International Instruments for International Instruments for Protection and Promotion of Protection and Promotion of

Workers’ RightsWorkers’ Rightsin the Era of Globalization in the Era of Globalization

Points for DiscussionsPoints for Discussions

Summary of international instruments available for trade unions in their campaigns for core labour standards and labour rights;

Focus on multinational enterprises as a focal point for trade union campaigns

International Opportunities for TUInternational Opportunities for TUUN

• UN Declration on Human Rights, Internatonal Convenant on Economic, Social and Cultural rights, the UN GLOBAL compact ILO

• Conventions/recommendations• Supervisory mechanism• FoA• ILO Declaration on Fundamental Workers Rights• ILO Tripartite Declaration on MNEs and Follow-up

OECD• Guidelines on MNEs• TUAC

IMF/WB• SAP’s and PRSP

WTOG8 and regional / bilateral /unilateral initiatives

• Consultations with labour unions and labour rights clausesCSR and private voluntary initiatives

• Codes of conduct• Negotiated instruments• Framework agreements

UN Global Compact (1)UN Global Compact (1)

Shared value for the global market, promoting global citizenship

9 Principles– Human Rights

1. Businesses should support and respect the protection of internationally proclaimed human rights.

2. Make sure they are not complicit in human rights abuses.

UN Global Compact (2)UN Global Compact (2)

- Labour3. Businesses should uphold the freedom of association and the effective

recognition of the right to collective bargaining;4. The elimination of all forms of forced and compulsory labour;5. The effective abolition of child labour; 6. Eliminate discrimination in respect of employment occupation.

- Environment7. Business should support a precautionary approach to environmental

challenges;8. Undertake initiatives to promote greater environmental responsibility; 9. Encourage the development and diffusion of environmentally friendly

technologies.

ILO and the INTERNATIONAL LABOUR CODE

Conventoions

Recommendations

Declarations

ILO Conventions:ILO Conventions:Supervisory MechanismSupervisory Mechanism

For Ratified Conventions– Article 22 Report - Review by CEACR

– Article 24 : Representation

– Article 26 : Complaint

For Non-Ratified Conventions– Article 19(5-e) Report

For Freedom of Association matters– Special procedure through Committee on Freedom

of Association

Annual Reviewon Non-ratified Core StandardsGeneral Survey

ILO Declaration

++

ILO Declaration on Fondamental Principles and Rights at Work

Core labour standards:

- FoA and C.B.

- Discrimination

- Forced labour

- Child labour

ILO Tripartite Declaration on ILO Tripartite Declaration on Principles concerning MNEs Principles concerning MNEs

Adopted in 1977 by GB (amended in 2000) as a voluntary instrument to:– Regulate conduct of MNEs– Define the terms of MNEs relations with host

countries, esp. in labour-related and social issues

Aims for:– Enhancing the positive social and labour effects of

the operations of MNEs

ILO MNE Declaration : Follow-upILO MNE Declaration : Follow-up

A Procedure adopted by GB in 1980 (revised in 1986) as promotional tool to:– provide for the submission of requests for

interpretation in cases of dispute on the meaning/application of its provisions

Survey– The effect given to the principles of the

Declaration is “monitored” through a periodic survey (7th Survey for 96-99)

OECD Guidelines for MNEsOECD Guidelines for MNEs

Adopted in 1976, and reviewed in 2000Guidelines is:

– Recommendations addressed by governments to MNEs

– Voluntary principles and standards for responsible business conduct

Major components: NCP, CIME, and TUAC

OECD Guidelines : 2000 ReviewOECD Guidelines : 2000 ReviewExpanded Coverage

– All core standards, environment performance, human rights, corruption and consumer interests

– Global application, not just in OECD countriesStrengthened National Contact Point (NCPs)

– handle enquiries, assist in solving problems, and report and meet annually on national experiences

– promote Guidelines for effective implementationNew Actor : NGO

IMF/WB

SAPs

PRSP

CSR and private voluntary initiatives

Initiatives undertaken by management

CSR and the process of globalising production (EPZ)

Importance of the image of the company/fragility of markets

CSR and TUCSR is a positive process for TU if:

- Strengthen FoA and the creation of unions- Strengthen C.B- Support organising- Not only comply with the law but it goes beyond

national legislation (socially and ethically responsible to stakeholders/local communities)

- Alliances TU and civil society

Development ofDevelopment ofPrivate Voluntary Initiatives (PVI)Private Voluntary Initiatives (PVI)

As response of global community to the growing power of MNEs

Alternative Trade OrganizationsSocial Labelling (SL)Codes of ConductNew Codes of Conduct (New COC)Framework Agreements (FA)

1970s

1990s

Code of ConductCode of Conduct

Unilateral declaration, mainly for social appealCode of conduct for business

– consumer rights, product safety or environmental protection

– ethical behaviour codes for employees

International instruments to monitor the social responsibility of business– ILO MNE Declaration– OECD Guidelines for MNEs– attempt by UN to set a global code

Note:These are not VPIs!

New Code of ConductNew Code of Conduct

Four Major CharacteristicsPurely private, voluntary initiative (PVI)Response to the situation of poor labour

standards created by the failure of national governments;

international applicationCross-cutting application to suppliers and

subcontractors

Definition of New Code of ConductDefinition of New Code of Conduct

“Commitments voluntarily made by companies, associations or other entities which put forth standards and principles for the conduct of business activities in the marketplace”

(“Workers’ tool or PR ploy?” – by Dr. I. Wick)

Number of New CodesNumber of New Codes

246 codes (June 2000 by OECD study)- 118 by individual companies, 92 by industry and

trade associations, 32 by partnerships between stakeholders and 4 by inter-governmental organizations

- Only 163 mention monitoring- Only 30% mention freedom of association, and

only10.1% refer to ILO codes

Codes of Conduct (issues by Codes of Conduct (issues by frequency)frequency)

Labour Standards 148

Environment 145

Consumers’ Protection 117

Corruption 56

Competition 50

Access to Information 45

Science and Technology 26

Taxation 1

Codes of Conduct: ContentsCodes of Conduct: Contents

Satisfactory Working Environment 75.7

In accordance with the law 65.5

Eliminating Discrimination or sexual harassment 60.8

Compensation 45.3

Prohibition of Child Labour 43.2

Obligations for Suppliers and Sub-contractors 41.2

Prohibition of Forced Labour 38.5

Training 32.4

Working Hours 31.8

Freedom of Association 29.7

Codes of Conduct: Contents (cont.)Codes of Conduct: Contents (cont.)

Specific Mention of Human Rights 25.0

Monitoring 24.3

Right to Information 13.5

Mention of ILO Codes 10.1

Promotion 8.8

Information provided reasonably in advance 3.4

Eliminating Excessive use of Temporary Jobs 3.4

Flexible Relationships in Work Environment 0.7

Certification Systems and Social Quality Labels

ETI (Ethical trade Initiative, UK) FLA (Fair Labour Association, USA) FWF (Fair Wear Foundation, NL) TCFUA (Textile, Clothing and Footwear Union of Australia WRC (Worker Right Consortium, USA) WRAP (Worldwide Responsible Apparel Production, USA) ISEA (Institute of Social Ethical Accountability, UK) FLO (Fair Label Organization, UE) SA8000 (Social Accountability 8000, USA/Europe) Social Accountability Certification for Consumers (Italy) DET Sociale Indeks (Denmark) Label Socialment Responsable (France)

Why New Codes are important for Why New Codes are important for Trade Unions?Trade Unions?

New Codes are on “labour practice”

Most companies adopt COC without involving trade unions So, they can be used as an excuse

for having no union

So, they can be used as an excuse for having no union

Great potential and also danger

Truly applied, codes may establish ILSs as binding international framework for responsible corporate behaviour So, union’s involvement is vitalSo, union’s involvement is vital

Negotiated agreements and global labour relations

Framework agreements negotiated between:Framework agreements negotiated between:

Global union Federations (GUFs) and MNEsGlobal union Federations (GUFs) and MNEs

Framework AgreementsFramework Agreements

“An agreement negotiated between an MNE and an international trade union organization (such a GUFs) concerning the international activities (or behaviour)of the company”

Main purpose of framework agreements is to establish an ongoing relationship between the MNE and the GUFs to frame “principles” of industrial relations and good labour practices

Major Framework AgreementsMajor Framework AgreementsIUF

- Danone (1988), Accor hotel group (1995), Nestle (1996), Del Monte (2000) and Chiquita (2001)

IFBWW- Ikea (1998), Faber-Castell (2000), Hochtief (2000)

ICEM- Statoil (1998), Freudenberg (2000)

UNI- Telefonica (2000), OTE (2001), Carrefour (2001)

Codes of conduct and FACodes of conduct and FA

Codes of Conduct International Framework Agreements

Unilateral actions Negotiations between workers and management

Not all Core Labour Standards are necessarily acknowledged

All Core Labour Standards are explicitly acknowledged

Rarely address suppliers Usually include suppliers

Monitoring, when envisaged, is under the management’s control

Unions are called to participate in the implementation process

Feeble basis for dialogue Strong basis for dialogue between unions and management

Three Important Aspects for CoC Three Important Aspects for CoC and FAand FA

Capacity of GUFs to engage in F.A. or Codes of conduct with a large number of MNEs

Capacity of MNEs to control subcontractors or supply-chains

Practical applications (implementation) of F.A.and codes of conduct

Regional Economic Agreement

National Labour Relation / Tripartite

Committees

ILO Tripartite Declaration on

MNCs

International InstrumentsInternational InstrumentsInternational

National

Private Public

ILO Declaration on F.P.R.W.

Framework Agreements

Code of Conducts

Social Labelling

Labour Legislation

CFAILCs

UN Global Compact

OECD Guidelines for MNCs

Policy and Strategy for T.U.Policy and Strategy for T.U.

Set up institutional mechanisms and capacities to fully utilize all the available international instruments– Regular reporting– Complaints procedures in case of violation– Multilateral approaches to problem-solving

Importance of International, Regional, and Sub-regional trade union networks/IT and communication systems

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