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Education International

Education International. Introduction to international trade union rights standards. Structure of the presentation. Building national alliances Using international mechanisms to influence Governments Macedonia – seeking representation Bulgaria – defending the right to strike

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Education International

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  1. Education International Introduction to international trade union rights standards

  2. Structure of the presentation • Building national alliances • Using international mechanisms to influence Governments • Macedonia – seeking representation • Bulgaria – defending the right to strike • Poland – ensuring non discrimination • Q&A

  3. Building national alliances • Teacher organisations speaking with one voice • Building alliances • Student and parent associations; Academics • Other trade union organisations; CSOs and NGOs • MPs and Parliament Commission • Personalities • Media • Legal processes (Georgia and Indonesia) • Audiences with IMF and WB • International Supervisory Machinery >>>

  4. International Supervisory Mechanisms • ILO >>> • CEART • UN HRC • Council of Europe

  5. International Labour Organisation • Tripartite Organisation • Norm setting institution >>> • Name and Shame • Monitoring Process

  6. Universal Instruments • International labour standards are universal instruments adopted by the international community and reflecting common values and principles on work-related issues. • The ILO has always considered that trade union rights, like other basic human rights, should be respected no matter what the level of development of the country concerned. • From the outset in 1919, the Constitution of the ILO has affirmed the principle of freedom of association. Without freedom of association, the concept of tripartism that the Constitution of the ILO enshrines in its own structures would be meaningless.

  7. ILO Declaration of Fundamental Principles and Rights at work • Adopted in 1998, the ILO Declaration on Fundamental Principles and Rights at Work, focuses on four priority areas: • freedom of association and the effective recognition of the right to collective bargaining (Conventions 87 and 98) • the elimination of discrimination in respect of employment and occupation (Convention 100 and 111) • the effective abolition of child labour (Conventions 138 and 182) • the elimination of each form of forced or compulsory labour (Conventions 29 and 105)

  8. C87 Freedom of Association • Allows workers and employers to establish and join organisations of their own choosing without prior authorisation. • Such organisations have the right to draw up their Constitution and rules, to elect their representatives, to organise their administration and activities and to formulate their programmes. • The convention establishes that the public authorities are not allowed to intervene in the conduct of the internal affairs of the organizations. • Workers’ and employers’ organisations have ‘the right to establish and join federations and confederations’. • Countries take the appropriate measures “to ensure that workers and employers may exercise freely the right to organise”.

  9. C98 Right to Organise and Collective Bargaining • All workers should “enjoy adequate protection against acts of anti-union discrimination in respect of their employment”. • The right to bargain freely with respect to conditions of work constitutes an essential element in freedom of association. • Trade unions should have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those who they represent. • All public service workers should enjoy collective bargaining rights, and priority should be given to collective bargaining to settle disputes arising in connection with the determination of terms and conditions of employment. • It is also important that both employers and trade unions bargain in good faith and make every effort to reach an agreement.

  10. C98 Right to Collective Bargaining

  11. C100 Equal Remuneration • Ensures ‘the application to all workers of the principle of equal remuneration for men and women workers for work of equal value’. • In other words, the Convention guarantees equal salary for work of equal value and any additional benefits to every worker without discrimination based on gender or any other reason.

  12. C111 Discrimination (Employment and Occupation) • Requires that each country that ratifies the Convention ‘undertakes to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination.’

  13. Ratification of ILO Convention 98 • ILO Convention 98 was adopted in 1949 and came into force in 1951 • Ratified by 160 countries, including most countries in Central and Eastern Europe

  14. ILO Supervisory mechanisms • Follow-up Mechanisms of the ILO Declaration on Fundamental Principles and Rights at Work 2010: child labour 2011: non discrimination 2012: freedom of association 2013: forced labour • The Committee on Freedom of Association (CFA) • The Committee of Experts (CoE) • Conference Committee on the Application of the Standards • Request for a direct intervention by the ILO Director General

  15. Reporting in 2010 • Serbia (requested) • Bulgaria (2009 now received) • Croatia (2009 now received) • Czech Republic (2009 received) • Latvia (received) • Lithuania (received) • Macedonia (received) • Montenegro (received) • Poland (received) • Romania (received) • Russia (received) • Slovenia (received) • Ukraine (received) • 2011 • Bulgaria • Croatia • Czech Republic • Cyprus • Hungary

  16. ILO Committee of Experts - Bulgaria • C87: the Committee requests amendments to section 47 of the Civil Servant Act so as to lift the restrictions on the right to strike of public servants • C98: the Committee requests the Gov to also amend the Civil Servant Act so as to ensure the right to collective bargaining of all public servants • In 2009, the Gov of Bulgaria did not submit a report to the Committee. It was belatedly received in 2010.

  17. ILO Committee of Experts - Croatia • C98: the Committee requests the Gov to submit observations on allegations that the Act on salaries in public services also limits collective bargaining rights to basic salaries only.

  18. ILO Committee Experts – Czech Rep • C98: The Committee once again requests the Government to provide in its next report (Nov 2010) an overall assessment of the effectiveness of the system of protection against anti-union discrimination and interference, in consultation with the most representative employers’ and workers’ organizations, including data on the number of complaints brought to the labour inspection and the courts, as well as the duration of proceedings and their outcome. • No report received from Gov in 2009

  19. ILO Committee of Experts 2010 • No comments this year (2009) on C87 and C98 for • other countries • Teacher unions could make submissions with EI next year, before 31 August 2011.

  20. CFA 2696 Bulgaria – right to strike • Education is NOT an “essential service in the strict sense of term”, that is, a service where strikes could be prohibited or seriously restricted. The Government could demand that trade unions provide minimum services in educational institutions in the event of a strike “the extent and duration of which might be as such as to result in an acute national crisis endangering the normal living conditions of the population”, as long as such services are strictly necessary to avoid the crisis. Minimum services have to be determined in full consultations with trade unions.

  21. CEART • The joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning Teaching Personnel (CEART) was created to monitor the implementation of the ILO/UNESCO Recommendation on the Status of Teachers adopted in 1966. In 1999, its mission was extended to monitoring the UNESCO Recommendation on the Status of Higher Education Teaching Personnel adopted in 1997.

  22. 1966 Recommendation concerning the Status of Teachers • This Recommendation, adopted on 5 October 1966 by Member States of UNESCO and ILO • sets common standards for the status of teachers, irrespective of the diversity of national legislation, regulations and traditions. • Since the education sector in general is subjected increasingly to market pressure and the threats of commodification, this recommendation remains pertinent. • EI believes that the implementation of the 1966 Recommendation’s provisions should be compulsory in all countries.

  23. 1966 Recommendation • sets standards, particularly in the following fields: • Preparation for the profession • Further education for teachers • Employment and career • Entry into the teaching profession • Advancement and promotion • Security of tenure • Disciplinary procedures related to breaches of professional conduct • Part-time service • Rights and responsibilities of teachers • Conditions for effective teaching and learning • Teacher salaries • Teacher shortage

  24. Art 45 on employment and career Stability of employment and security of tenure in the profession are essential to the interests of education as well as to those of the teacher; they should be safeguarded even when changes in the organisation of or within a school system are made. (Art.45)

  25. Art 9 on social dialogue • "Teacher organisations should be recognized as a force which can contribute greatly to educational advance and which therefore should be associated with the determination of educational policy." (Art. 9) • "[…] machinery should be established whereby the right of teachers to negotiate through their organisations with their employers, either public or private, is assured." (Art. 83)

  26. CEART Monitoring • CEART has established a procedure allowing national and international teacher organisations to submit communications concerning the non-application of the provisions of the Recommendations in a given country. • Neither the 1966 Recommendation nor the 1997 Recommendation are legally binding instruments.

  27. UN Human Rights Council • Special Procedures; country mandates and UN Special Rapporteurs • New Rapporteur on the Right to Education • UPR Universal Periodic Review (/4 years) • CEDAW (/4 years) • Convention Right Child (/5 years)

  28. Council of Europe • European Social Charter National reports (before 10 October) 2009: labour rights > 2013 > 2017 2010 children, families, and migrants 2011: employment, training, and equal opportunities 2012: health, social security, and social protection • Complaints with the European Committee of Social Rights

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