.1945 11.12.2001 1919 09/2004

99

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Colombia 05.11.1945 30.04.1995 1919 13.11.1967

Comoros 12.11.1975 - 1978 23.10.1978

Congo 20.09.1960 27.03.1997 1960 26.11.1999 06/2006

Democratic

Republic of the

Congo 20.09.1960 01.01.1997 19.04.1968

Costa Rica 02.11.1945 01.01.1995 1920-1927, 1944 02.06.1960 03/2003

Croatia 22.05.1992 30.11.2000 1992 08.10.1991 06/1996

Cuba 24.10.1945 20.04.1995 1919 07.09.1954

Cyprus 20.09.1960 30.07.1995 1960 23.09.1960 < 1994

Czech Republic 19.01.1993 01.01.1995 1919-1993, 1993 < 1994

Denmark 24.10.1945 01.01.1995 1919 06.08.1958 < 1994

Djibouti 20.09.1977 31.05.1995 1978 03.08.1978

Dominica 18.12.1978 01.01.1995 1982 28.02.1983

Dominican

Republic 24.10.1945 09.03.1995 1924 22.09.1953 05/2002

Egypt 24.10.1945 30.06.1995 1936 11.10.1956 03/1999

El Salvador 24.10.1945 07.05.1995 1919-1939, 1948 15.06.1995

Ecuador 21.12.1945 21.01.1996 1934 26.08.1975

Eritrea 28.05.1993 - 1993

Estonia 17.09.1991 13.11.1995 1921-1940, 1992 01.02.2005 01/1994

Ethiopia 13.11.1945 Observer 1923

European com-

munities 01.01.1995

Fiji 13.10.1970 14.01.1996 1974

Finland 14.12.1955 01.01.1995 1920 20.01.1950 < 1994

France 24.10.1945 01.01.1995 1919 16.12.1950 < 1994

Gabon 20.09.1960 01.01.1995 1960 17.07.1972 < 1994

Gambia 21.09.1965 23.10.1996 1995

Georgia 31.07.1992 14.06.2000 1993 06/2002

100

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Germany 18.09.1973 01.01.1995 1919-1935, 1951 14.06.1955 < 1994

Ghana 08.03.1957 01.01.1995 1957 02.07.1959 01/2005

Greece 25.10.1945 01.01.1995 1919 16.06.1955

Grenada 17.09.1974 22.02.1996 1979 09.07.1979

Guatemala 21.11.1945 21.07.1995 1919-1938, 1945 13.02.1952

Guinea 12.12.1958 25.10.1995 1959 26.03.1959 ?

Guinea-Bissau 17.09.1974 31.05.1995 1977 21.02.1977

Equatorial Guinea 12.11.1968 Observer 1981

Guyana 20.09.1966 01.01.1995 1966 08.06.1966

Haiti 24.10.1945 30.01.1996 1919 31.03.1952

Associate

member

Holy See Observer

Honduras 17.12.1945 01.01.1995 1919-1938, 1955 06.05.1983

Hong Kong, China 01.01.1995 < 1994

Hungary 14.12.1955 01.01.1995 1922 04.01.1994 < 1995

India 30.10.1945 01.01.1995 1919 07.04.1949

Indonesia 28.09.1950 01.01.1995 1950 29.01.2004 05/2005

Iran (Islamic

Republic of) 24.10.1945 Observer 1919 11/2003

Iraq 21.12.1945 Observer 1932 13.01.1951

Ireland 14.12.1955 01.01.1995 1923 16.06.1951 < 1994

Iceland 19.11.1946 01.01.1995 1945 05/1996

Israel 11.05.1949 21.04.1995 1949 07.06.1955 < 1994

Italy 14.12.1955 01.01.1995 1919-1939, 1945 22.10.1952 < 1994

Ivory Coast 20.09.1960 01.01.1995 1960 05.06.1987 06/2002

Jamaica 18.09.1962 09.03.1995 1962 26.12.1962 07/2003

Japan 18.12.1956 01.01.1995 1919-1940, 1951 20.10.1953 < 1996

Jordan 14.12.1955 11.04.2000 1956 27.03.1969 04/2005

Kazakhstan 02.03.1992 Observer 1993 06.07.2001

Kenya 16.12.1963 01.01.1995 1964 13.01.1964 06/2002

101

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Kirgyzstan 02.03.1992 20.12.1998 1992 26.07.2000 03/2004

Kiribati

(Republic of) 14.09.1999 - 2000

Democratic

People’s Republic

of Korea 17.09.1991 -

Korea (Republic

of )17.09.1991 01.01.1995 1991 09.12.1992 10/2006

Kuwait 14.05.1963 01.01.1995 1961 23.11.1964

Lao People’s

Democratic

Republic 14.12.1955 Observer 1964

Latvia 17.09.1991 10.02.1999 1921-1940, 1991 25.08.1994 03/1994

Lebanon 24.10.1945 Observer 1948 26.07.1962

Lesotho 17.10.1966 31.05.1995 1966-1971, 1980 14.06.2001 06/2002

Liberia 02.11.1945 - 1919 25.03.2003

Libyan Arab

Jamahiriya 14.12.1955 Observer 1952 27.05.1971

Liechtenstein 18.09.1990 01.09.1995

Lithuania 17.09.1991 31.05.2001 1921-1940, 1991 26.09.1994 03/1994

Luxembourg 24.10.1945 01.01.1995 1920 03.03.1958 < 1994

Macao, China 01.01.1995 < 1994

Former Yugoslav

Republic of

Macedonia 08.04.1993 04.04.2003 1993 17.11.1991 09/2001

Madagascar 20.09.1960 17.11.1995 1960 21.12.1971

Malaysia 17.09.1957 01.01.1995 1957 01.07.1963 09/2001

Malawi 01.12.1964 31.05.1995 1965 22.03.1965 06/1996

Maldives 21.09.1965 31.05.1995

Mali 28.09.1960 31.05.1995 1960 02.03.1964 06/2002

Malta 01.12.1964 01.01.1995 1965 04.01.1965

Associate

member

102

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Marshall Islands 17.09.1991 - 2007

Mauritania 27.10.1961 31.05.1995 1961 08.11.1963 08/2004

Mauritius 24.04.1968 01.01.1995 1969 02.12.1969

Mexico 07.11.1945 01.01.1995 1931 < 1994

Micronesia (Fed-

erated States of) 17.09.1991 -

Moldova

(Republic of) 02.03.1992 26.07.2001 1992 12.08.1996

Associate

member

Monaco 28.05.1993 -

Mongolia 27.10.1961 29.01.1997 1968

Montenegro 28.06.2006 Observer 2006 03.06.2006

Morocco 12.11.1956 01.01.1995 1956 14.03.1958 < 1994

Mozambique 16.09.1975 26.08.1995 1976 06.06.1977

Myanmar 19.04.1948 01.01.1995 1948

Namibia 23.04.1990 01.01.1995 1978 01/2005

Nauru 14.09.1999 -

Nepal 14.12.1955 23.04.2004 1966 06/2002

Netherlands 10.12.1945 01.01.1995 1919 15.09.1951 < 1994

New Zealand 24.10.1945 01.01.1995 1919 30.11.1959 < 1994

Nicaragua 24.10.1945 03.09.1995 1919-1938, 1957

Niger 20.09.1960 13.12.1996 1961 09.01.1979 06/1996

Nigeria 07.10.1960 01.01.1995 1960 17.10.1960

Norway 27.11.1945 01.01.1995 1919 05.01.1949 < 1994

Oman 07.10.1971 09.11.2000 1994

Pakistan 30.09.1947 01.01.1995 1947 10.10.1953

Associate

member

Palaos 15.12.1994 -

Palestina

Panama 13.11.1945 06.09.1997 1919 03.06.1958

Papua New

Guinea 10.10.1975 09.06.1996 1976

103

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Paraguay 24.10.1945 01.01.1995 1919-1937, 1956 28.08.1967

Peru 31.10.1945 01.01.1995 1919 01.02.1960 10/2003

Philippines 24.10.1945 01.01.1995 1948

Poland 24.10.1945 01.07.1995 1919 02.06.1995 < 1994

Portugal 14.12.1955 01.01.1995 1919 12.02.1962 < 1994

Qatar 21.09.1971 13.01.1996 1972 18.08.1976

Romania 14.12.1955 01.01.1995 1919-1942, 1956 06.06.1973 < 1995

Russian

Federation 24.10.1945 Observer 1934-1940, 1954 02.07.1998 01/2004

Rwanda 18.09.1962 22.05.1996 1962 02.12.1980

Saint Kitts and

Nevis23.09.1983 21.02.1996 1996

Saint Lucia 18.09.1979 01.01.1995 1980

Saint Vincent and

the Grenadines 16.09.1980 01.01.1995 1995 21.10.1998

Samoa 15.12.1976 Observer 2005

San Marino 02.03.1992 - 1982

Sao Tomé and

Principe 16.09.1975 Observer 1982 01.06.1982

Senegal 28.09.1960 01.01.1995 1960 22.10.1962 < 1993

Serbia 01.11.2000 Observer 2000 24.11.2000 09/2001 (Serbia)

Seychelles 21.09.1976 Observer 1977 28.10.2005 02/2003

Sierra Leone 27.09.1961 23.07.1995 1961 13.06.1961

Singapore 21.09.1965 01.01.1995 1965 25.10.1965 11/2006

Slovakia 19.01.1993 01.01.1995 1919-1993, 1993 < 1994

Slovenia 22.05.1992 30.07.1995 1992 29.05.1992 < 1994

Solomon Islands 19.09.1978 26.07.1996 1984 06.08.1985

Somalia 20.09.1960 - 1960

Spain 14.12.1955 01.01.1995 1919-1941, 1956 30.05.1960 < 1994

Sri Lanka 14.12.1955 01.01.1995 1948 03.04.1956

Sudan 12.11.1956 Observer 1956 22.10.1970

104

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Suriname 04.12.1975 01.01.1995 1976 15.06.1976

Associate

member

Sweden 19.11.1946 01.01.1995 1919 25.11.1949 03/1994

Switzerland 10.09.2002 01.01.1995 1919 13.07.1949 < 1994

Swaziland 24.09.1968 01.01.1995 1975 05.06.1981

Syrian Arab

Republic 24.10.1945 - 1947-1958, 1961 26.07.1960

Tajikistan 02.03.1992 Observer 1993

United Republic

of Tanzania 14.12.1961 01.01.1995 1962 30.01.1962

Taiwan 01.01.2002

Thailand 16.12.1946 01.01.1995 1919 03/2004

East Timor 27.09.2002 - 2003

Togo 20.09.1960 31.05.1995 1960 < 1994

Tonga 14.09.1999 27.07.2007

Trinidad and

Tobago 18.09.1962 01.03.1995 1963 17.08.2007 06/2003

Tunisia 12.11.1956 29.03.1995 1956 15.05.1957 < 1994

Turkey 24.10.1945 26.03.1995 1932 05.03.1951 05/2002

Turkmenistan 02.03.1992 - 1993

Tuvalu 05.09.2000 -

Uganda 25.10.1962 01.01.1995 1963 04.06.1963 06/2001

Ukraine 24.10.1945 Observer 1954 10.11.2004

United Arab

Emirates09.12.1971 10.04.1996 1972 27.05.1982

United Kingdom

of Great Britain

and Northern

Ireland 24.10.1945 01.01.1995 1919 28.06.1949

< 1994

03/2001 (N.I.)

United States of

America24.10.1945 01.01.1995 1934-1977, 1980

Uruguay 18.12.1945 01.01.1995 1919 28.06.1973

Uzbekistan 02.03.1992 Observer 1992

105

Country United Nations W.T.O. I.L.O. I.L.O. (ratificationConvention 81)

I.A.L.I.

Vanuatu 15.09.1981 Observer 2003

Venezuela

(Bolivarian

Republic of ) 15.11.1945 01.01.1995 1919-1957, 1958 21.07.1967

Vietnam20.09.1977 11.01.2007

1950-1976,

1980-1985, 1992 03.10.1994

Associate

member

Yemen 30.09.1947 Observer 1990 29.07.1976

Zambia 01.12.1964 01.01.1995 1964 01/2005

Zimbabwe 25.08.1980 05.03.1995 1980 16.09.1993 01/2005

TOTAL 192 151 + 31Observers

181 137 87 + 9 associatemembers

106

2. The system of the United Nations

Principal Organs

The United Nations System

Trusteeship Council Security Council General Assembly

Subsidiary BodiesMain committees

Human Rights Council

Other sessional committees

Standing committees and ad hoc bodies

Other subsidiary organs

Advisory Subsidiary BodyUnited Nations Peacebuilding

Commission

NOTES: Solid lines from a Principal Organ indicate a direct reporting relationship; dashes indicate a non-subsidiary relationship.1 The UN Drug Control Programme is part of the UN Office on Drugs and Crime2 UNRWA and UNIDIR report only to the GA3 The United Nations Ethics Office and the United Nations Ombudsman’s Office report directly to the Secretary-General4 IAEA reports to the Security Council and the General Assembly (GA)5 The CTBTO Prep.Com and OPCW report to the GA6 Specialized agencies are autonomous organizations working with the UN and each other through the coordinating machinery of the ECOSOC at the

intergovernmental level, and through the Chief Executives Board for coordination (CEB) at the inter-secretariat level7 UNFIP is an autonomous trust fund operating under the leadership of the United Nations Deputy Secretary-General. UNDEF’s advisory board recommends

funding proposals for approval by the Secretary-General.

UNCTAD United Nations Conference onTrade and Development

ITC International Trade Centre(UNCTAD/WTO)

UNDCP1 United Nations DrugControl Programme

UNEP United Nations EnvironmentProgramme

UNICEF United Nations Children’s Fund

UNDP United Nations DevelopmentProgramme

UNIFEM United NationsDevelopment Fund for Women

UNV United Nations Volunteers

UNCDF United Nations CapitalDevelopment Fund

UNFPA United Nations Population Fund

UNHCR Office of the United Nations HighCommissioner for Refugees

WFP World Food Programme

UNRWA2 United Nations Relief andWorks Agency for Palestine Refugeesin the Near East

UN-HABITAT United Nations HumanSettlements Programme

Programmes and Funds

UNICRI United Nations InterregionalCrime and Justice Research Institute

UNITAR United Nations Institute forTraining and Research

UNRISD United Nations ResearchInstitute for Social Development

UNIDIR2 United Nations Institute forDisarmament Research

INSTRAW International Research andTraining Institute for the Advancementof Women

Research and Training Institutes

OHCHR Office of the United Nations High Commissioner forHuman Rights

UNOPS United Nations Office for Project Services

UNU United Nations University

UNSSC United Nations System Staff College

UNAIDS Joint United Nations Programme on HIV/AIDS

Other UN Entities

Military Staff Committee

Standing Committee and ad hoc bodies

International Criminal Tribunal for theformer Yugoslavia (ICTY)

International Criminal Tribunal forRwanda (ICTR)

UN Monitoring, Verification andInspection Commission (Iraq)(UNMOVIC)

United Nations CompensationCommission

Peacekeeping Operations and Missions

Subsidiary Bodies

UNFIP United Nations Fund for International Partnerships UNDEF United Nations Democracy Fund

Other UN Trust Funds7

107

Economic andSocial Council

International Courtof Justice Secretariat

Functional CommissionsCommissions on:

Narcotic DrugsCrime Prevention and Criminal JusticeScience and Technology for

DevelopmentSustainable DevelopmentStatus of WomenPopulation and Development

Commission for Social DevelopmentStatistical Commission

Regional CommissionsEconomic Commission for Africa (ECA)

Economic Commission for Europe (ECE)

Economic Commission for LatinAmerica and the Caribbean (ECLAC)

Economic and Social Commission forAsia and the Pacific (ESCAP)

Economic and Social Commission forWestern Asia (ESCWA)

Other BodiesPermanent Forum on Indigenous Issues

(PFII)

United Nations Forum on Forests

Sessional and standing committees

Expert, ad hoc and related bodies

Related OrganizationsWTO World Trade Organization

IAEA4 International Atomic EnergyAgency

CTBTO Prep.Com5 PrepCom for theNuclear-Test-Ban-Treaty Organization

OPCW5 Organization for theProhibition of Chemical Weapons

Specialized Agencies6

ILO International LabourOrganization

FAO Food and AgricultureOrganization of the United Nations

UNESCO United NationsEducational, Scientific and CulturalOrganization

WHO World Health Organization

World Bank GroupIBRD International Bank

for Reconstruction andDevelopment

IDA International DevelopmentAssociation

IFC International FinanceCorporation

MIGA Multilateral InvestmentGuarantee Agency

ICSID International Centre forSettlement of InvestmentDisputes

IMF International Monetary Fund

ICAO International Civil AviationOrganization

IMO International MaritimeOrganization

ITU International TelecommunicationUnion

UPU Universal Postal Union

WMO World MeteorologicalOrganization

WIPO World Intellectual PropertyOrganization

IFAD International Fund forAgricultural Development

UNIDO United Nations IndustrialDevelopment Organization

UNWTO World TourismOrganization

Departments and OfficesOSG3 Office of the

Secretary-General

OIOS Office of Internal OversightServices

OLA Office of Legal Affairs

DPA Department of Political Affairs

DDA Department for DisarmamentAffairs

DPKO Department of PeacekeepingOperations

OCHA Office for the Coordination ofHumanitarian Affairs

DESA Department of Economic andSocial Affairs

DGACM Department for GeneralAssembly and ConferenceManagement

DPI Department of Public Information

DM Department of Management

OHRLLS Office of the HighRepresentative for the LeastDeveloped Countries, LandlockedDeveloping Countries and SmallIsland Developing States

DSS Department of Safety andSecurity

UNODC United Nations Office onDrugs and Crime

ab

UNOG UN Office at Geneva

UNOV UN Office at Vienna

UNON UN Office at Nairobi

Published by the United NationsDepartment of Public Information

06-39572—August 2006—10,000—DPI/2431

108

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4. The dynamic of world population

110

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Source : IFRIRAMSES 2002(http://www.ifri.org/files/Ramses2002/

R02_Carte2.pdf)

111

6. The world trade

112

7. The spreading of democratic States

8. Non-governmental organizations

Quantité % des États du monde

Quantité

Diffusion des États démocratiquesEn chiffres absolus et en pour cent, monde entier, 1987 à 2005

Organisations non gouvernementales (ONG)Nombres en chiffres absolus, monde entier, 1909 à 2004

113

9. Abbreviations

IFA/ACI International Framework Agreement

Trip’s/Adpics Trade-related aspects of intellectual property rights

IALI/AIIT International Association of Labour Inspection

ISSA/AISS International Social Security Association

NAFTA / ALENA North American Free Trade Agreement

ARLAC African Regional Labour Administration Center (anglophone countries)

ASEAN / ANASE Association of Southeast Asian Nations

AUVA Austrian social insurance for occupational risks

ILO/BIT International Labour Office

UN-ECE / CEE-NU The Economic Commission for Europe of the United Nations

SLIC/CHRIT Senior Labour Inspectors Committee

ITUC/CSI (CIS ????) International trade union confederation

CNUCED / UNCTAD United Nations Conference on trade and development

CO² Gaz Carbonique

CRADAT African Regional Labour Administration Center (French-speaking countries)

ECOSOC United Nations Economic and Social Council

FAO Food and Agriculture Organization

UNITAID / FIAM Facilité Internationale d’Achat de Médicaments ???

FIFA International Federation of Association Football

IMF / FMI International Monetary Fund

GATT General agreement on tariffs and trade

GDP/PIB Gross domestic product

IPCC / GIEC Intergovernmental panel on climate change

ILIS / SIIT Integrated labour inspection system

IPEC International programme on the elimination of child labour

LMI / ITM Labour and Mines Inspectorate (Luxembourg)

MERCOSUR Southern Common Market (South America)

MS / EM Member States

NEPAD New partnership for Africa’s development

NTCI New technologies of communication and information

OECD / OCDE Organization for economic co-operation and development

IOM / OIM International organization for migration

ILO / OIT International labour organization

WTO / OMC International labour organization

114

MDGs / OMD Millennium Development Goals

WMO / OMM World Meteorological Organization

WIPO / OMPI World intellectual property organization

WHO / OMS World Health Organization

NGO / ONG Non-governmental organization

UNO / ONU United Nations Organizations

UN-EDIFACT /United Nations/Electronic Data Interchange For Administration, Commerce,

and Transport

ONUE United Nations organization for the environment

DSB / ORD Dispute Settlement Body of the WTO

PED / PVD ??? Pays en Voie de Développement ???

IP / PI Intellectual property

LDC / PMA Least developed countries

SME / PME Small and medium enterprises

UNDP / PNUD United Nations development programme

HR / RH Human Resources

CSR / RSE Corporate Social Responsability

GSP / SGP Generalized system of preferences

GCOS / SMOC Global climate observing system

OSH / SST Occupational safety and health

TIR International transport of goods

AU / UA African Union

EU / UE European Union

UK / RU United Kingdom

UNEP / PNUE United Nations Environment Programme

UNICEF United Nations Children’s Fund

USA / E-U United States of America

HIV Human Immunodeficiency Virus

WP 29 World Forum for harmonization of vehicle regulations

115

International Association of LabourInspection: IALIIALI SecretariatInspection du Travail et des MinesBP 27L-2010 LuxembourgLUXEMBOURGMail: nadine.schneider@itm.etat.luInternet: http://www.iali-aiit.org

Labour and Mines Inspectorate,Luxembourg: LMI3, rue des PrimeursL-2361 StrassenLUXEMBOURGMail: paul.weber@itm.etat.luInternet: http://www.itm.lu

Direction of Labour, Employment andVocational Training of the Department ofIndre-et-Loire8, rue Alexandre FlemingB.P. 2729F-37027 ToursFRANCEMail : dd-37.direction@travail.gouv.frInternet : http://www.centre.travail.gouv.fr/indreetloire

International Labour Organization : ILOInternational Labour Office4, route des MorillonsCH-1211 Genève 22SUISSEMail : safework@ilo.orgInternet : http://www.ilo.org/safeworkhttp://www.ilo.org/labourinspection

International Social Security Association:ISSA4, route des MorillonsCase postale 1CH-1211 Genève 22SUISSEMail: issa@ilo.orgInternet: http://www.issa.int

World Health Organization : WHOAvenue Appia, 20CH-1211 Genève 27SUISSEMail : info@who.intInternet : http://www.who.int

World Meteorological Organization: WMOP.O. Box n°23007bis, avenue de la paixCH-1211 Genève 2SUISSEMail: wmo@wmo.intInternet: http://www.wmo.ch

International organization for migration:IOM17, route des MorillonsPO Box 71CH-1211 Genève 19SUISSEMail: info@iom.intInternet: http://www.iom.int

World trade organization: WTOCentre William Rappard154, rue de LausanneCH-1211 Genève 21SUISSEMail : enquiries@wto.orgInternet : http://www.wto.org

World intellectual property organization:WIPO34, chemin des colombettesCH-1211 Genève 20SUISSEInternet : http://www.wipo.int

United Nations Conference on trade anddevelopment: UNCTADPalais des Nations8-14, avenue de la PaixCH-1211 Genève 10SUISSEInternet : http://www.unctad.org

10. Useful contacts

116

The Economic Commission for Europe ofthe United Nations: UNECEPalais des NationsCH-1211 Genève 10SUISSEMail : info.ece@unece.orgInternet : http://www.unece.org

United Nations Environment Programme:UNEPMaison internationale de l’environnement15, Chemin des Anémones1219-Châtelaine GenèveSUISSEInternet : http://www.unep.org

Secretariat of the Basel ConventionInternational Environment House11-13, Chemin des AnémonesBâtiment D1219- Châtelaine GenèveSUISSEInternet : http://www.basel.int

United Nations Children’s Fund :UNICEFRegional office for EuropePalais des NationsCH-1211 Genève 10SUISSEInternet: http://www.unicef.org

International Monetary Fund : IMF700 19 th street NWWashington DC 20431ETATS-UNISInternet: http://www.imf.org

World Bank1818 H street NWWashington DC 20433ETATS-UNISInternet: http://www.banquemondiale.org

© LABOUR AND MINES INSPECTORATE, LUXEMBOURGINTERNATIONAL ASSOCIATION OF LABOUR INSPECTIONTEXTS: SYLVIE SIFFERMANN AND PAUL WEBERCOVER PAINT: JOSÉ ANNE HOFFMANN, ARTISTPHOTOS: JOËLLE MATHIAS, PHOTOGRAPHERPRINTED BY: IMPRIMERIE CENTRALE S.A., LUXEMBOURGFIRST RUN: 2000 IN FRENCH, YEAR 2008

3000 IN ENGLISH, YEAR 2008TRANSLATED FROM FRENCH BY IMPRIMERIE CENTRALE S.A.

ISBN 978-99959-602-1-6

International Labour Office

LABOUR INSPECTION AND

SUSTAINABLE GLOBALIZATION

PRO-

PRO-IALI

LABOURINSPECTIONANDSUSTAINABLEGLOBALIZATION

LILabour inspectors, with the advice, controls and sanctions,monitor the (non-) compliance of the basic rights in workrelations and conditions, and hence are ‘ambassadors’ of labouritself at the level of a State. Their sound judgements play animportant role in maintaining social equilibrium.

At the international level, IALI is the operational side of the veri-fication of compliance of these sovereign rights written down inthe international tripartite conventions of ILO in the UN system.

The labour inspectorate embodies the essential player in thesocial dimension of a ‘sustainable’ globalization exposed to thechallenge of changing its role, the challenge of adapting theirtalents and skills in an increasingly complex environment.

This booklet aims to throw light on the debate, provide keys tounderstanding that the labour inspectorate succeeds to placeitself and to fully participate in the promotion of decent workto achieve ‘sustainable’ economic and social developmentthroughout the world.

Sylvie SIFFERMANN & Paul WEBER International Association of Labour Inspection