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Points for Discussions

International Instruments for the Protection and Promotion of Workers’ Rights in a Globalized Economy. Points for Discussions. Summary of international instruments available for trade unions and their campaigns for core labour standards and workers’ rights;

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Points for Discussions

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  1. International Instruments for the Protection and Promotion of Workers’ Rightsin a Globalized Economy

  2. Points for Discussions • Summary of international instruments available for trade unions and their campaigns for core labour standards and workers’ rights; • Focus on multinational enterprises as a focal point for trade union campaigns • Local/International actions

  3. International Opportunities for TU UN • 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 WTO G8 and regional / bilateral /unilateral initiatives • Consultations with labour unions and labour rights clauses CSR and private voluntary initiatives • Codes of conduct • Negotiated instruments • Framework agreements

  4. UN Global Compact (1) • Shared value for the global market, promoting global citizenship • 10 Principles • Human Rights 1. Businesses should support and respect the protection of internationally proclaimed human rights. 2. Make sure they are not complicit in human rights abuses.

  5. UN Global Compact (2) - Labour 3. Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining; 4. The elimination of all forms of forced and compulsory labour; 5. The effective abolition of child labour; 6. Eliminate discrimination in respect of employment occupation. - Environment 7. Business should support a precautionary approach to environmental challenges; 8. Undertake initiatives to promote greater environmental responsibility; 9. Encourage the development and diffusion of environmentally friendly technologies. • Corruption 10. Businesses should work against corruption in all its forms, including extortion and bribery

  6. UN Global Compact (3) Role of trade Unions: • Check the reports of the MNEs sent to the Global Compact and use it for their local/global trade union work

  7. ILO and the INTERNATIONAL LABOUR CODE • Conventoions • Recommendations • Declarations

  8. ILO Conventions:Supervisory 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 ILO Declaration Annual Reviewon Non-ratified Core Standards + General Survey

  9. ILO Declaration on Fondamental Principles and Rights at Work • Core labour standards: • FoA and C.B. • Discrimination • Forced labour • Child labour

  10. ILO Tripartite Declaration on 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

  11. ILO 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

  12. ILO and the role of T.U. • National legislation ; defending workers by ratifying ILO conventions • Monitoring; role of TU in the ILO supervisory mechanism • Use ILO instruments for shaping agreements at various level.

  13. OECD Guidelinesfor MNEs • Adopted in 1976, and reviewed in 2000 • Guidelines, major features: • Recommendations addressed by governments to MNEs, not legally binding • comprehensive set of rules, multilaterally endorsed, that governments are committed to promoting and recommend to MNEs • Voluntary principles and standards for responsible business conduct • Major components: NCP, CIME (Committee on International Investment and Multinational Enterprises) , and TUAC/BIAC

  14. OECD Guidelines : 2000 Review • Expanded Coverage • All core labour standards, environment performance, human rights, corruption and consumer interests • Global application, not just in OECD countries • Strengthened National Contact Point (NCPs) • handle enquiries, assist in solving problems, and report and meet annually on national experiences • promote Guidelines for effective implementation

  15. OECD Guidelines : content • The Guidelines consist of ten chapters covering most aspects of company behaviour: • Concepts and Principles, • General Policies, • Disclosure, • Employment and Industrial Relations, • Environment, • Combating Bribery, • Consumer Interests, • Science and Technology, • Competition and (10) Taxation.

  16. OECD Guidelines : application • The Guidelines apply to MNEs operating in or from: • the 30 OECD member countries, plus currently nine non-OECD members: Argentina, Brazil, Chile, Estonia, Israel, Latvia, Lithuania, Romania and Slovenia. • Guidelines also apply to these companies’ operations worldwide.

  17. Role of TU • OECD guidelines as a basis of codes of conduct • Use of the NCP to support national trade union actions • Consult TUAC; it has 56 affiliates in the OECD member countries and represents about 66 million workers. It works closely with the other international trade union organizations.(http://www.tuac.org)

  18. IMF/WB Introducing Core Labour Standards in: • SAPs / PRSP • Regional agreements

  19. CSR and private voluntary initiatives • Initiatives undertaken by management • CSR is related to the process of globalising production (EPZ) • Importance of the image of the company/fragility of markets

  20. Development ofPrivate Voluntary Initiatives (PVI) As response of global community to the growing power of MNEs • Alternative Trade Organizations • Social Labelling (SL) • Codes of Conduct • New Codes of Conduct (New COC) • Framework Agreements (FA) 1970s 1990s

  21. Code of Conduct • Unilateral declaration, mainly for social appeal • Code of conduct for business • consumer rights, product safety or environmental protection • ethical behaviour codes for employees • International instruments to monitor the social responsibility of business • ILO MNE Declaration • OECD Guidelines for MNEs • attempt by UN to set a global code Note:These are not VPIs!

  22. New Code of Conduct Four Major Characteristics • Purely private, voluntary initiative (PVI) • Response to the situation of poor labour standards created by the failure of national governments; • international application • Cross-cutting application to suppliers and subcontractors

  23. Definition 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)

  24. Number 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

  25. Why New Codes are important for Trade Unions? New Codes are on “labour practice” Great potential and also danger Most companies adopt COC without involving trade unions So, they can be used as an excuse for having no union Truly applied, codes may establish ILSs as binding international framework for responsible corporate behaviour So, union’s involvement is vital

  26. CSR and TU • CSR could be a positive process for TU if: - Strengthen FoA and the creation of unions • Strengthen C.B • Support organising • Not only comply with the law but it goes beyond national legislation (socially and ethically responsible to stakeholders/local communities) • Alliances of TU and civil society

  27. Negotiated agreements and global labour relations • Framework agreements negotiated between: Global union Federations (GUFs) and MNEs

  28. Framework 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

  29. Framework Agreements (2) • Implement Core Labour Standards; • Apply “Decent working conditions”; • Apply environmental standards;

  30. Major Framework Agreements • IUF- 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)

  31. Codes of conduct and FA

  32. Important Aspects for FA • Capacity of GUFs to engage in F.A. with a large number of MNEs • Monitoring F.A. • Capacity of MNEs to control subcontractors or supply-chains • Extension of EWC versus GWC and strategic alliances between European Trade Unions and GUFs. • Agreements between MNEs and GUFs for the implementation of monitoring of FA

  33. International Instruments International ILCs Framework Agreements ILO Tripartite Declaration on MNCs UN Global Compact CFA ILO Declaration on F.P.R.W. OECD Guidelines for MNCs Code of Conducts Social Labelling Regional Economic Agreement Public Private National Labour Relation / Tripartite Committees Labour Legislation National

  34. Policy and Strategy for T.U. • Set up institutional mechanisms and capacities to fully utilize all the available international instruments • Regular reporting • Complaints procedures in case of violation • Multilateral approaches to problem-solving • Importance of International, Regional, and Sub-regional trade union networks/IT and communication systems • Networking / SoliComm portal http://www.solicomm.net/

  35. PROGRAMME FOR WORKERS’ ACTIVITIES OF THE ILO TURIN CENTRE(ACTRAV)WWW.ITCILO.IT/ACTRAV ACTRAV-Turin

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