International Instruments for Global Trade Union Campaigns - Development of Framework Agreements -

1. International Instruments forGlobal Trade Union Campaigns- Development of Framework Agreements - National Follow-up and Evaluation Seminar forTrade Unions in the Philippines 5 - 7 September 2001: Manila

2. Points for Discussions • Summary of international instruments available for trade unions in their fight for core labour standards for all; • Focus on “Framework Agreements” as the latest trend in global trade union campaigns; • Exercise 1: Practical utilization of instruments • Exercise 2: Comparison of major F.A.

3. Challenge Today • Mission : From “Social Exclusion” to “Social Inclusion” - social justice with stability, sustainability and predictability • What’s Needed? : To reach people (workers), securing rights and protection for all • How? : By using all means available, taking integrated approach, not exclusive approach

4. Fundamental Prepositions... • Now, there exist more global consensus on the needs for integrating social dimensions into the process of globalization • To achieve the objective, all the social players concerned, both international and national, must work together, co-ordinating their roles and functions

5. Summary of International Instruments International ILCs ILO Tripartite Declaration on MNCs Framework Agreements 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 Committee Labour Legislation National

6. ILO Conventions: Supervisory • For Ratified Conventions • Article 22 : Reporting - Review by CEACR • Article 24 : Representation • Article 26 : Complaint • For Non-Ratified Conventions • Article 19 : Report • For Freedom of Association matters • Special procedure by Committee of F.A. Global Report ILO Declaration Annual Review General Survey

7. ILO MNE Declaration  : Background • 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

8. 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. (7th Survey for 96-99 reported in Mar.)

9. OECD Guidelines  : Background • 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: NCPs, CIME, and TUAC

10. OECD 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

11. Development ofPrivate Voluntary Initiatives • Codes of Conduct (COC) • New Codes of Conduct (New COC) • Framework Agreements (FA) • Social Labelling (SL) • Possibility of “Global Works Council”

12. Code of Conduct…(old?) • 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 Note:These are not VPIs!

13. New Code of Conduct • 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

14. Why New Codes are important? New Codes are about “labour practice” Great potential and 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

15. Some Questions to be Considered • Should national trade union organizations negotiate codes with MNEs?

16. Framework Agreements “An agreement negotiated between a multinational company and an international trade union organization (such as an ITS) 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 ITS to set up “principles” of labour relations

17. Subject matters and details of Framework Agreements vary

18. Points for Observations • Substance • Participation • Social responsibility in production chain • Independent verification • Complaint and appeals • Incentives (sanctions)

19. What is “Framework Agreements”