ITUC HTUR Department General Presentation Nadine Thevenet

1. Belgrade Dec. 2009 ITUC HTUR DepartmentGeneral PresentationNadine Thevenet www.ituc-csi.org

2. Objectives of the seminar • Strengthening capacities for promoting & defending workers rights • Raise awareness on the ITUC HTUR work and objectives • Ensure participation of the SEE Region to the PERC HTUR Network and plan for a follow up program of action and contributions of the focal persons to this regional network; • Identify tools for HTURs campaigns within the region and develop strategies on how to apply them; • Make practical recommendations for future action www.ituc-csi.org

3. Expected outcomes • Building of the SEE section of the PERC HTUR network of HTURs focal persons that can contribute directly to the main elements of the action on HTURs • Development of a follow up action planfor promotion and defense of trade unions including both national level actions and activities that could be taken by national organisations in conjunction with ITUC-PERC over specific country focused or regional campaigns www.ituc-csi.org

4. ITUC HTUR Work • During the ITUC Vienna Congress in 2006 the promotion of Human and Trade Union Rights (HTUR) was set as one of the key objectives of the ITUC as a precondition for social justice • The ITUC HTUR Department mission is to: • ensure the respectof fundamental trade union rights (the right to organise in a trade union, the right to collective bargaining) as guaranteed by the Conventions (C87 and C98) of the International Labour Organisation (ILO) • take action against other labour rights violations without distinction in all countries, and other violations of human rights especially where these affect working people Contact: tur@ituc-csi.org For further information seehttp://www.ituc-csi.org/spip.php?rubrique9 www.ituc-csi.org

5. C87 and C98 – Fundamental trade union rights • Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - The main points include: • The right of employers and workers, without distinction whatsoever, to establish and join organizations • The right to establish organizations without previous authorization • The right of workers and employers to establish and join organizations of their own choice • The right of workers and employers to draw up their constitutions and rules, to elect their representatives in freedom and to organize their administration and activities • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Protection against acts of anti-union discrimination • Protection against acts of interference • Promotion of collective bargaining • Right to Strike • Recognized by the ILO as a legitimate right which mayb be used by workers and their organisations to defend their economic and social interests www.ituc-csi.org

6. C87 and C98 – Fundamental trade union rights • Civil liberties that are essential to the normal exercise of freedom of association or trade union rights in general include: • -the right to life and personal security • - the right to freedom and security of person from arbitrary arrest and detention • - freedom of assembly (before, during and after time of meeting) • - the right to a fair trail by an independent and impartial tribunal • - the right to protection of the property of union organisation • - the right to strike www.ituc-csi.org

7. ITUC HTUR Department • 6 staff including Steve Benedict (director), a dept. assistant and 4 HTUR officers • Responsibility per region / HTUR Networks • Asia Pacific and Middle East • Africa • Americas • Europe and North Africa • ILO Work • Annual Survey of Violations • Thematic campaigns • HTUR Committee www.ituc-csi.org

8. HTUR Committee • Vienna Congress called upon affiliates to coordinate their efforts concerning international cooperation and to maintain a HTUR Committee • Mandate: • To oversee and guide ITUC HTUR work • To report to ITUC General Council • To ensure regional participation Last meeting in Berlin in October 2009 www.ituc-csi.org

9. HTUR Action Plan • Human and Trade Unions Rights Commitee • HTUR Networks • Solidarity actions • Annual Survey of Violations of Trade Unions Rights • Countries at risk • Thematic campaigns • ILO Standards and Supervisory Mechanisms • Training www.ituc-csi.org

10. HTUR Networks • Created at regional level (4 regions) and supported at international level by a Global HTUR Network and accountable to regional structures • Composed by HTUR and legal experts from each affiliated organisation • Exchange of experiences and good practices • Building capacities and increase cooperation • Monitor HTUR issues within the region and exchange information • Launch and participate to the HTUR actions • Letters of protest and appeals • Input to the Annual Survey • Thematic campaigns • Expertise and technical assistance • Advise affiliates during the adoption of new legislation www.ituc-csi.org

11. Campaigns, protest letters and appeals • International solidarity actions to support those whose rights are under attack by publicising violations, to bring public pressure on those responsible and on those violating workers’ rights, and to put pressure on governments and employers to redress • Protest letters sent to governments and employers (see http://www.ituc-csi.org/spip.php?rubrique91 ) • Appeals – asking our networks to send letters to governments and employers • Request for intervention of the ILO Director General in case of severe violation of rights provided in C87/C98 • Facts must be serious and require an urgent intervention • Campaigns • Country campaigns - in case of crisis / countries at risk • Iran (Iran’s day), Zimbabwe (ILO commission of enquiry), Burma (companies’ in Burma DB) etc • Follow-up, support affiliates, work with NGOs • Thematic campaign: Forced labour and trafficking www.ituc-csi.org

12. Annual Survey • Assessment of respect and denunciation of violations of TURs: Focus on the right to organise, right to collective bargaining, right to strike in law, in practice and the related violations • Overview per country of the TUR legal framework (principles and restrictions) • Highlighting of the effective TURs’ implementation, underlining the main hurdles as well as administrative and judicial systems deficiencies and the violations • An ITUC annual worlwide report • Annual Launch – when possible during the International Labour Conference (ILC) in Geneva • Covering 145 countries • Source of information: affiliates’information and media • Major ITUC publication and media tool • A working instrument for the ITUC and all affiliates • Revision in progress: developments of a database to enable further analysis, « statistics » and transversal reports for which there is a need for comparable and historical data • Format: online, printed and USB www.ituc-csi.org

13. Annual Survey - Changes • Update of the information • New laws • 2009 violations • Structuring of the information • To enable further data research and analysis • To identify trends • Online tools • Development of a database • Future online version www.ituc-csi.org

14. ITUC input to ILO work • Monitoring and control on application • Contribution to the ILO Supervisory Mechanisms • Submissions to Committee of Experts on the Application of Conventions and Recommandations (CEACR) (derived from the Annual Survey of violations of trade union rights) • Support to affiliates in the writing of their comments (to be sent to the ILO – deadlines 31/08, please put the ITUC in copy) and for their interventionduring the CAS • Submit reports to the CEACR (poss in cooperation with NGOs • Complaints to the Committee of Freedom of Association • Submit complaints • Support to affiliates in their complaints • Coordination of work during the June ILC in Geneva • CAS list and interventions • Participation in ILO standards setting www.ituc-csi.org

15. ILO Supervisory Mechanisms • Regular system of supervision • Reporting obligation of ratified conventions of ILO member States’ • Every 2 years for fundamental and priority Conventions • Every 5 years for other Conventions • Report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR) • Report examined and discussed by the Tripartite Conference Committee on the Application of Standards (CAS) • Special system of supervision • Against a member State (even if they have not ratified the Convention concerned) in case of specific allegations of violations • Committee on Freedom of Association (CFA) set up in 1951 www.ituc-csi.org

16. Training • Create awareness and better understanding on issues related to HTUR • Enhance affiliates' understanding and contribution to the ILO standards setting and supervisory mechanisms and follow-up with training session on specific ILO topics • International labour standards • Supervisory mechanisms … in relation with the ILO Turin Center www.ituc-csi.org

17. Thank you for your attention and never hesitate to contact us • Contact details: • ITUC HTUR Department • Boulevard du Roi Albert II 5, B 1, 1210 • Brussels, Belgium • Email: turights@ituc-csi.org • Tel (direct): 00 32 2 224 03 04 www.ituc-csi.org