Regional trends on ILS: overview on ratification and implementation of the ILO Conventions

1. Regional trends on ILS: overview on ratification and implementation of the ILO Conventions S. Tugschimeg SRO-BKK

2. Standards: facts and figures • 7211 ratifications by 11 of May 2004 • 1225 ratifications of fundamental Conventions (87 % of universal ratification, AP 62 %) • 103 ILO Members states ratified all, 30 – 7/8 • Asia Pacific: 5 out of 30 ratified all (Fiji, Indonesia, Macau SAR, PNG and Sri Lanka) • Asia Pacific – gap with the world > 30 % C. C. Nos. 105, 87, 111 • The CEACR and its secretariat examined more than 2,500 report during last session in December 2003

3. Sharply increasing interest in fundamental Conventions • The resolve of the international community to adopt minimum labour standards in globalizing economy • The resolve of the sovereign states to break with a past marked by human-rights abuses, political repercussions and shift to free market economy • More prominent social dimension of trade liberalization and response from private sector

4. FPRW Opportunities • Democratization (e.g. Indonesia) • Trade opportunities (e.g. Cambodia) • Political credentials (e.g. East Timor) • Commitment of the international community (e.g. Nepal, ADB Social Protection Strategy)

5. FPRW Threats • Logic of competition prevails over employment security, resulting in privatization, subcontracting and casualization of work • Rights-based approach = re-allocation of power : too much political insecurity for pluralism ? • Independence movements • Rejection of the « Western model », depicted as conflictual and with a strong emphasis on the individual

6. FPRW Weaknesses • « Rule of Law » tradition only developing : limited engineering role for legislation in short term, limited assertiveness to make it work • Chronical underresourcing of FPRW « entry point », i.e. labour administrations • Knowledge gap : inadequate mechanisms to monitor FPRW both in terms of • Quantitative : data gathering • Qualitative : policies, institutions and their effectiveness • Advocacy gap : role of FPRW in formalizing the informal economy, eradicating poverty of opportunity and promoting employability instead of employment security is not sufficiently documented

7. FPRW Strengths • Collective resolve of sovereign states : increased technical assistance (e.g. TBPs) and acceptance of IFIs • Unilateral attempts to use trade preferences as a lever (e.g. Cambodia) • Private rejection of goods produced under perceivably sub-standard conditions

9. Ratification of fundamental Conventions by selected countries in Asia Pacific as of 17 of May 2004

10. Ratification record of ILO Conventions • World average - 40 • Asia Pacific average - 27 • ASEAN average - 17

11. Application of the ILO fundamental Conventions: Freedom of association and right to collective bargaining Least ratified: from general reluctance to apply to crude violations • Division of trade unions (Malaysia, Thailand) • Application limited to formal sector or private sector • Broad criteria for ineligibility to hold a union office (Cambodia) • Minimum membership requirements (Philippines – 20 workers) • Lack of protection against acts of anti-union discrimination • Limited application of right to collective bargaining (“pioneer” industries in Malaysia, public interest in Singapore) • Severe restrictions on right to strike • prior authorization, • broad definition of essential services • Disproportionate sanctions for participation in strikes • Interventionist dispute settlement procedures

12. Forced and compulsory labour • C. 105 is less ratified than C. 29 due to the direct relationship to the free exercise of political rights and civil liberties • Malaysia and Singapore denounced C. 105 • Grave violations of the C. 29 by Myanmar • Persistent resort to forced labour by the military regime • Investigation of Commission of Inquiry based on the complaint in 1996

13. Forced labour: application problems • Provision in law for forced labour as a sanction for participating in strikes – often rooted in broad definition of essential services • As a sanction for exercise of political rights and civil liberties • Forced prostitution and trafficking, forced child labour – small number of prosecutions, lack of information on convictions • Absence of regulations for management of orderly migration • Forced labour of children on fishing platforms

14. Elimination of discrimination in employment and occupation • Improved ratification record • 11 ratifications since 1997 • C. 100 recorded more ratifications than C. 111 • Although principle recognized in law, application needs improvement • Legislation covers selected prohibited grounds (political opinion and national extraction are not covered in Vietnam) • Does not extend to all terms and conditions of employment • Not always supported by consistent national policy • Principle of “equal pay for work of equal value ” is not explicitly reflected in the legislation or applied mechanically • Lack of social dialogue • General lack of statistical information, information of wage-fixing machinery, actual remuneration gaps and enforcement measures

15. Abolition of child labour Spectacular progress with ratification • 87 ratification of C. 138 since 1997 • 148 ratifications of C. 182 since 1999 • However, limited application in the informal economy (self-employed, domestic workers, work outside clear empl. relationship) • Failure to determine light work (definition, admission comditions) • lack of direct conection with the compulsory education • Lack of capacity and structures to enforce the apaplication in informal sector • Lack of tripartite consultations

16. Ratification prospects • China – consideration of C. 111, interest in C. 29 and C. 105 • Cambodia – C. 182 • Lao PDR – moderate interest in C. 138, C. 182 • Malaysia – no active consideration • Mongolia - active consideration of C. 29 and C. 105 • Thailand – active consideration of C. 138, interest in C. 111, 87, 98 • Vietnam – active consideration of C. 29 and C. 105