Title: International Instruments for Protection and Promotion of Workers’ Rights in the Era of Globalization
1International Instruments for Protection and
Promotion of Workers Rightsin the Era of
Globalization
2Points for Discussions
- Summary of international instruments available
for trade unions in their campaigns for core
labour standards - Focus on multinational enterprises as a focal
point for trade union campaigns
3International Instruments
- ILO
- Conventions and supervisory mechanism
- ILO Tripartite Declaration on MNEs and Follow-up
- OECD
- Guidelines on MNEs
- UN
- GLOBAL compact
- Private voluntary initiatives
- Old code of conduct
- New code of conduct
- Framework agreements
- Policies and Strategies for Trade Unions
4ILO ConventionsSupervisory 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
5ILO 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
6ILO 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)
7OECD Guidelines for MNEs
- Adopted in 1976, and reviewed in 2000
- Guidelines is
- Recommendations addressed by governments to MNEs
- Voluntary principles and standards for
responsible business conduct - Major components NCP, CIME, and TUAC
8OECD Guidelines 2000 Review
- Expanded Coverage
- All core 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
- New Actor NGO
9UN 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.
10UN 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.
11Development ofPrivate Voluntary Initiatives (PVI)
- As response of global community to the growing
power of MNEs - Alternative Trade Organizations
- Social Labelling (SL)
- Codes of Conduct (COC)
- New Codes of Conduct (New COC)
- Framework Agreements (FA)
1970s
1990s
12Code of Conduct(old)
- Unilateral declaration, mainly for social appeal
- Code of conduct for business
- consumer rights, product safety or environmental
protection - ethical behaviour codes for employees
- Code of conduct for international business
- ILO MNE Declaration
- OECD Guidelines for MNEs
- attempt by UN to set a global code
NoteThese are not VPIs!
13New 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 and of international community - international application
- Cross-cutting application to suppliers and
subcontractors
14Definition 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)
15Number 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
16Codes of Conduct (issues by frequency)
17Codes of Conduct Contents
18Codes of Conduct Contents (cont.)
19Certification 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)
20Why 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, unions involvement is vital
21Some Questions to be Considered
- Can codes really promote freedom of association
and collective bargaining? - Should national trade union organizations
negotiate codes with MNEs? - Should trade unions be responsible for
implementation/monitoring of codes? - What are credible systems of verification?
22Framework 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
23Major 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)
24Codes of conduct and FA
25Points for Observations of F.A./CoC
- Substance (reference to core labor standards)
- Participation (trade unions / social actors)
- Social responsibility (production chains)
- Independent verification
- Complaint and appeals (dispute settlement)
- Incentives (sanctions)
26Three Important Aspects for CoC and 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 in regions, countries
and local communities
27International 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
28Policy 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
29PROGRAMME FOR WORKERS ACTIVITIES OF THE ILO
TURIN CENTRE(ACTRAV) WWW.ITCILO.IT/ACTRAV