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FoA and ILO supervisory procedures

FoA and ILO supervisory procedures. Jun Coue Specialist – Int’l labour standards and labour law DWT - Bangkok. Ratification in Asia Pacific. Ratification average at about 66 % of world average, 40 % of OECD average 60 – 40 – 24 – 15

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FoA and ILO supervisory procedures

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  1. FoA and ILO supervisory procedures Jun Coue Specialist – Int’l labour standards and labour law DWT - Bangkok

  2. Ratification in Asia Pacific • Ratification average at about 66 % of world average, 40 % of OECD average • 60 – 40 – 24 – 15 • East Asia ratifications significantly lower than in the rest of Asia • Conventions 87 and 98: 16 and 19 ratifications respectively, out of 33 countries • 92 ratifications short of universal coverage, out of 138 globally. AP region accounts for 66% of missing ratifications of fundamental ILS

  3. CEACR – latest comments • BANGLADESH • Arrests of and acts of violence against TU leaders, esp. in garment sector • Refusal to register , among others Bangladesh Garments and Industrial Sramik Federation (BGISF) • Host of FoA restrictions in EPZ Workers and IR Act (2004), primarily regarding restrictions on right to organise and establish unions, arrest of BIGWUF • Similar restrictions in Bangladesh Labour Act

  4. CEACR – latest comments 2 • CAMBODIA • Lack of progress with respect to justice being done concerning the murders of TU leaders CheaVichea, RosSovannareth and HyVuthy • Lack of progress with respect measures to ensure independence of judiciary so as to ensure FoA rights • Development of new TU law so as to bring legislation into conformity with C. 87 requirements

  5. CEACR – latest comments 3 • INDONESIA • Acts of violence by police in re strike actions • Right to organise of public servants • Serious restrictions on right to strike in legislation (penal sanctions for strike action, prohibition on strikes in railway service,

  6. Convention No. 98 • ALL 3 COUNTRIES • Severely inadequate protection against acts of anti-union discrimination (even though Bangladesh law has provisions EPZ labour tribunal yet to be established) • Extremely low levels of collective bargaining • Absence of statistical information on instances of discrimination and bargaining as baseline for active policy measures

  7. Overview of CFA cases in AP • 21 active, 36 follow-up cases • Latest report of CFA (June 2011): 3 cases • Bangladesh (Cha-Sramik Union) – Interference in elections of Executive Committee, violent suppression of protests against interference • Malaysia (BATEU) – Reclassification by mgmt of posts to exclude employees from U membership and render U unable to function • Philippines (KMU) – Violence, discrimination in EPZs

  8. Overview of CFA cases in AP • AP cases constitute <25% of CFA caseload • Slight uptick in recent years (Malaysia, Cambodia, Indonesia) • No. of cases concern violence and impunity • Majority of cases concern discriminatory dismissal of trade unionists • Implying lack or inadequacy of protective machinery against discrimination (or contradictory laws) as required by C. 98 (CFA = ‘supranational’ court or tribunal)

  9. Importance of ratification CFA cases underscore need to ratify and implement C. 87 and 98 to guarantee FoA In spite of its mandate’s importance, availability of CFA is NOT a proxy for ratification of FoA Conventions

  10. Committee on Freedom of Association of GB • FOA complaints mechanism set up in 1951 • originally to examine complaints for referral to Fact-Finding & Conciliation Committee • authority derives from ILO Constitution • composition : tripartite - 9 Governing Body members • meeting : 3 reports a year (GB) • Examines complaints and issues recommendations

  11. CFA (cont.) NO RATIFICATION REQUIRED no exhaustion of national procedures required not bound by national recognition of “unions” specific infringements, no purely political allegations no general conclusions – scope of recommendations limited to facts alleged

  12. Compare with… • Invokes system of regular supervision • PERIODIC evaluation of country’s performance by the CEACR and the Conference Committee • On ALL aspects of freedom of association, not limited to contents of Govt reports and W comments Ratification locks in int’l commitments

  13. Regular supervision (cont) • Ratification alsoimplies consent to have performance supervised on basis of democratic participation of SPs • CONFERENCE COMMITTEE ON APPLICATION OF STANDARDS • Tripartite, reviews CEACR report and selects 25 cases eachJune • calls for HLM to Cambodia (2007) and Philippines (2008) led to TC agreements to improveFoA situation • Cambodia – ILO support to tripartite labour lawreform • Philippines – TC project to comprehensivelyimproveFoArights • Ratification and supervisorywork = platform for engagement

  14. Other arguments for ratification • C 87/98 guarantees essential for ensuring fairer distribution of wealth workers help generate • Middle-income countries, fair distribution also crucial to avoiding MIT • AP region characterised strongly by strong growth and flat wages (ADB) • Beyond questions of basic human rights, lack of FoAis hindering efforts to improve LMG through i.e. labour law reform

  15. Other arguments (cont.) Increasingly, ratification of ILS is used to substantiate the expectations of bilateral trading partners US FTAs, EU GSP system – ratification of core ILS one conditionality of conferring trading status

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