ITUC International Labour

StandardsHTUR Department

Mandate and Action plan

Nadine ThevenetNov. 2009

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Presentation Plan

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• ITUC Human and Trade Union Rights (HTUR) Department • Mission• Structure• Mandate and action Plan

• International Labour Organisation (ILO), the International Labour Standards (ILS) and the Supervisory Mechanisms

ITUC HTUR Work

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• During the ITUC Vienna Congress in 2006 the promotion of Human and Trade Union Rights (HTUR) was set as one of the key objectives of the ITUC as a precondition for social justice

• The ITUC HTUR Department mission is to:• ensure the respect of fundamental trade union rights (the

right to organise in a trade union, the right to collective bargaining) as guaranteed by the Conventions (C87 and C98) of the International Labour Organisation (ILO)

• take action against other labour rights violations without distinction in all countries, and other violations of human rights especially where these affect working people

Contact: tur@ituc-csi.org For further information see

http://www.ituc-csi.org/spip.php?rubrique9

ITUC HTUR Department

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• 6 staff including Steve Benedict (director), a dept. assistant and 4 HTUR officers• Responsibility per region / HTUR Networks

• Asia Pacific and Middle East

• Africa

• Americas

• Europe and North Africa

• ILO Work

• Annual Survey of Violations

• Thematic campaigns

• HTUR Committee

HTUR Committee

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• Vienna Congress called upon affiliates to coordinate their efforts concerning international cooperation and to maintain a HTUR Committee

• Mandate: • To oversee and guide ITUC HTUR work

• To report to ITUC General Council

• To ensure regional participation

Last meeting in Berlin in October 2009

HTUR Action Plan

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• Human and Trade Unions Rights Commitee

• HTUR Networks• Solidarity actions• Annual Survey of Violations of Trade

Unions Rights• Countries at risk • Thematic campaigns• ILO Standards and Supervisory

Mechanisms• Training

HTUR Networks

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• Created at regional level (4 regions) and supported at international level by a Global HTUR Network and accountable to regional structures– One for the PERC countries – CTUA contact

person: Elen Manaserian

• Composed by HTUR and legal experts from each affiliated organisation

• Exchange of experiences and good practices• Building capacities and increase cooperation • Monitor HTUR issues within the region and exchange

information• Launch and participate to the HTUR actions

– Letters of protest and appeals– Input to the Annual Survey– Thematic campaigns

• Expertise and technical assistance– Advise affiliates during the adoption of new legislation

PERC HTUR Networks

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• Lunch in September 2009 during the PERC Summer School

• Around 50 members from PERC– Legal advisors and/or members of international

dept.– CTUA contact person: Elen Manaserian

• Focus on HTUR issues within the region

• Work in relation with PERC and the ITUC sub regional offices in Moscow, Vilnius and Sarajevo

• Objective is to increase cooperation and solidarity– Exchange of information• PERC Newsletter– Subregional activities– Increase participation to HTUR activities such as

solidarity actions, campaigns and Annual Survey

Campaigns, protest letters and appeals

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International solidarity actions to support those whose rights are under attack by publicising violations, to bring public pressure on those responsible and on those violating workers’ rights, and to put pressure on governments and employers to redress

• Protest letters sent to governments and employers (see http://www.ituc-csi.org/spip.php?rubrique91 )

• Appeals – asking our networks to send letters to governments and employers

• Request for intervention of the ILO Director General in case of severe violation of rights provided in C87/C98– Facts must be serious and require an urgent intervention

• Campaigns– Country campaigns - n case of crisis / countries at risk

» Iran (Iran’s day), Zimbabwe (ILO commission of enquiry), Burma (companies’ in Burma DB) etc

» Follow-up, support affiliates, work with NGOs (Amnesty),

– Thematic campaign: Forced labour

Annual Survey

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• Assessment of respect and denunciation of violations of TURs: Focus on the right to organise, right to collective bargaining, right to strike in law, in practice and the related violations• Overview per country of the TUR legal framework (principles and

restrictions) – Armenia is not yet in the Annual Survey• Highlighting of the effective TURs’ implementation, underlining the

main hurdles as well as administrative and judicial systems deficiencies

• An ITUC annual worlwide report• Annual Launch – when possible during the International Labour

Conference in Geneva• Covering 145 countries• Source of information: affiliates’information and media

• Major ITUC publication and media tool– A working instrument for the ITUC and all affiliates– Revision in progress: developments of a database to enable

further analysis, « statistics » and transversal reports for which there is a need for comparable and historical data

– Format: online, printed and USB

Annual Survey - Changes

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• Update of the information• New laws

• 2009 violations

• Structuring of the information• To enable further data research and analysis

• To identify trends

• Online tools• Development of a database

• Future online version

Training

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• Create awareness and better understanding on issues related to HTUR

• Enhance affiliates' understanding and contribution to the ILO standards setting and supervisory mechanisms and follow-up with training session on specific ILO topics– International labour standards

– Supervisory mechanisms

… in relation with the ILO Turin Center

ILO General Presentation

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• ILO - Structure

• International Labour Standards

• ILO Supervisory Mechanisms

• ITUC’s ILO work

International Labour Organization

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• Founded in 1919, the International Labour Organisation (ILO) is only tripartie United Nation (UN) agency

– It brings together representatives of governments, employers and workers to jointly shape policies and programmes

– The tripartite structure enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussion and the process of decision-making

• It has 183 member States – Armenia became an ILO member in 1992

• Its aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues

• The ILO is responsible for drawing up and overseeing international labour standards (ILS)

ILO Structure

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4 delegates per member State

International Labour Conference

Governing Body

International Labour Office

1 workers’ delegate

1 employers’ delegate

2 governments delegates

14 workers’ representatives

14 employers’ representatives

28 governments representatives

ILO means of action

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• Standard setting and supervision– Setting of international labour standards (ILS) adopted

by the International Labour Conference• International minimum standards

– Supervision of member States application of ILS

• Technical cooperation– Promotion of the objectives established by ILS

• Research and information– Ratification campaigns

» Contacts: ILO Office in Moscow

International Labour Standards

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• Conventions and Recommandations – See ILOLEX http://www.ilo.org/ilolex/english/convdisp1.htm

– 186 Conventions• international treaties which when ratified, are legally binding, if

not ratified, represent legal objectives and influence national legislation

• technical or promotional– Around 200 recommandations• not open to ratification and not legally binding• provide technical or general guidelines for national policy and

practice• The 8 ILO Fundamental Convention

– According to the ILO Declaration on Fundamental Principles and Rights at Work, 1998, all ILO member States, irrespective of the ratification of these Conventions, have an obligation to respect the principles they set out

Fundamental Labour Standards

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• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

• Forced Labour Convention, 1930 (No.29)

• Abolition of Forced Labour Convention, 1957 (No. 105)

• Equal Remuneration Convention, 1951 (No. 100)

• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

• Minimum Age Convention, 1973 (No. 138)

• Worst Forms of Child Labour Convention, 1999 (No. 182)

• Priority Conventions

C87 and C98 – Fundamental trade union rights

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• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - The main points include: – The right of employers and workers, without distinction

whatsoever, to establish and join organizations – The right to establish organizations without previous authorization– The right of workers and employers to establish and join

organizations of their own choice – The right of workers and employers to draw up their constitutions

and rules, to elect their representatives in freedom and to organize their administration and activities

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)– Protection against acts of anti-union discrimination – Protection against acts of interference – Promotion of collective bargaining

• Right to Strike– Recognized by the ILO as a legitimate right which mayb be used

by workers and their organisations to defend their economic and social interests

ILO Supervisory Mechanisms

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• Regular system of supervision

– Reporting obligation of ratified conventions of ILO member States’

• Every 2 years for fundamental and priority Conventions

• Every 5 years for other Conventions

– Report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR)

– Report examined and discussed by the Tripartite Conference Committee on the Application of Standards (CAS)

• Special system of supervision

– Against a member State (even if they have not ratified the Convention concerned) in case of specific allegations of violations

– Committee on Freedom of Association (CFA) set up in 1951

ILO Committee on the Freedom of Association (CFA)

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• Any representative group of workers can file complaints with the CFA– Only facts for related to non-respect of the conventions 87

and 98

Against a member State even if the country concerned has not ratified the said conventions (Declaration 1998)

• Each complaint is filed against a State. In no case a complaint can be filed against a workers’ or employers’ organisation or a company– Sent by post to the ILO Director General (please put the ITUC

in copy of the complaint)– Each complain gets an ILO registration number– Essential to follow up the complaints filed and to respond to

the ILO requests for additional information if any– Possibility to submit complementary information

• The Committee meets three times a year (in March, June and November). Complaints, however, can be filed all during the year

DO NOT HESITATE TO CONTACT THE ITUC HTUR Dept.

• Monitoring and control on application

– Contribution to the ILO Supervisory Mechanisms

• Submissions to Committee of Experts on the Application of Conventions and Recommandations (CEACR) (derived from the Annual Survey of violations of trade union rights)

• Support to affiliates in the writing of their comments (to be sent to the ILO – deadlines 31/08, please put the ITUC in copy) and during the CAS

• Comments on Governments' Reports to the CEACR

• Complaints to the Committee of Freedom of Association• Submit complaints

• Support to affiliates in their complaints

– Participation in ILO standards setting

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ITUC input to ILO work

Thank you for your attention and never hesitate to contact us

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Contact details:

ITUC HTUR Department

Boulevard du Roi Albert II 5, B 1, 1210

Brussels, Belgium

Email: turights@ituc-csi.org

Tel (direct): 00 32 2 224 03 04