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A3-50567 ITCILO-ACTRAV Trade Union Training on FOA/CB. The ILO Declaration of 1998 on Fundamental Principles and Rights at Work 5 – 10 July 2004: Bangkok, Thailand. Context: Globalization. Economic globalization “speeds up” World trade FDI, financial flows Technology
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A3-50567 ITCILO-ACTRAV Trade Union Training on FOA/CB The ILO Declaration of 1998 on Fundamental Principles and Rights at Work 5 – 10 July 2004: Bangkok, Thailand
Context: Globalization • Economic globalization “speeds up” • World trade • FDI, financial flows • Technology • Global production system and MNE’s • Change in the political environment • Break down of the East Block • Market Economy widely accepted model • Political decisions foster international trade • Decision making transferred to the international level
Concerns • Declining economic growth per capita • Unemployment, informal economy • Inequality and poverty • Financial crisis • Democratic deficit of international institutions • Lack of public supervision and accountability of international/national institutions • Lack of respect for international commitments
Challenge: Social dimension • Economic, social and environmental sustainability • Socio – economic floor for the global economy • Raising the welfare for all people • Economic growth in poor countries • Poverty reduction • Reduction of unemployment • Reduction of inequality within and between countries • Socio-economic security
History / Road to the Declaration • 1919 ILO Constitution (Treaty of Versailles) • 1944 Declaration of Philadelphia • 1995 Social Summit – Copenhagen • 1996 WTO Singapore Ministerial Meeting • 1996 OECD Study on Labour Standards • 1998 Declaration on FPRW • 1999 Decent Work Agenda
1998 Declaration contents • Preamble - Key messages of ILO Constituents • Declaration of constitutional obligations • Constitutional obligation to work towards the objectives of the ILO includes to respect, promote and realize principles concerning the fundamental rights … • Clarify relationship to ILO Conventions • These constitutional principles and rights have been expressed and developed in form of specific rights and obligations in Conventions recognized as fundamental inside and outside the organization • Obligations of the ILO • Follow up
Key message on FPRW • FPRW shall establish the link between social progress and economic growth • Guarantee of FPRW: Enabling rights to claim freely and on the basis of equality of opportunity their fair share of what they have helped to generate, and to achieve fully their human potential
Fundamental Conventions • freedom of association and the effective recognition of the right to collective bargaining; • Convention No. 87 and Convention No. 98 • the elimination of all forms of forced or compulsorylabour; • Convention No. 29 and 105 • the effective abolition of child labour; and • Convention No. 138 and 182 • the elimination of discrimination in respect of employment and occupation. • Convention No. 111 and 100
ILO obligation • assist Member States in response to their established and expressed needs by • making full use of its resources and • mobilizing external resources as well as • encouraging other International Organizations to support national efforts • To support national efforts to • Ratify and implement fundamental Conventions • or to respect, promote and realize the principlesconcerning fundamental rights • Create a climate for socio-economic development
Declaration Follow-up September January March June November Annual review (non-ratifying countries Countries that have not ratified one or more fundamental Conventions send reports to the ILO each year. The Office prepares a compilation. ILO Declaration Expert-Advisers (IDEA) Seven-member independent group reviews the Office compilation of annual reports and prepares an introduction Governing Body (GB) Tripartite discussion of compilation and introduction to the review of annual reports Governing Body draws conclusions from March GB and June ILC discussions to identity priorities and plans of action for technical cooperation. Promotion of fundamental principles and rights at work through technical cooperation ILO and others support country efforts to realize Fundamental Principles and Rights at Work.l Organizations of employers and workers can provide comments Governments send copies of reports to organizations of employers and workers C 144 • Global Report (covering ratifying and non-ratifying countries) • Each year, the Director-General prepares a report on one category of fundamental principles and rights. The purpose of the report is to: • provide a dynamic global picture for each set of fundamental principles and rights; • serve as a basis for assessing the effectiveness of the assistance provided by the ILO; • assist the Governing Body in determining priorities for technical cooperation Tripartite discussion of Global Report at International Labour Conference (ILC).
Excurse: C 144 • Obligation to consult • On Government replies to questionnaires concerning items on the agenda of the ILC • re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given • Nature of Consultation • Beyond mere information, but does not imply co-decision/consensus • Parties remain autonomous and the Government responsible • Effective (prior full information) • Representative organization • The most representative organisations • Not necessarily the largest • Must enjoy the right to freedom of association
Annual Review: Non-ratified fundamental Conventions • Review of efforts made to give effect to the Declaration by Members who have not ratified all fundamental Conventions • Covers all four subjects of FPRW each year • Modalities: • Art. 19 Gvt reports • Art. 23 Workers and Employers may comment • Review by CEX and GB
Global Report • Global Reports shall provide: • global trends and current developments in the realisation of these principles and rights; • basis for assessing the effectiveness of the assistance provided by the ILO; and • basis for determining future priorities for technical cooperation • Based upon official information, research, Art. 19 and 22 Reports
ILO InFocus Programme • The ILO has created a special unit to carry out the work of the Declaration, whose role is to: • promote the Declaration as widely as possible; • catalyse relevant technical cooperation activities and advisory services; • write and compile the reports; and • conduct the research required to inform the reports and the technical cooperation work. • design and supervise projects not handled by other ILO units
Information on FPRW • Reports under the follow-up • Annual Review • Global Reports • Priorities and Action Plan Research / Training • CEACR / CCAS Report • CFA cases • Complaints / Representations