ILO is a specialized agency of the United Nations
ILO-en-strap
Governing Body

GB.270/3/1(Add.)
270th Session
Geneva, November 1997

THIRD ITEM ON THE AGENDA

Follow-up on the discussion of the Report of the Director-General
to the 85th Session (1997) of the International Labour Conference

(a) Inclusion on the agenda of the 86th Session (1998) of the
International Labour Conference of an item concerning a
Declaration on workers' fundamental rights

Addendum:

Extracts from statements made at the 85th Session (1997) of the
International Labour Conference during the discussion of the
Report of the Director-General concerning the universal guarantee of
fundamental workers' rights and the possible adoption of a
solemn declaration

Contents

Introduction

I. Delegations

II. Observers

III. Other statements

Introduction

1. The following extracts are taken from statements made at the 85th Session (1997) of the International Labour Conference during the discussion of the Report of the Director-General, entitled The ILO, standard setting and globalization. The extracts concern exclusively the question of the means of ensuring a universal guarantee of workers' fundamental rights as a precondition for workers' sharing in the fruits of globalization.

2. Most of the extracts refer, first, to the universal ratification of international labour standards concerning fundamental human rights. Some delegations believe that this would be a sufficient means of attaining the objective of the World Social Summit -- the necessary promotion of fundamental Conventions to ensure universal application. Other delegations supported the objective of universal ratification of the fundamental Conventions, but considered that there was also need for an additional means that would make it possible to ensure the universal implementation of workers' fundamental rights in all countries without delay, whether or not they had ratified the fundamental Conventions. They accordingly supported the proposal made by the Employers' group at the Governing Body's 268th Session (March 1997) which was taken up by the Director-General in his Report to the Conference.

3. Although sufficiently self-explanatory, the extracts should be read in the light of the full statements made by the speakers, which are reproduced in full in the Record of Proceedings of the 85th Session of the International Labour Conference. The statements are arranged in alphabetical order of country; within each delegation they are given in the order normally used in documents: Government, Employer, Worker. Statements by observers are arranged in chronological order, as they appear in the Record of Proceedings.

* * *

I. Delegations

Algeria

Mr. DEMBRI (Government delegate) -- ... It is for this reason that the action of our Organization should be strengthened so that the fundamental rights of workers are recognized and preserved, for this is an essential element in the balance sought. The role of the ILO, during this difficult phase, is to encourage the implementation of mechanisms which will allow the member States to find acceptable compromises to reconcile the economic and social consequences of development.

... We agree that concerted international action is now more necessary than ever in order to design and implement tangible actions to provide, at the international level, the necessary social measures to accompany economic globalization.

This is what has essentially been established in the programme of action drawn up at the Copenhagen Summit and in the Singapore Declaration.

Argentina

Mr. CARO FIGUEROA (Minister of Labour and Social Security) -- ... New challenges call for the ILO, as the Director-General rightly says in his Report, both to revise its standard-setting activity and to overhaul its internal organization. We therefore support the adoption of a solemn declaration reaffirming workers' fundamental rights and their observance by all the member States of the ILO, whether or not they have ratified the relevant Conventions. ...

Mr. FUNES DE RIOJA (Employers' adviser, Argentina) -- ... Now we are convinced that the ILO should root its work in the following parameters: first, worldwide promotion and supervision of compliance with the principles contained in the core Conventions; second, technical cooperation; and third, development of social dialogue.

For the first of these functions, the existing constitutional machinery should be used, both for promotion and monitoring, and equal treatment should be offered to all countries, whether they have ratified the fundamental Conventions or not.

It is not a question of competitiveness, it is a necessity that arises from the very existence of an international community. Without observing these basic rules of the game in the international community, there can be no possible trading relations, because proper international relations will not be possible. In view of this, the control system should therefore draw solely on existing machinery, by perfecting the procedures so as to ensure that the approach is serious, impartial and effective.

Australia

Mr. FISHER (Government delegate) --... Australia in principle gives its support to the development of a declaration of principles that would define core, or fundamental, international labour standards. We cannot, however, provide unqualified support until its details have been settled. In this way the ILO can declare the principles of labour rights and be seen by the international community to be taking the lead. Already there is pressure in other forums for action, and the ILO must not lose the initiative.

Australia believes that the declaration should not refer to specific ILO Conventions. Rather it should describe the relevant principles to which all ILO member States should consider themselves bound, whether or not they have ratified the relevant ILO Convention. We recognize that it will not be an easy task to codify the principles of the core labour standards, but it should not be an impossible one.

The Director-General has not addressed how the declaration should be implemented. Australia's view is that it would be preferable not to establish new special machinery. Rather the mandate of the Committee of Experts should be expanded to enable it to supervise the application of the core principles concerning forced and child labour and non-discrimination. Freedom of association principles would continue to be supervised by the Freedom of Association Committee.

Mr. NOAKES (Employers' delegate) -- ... In debates which have taken place within the Governing Body and its committees, the Employers have proposed that consideration should be given to the adoption by this Conference of a declaration of fundamental principles which would contain the essence of what have been recognized as the core Conventions. This proposal was put forward in an attempt to enable the International Labour Organization to respond effectively to the challenges which have arisen from globalization and trade liberalization and to demonstrate its continuing relevance in a changing world.

This proposal was not and has not been fully developed. Indeed it would not have been desirable to seek to avoid the discussions which needed to take place if the necessary degree of consensus to support it were to be obtained. The detail of such a declaration, the follow-up mechanisms and the supervisory machinery to be applied needed to be fully discussed.

At this stage of that discussion we can say that a certain degree of consensus exists on this concept and that this corresponds in general terms to the ideas put forward in the Report. The task now is to seek to extend that consensus, to seek to satisfy any concerns or reservations and to elaborate the necessary detail. I want to express my personal commitment to ensuring that this proposal is transformed into reality. I believe that adoption of the proposal will be in the interests of this Organization and its constituents.

Austria

Ms. HOSTASCH (Federal Minister of Labour, Health and Social Affairs) -- ... We should start setting the course now. Reporting on non-ratified Conventions and the requirement to list grounds hampering ratification, should not be underestimated in this context. However, in addition to this, more stringent means should be introduced for the protection of basic rights. The idea of amending the Constitution towards this end -- and here we agree with the view of the Office -- seems neither purposeful nor necessary, the reasons being that the basic principles which require protection are already enshrined in the Constitution which was adopted by all Members upon their accession to the ILO.

Austria, therefore, is far more in favour of the Director-General's proposal to formulate a document based on consensus according to which the principles of core Conventions for the protection of workers' rights -- independently of ratification -- are respected by all member States. Whether this declaration should refer to compliance with the principles of Conventions or also their details, will have to be discussed thoroughly by the Governing Body and possibly another session of the Conference.

This discussion will also have to elucidate whether the adoption of such a declaration could have a negative effect on the will and motivations to ratify these core Conventions.

Ratification should none the less remain our ultimate goal. We can also endorse the idea of a monitoring system similar to the one planned for Conventions Nos. 87 and 98.

Bangladesh

Mr. MANNAN (Minister of State for Labour and Manpower) -- ... Such social progress can only be achieved through the ratification of ILO Conventions. All our domestic labour laws have been harmonized with international standards, that is, the ILO Conventions.

Bahamas

Ms. MOXEY-INGRAHAM (Minister of Labour, Immigration and Training) ... It is imperative, therefore, that the issue of core standards and the core Conventions should be addressed in the context of trade liberalization. It is heartening to note that this issue was given recognition at Singapore as well as in the Copenhagen Declaration. Within this context, we firmly subscribe to certain core standards such as minimum hours of work and basic pay standards negotiated, in most instances, between employer and trade unions. Application of these basic ILO principles should be internationally accepted and the ILO should fix its sights firmly on an achievable date and pragmatic measures whereby such targets might be achieved in concert with other relevant international organizations, most particularly at the World Trade Organization.

It flows from what I have just said that we fully endorse the strategy as outlined in the Director-General's Report calling on those who have not already done so to guarantee those universal rights by ratification of the relevant international labour standards. These principles, in turn, should be fully observed and become entrenched provisions in any and all multilateral trade agreements and treaties.

It is my honour to endorse and to give my unqualified support to the initiatives as set out in the Report of the Director-General.

Bahrain

Mr. AL SHO'ALA (Minister of Labour and Social Affairs) -- ... The Constitution of the ILO and the Declaration of Philadelphia are perfectly clear and they do not need such a statement to make their objectives more explicit. Instead of doubling up on efforts to explain issues which do not require explanation, the ILO should respect the principle of the gradual application of international labour standards, according to the circumstances in each country, look into the possibility of partial ratification of international labour Conventions and carry out the necessary studies to determine whether present mechanisms for supervision and application of international labour standards are capable of achieving the aims which we are seeking.

Belarus

Mr. LYAKH (Minister of Labour) -- ... Belarus, having ratified the seven fundamental ILO Conventions (Nos. 87, 98, 29, 105, 100, 111 and 138), supports the Director-General's objective which appears in the Report, of ensuring greater universality in the application of the fundamental labour standards. We are in favour of a rapid adoption by the Conference of a declaration, in the framework of the ILO Constitution, defining the universally recognized fundamental rights which must be observed by all the Organization's member States, regardless of whether they have ratified the corresponding Conventions. We believe the declaration should provide for a mechanism to monitor observance of basic labour standards. This mechanism should be designed taking into account and making use already of the existing ILO supervisory machinery, and also taking into consideration all of the organizational and financial repercussions this will have.

Mr. GONCHARIK (Workers' delegate) -- ... I think this proves that it is not enough for ILO Conventions simply to be ratified. It is important that the ILO member States fully observe their obligations with regard to fundamental rights. That is why we support the idea of a mechanism capable of assisting in the implementation of these principles. As we see it, this must include a comprehensive study of the situation in the field, as well as consultation with all parties concerned. Objective conclusions must be drawn, and they should lead to recommendations; in addition there should be strict monitoring to ensure that these recommendations are carried out.

Belgium

Ms. SMET (Minister of Employment and Labour) -- ... Our primary task however is that of ensuring that our mission can be fulfilled in promoting the fundamental labour standards. I agree with the idea that membership of the ILO entails minimum obligations with regard to fundamental labour standards. I support the idea of a declaration in order to legitimate the supervision of fundamental labour standards which could cover all member States. Next year we should decide about the terms of strengthening the monitoring of those standards.

Mr. PEIRENS (Workers' adviser) -- ... It is time to provide for a system similar to that of the Committee on Freedom of Association, which would apply to other basic Conventions -- thus constituting a worldwide social basis for durable human development.

No decision to step up the work on basic Conventions can go ahead without breathing new life into the whole standard-setting process of the ILO. The consistency and interaction of the Conventions and principles must be maintained and reinforced because they constitute the only guarantee of balanced and effective social action.

... To sum up, I am in favour of a solemn declaration which would have a constitutional character, thus involving a specific and regular procedure to examine complaints of violations of basic Conventions -- as I have just explained.

Botswana

Mr. TEMANE (Minister of Labour and Home Affairs) -- ... Ultimately, however, we are concerned that the issue of core labour standards could be used as a protectionist measure to erode the comprehensive advantage of the developing countries. As we examine this question, we need to remember at our Conference that the world we live in is unequal. We must therefore be prepared to hear a variety of arguments over which measures must be assessed in order to achieve development. In spite of the differences, the North and the South should continue to work together in this Organization, since we realize that our destinies are interlinked. We ask our colleagues in the developed world to reason with us to the extent that where it is clear that freer trade may alleviate poverty in developing economies, thus contributing to the guarantee of prosperity in their countries, no impediments should be introduced.

Brazil

Mr. PAIVA (Minister of Labour) -- ... The Brazilian Government shares the same concern stated in the Report of the Director-General to this Conference. We should look for principles and mechanisms conceived in the context of the existing powers of ILO for providing the Organization with a more vigorous undertaking in the implementation of and respect for the basic Conventions as it was demanded by the Social Summit of Copenhagen and the WTO Conference of Singapore. We take as relevant action that ILO should seek to encourage countries directly to implement the basic labor standards by a system of accompanying measures and mutual assistance.

Burkina Faso

Mr. OUEDRAOGO (Government delegate) -- ... For this reason my country endorses the major guidelines advocated in the Director-General's Report in order to orientate the action of our Organization in the years to come, as follows.

First, the ILO should ensure even greater universality of application of the International Labour Organization's standards concerning the fundamental rights as a condition for the participation of workers in the benefits of globalization.

... As to the former aspect, Burkina Faso is proud to be one of those countries which has ratified the relevant Conventions of the International Labour Organization concerning the fundamental rights of workers. We remain convinced that these instruments have a definite impact on economic and social development and undoubtedly contribute to the reinforcement of the democratic process under way in our country. For this reason in its national legislation Burkina Faso has given full effect to all these Conventions, particularly in its Labour Code.

... Requiring of all countries, without distinction, the observance of fundamental labour rights is no doubt a necessary precondition in order to enable all workers to benefit from globalization, and the ratification by Burkina Faso of essential Conventions on this subject bears witness to the adherence of Burkina Faso to these fundamental values.

Nevertheless, please allow me to express several concerns in this connection. Indeed, it is to be feared that introducing a social conditionality into economic and trade relations may penalize developing countries, more especially African countries, if not accompanied by appropriate measures in order to assist developing countries to develop strong, competitive economies.

Cambodia

Mr. SUY ( Secretary of State for Social Affairs, Labour and War Veterans) ... We agree that it is necessary to strengthen the machinery for monitoring the observance of the core Conventions of the ILO on human rights, and we would ask the ILO to make a solemn declaration reaffirming universal respect of these fundamental rights of workers by all members, whether the corresponding Conventions have been ratified or not.

Canada

Mr. POISSON (Government delegate) -- ... First, Canada strongly supports the proposal that the ILO make a definitive statement to the international community on the principles of core labour standards in the form of a declaration which would not require any constitutional changes.

Second, to ensure that the declaration is effective, a constructive monitoring, reporting and promotional procedure should be associated with it. The aim of the declaration is to extend universality of application of the core principles -- thus a supporting procedure should provide the basis for identifying obstacles to implementation, as well as to highlight cases of persistent non-compliance.

We would suggest that the Director-General present a draft declaration and proposals for monitoring at the November Governing Body.

Mr. PARROT (Workers' delegate) -- [W]e support the idea of a declaration containing these fundamental principles, which would be adopted at one of the next sessions of the International Labour Conference. However, we must not forget that the Declaration is not enough. We also have to think about reinforcing our monitoring system, and governments at the Summit in Copenhagen and the Meeting in Singapore very clearly indicated that the ILO must undertake that task of reinforcing the monitoring system and ensuring the application of fundamental principles of the Organization.

We know that the International Labour Office and Organization would lose all credibility if we were not in a state to proceed with that. So we must not hesitate. That is also why governments spoke up using this language both in Copenhagen and Singapore and they should continue to use this language within the ILO in order to ensure a much more effective supervisory and monitoring system, so that it would be possible not only to say just some beautiful words, but equally to go beyond such words by ensuring that we will have a much more effective system for the application of all these fundamental principles.

... Finally, I should like also to say that although the Director-General kept his silence on the question of the social clause and decided to move back to the system of supervision and the means of implementing the standards which have been adopted, and particularly those that are fundamental, but at the moment in my country I have to say that the social clause is still an important element in getting there. We feel that this work must be continued.

Chile

Mr. ARRATE MAC NIVEN (Minister of Labour and Social Welfare) ...     First, the main thrust of the future should focus on fundamental labour rights. This means pooling our efforts to guarantee that every worker wishing to do so can join a union without hindrance, discrimination or persecution; that any workers wishing to organize in order to collectively bargain over wages and working conditions may do so through effective means; that there is no form of forced labour in the world; that we should progressively eradicate child labour; and that we should effectively condemn in words and in practice every illegitimate form of discrimination at the workplace.

As the Director-General stated in his Report, this will require new forms of inspection and supervision. Without these, our Organization will not have the necessary credibility and effectiveness, and eventually other international bodies -- be they multilateral or regional -- will probably attempt, however poorly, to replace the ILO in performing its natural role.

As far as Chile is concerned, it is quite clear that these new forms of inspection and supervision should fully guarantee that the benefits of free trade for the relatively less-developed countries cannot be cancelled out by arbitrary decisions taken by other countries, especially if there is a protectionist intention underlying them. My country rejects all forms of protectionism that are rooted in narrow interests, that deny the poorest countries the chances of bettering their lot. But we also reject that other form of protectionism which protects privileges and blatant injustices, and which prevents the benefits of trade and growth from being distributed equitably, and from reaching workers and citizens at the bottom of society's ladder.

On this very important question our Organization must take centre stage in forging a tripartite consensus.

Mr. ARTHUR ERRAZURIZ (Employers' adviser) -- ... [W]e support the effort being made by the ILO to promote core labour Conventions and we encourage the ILO to find the appropriate supervisory mechanisms even in those countries that have not yet ratified these Conventions.

Mr. ALARCON GOMEZ (Workers' delegate) -- ... With respect to the Report of the Director-General, which is the main subject of discussion, we share the view that the link between trade liberalization and the protection of workers requires respect for the fundamental rights of the latter. This means that there is no justification for certain governments to refuse to ratify at least the seven Conventions on fundamental rights. We also wish to draw attention to the initiative in the Report of the Director-General which calls for a solemn declaration or recommendation of the Conference to establish, once and for all, some real mechanisms with which to monitor and evaluate the efforts made by governments to ensure that the economic progress resulting from trade liberalization also benefits social progress.

China

Mr. LI BOYONG (Minister of Labour) -- ... With regard to the strengthening of monitoring of basic labour standards, we stand for strict observance of the ILO Constitution rather than making materialistic interpretations of it. One view is that better implementation of basic labour standards requires some type of new mechanism, including the formulation and adoption of a declaration of basic principles, or other form of instrument in addition to strict supervisory procedures.

The nature of this proposal forces Members who have not ratified the standards to undertake the same obligations as those that have ratified them. This is not consistent with the provisions of the Constitution. Such practice of imposing labour standards by means of pressure can only intensify disputes and it would not achieve the objective. We stand resolutely opposed to any attempt to transform the ILO into an international tribunal.

Mr. LI QISHENG (Workers' delegate) -- ... We stand for the strengthening and improvement of the ILO supervisory mechanisms, but we are opposed to any abuse of them. The principle of impartiality should be deeply rooted in the supervisory activities so as to prevent the use of the international labour standards by protectionism as a pretext to undermine the vital interests of the workers in various countries, especially in the developing countries.

Colombia

Mr. CASTRO GUERRERO (Government delegate) -- Colombia, on behalf of the 113 member States of the Non-Aligned Movement and some States observers [within the Movement], including China, presents the following document approved by consensus at the Labour Ministerial Meeting held on 10 June 1997, with reservations from Chile, Jamaica, South Africa and Venezuela. It is a response to the Report of the Director-General, The ILO, standard setting and globalization.

First, the Non-Aligned Movement attaches great importance to the role of the ILO in standard setting and the promotion of labour standards. We reaffirm our commitment to observe internationally recognized core labour standards.

... ILO instruments have been voluntarily ratified by States. Any proposal for a declaration on core labour standards should not be legally binding. The most effective means to ensure respect for improved labour standards is the universal ratification of core labour Conventions.

... The way forward -- the principal objective of the ILO's work related to labour standards is to secure the dignity and welfare of workers in accordance with the objectives, aims and purposes enshrined in the ILO Constitution and the Philadelphia Declaration. The ILO must pursue labour standards in their own right as an integral part of the social progress of societies, recognizing them as benchmarks in the process of development.

The first step, step one -- promote universal ratification of basic and fundamental labour standards.

Step two -- implementation of basic and fundamental labour standards.

Step three -- ILO supervisory machinery that has to be objective, impartial and transparent.

Step four -- encourage international action.

The Director-General's Report requires further consideration by the ILO Governing Body, taking into account the views expressed in this statement.

Mr. GARZON (Workers' delegate) ... It is rather contradictory that governments and employers of developing countries call into question, object to and criticize the Director-General's Report when precisely they should be able to appreciate the boldness with which he has presented alternatives, to establish a social supervisory mechanism from the ILO aimed at protecting those very same developing countries as confirmed by the impact of the current model on these countries. Without endorsing the claims of the developed countries, their position may very well appear more logical, but this is not the case with the developing countries.

We do not hesitate to endorse the proposals made by the Director-General. Over the last six years we have noted the need to add a social dimension to regional integration processes. In the case of the Andean region, it has not been worthy of attention from the governments and employers. We have placed great expectations on the World Summit for Social Development because of the various initiatives taken. Even now, when it was clearly established at the Singapore meeting of the WTO that the ILO is the competent body to establish and deal with standards regulating labour rights, it is vital to recognize that, at the international level and through various interpretations, attempts are being made to postpone or snuff at efforts to set standards, to regulate or control the process of trade liberalization as it relates to social guarantees.

Costa Rica

Mr. AYALES ESNA (Minister of Labour and Social Security) ... If economic globalization has caused the borders of national States to fall, making the frame of reference not national economies, but world markets, labour relations influenced by this international environment must be regulated by international labour law, whose fundamental basis should be the Conventions adopted by the ILO.

... We support the proposal of ratifying not only the ILO core Conventions, but also a set of standards which would enable our peoples to live and work with dignity.

Côte d'Ivoire Mr. ATSAIN ACHI (Minister of Employment, Public Service and Social Welfare) -- ... Indeed, no African country is against a strengthening of the ILO's capacity to further its standard-setting activities, and the periodic preparation of reports on non-compliance with commitments, which its constituents have subscribed to freely.

However, fundamental standards that imply a disguised conditionality of access to international markets would destroy efforts to achieve economic recovery which are indispensable to an acceleration of social progress in countries of the African region. The terms of reference of our Organization mention an extension of our work to prepare new standards in this context.

Against this background standard setting should be aimed at developing instruments that are socially relevant and yet politically achievable and applicable. This approach involves permanent constant consultations amongst all Members in order to reach a voluntary consensus which is the mainstay of our Organization.

Cuba

Mr. VALDES MESA (Minister of Labour and Social Security) -- ... Any declaration or a resolution that does not take account of all of the rights that have been part of the historic demands of the workers as principles to be recognized and respected thus runs the risk of weakening the impact of those international labour standards which do not fall within the limited concept of the fundamental or core Conventions.

Cyprus

Mr. MOUSHOUTTAS (Minister of Labour and Social Insurance) -- ... In principle we are in agreement with the proposal for the adoption of a declaration accompanied by a follow-up procedure. In seeking, however, a guarantee of greater universality for fundamental rights, care should be taken not to undermine other rights or to neutralize the comparative advantage of countries which, though not having ratified the so called-core Conventions, are genuinely striving towards this end.

Mr. ANTONIOU (Workers' delegate) -- ... In this respect our objective should be to place social progress into a relationship with the economic progress expected from the liberalization of trade.

In order to bring about this development, there must be a universal recognition of certain basic rights which should allow the social partners to share equally the benefits resulting from globalization.

Czech Republic

Mr. RYCHLY (Government delegate) -- ... The Czech Government welcomes the consensus reached, thanks also to the help of the ILO, as regards the contents of the so-called basic labour rights. These standards, contained in, among others, the seven basic ILO Conventions, are being fully respected by the Czech Republic, and we would naturally welcome their universal implementation. The method chose for their further promotion or supervision -- and their definition -- should be based on the widest possible consensus of governments and social partners. Moreover, the appropriate mechanism must be given an indubitable legal basis.

Mr. FALBR ( Workers' delegate) -- ... We agree with the Director-General that the current programme of globalization offers at the same time new opportunities for strengthening and improving ILO activities, especially the strengthening of standard-setting and supervisory mechanisms. There is no doubt that the globalization and liberalization of world trade jeopardizes the basic workers' and trade union rights. So it is the ILO which is expected to use its full mandate to play a decisive role in the future promotion of the social dimension within the process of globalization and in the fair distribution of the benefits arising from the global economy. We appreciate the efforts the ILO is making to ensure the universal ratification of the core Conventions. There is no doubt that these fundamental Conventions represent one of the most important instruments for the protection of the workers and human rights, and they should be fully implemented and observed.

... In this context I would like to stress the necessity of the future close cooperation between the ILO and the WTO.

Within the framework of these relations, the ILO should also pay appropriate attention to the proposal of the social clause. Everybody knows that this idea was put aside during the Singapore summit, but it must not be forgotten. The governments in Singapore committed themselves to promoting the application of the core ILO Conventions and we will be very glad if the governments can understand and take the social clause not as a means of protectionism but as another significant instrument for the promotion of social justice.

Denmark

Ms. ANDERSEN (Minister of Labour) -- ... I think it would be natural for member States also to be bound to observe all the fundamental workers' rights. In addition to these two Conventions, these are: equal remuneration, non-discrimination, prohibition of child labour and prohibition of forced labour.

This could be done by adopting a declaration to supplement the Constitution of the ILO. I hope that such a declaration can be adopted at the Conference next year.

Mr. RONNEST (Employers' delegate) -- ... What is new is the introduction of obligations on member States and consequently on employers and workers in member States -- obligations to be determined by the ILO and not following the established legal procedures in the ILO and member States.

The ILO is to define a set of principles to be respected by all, the ILO is to establish a new system of supervision, and the ILO is to create a system of social labelling based on the declaration of principles.

This is not only an ambitious plan, it is also a controversial one and probably somewhat unrealistic, but it is in particular a plan described in such general terms that it is close to impossible to see what the real intention and purpose is and how it is to be translated into reality. What it will mean for the labour market, for employment and enterprises seems not to have bothered anybody.

Dominican Republic

Mr. ALBURQUERQUE (Secretary of State for Labour) ... The reply offered by the Director-General in his annual Report proposes that member States commit themselves and undertake obligations to respect specific and irreducible core standards: freedom of association, collective bargaining, the prohibition of forced labour, including the struggle against child labour, minimum age for admission to work, equality of remuneration and non-discrimination.

As one can easily appreciate, the Director-General's proposal is limited to those rights which should be universally recognized, sidelining quite clearly the pretension of certain persons who wish to deny developing countries the advantages that they might derive from their lower wages and social costs.

The Government of the Dominican Republic shares the Director-General's views and supports his plan. Our Government has at all times maintained its unshakable will to promote change and to become part of the globalization process whilst ensuring due respect and guarantees for the core rights of those who extend a service in return for a wage.

... Mere ratification of the core Conventions or a solemn declaration of respect for these Conventions, though necessary and desirable, is not a sufficient guarantee to actively foster social progress. It is essential to put in motion at the same time means which will permit objective follow-up on the real and effective application of these fundamental principles, so that in this way both national and international public opinion will be able to appreciate the efforts made by each State "to turn the economic benefits resulting from the liberalization of trade to good account in terms of social progress".

Ecuador

Mr. RIVADENEYRA ORCES (Minister of Labour and Human Resources) ... Furthermore, my Government supports and agrees with what was said in the Director-General's Report regarding the universal guarantee of workers' fundamental rights, and in particular, continuing those efforts initiated in the Governing Body, the drafting of a solemn declaration which would recapitulate the fundamental principles of the Organization and set up an effective and inexpensive monitoring system.

Egypt

Mr. EL AMAWY (Minister of Manpower and Immigration) -- ... The basis for any mechanism to supervise the application of international instruments must be the express consent of States, as only ratification creates binding obligations under the Vienna Convention on the Law of Treaties. For this reason, the proposal made in the Report of the Director-General concerning the adoption of a supervisory mechanism which would be independent of ratification constitutes a serious and unconstitutional precedent, which is unacceptable. The emphasis should be placed on the promotion of the ratification of core Conventions and their application.

... The ILO's supervisory machinery has a host of suitable and effective means at its disposal for strengthening adherence to core labour standards, and particularly article 19(5)(e) of the Constitution, which emphasizes the right of each State to ratify or not to ratify the ILO's Conventions, with the obligation to submit a report on its legislation and practice in the areas covered by the Conventions.

... The existing ILO supervisory machinery is sufficient. This position is shared by the majority of the government delegations. It would be inappropriate and legally difficult to establish special supervisory machinery for a group of Conventions.

The proposal concerning a declaration to be adopted by the Conference which might help to define the universally acknowledged content of the fundamental rights which should be respected by all Members of the Organization, whether or not they have ratified the corresponding Conventions, and to establish a mechanism to guarantee their promotion has no constitutional basis. We cannot accept imposing obligations on the member States of the ILO other than those emanating from the ratified Conventions.

Mr. MONGY ( Workers' adviser) -- ... We support most of the proposals made by the Director-General to strengthen the supervisory machinery for international labour standards. But we would like to express our reservations as regards the supervisory system.

El Salvador

Mr. TOMASINO HURTADO (Minister of Labour and Social Welfare) ... It is our belief that the social clause should be taken very seriously by member States, as long as it is compatible with the fulfilment of workers' fundamental rights, and as long as it is supervised locally by governments and, internationally, solely by the ILO. We must also ensure that barriers to international trade are not erected to the detriment of progress made in globalization.

Equatorial Guinea

Mr. MODU AKUSE BINDANG (Minister of State for Labour and Social Security) -- On behalf of the Republic of Equatorial Guinea I would like to express the hope that this 85th Session of the International Labour Conference adopts a solemn declaration as a means of recapitulating the essential principles and setting up periodic review mechanisms of social progress throughout the world.

Estonia

Ms. ARO (Minister of Social Affairs) -- ... I would like to support the proposal of the Director-General ... to improve supervision of the implementation of the core standards, a process highlighted in its importance in the present world by the context of trade liberalization and globalization of the economy. However, liberalization should not be separated from social development. Therefore, free trade and the increasingly international labour market certainly presume the implementation of the basic labour standards by all countries.

... The best way to strengthen the supervisory system might be the adoption of a declaration enacting a general agreement as an explanation of different possibilities of improving the existing supervisory system.

The adoption of the declaration by the Conference would also be the fastest way to make the supervisory system more effective, while the enforcement of the amendment of the ILO Constitution requires a certain number of ratifications by member States.

Fiji

Mr. LOBENDAHN (Minister for Labour and Industrial Relations) -- ... We cannot assume that the world economy will abide by one set of rules, particularly in the social field. Social change is necessary and we should be prepared to abide by certain basic rules that are established with the agreement of member countries.

This is what we would call the social framework for international development that needs to be developed within the procedures of the International Labour Organization. We could start with a hard core commitment to a few international labour Conventions that all would agree to apply.

Finland

Ms. JAAKONSAARI (Minister of Labour) -- ... Fundamental workers' rights have to be respected universally and we must see to it that, where development brings economic welfare, a fair distribution of this welfare ensues.

I welcome the proposal to incorporate the principles of fundamental labour rights in a declaration or charter to be adopted by the International Labour Conference in the near future.

There is an urgent need to renew the commitment of governments, social partners and enterprises to work together to promote productivity, competitive ability and employment, and to fight against poverty and social exclusion. In this way we could proceed to realize the commitments entered into at the Copenhagen Summit. Thus we would further social progress and social justice, the true aims of this Organization.

... A more focused follow-up is needed. As proposed by the Director-General, this could in a concrete way show how the observance of fundamental labour rights is universally progressing.

Mr. RISKI (Employers' delegate) -- ... In his Report, the Director-General attempts to find ways to increase member States' observance of the so-called core Conventions. One of the main proposals for achieving this is to change the obligations of membership. The ILO has its Constitution as do the member States. In Finland, at least, an international agreement must undergo a constitutional decision-making process before it is accepted and recognized as a national obligation. I do not see it possible for a new interpretation of the ILO's rules to circumvent or override the national decision-making process. Neither is it possible for a new declaration, even if it would deal only with principles, to become binding without the proper acceptances and decisions at the national level.

Ms. VALKONEN (Workers' delegate) -- ... I wish to state my support for the preparation of a declaration on the core principles. It is important now, after the Singapore Conference of Ministers of Trade, to reach agreement on the content of these principles. The point of reference should be the commitments of the Social Summit, held in Copenhagen in 1995.

Freedom of association, non-discrimination -- which includes the principles of equality between women and men -- and the abolition of forced labour and child labour are the core around which there seems to be universal agreement. It is important to recognize that they are an integrated set of principles. If one of them is not respected the others are seriously weakened.

However, negotiating a declaration for adoption a year from now is not enough. We have also to agree on what it would lead to. Modifications to the present system are needed so that it can cover the countries which have not yet ratified the Conventions on, or in fact against, discrimination and forced and child labour. I trust that the process can be undertaken in the Governing Body and everyone should approach it with an open mind.

It may well be in the end that no great changes in the system are needed. Improved procedures and adjustments to the present system could well be sufficient to assist all countries to meet their fundamental constitutional obligations.

France

Mr. CHOTARD (Government delegate) -- ... How can we build a foundation of fundamental human rights in the workplace that is genuinely universal?

... Secondly, I should like to turn to the most important question, fundamental workers' rights. I can only state once again the importance that my country attaches to the adoption of a solemn declaration at the next session of the Conference. This declaration should be the response of ILO member States to the appeals that were launched in Copenhagen and Singapore.

With this in mind, the Office's activities for more extensive ratification of international standards should continue.

Mr. BOUSSAT (Employers' adviser) -- The Solemn Declaration of 1998 should be both didactic and pragmatic. It should offer several methods in order to take into account both the economic and the socio-cultural circumstances of States. This Declaration should talk about the development of fundamental rights rather than the defence of such rights. We are talking about promoting these rights. We are talking about getting countries to subscribe to them.

Mr. DELHOMENIE (Workers' delegate) -- ... The respect for universal rules, the adoption of a solemn declaration, the evaluation of social progress, the idea of a global social label, are all paths which are worth exploring. All of these ideas are not, and indeed should not be envisaged or implemented as instruments for the protectionism of industrialized countries to the detriment of others. As workers in industrialized countries, countries which still show many inequalities, the most important of which is unemployment, we hope that the world population as a whole can benefit progressively from the fundamental rights which is the raison d'être of our tripartite Organization.

Germany

Original German: Ms. VOSKUHL (Government delegate ) ... First of all, a solemn declaration at the 1998 session of the Conference seems to us an appropriate starting point for an initiative aimed at better ensuring universal recognition and observance of core labour and social standards and improved supervision of the observance of such standards.

Secondly, we support the idea that in cases where the present supervisory machinery does not enable the observance of these core standards to be clearly evaluated, appropriate measures should be taken to remedy this situation.

Mr. THÜSING (Employers' delegate) -- ... In this connection the Report develops -- and in the best of intentions I agree -- an interpretative fantasy, which could ultimately lead to a weakening of the Constitution. If we take this path with regard to rights now recognized as fundamental, then we would have no reason not to continue this procedure indefinitely tomorrow and the day after, when it would involve other Conventions then considered to be fundamental.

The Freedom of Association Committee is a special case which I do not think can be taken as a precedent. I consider rigorous respect for the Constitution to be essential today, and in the future perhaps even more so. The Constitution is the only bond which holds us all together despite all our differences in interests and circumstances.

This does not call for resignation. The solemn declaration mentioned in the Report to be given by the Conference, supplemented by changes concerning the reporting obligations, would prove valuable for further progress. The success seen so far in the ratification campaign of the Office supports this expectation.

Greece

Mr. PAPAIOANNOU (Minister of Labour and Social Security) -- ... I would also like to note that the proposed solemn declaration codifying the constitutional principles of the ILO, and the concept of an international labour Convention on a "social label" would constitute a platform of action for member States to recognize the social dimension of the economy.

Haiti

Mr. PIERRE (Workers' delegate) -- ... Together with the Director-General, we believe that globalization cannot be given free rein. That is why we support his suggestion to the Conference to recapitulate, in a text or possibly a Recommendation, the essential principles, and to create a follow-up mechanism in the form of periodic reports on social progress in the world, followed by a policy discussion.

Hungary

Mr. KISS (Minister of Labour) ... We also support the idea of a solemn declaration aimed at universal respect for fundamental workers' rights.

Iceland

Mr. KRISTINSSON (Government delegate) -- ... There is reason to give special support to the view that the ILO's Constitution, and ILO membership, involve a commitment to certain basic rights for workers, not only at the national level, but in all parts of the world. These rights are guaranteed by several basic Conventions. The measures taken by the Director-General to promote further ratification of these Conventions are to be welcomed.

... The Director-General's Report proposes that the International Labour Conference should adopt a specific declaration to the effect that the member States should renew their commitments resulting from ILO membership. This is an interesting proposal which should be endorsed. I want to join those who have expressed hope that such a declaration could be adopted by the next International Labour Conference.

Ms. STEFÁNSDOTTIR (Employers' delegate) -- ... The Director-General's Report also deals with the question of fundamental rights, based on certain existing Conventions, that should be guaranteed for all workers. In my opinion this can only be done on a voluntary basis. I take the liberty of doubting that a new interpretation of the Constitution, at this stage, will be considered legally binding by all member States.

I am also doubtful about the idea of a special supervisory mechanism applicable to fundamental rights.

India

Mr. ARUNACHALAM (Union Labour Minister) -- ... The most effective means of implementation of labour standards is to promote the universal ratification of core labour Conventions. The proposal to adopt the declaration on core standards and to extend the existing special procedure applicable to freedom of association will undermine the voluntary character of ratification of ILO Conventions. If there are inadequacies in the existing supervisory procedures, we should take recourse to the ILO Constitution for finding effective remedies. We appreciate the need to initiate action at the national and international levels to address concerns relating to social progress such as environmental issues, occupational health and safety, etc.

However, we have noticed with concern, an increasing tendency amongst the various international organizations under the United Nations system to assume roles for which they have no mandate and to encroach upon areas where others have been entrusted with the task. These tendencies lead to an overlapping of functions and responsibilities, thus creating an unnecessary burden on national governments in the form of reporting obligations on the same subject. Matters relating to international labour standards should be dealt with exclusively in the ILO.

Mr. KOHLI (Employers' delegate) -- ... These core standards have already been identified, and we would agree that there is undoubtedly need for ensuring their observance, but the employers from India would not like a body like the Committee on Freedom of Association to be set up, or even complaints regarding infringements of these core standards be entertained, if the country concerned has not ratified the relevant Convention.

One would, however, agree that the time has come to outline a strategy for the promotion of fundamental labour standards in addition to the right to freedom of association, for which there is already an established procedure.

Indonesia

Mr. LATIEF (Minister of Manpower) -- ... In this respect, I would like to reiterate the fact that the ILO is a voluntary association of governments that cannot impose the ratification of these standards and recommendations upon the member States. Such an attempt would be in total violation of the fundamental principle of international law, that is respect for state sovereignty.

My delegation can only endorse the efforts undertaken to have more ILO Conventions ratified by as many ILO member States as possible while at the same time assisting the member States to overcome the difficulties they may encounter in fulfilling this goal. Furthermore, the need for sanctions would be reduced as a result since the latter undoubtedly create a climate of tension which is detrimental to the workers. We also have to note, unfortunately, that some countries, especially developed ones, are applying double standards in this respect.

International trade and the application of labour standards are two different matters and are handled by two different institutions. Although they are related to one another, there are, nevertheless, cases when they should be kept separate. The WTO and other related institutions have a prime mandate to deal with international trade and evaluate the weaknesses of trade mechanisms. Indonesia is of the view that attempts made to link labour standards with the comparative advantages of the developing countries in free world trade are clearly in contradiction with the understanding and decisions agreed upon and contained in the WTO Singapore Ministerial Declaration.

Islamic Republic of Iran

Mr. KAMALI (Minister of Labour and Social Affairs) -- ... Some developed countries, obsessed with the short-term implications of free international trade intend to abuse the social concerns to disguise their protectionist policies. These countries are proposing new issues serving their protectionist policies in order to disrupt free trade in sectors in which they lack comparative advantages. To put it plainly, we do not oppose addressing social labour conditions and the protection of workers' rights. What we are against is the abuse of social concerns for the sake of short-term national interests.

Ireland

Ms. FITZGERALD (Minister for Labour Affairs) -- ... Firstly, it is clear that while the ILO Constitution does not rank the different standards in order of priority, there is broad agreement on what constitutes core labour standards and I think the more targeted approach suggested by the Director-General is important if we are to achieve what we set out to achieve.

Secondly, there is the question of what means need to be adopted to make progress on this issue. The possibilities are either to develop new instruments, amend the ILO Constitution, or proceed within the existing Constitution. We believe that proceeding within the existing Constitution is more likely to command widespread support and establish the consensus we require.

Italy

Mr. TREU (Minister of Labour) -- ... The Italian Government believes that the ILO has the legitimacy, the experience and the strength to fully implement its traditional role with the new tasks which come from the new world. The Report of the Director-General has indicated some proposals which we consider appropriate, realistic and useful. He particularly supports the idea of a declaration, a declaration which will make explicit some basic principles and fundamental standards which are implicit in the ILO Constitution and therefore should be a target respected by all sectors and all markets. A more proactive role for the ILO in setting and promoting these principles is important in order also to reduce the risk of unilateral and protectionistic initiatives. Protectionist unilateral moves may give to individual countries some short-lived advantages but be detrimental to long-term common development by undermining this consensual approach which is essential for the implementation of common objectives.

Ms. SASSO MAZZUFFERI (Employers' delegate) -- ... The acknowledgement of the specific and unique role of the ILO in the social field means that the Organization must strengthen its ability to ensure observance of the principles underpinning the seven Conventions on the fundamental rights of workers.

That is the reason behind the proposal for a solemn declaration embodying these principles. It could solve the problem of a lack of ratification of these essential instruments, and above all, strengthen the ILO's effectiveness in a field unique to our Organization, i.e., the safeguarding and universal application of these essential rights.

Mr. VANNI (Workers' delegate) -- ... The Director-General's proposed idea that ILO membership presupposes respect for the principles underlying the seven core Conventions, and that this respect should be embodied in a solemn declaration to be adopted in 1998 which would be binding on all member States, has the wholehearted support of the Italian workers.

Japan

Mr. SUZUKI (Employers' adviser) -- ... Instead, I think it would be fitting for the ILO to adopt a solemn new ILO declaration in clear and simple terms incorporating the subsidiarity principle as the ILO's basic and universal principle. This type of declaration would help not only member States but also their private sector constituents to discover new and appropriate ways and means of solving domestic questions and would also enlist the support and initiatives of all those involved in order to cope with new issues arising from globalization. It would also help member States, including their tripartite constituents, to do everything possible to cooperate with the ILO in addressing new issues and problems arising from the globalization process.

Mr. ITO (Workers' delegate) -- ... The Japanese Trade Union Confederation considers that it is necessary to establish a new supervisory machinery on core labour standards, through which the ILO should be able to supervise the application of these standards even if they are not ratified by a particular country. In order to create this new machinery, the Governing Body of the ILO should discuss the concrete measures at the coming session of the Governing Body this November.

Jordan

Mr. ALKHASAWNEH (Minister of Labour) -- ... This is why we feel that it is necessary to continue the discussion and a balanced dialogue, and to take account of commitments undertaken in international organizations. Economic and social development should be complete, and international trade should not be restricted on any account.

Kenya

Ms. TOLLE (Government delegate) -- ... concerning some aspects of the social dimensions of the liberalization of international trade, Kenya concurs with the Director-General's views that all workers should be able to have a fair share of the fruits of globalization and that, to be able to attain such an objective, a system of tripartite consultations should be undertaken at the national level. Consequently, Kenya endorses the view that ILO member States should be encouraged to voluntarily ratify and implement at the right time the seven core Conventions as identified both by the recent World Summit for Social Development and the Singapore Ministerial Conference of the World Trade Organization.

In particular, priority areas should cover those standards in the fields of freedom of association, the right to organize and to bargain collectively, abolition of forced labour, equal treatment and non-discrimination.

... The cardinal principles which have always characterized such excellent work by the ILO over these years are its basic philosophy of voluntarism, tripartism and free choice of its social partners. At no time was there any threat to use coercive measures in order to enforce ILO labour standards including those covering workers' fundamental rights. Both the membership and ratification of ILO standards have always remained a matter of free choice by the country concerned.

... We should not lose sight of the fact that the ILO membership has always remained purely voluntary and that respect for its labour standards have always depended on moral persuasion and not on the imposition of trade sanctions, since the ILO is not about sanctions. These principles must be respected during the ongoing debate to amend the ILO Constitution through the adoption of a Declaration with the aim of making it mandatory for all countries to ensure the universal guarantee of fundamental rights as a prerequisite for workers to be able to share the benefits of globalization.

Mr. OWUOR (Employers' delegate) -- ... My delegation does not share the Director-General's proposal for the ILO to codify its core Conventions in the form of a charter with its own means of supervisory provisions spelled out in the instrument itself, with follow-up taking the form of regular reports to the Director-General and discussed, by an ad hoc committee of the Conference.

... My delegation also considers that the difference in ILO standards between the so-called "core Conventions" and "non-core Conventions" is likely to create an artificial situation where some Conventions will be regarded as second-class instruments, despite the fact that the non-observance of some of them may be harmful to the health and welfare of the affected workers, and even more so than the so-called "core Conventions". The ILO is also currently operating on a stringent budget, therefore creating an additional supervisory machinery in addition to the current Committee of Experts, the Governing Body on Freedom of Association and the Conference Committee on Standards will only increase the cost of ILO operations without any value added whatsoever.

Republic of Korea

Mr. CHO (Employers' delegate) -- ... It is encouraging to note that the ILO's ratification campaign has obtained considerable success. The recent decision made by the Governing Body to request member States to submit reports on core Conventions at more frequent intervals can encourage the States which have not yet ratified them to do so. A declaration on the basic principles of core Conventions can be envisaged. Another mechanism for the supervision of the application of ratified or unratified Conventions could be discussed in the form of a report by the Director-General on social progress throughout the world. However, these measures should be undertaken within the context of the Constitution.

Mr. PARK (Workers' delegate) -- ... In the case of Korea, none of the core Conventions has been ratified. I support a declaration of the Conference on fundamental rights and a regular Report of the Director-General on social progress, which will surely promote the instruments for social progress.

Kuwait

Mr. AL-KULAIB (Minister of Social Affairs and Labour) --... [W]e feel that the existing supervisory and follow-up machinery provided for in the Constitution is sufficient to achieve the ILO's objectives. Setting up new machinery would make the Conventions much less flexible and discourage member States from ratifying new instruments.

Mr. AL HAROON (Employers' delegate) -- ... as we are all concerned with the social effects of globalization and the process of development towards the general welfare of all countries. Moreover, we share with him [the Director-General] the opinion that all member States, by virtue of their acceptance of the Constitution as well as the objectives and principles of the ILO, are bound to a minimum of obligations with respect to fundamental rights, ...

Lesotho

Mr. MOLOPO (Minister of Labour and Employment) -- ... It is indeed imperative that fundamental social values be taken into account for globalization to be sustainable in any way. These values form the basis of the ILO Constitution and the Declaration of Philadelphia. They are also significantly reflected in the core Conventions of the ILO. This, to me, emphasizes the fundamental role of the ILO's standard-setting machinery. For that reason we fully support the move towards strengthening the supervisory machinery of the ILO as a means of maintaining the balance between trade liberalization and the social dimension.

We applaud the campaign for ratification of the core Conventions which, as I pointed out earlier, reflect the fundamental values necessary for sustainable economic growth and worldwide liberalization of trade.

Libyan Arab Jamahiriya

Mr. DERBI (Government delegate) -- ... I should also like to make some comments on some of the ideas expressed in the Report, some of which we accept. First of all, international labour standards and their strengthening are questions of practical importance for progress and social security within the limits of national sovereignty and the prerogatives of the legislative authorities. Secondly, there should be no direct or indirect link, expressed or implied, between the liberalization of trade and the respect for international labour standards. There is no logical proof that this link should be maintained. Even the Singapore Conference rejected the idea of such a link which could jeopardize the work of our Organization which is a competent authority of great importance and differs from other organizations by virtue of its tripartite structure. Thirdly, we reject the establishment of new monitoring mechanisms as we need to optimize the benefits of the existing mechanisms. Fourthly, we also reject the concept of a Declaration of Principles and we urge countries to bear in mind the implementation of standards and to submit complaints as provided under the Declaration and the Constitution of Philadelphia.

Luxembourg

Mr. JUNCKER (Prime Minister) -- ... [I]n the next two weeks we will need a great deal of imagination, determination and courage in order to lay the groundwork for an equitable social framework of the multilateral trade system, so that all the parties involved can enjoy the benefits of trade liberalization.

... We support the idea of a declaration of the International Labour Conference, which should be based on certain guiding principles.

Firstly, we should agree on a platform of fundamental rights of workers. The seven international labour Conventions proposed by the Director-General, as I see it, constitute a useful, albeit minimum framework.

Secondly, the ILO's standard-setting work cannot be reduced. Standards are the linchpin of the whole system...

... Thirdly, globalization will only yield positive overall results if the workers who contribute to creating wealth also enjoy its fruits, particularly in terms of their rights and social protection. The idea of universally recognized social labels merits further thought.

Fourthly, the multilateral system in its economic and social aspects can only function properly if all the actors apply the standard-setting instruments, and we must ensure that the ILO has the necessary tools to this end; this universal and tripartite -- and hence unique -- institution must not be allowed to become a paper tiger.

... Fifthly, any action we take should be planned stage by stage in a precise timetable.

Sixthly, what we undertake today must not be "art for art's sake". Revamping the ILO's standard-setting activity is not an end in itself. The results of our discussions must be felt by the other actors involved. If I may say so, we must send the ball back to court of the World Trade Organization. The two entities must not just coexist side by side, there must be regular exchanges between them.

Malaysia

Mr. DATO' LIM (Minister of Human Resources) -- ... [T]he Malaysian Government regrets that the Director-General's Report contained a number of initiatives which are inclined towards linking labour standards with international trade. Some of the proposed coercive measures contained in his report, such as ... the extension of the freedom of association supervisory mechanism to include other core labour standards, will generate widespread unemployment and hardship for workers and their families in the developing countries. These initiatives will be counter-productive to the ILO's efforts to promote full employment and raise the standard of living and welfare of the workers. Furthermore these proposals seem to reflect a lack of confidence on the part of the ILO in promoting labour standards using the power endowed within its existing constitutional framework. As such, the Malaysian Government is unable to accept these initiatives.

Efforts to promote the ratification of core labour standards among the member States have the support of the Malaysian Government. Whilst the Malaysian Government supports efforts to promote the ratification of core Conventions, such efforts should be carried out in accordance with the spirit and intention of the Declaration of Philadelphia, which acknowledges that there are different socio-economic realities and technical capabilities among member States. A more pragmatic approach to enable member States to rectify core labour Conventions is through technical assistance, especially in human resources development, under the aegis of the ILO. This should be pursued vigorously in order to have the catalytic effect in providing the impetus for the developing countries to cope with the challenges of globalization and to uplift them out of their economic difficulties. The spin-off benefits will result in higher standards of living and better working conditions for the workers.

Mali

Mr. DIARRA (Minister of Employment, Public Service and Labour) The Government of Mali remains convinced that the ratification of international Conventions is essentially a question of the political will of each of the member States of the ILO. Therefore, the ILO has the duty of stressing the fundamental issues and assisting member States in charting their policy and implementing them by continuing to improve their own mechanisms to monitor application of Conventions.

Mauritius

Mr. OBEEGADOO (Minister of Labour and Industrial Relations, Mauritius) ... We reaffirm, in line with the OAU position outlined by earlier speakers, our commitment to the universal adoption of the seven core Conventions and our belief in the need to strengthen the supervisory mechanism essential to attain that objective.

In March of this year, during the deliberations of the Governing Body, Mauritius suggested that a declaration embodying the fundamental principles of the core Conventions be adopted so as to give a new impetus to the drive for their ratification of implementation without contravening the principle of voluntary adherence by member States. We further suggested that regional monitoring and evaluation mechanisms be set up by member States themselves, to be coordinated by the multidisciplinary teams in collaboration with the area office. We believe that such a mechanism, by being closer to the sensitivities and specificities of a given region, would allow for a better appreciation of the obstacles to ratification while turning the multidisciplinary teams into a more supportive instrument of ILO's work in the field.

We believe that viewed in this light, the Director-General's proposal of a solemn declaration in 1998 reaffirming universal respect by ILO member States for fundamental workers' rights could be acceptable to all and should accordingly be further discussed to clear all ambiguities which have led to some reservations being expressed.

... When all is said and done, what matters most is the exercise of consensus building as to the way forward for the ILO. To that end, it is essential that all should comprehend the apprehensions of the less developed countries that their one major source of strength -- their comparative advantage in specific areas of international trade -- could be undermined by the universal application of labour standards if ratification is either removed from the ambit of the national decision-making process or the pace of ratification determined without consideration of national realities. In a new world economic environment made up of untold dangers, where the pitfalls are many and where the uncertainties of international competition bear heavily on the poorer nations, these affairs need to be addressed.

Mexico

Mr. BONILLA GARCIA (Minister of Labour and Social Welfare) -- ... If we, the Members, were to subscribe to the idea of a mechanism through which the ILO would "certify" the observance of Conventions -- even ones that have not been ratified -- as well as progress in favour of social justice in each country, we would be ignoring our different national realities.

We would be denying the freedom of each Member to determine its obligations in a sovereign manner and we would be giving up the inherent right of the citizens themselves to judge and assess the progress achieved in their own countries. To require that standards be observed which have not been approved by the competent bodies of the States is therefore a dangerous initiative.

Mongolia

Mr. BOLD (Government delegate) -- ... As a long-standing ILO member State, Mongolia firmly advocates increased acceptance and observance of the core ILO Conventions and strengthened supervisory mechanism to ensure the fullest possible compliance.

Morocco

Mr. DEMNATI (Minister of Labour and Social Affairs) -- ... We fully agree with the Director-General in respect of workers' fundamental rights, the scope of which has been determined by certain Conventions adopted by the ILO and which are the cornerstone of social progress.

But at the same time we believe that every effort should be deployed by our Organization for the purpose of achieving international consensus on the fundamental rights which should be respected by all while, at the same time, determining their contents and the conditions of exercise without other rights and freedoms being encroached upon. This is particularly necessary, given that the relevant Conventions and Recommendations adopted by the International Labour Conference are restricted to a series of general principles and do not determine the border-line between the application of these principles and the exercise of other rights.

We also believe that the substance and scope of those rights and the achievement of consensus in their regard are indispensable for the observance of those rights by the international community. That consensus is likely to encourage member States to ratify the core Conventions and to allow the Organization to use its machinery properly.

... We also think that imposing obligations on States that those States have not accepted would constitute an unacceptable legal precedent, given that it would run counter to the fundamental principles enshrined in the Treaty of Vienna.

Namibia

Mr. SHAETONHODI (Deputy Minister of Labour) -- ... We recognize that there is an urgent need to strengthen the ILO supervisory machinery and to support effective implementation of these standards throughout the world.

... Namibia further supports the motion that member States, whether or not they have ratified the core Conventions, should be obliged to submit regular reports to the Organization. In our view, such an approach could help to instil among member States a sense of responsibility towards the achievement of social progress worldwide.

Nepal

Mr. NEUPANE (Minister of Labour) ... Attempts to link labour standards with trade and social labelling seen with a one-sided perspective naturally concern us greatly.

Netherlands

Mr. MELKERT ( Minister of Social Affairs and Employment) -- ... The Government of the Netherlands warmly supports a number of ideas in Part I of the Director-General's Report. For instance, the spelling out of the principles of the Constitution and the Declaration of Philadelphia with regard to the fundamental workers' rights in a solemn declaration can play an important role. However, it is essential that this should be combined with a procedure to monitor compliance with the declaration worldwide. If necessary, compliance should be supported by appropriate ILO means of action including supervisory procedures and technical cooperation.

Also, other suggestions in the Report, in particular those referring to the existing precedent of the freedom of association procedure, should be explored further. I trust that the Governing Body in November 1997 will embark on an in-depth discussion of these matters, including the establishment of an appropriate work programme.

It is operational and not merely declaratory action that we need now. In the context of these discussions, it must be reiterated that any standards-related procedure in the ILO take place on a voluntary basis, as well as through the safeguarding of due process and does not result in sanctions.

New Zealand

Mr. BRADFORD (Minister of Labour) -- ... The Director-General has also floated the idea of some form of statement of principles to strengthen the universal application of core worker rights. New Zealand is prepared to contribute to a process to consider the establishment of such an instrument, but we have some fundamental questions to pose. What objectives do member countries want to achieve? What alternative ways are there to achieve those objectives? Will the proposed solutions compromise the principles of voluntarism and flexibility in achieving those objectives?

Mr. MARSHALL (Employers' delegate) -- ... The proposal that countries, on joining the ILO, should accept certain core principles has considerable merit but only if it is acknowledged that when a complaint is made, it will be tested against outcomes achieved, not against the process by which they are achieved.

Mr. WILSON (Workers' delegate) -- ... [N]ot only should the ILO ensure that all partners in the multilateral trade system respect fundamental rights, preferably by ratification of, and compliance with, the core Conventions, but further steps should be taken to strengthen the supervisory machinery.

Nicaragua

Mr. NAVARRO MOREIRA (Minister of Labour) -- ... My Government endorses the activities to promote the essential conditions for social progress which should draw on the principles enshrined in the ILO Constitution and the Declaration of Philadelphia. We support the universal recognition of fundamental rights, in particular the rights of freedom of association, collective bargaining, the ban on forced labour, including child labour, equality of treatment and non-discrimination.

... Let me state once again that Nicaragua respects, and will continue to respect, the principles of the ILO Constitution and the Declaration of Philadelphia in our endeavours to promote peace and social justice. Some of the instruments enshrining these principles and adopted by the International Labour Conference may need to be reworked, taking into account the advances made in trade liberalization and the globalization of the economy, so that countries like my own can draw full advantage from their provisions.

Norway

Mr. OPSETH (Minister of Local Government and Labour) -- ... Worldwide acceptance and application of the core labour standards should be a principal and prime objective for the ILO and the member States. To achieve this, my Government is going to support the idea of the Director-General to produce a solemn declaration for possible adoption by the Conference in 1998. This declaration should establish that all member States, by virtue of their acceptance of the ILO's Constitution, and the objectives of the ILO, should be bound by a minimum level of respect for fundamental workers' rights, even if those member States have not ratified the relevant Conventions. A draft text for such a declaration should be brought forward as soon as possible, and should be discussed at the November meeting of the Governing Body of the ILO.

Ms. BUVERUD PEDERSEN (Workers' delegate) -- ... Part I of the Report of the Director-General raises the question whether the supervisory machinery of the ILO on the application of Conventions should also include States which have not ratified the core Conventions. In my opinion, the answer must be yes. The Constitution of the ILO to which all member States have expressed adherence establishes the principles on which the ILO is based and does, in my opinion, commit the States on matters concerning the most fundamental workers' rights.

Oman

Mr. AL-BUSAIDI (Undersecretary of the Ministry of Social Affairs and Labour) -- ... [W]e feel that there is no need for us to resort to new mechanisms for international labour standards, because the present system is sufficient.

Pakistan

Mr. AKRAM (Government delegate) -- ... We are convinced that the first and most important step towards the implementation of core labour standards is the ratification of the relevant Conventions by all member States. Such ratification would strengthen the ILO's effectiveness and ensure the optimal utilization of its supervisory mechanisms. We believe that the possibilities offered by the ILO Constitution for standard setting and supervision have not been exhausted. The current machinery can be put to better and more effective use through streamlining and by ensuring its impartiality and transparency.

Mr. TABANI (Employers' delegate) -- ... We are therefore compelled to state in unequivocal terms that the idea of a declaration and that of the overall social label are not acceptable. Such proposals tend to legitimize the use of labour standards for protectionism, and thus by implication endorse the social clause.

Mr. AHMED (Workers' delegate) -- ... The importance of the ILO core standards has been stressed from time to time by all those who believe in improving the socio-economic condition of the workers, since these fundamental human rights are universal in their application. That is why the World Social Summit was upheld by all the member States, imposing the responsibility on the ILO as the leading agency in poverty alleviation and employment promotion.

Therefore, we not only urge the ratification of these core Conventions by all member States, but also their implementation in letter and in spirit in the respective States.

Panama

Mr. DUCREUX (Government delegate) -- ... My country considers it necessary to ensure the strengthening of the universal principles which guide the life of the ILO as the most effective way of opposing the growing dangers arising from globalization in the absence of a social dimension and of ensuring a worldwide cooperation system which will protect all, with no national or social exclusions whatsoever.

Mr. CASTILLO MIRANDA (Workers' delegate) -- ... We must likewise flag the need for all labour rights and guarantees to be incorporated into the regional and global conventions and treaties for integration and free trade which are introduced under the aegis of the World Trade Organization.

We wish to see the social clause become an instrument aimed at the observance of universally recognized trade union rights, connecting the main principles of the ILO to the process of trade integration.

Philippines

Mr. QUISUMBING (Secretary, Department of Labor and Employment) -- ... While we also recognize the need to discuss even controversial issues [...] in the constructive sense, they should be thrashed out first in the Governing Body. This is necessary before we can look into declarations, measures or mechanisms for enforcement without being hopelessly embroiled in controversies.

... A solemn declaration affirming the principles of core labour standards identified in Copenhagen, without infringing on the sovereign rights of Members, could enhance progressive ratification and enforcement.

Mr. TAN (Workers' delegate) -- ... First, and on a more substantive note, we pose a challenge to the ILO to ensure more definitive actions, concrete measures, and general universality in the application of its fundamental standards. The recognition and respect for the fundamental rights of workers, enshrined in the ILO Conventions, by all of the member States and enterprises, should be further enhanced and strengthened by adopting a more appropriate and effective mechanism of application and implementation of standards, including the establishment of a regular system of supervision and processing of complaints.

Poland

Mr. ZAJAC (Employers' delegate) -- ... The Confederation endorses the promotion of the ratification of the core Conventions. It is also of the opinion that we have to take up, in the form of a declaration, the issue of the rules of transparency declared in the Constitution and in the Declaration of Philadelphia.

We believe that the means to achieving this objective should be in keeping with the spirit and letter of the Constitution. The procedures must be objective and should not take the form of the imposition of economic sanctions.

We believe that these procedures must be sufficiently forceful to assert and strengthen the role of the ILO in protecting workers adequately in order to avoid intervention and claims by other organizations and governments.

Portugal

Ms. FERNANDES RODRIGUES (Minister of Vocational Training and Employment) -- ... The Report of the Director-General proposes an in-depth reflection on the need to and the means of guaranteeing the fundamental rights of workers in all the member States.

These fundamental rights relating to freedom of association and the right to collective bargaining, non-discrimination, the prohibition of forced labour and the exploitation of child labour, spring from and find their foundations in the freedom and equality of all people, which are an integral part of the universal values which any constitutional State of law must recognize and guarantee.

The definition of the fundamental rights applicable to all the member States of the ILO thus finds its justification independently of the social repercussions of the liberalization of international trade. The debate on the social dimension of the liberalization of international trade has made it more obvious that we need to define the fundamental rights of workers.

The Government of Portugal endorses the definition of the fundamental rights of workers which States must observe and enforce as a result of the simple fact that they are Members of the ILO. The sovereign will of States will continue to be respected and for this reason they will be free to subject themselves to the fundamental rights, but they express the desire to accept them when they become Members of the ILO.

The liberalization of international trade creates conditions for the economic growth of all countries, which must ensure the social development of their populations to the extent that economic growth permits.

The reinforcement of social justice will contribute to the integration of national and regional economies, will promote peace throughout the world and will be the most effective guarantee for the failure of the protectionist concepts advocated by some.

... [A] definition of the fundamental rights of workers must have an adequate monitoring system. This surveillance could be organized on the basis of two elements which are already part and parcel of the ILO's usual instruments.

First of all, the submission of periodic reports on national and legislation practice in relation to fundamental principles.

Secondly, a procedure to assess the representations concerning specific cases, identical to that used in connection with freedom of association.

The assessment of these cases would make it possible to create a set of judicial precedents relating to the content of the fundamental principles, very useful for the preparation of legislation and for decisions of national courts on fundamental rights.

Mr. LANÇA (Workers' delegate) -- ... We therefore support the adoption of a declaration which will progressively create the conditions so that all ILO member States, regardless of having ratified or not the appropriate Conventions, abide by the principles of the ILO's core Conventions concerning freedom of association, collective bargaining, prohibition of forced labour, non-discrimination, minimum age for employment and trade union organization at the workplace.

... Experience has shown that it is not enough to define standards and ensure that they are ratified by most countries. The most important thing is to strengthen the control mechanisms and actions that contribute to the enforcement of those standards in order to lead to their practical application by governments and companies and their incorporation into their policies and strategies and into the everyday practices of State and employer bodies, at both the national and international levels.

Russian Federation

Mr. LUBLIN (First Deputy Minister of Labour and Social Development) -- ... In principle we support the Director-General's proposal that the ILO should draw up a document in the form of a declaration or charter on observance by member States of the fundamental rights in the social and labour sphere.

At the same time, for the purpose of further work on this question, it is important even in the preliminary stage for us to know how and to what extent these fundamental rights will be enshrined in such a document, and what sort of supervisory machinery is envisaged.

Mr. SHMAKOV (Workers' delegate) -- ... These rules presuppose respect for fundamental rights, which, among other things, must be guaranteed by all the partners engaged in the system of multilateral trade.

This is an extremely important issue at this time as both the World Trade Organization and the Organization for Economic Cooperation and Development are now considering whether to extend their membership. We support the idea of adopting a new declaration bringing together the universally acknowledged fundamental rights. We also support the establishment of a supervisory machinery to monitor its application, for instance in the form of a periodic report by the Director-General on social progress in the world, with a subsequent tripartite discussion.

... To conclude, I would like to sum up my assessment of the Report by quoting a well-known phrase from the Preamble to the ILO Constitution: "the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries". A genuine awareness of this home truth on the part of all the social partners will make it possible to answer a question that many people are now asking: Is there a future for the ILO? The workers of Russia sincerely hope that the answer will be a resounding "yes".

Saudi Arabia

Mr. AL-SENANY (Minister of Labour and Social Affairs) ... In so far as they address the question of the future of the Organization's standard-setting activities, and in order to take full advantage of the know-how of the Organization itself and the social partners, it might be useful if we drew up a questionnaire to be sent out by the Office to member States, which could include the following points.

First, the need to reaffirm the conclusions of the WTO Ministerial Declaration adopted in Singapore, namely to the effect that the ILO is the competent body for setting international labour standards.

Secondly, that there is no need to establish a new procedure for the supervision and monitoring of the application of international labour standards; that to attain our objectives, existing mechanisms may either be considered as sufficient or may be strengthened under the ILO Constitution.

Thirdly, the gap in growth rates among member States is a reality which cannot be ignored, and we should bear such differences in mind when we are drawing up international labour standards. What can be applied in some countries might be inapplicable in others.

Fourthly, since so few States have ratified the international labour Conventions, we should examine why this is the case, and consider the possibility of permitting partial ratification of some of the Conventions, so as to achieve greater flexibility in their application.

Fifthly, it might be desirable to review the working methods of the Committee on the Application of Standards, in so far as certain legal texts may lend themselves to various interpretations. That is why we propose that the activity of this Committee should be restricted to examining flagrant breaches of the Conventions, without going into detailed interpretations of texts which might be the subject of a disagreement.

Senegal

Mr. DIOP (Minister of Labour and Employment) -- ... Today we realize that the ILO is called upon to react to what is described as a turning-point in the development of the world economy with the conclusion of the agreements which emerge from the Uruguay Round and the creation of the World Trade Organization. It is therefore most timely that the ILO should reaffirm its principles and its rules and should give fresh impetus to their application, in view of the issues and the unprecedented possibilities now open to the international community.

Mr. DIOP (Workers' delegate) -- ... That is why we are in favour of the proposed solemn declaration of fundamental workers' rights on behalf of all Members of the ILO, whether the corresponding Conventions have been ratified or not.

What is the point of having international labour standards if we do not strengthen the supervisory mechanisms so as to follow them up and enforce them?

Singapore

Mr. LEE (Minister for Labour) -- The [WTO] Ministerial Conference also dealt with the issue of linking labour standards with trade. While renewing its commitment to the observance of internationally recognized core labour standards, the Conference however rejected the use of labour standards for protectionist purposes, and upheld the comparative advantage of low-wage developing countries. We are therefore perplexed that against this backdrop of trade liberalization, the ILO Report entitled The ILO, standard setting and globalization has proposed a link between social progress and globalization resulting from trade liberalization. Under this proposal all member States will be required to comply with the seven core labour Conventions, regardless of whether they have ratified them.

... If the measures proposed by the ILO Report were to be pursued, member States could be coerced into complying with the core labour Conventions. For some countries, given their stage of economic development, it may not be possible for them to do so and they would run the risk of trade discrimination.

Slovakia

Mr. TKAC (Government delegate) -- [T]he Government group of the Slovak delegation is in favour of strengthening the International Labour Organization's machinery for supervising the fundamental standards of human rights.

South Africa

Mr. MBOWENI (Minister of Labour) -- ... Labour standards should not be used as a smokescreen for protectionism. We should develop an international consensus on labour standards and this kind of consensus can only be achieved through ongoing dialogue which enables us to understand and appreciate the specific conditions in different countries. There should be respect for a programme of fundamental rights of workers. Formulating and monitoring such minimum labour standards should reinforce tripartite consultation and not undermine it.

Mr. SHILOWA (Workers' adviser) -- ... The same countries that oppose the Director-General's Report are the ones who in Singapore were saying that the ILO is the mechanism to deal with the same issues of core standards. Yet they would want to remove any teeth it may have. It is time for us to question their precise motive. They seem more willing to satisfy the demands of unelected institutions without any due regard to the electorate.

... I want to place it on record that while there may exist differences in approach on certain issues, there is overwhelming support from us for the overall strategic

Spain

Mr. ARENAS BOCANEGRA (Minister of Labour and Social Affairs) -- ... I consequently support the proposal of the Director-General to revitalize the international labour standards procedure by publicly stating first that we are committed to the principles that are contained in the ILO's Constitution and in the Declaration of Philadelphia. ... [I]t is the duty of the ILO to set up the right multilateral legal framework that will effectively guarantee that globalization and the liberalization of international trade will always go hand in hand with social progress and improved living and working conditions.

... [W]e are also quite sure that it is necessary to have universal compliance with human rights in the workplace as enshrined in the ILO Conventions on freedom of association, collective bargaining, prohibition of forced labour, the absence of discrimination and the requirement for a minimum working age. Furthermore, we are convinced of the need for the ILO to step up the world campaign to achieve greater ratification of the Conventions by those States that have not yet done so.

I wish to focus on the elaboration and discussion of a draft solemn declaration that, rather like the Philadelphia Declaration, will serve to define the duties of the member States regarding their basic social rights.

Mr. JIMENEZ AGUILAR (Employers' adviser) -- ... Thought must indeed be given to the future of international labour standards, and to the need to adapt them to the globalization of markets and the factors of production. ILO's priority should be to protect the fundamental rights of workers and employers. ... We need a new standard-setting policy based on subsidiarity to strengthen the ILO's effectiveness in the field of fundamental rights, and to contribute to modernizing instruments so that they can be duly applied and not halt employment creation.

Sri Lanka

Mr. TAMPOE (Workers' delegate) -- ... I venture to think that all delegations to this session would have benefited from the Report of the Director-General on The ILO, standard setting and globalization. I also think that the Workers' delegations would support a declaration by this Conference that "even in the absence of ratification of the relevant Conventions, all member States, by virtue of their acceptance of the Constitution and the objectives and principles of the ILO" should be "bound to a minimum of obligations with respect to fundamental rights", as envisaged in the Report. ... As the Director-General states, this would provide a constitutional basis for the ILO to act in promotion of these fundamental rights, by suitable mechanisms that would ensure not merely their ratification, but also their implementation both in law and in practice, as is required by the Constitution.

Sudan

Mr. BEDA (Minister of Manpower) -- ... Any declaration on core labour standards extending obligations to those who are not party to the ILO Conventions would contravene the principle of voluntary adherence by States and would create problems that prevent members States from ratifying.

Sweden

Ms. WINBERG (Minister of Labour) -- ... I therefore welcome the idea of a solemn declaration confirming the obligation to respect fundamental human rights that is already included in the ILO Constitution and as part of ILO membership. Such a declaration should clarify existing constitutional provisions and define the universally acknowledged fundamental rights. This can be done independent of the ratification of the relevant seven ILO core Conventions referred to, namely those on freedom of association and collective bargaining, the prohibition of forced labour and child labour (a question which concerns more and more people in Sweden and other countries) and on equality of treatment and non-discrimination.

Such a declaration should be accompanied by a simultaneous strengthening of the ILO's supervisory functions. This does not imply that an entirely new mechanism has to be established. I can foresee a procedure and a function parallel to that which already exists today under the Governing Body with regard to freedom of association. Nevertheless, I think it is advisable for the Director-General to elaborate on several options for the Governing Body to decide on next November.

I would, however, like to voice a word of caution. The recognition of the fundamental, constitutional nature of some rights does not mean that all other standards are to be placed in a less important category. Those fundamental rights are an absolute condition for the good functioning of the global labour market, establishing a number of principles not tied to levels of economic development.

Mr. ARTIN (Employers' delegate) -- ... I wish, however, to make an observation in passing about Part I and that is that the Director-General, when he tackles the future of globalization, seems to me to be often very much a prisoner of the thinking of the past and of the ideas of "social engineering" which were abandoned by most others after the 1970s. He also seems to take it for granted that all principles that were natural in 1919 or 1946 must necessarily be valid also for a totally changed world of work of the next millennium. I am not so certain of that.

Mr. EDSTRÖM (Workers' delegate) -- ... After the WTO Ministerial Conference in Singapore, the world's attention is now focused on the ILO. Will the ILO be given the mandate to strengthen its supervisory procedures in respect of fundamental standards of human rights? Taking into account what governments have stated at the UN World Summit for Social Development, at the WTO Ministerial Conference in Singapore and in this Organization, the answer would logically be affirmative. But I share the concern of the Director-General that some governments take contradictory positions in different international organizations, and that they act as if they are not bound by the obligations to which they have committed themselves when they became Members of the ILO. In this respect I would like to say that we are profoundly concerned by the statement of the Government of Colombia, on behalf of 113 States.

These countries have, in our view, lost all credibility in their claimed support for the ILO and its fundamental human rights.

Switzerland

Mr. NORDMANN (Director, Federal Office for Industry, Arts and Crafts and Labour (OFIAMT) -- ... In principle, we are in favour of a declaration on the fundamental principles of the ILO, provided this declaration is not merely a statement of intent, provided it leads to concrete results. What we would prefer would be universal ratification of the fundamental Conventions themselves.

Thailand

Mr. EARSAKUL (Minister of Labour and Social Welfare) -- ... We, furthermore, feel that, as far as the proposal for a declaration on core standards is concerned, extreme care should be taken not to circumvent the relevant ILO Conventions, which require ratification; nor should such a proposal be allowed to fall foul of the well-established rule of international law that States cannot be bound without their specific consent. Given such inherent problems, to name but a few, we submit that the Report be further discussed and considered by the ILO Governing Body taking full account of the concerns voiced here in this forum.

Thailand's democracy, while undergoing a continuing process of reform, has firmly taken roots within our society. We have thus no reservation whatsoever in fully supporting the Director-General's advocacy that ILO member States recognize their responsibilities in respect of fundamental human rights enshrined in the ILO Constitution.

Tunisia

Mr. SAHBANI (Workers' delegate) -- ... [T]he Organization can use the authority vested in it by the Constitution, to question governments as to the reasons for failure to ratify or to adapt their legislation in such a way that their laws and practices conform to the overall goals of this Organization. This is why we support the explicit reference in the Report to the need to ensure a binding commitment to a minimum of fundamental rights which must be established and that these must be respected by all member States.

Turkey

Mr. ÇELIK (Minister of Labour and Social Security) -- ... In the view of my Government all workers should benefit in an equitable manner from the increase in welfare resulting from liberalization in international trade, and globalization should be achieved in conjunction with social progress. Therefore measures to be taken by the ILO to that effect deserve our support.

... At a time when the world is going through a rapid process of globalization, Turkey supports the Director-General's proposals calling for the adoption of an additional declaration that will become binding for all member States of the ILO and will place workers' fundamental human rights under more strict guarantees, irrespective of whether such Conventions are ratified by them or not.

Mr. ATASAYAR (Employers' delegate) -- ... As Turkish Employers, we believe that the existing ILO Constitution and Conventions are sufficient to protect the social rights.

Mr. MERAL (Workers' delegate) -- ... Additionally, we are for the establishment of a mechanism that would enable the ILO to monitor violations of rights under the Conventions on forced labour and discrimination in countries which have not ratified these instruments. On the other hand we also want the establishment of mechanisms that would secure a more effective supervision of the ratified ILO Conventions and their enforcement.

Uganda

Mr. ETIANG (Minister of Labour and Social Welfare) -- ... Uganda acknowledges the need to promote the ILO Conventions on the fundamental rights of workers and also attaches priority to their implementation.

... With regard to the supervisory machinery, we support the need to strengthen the supervisory procedures, but within the ILO Constitution. Introducing special supervisory machinery for core Conventions is likely to lead to possible duplication and jeopardize the special procedure of freedom of association which has given a unique and valuable contribution in this field. The work of the Committee of Experts on the Application of Conventions and Recommendations would also be affected in a similar manner.

... The proposed establishment of a declaration on fundamental rights would open the floodgates to the social clause and the linkage of international labour standards to trade. This matter has been discussed at different fora and such linkage has been rightly rejected. While I acknowledge the interdependence between ILO standards and international trade, I strongly believe that ILO standards should be handled by the ILO and trade matters by the World Trade Organization.

Ukraine

Mr. STOYAN (Workers' delegate) -- ... On the eve of a new millennium, the ILO has a wonderful opportunity to extend its standard-setting activities and create a basis for a future mechanism to foster the universal observance of basic rights.

The ILO must develop a doctrine on the social measures which accompany the globalization process. In my opinion, the adoption of a declaration on fundamental rights, which the Director-General has proposed, is an indispensable step along this path.

United Arab Emirates

Mr. AL-TAYER (Minister of Labour and Social Affairs) -- ... We believe that the present supervisory system to monitor the application of standards and the existing Constitution of the Organization do not call for any fresh measures or new machinery. The system is objective and non-discriminatory; indeed it has gained enormous credibility through the member States.

United Kingdom

Mr. SMITH (Minister of State for Education and Employment) -- ... Equity demands that globalization and trade liberalization must go hand in hand with the promotion of basic labour standards and fundamental human rights. It must not be a question of eroding the competitive advantage of developing countries but seeing social progress reinforce economic growth, so that we have more of each where we have both.

... A further mark of the ILO's success was the renewed commitment given by Ministers at the World Trade Organization Conference last December to the observance of core labour standards and to the primary role of the ILO in promoting those standards.

Now, commitment must be followed by action and our task is to ensure that the commitments made by Heads of State at the World Social Summit and by Ministers at Singapore are translated swiftly into concrete action. We shall be held to account at the coming World Trade Organization ministerial meeting and must be able to demonstrate real progress.

... A binding declaration embodying the principles implicit in membership of the ILO is a powerful concept. Work to develop this proposal should be taken forward directly to maintain the impetus towards the adoption of a declaration at next year's International Labour Conference.

Ms. FRANCE (Employers' delegate) -- ... The United Kingdom employers fully support the proposal to draft a solemn declaration of principles, containing the fundamental rights enshrined in the core Conventions. This should be done for adoption at next year's Conference. The declaration of principles would be a parallel political track which would not replace existing procedures but would form an important promotional tool. The application of these principles by all member States should be supervised, whether they have ratified the core Conventions or not. The Governing Body would no doubt make the initial assessment, but the key questions to ask are whether the country in question is in general compliance with these principles, or making positive moves towards compliance. There should be appropriate treatment for persistent patterns of abuse.

To United Kingdom employers, adopting a declaration is not just about the ILO rushing to respond to the WTO and seeking to justify its own existence, but about the ILO taking forward and updating its core mandate to address and improve workplace human rights in a worldwide context.

Mr. BRETT (Workers' delegate) -- ... We too believe that action is required in the ILO to live up to the commitments made in Singapore to the promotion of core labour standards. We fear, however, that some of the honeyed words of praise for the ILO spoken at the WTO meeting were themselves more about avoiding the issue of core standards being on the WTO agenda than they were about strengthening those standards at the ILO. I trust my fear is groundless or that the vast majority of governments will join with the Workers' group in its endeavour in the Governing Body to strengthen the supervisory mechanisms of the ILO in respect of the core labour standards. If this can be better achieved by the adoption of a binding declaration, then it is a concept that we will be pleased to embrace. The core labour standards are the norms of a civilized society and it should be an obligation placed upon all member States by the membership of this Organization.

United States

Mr. SAMET ( Government delegate) -- ... Let us recall that we are discussing here what we ought to do to assure the greater implementation of core labour standards, and there is nothing more basic to our responsibility. These standards are now well understood and well agreed upon. They include freedom of association, the right to collective bargaining, the prohibitions on forced labour and exploitative child labour, and the principle of non-discrimination in employment.

Let us also recall that the economics on this matter have been thoroughly debated in the OECD and in our own working party, and we have learned as much as the science of economics seems able to tell us. First, that trade liberalization and core labour standards are mutually reinforcing in terms of their economic benefits. Second, that the implementation of core labour standards will benefit all economies, no matter their level of development. These standards are simply not a question of what can be afforded; on the contrary we cannot afford not to implement them.

Indeed, let us further recall that, for the first time in a half-century of the GATT -- now WTO -- the world's trade ministers at Singapore recognized that implementing core labour standards is important to the objectives of the world's trade agenda and they committed themselves to support them. At the same time the declaration of our trade ministers should have finally put an end to the misstated allegations of protectionism and unfounded arguments about wage rates.

... My Government's view is that we should move forward on the following three points:

First, we ought to commit ourselves through new means, such as a declaration, to core labour standards, regardless of whether we have ratified any particular instruments.

Second, we should hold ourselves accountable for our adherence to those fundamental rights through a new supervisory mechanism.

Third, we need to give concrete meaning to such accountability by establishing additional incentives for compliance and disincentives for determined and wilful non-compliance, through labelling and other such means.

Mr. POTTER (Employers' delegate, United States) -- ... Bonded child labour, rampant discrimination, denial of any ability to exercise freedom of association, a persistent pattern of failing to enforce applicable labour and employment laws are the kinds of egregious circumstances that we believe should be encompassed in a solemn declaration of principles.

These principles would be separate from the details of the core Conventions or observations of the existing ILO supervisory bodies. They would be subject to a complaints procedure through the Governing Body, which would make the initial jurisdictional determination. This would be a parallel political track that would not supplant existing procedures.

The central questions would be: is the country concerned in general compliance with the principles or is there a persistent pattern of non-compliance; does the country enforce the labour and employment laws that it has in place; and in the case of developing countries, is the country making progress to meet the principles?

Mr. GRAY (Workers' delegate) -- ... It is vital for the Conference that this session should now agree to commit to new mechanisms which will strengthen the ILO's ability to effectively supervise all governments on their respect for the relevant Conventions, regardless of whether they have been ratified or not. To hesitate at this juncture would only weaken or do worse to the ILO's purpose and credibility as well as to that of the whole multilateral system. All governments and employers need to recognize this, as far too much is at stake. We must together develop the consensus to move forward with conviction. The global economy requires a new progressive internationalism, an internationalism dedicated to making the economy work for working people. For example, we need to elevate the rights of workers to at least the same importance as the protection of property in trade agreements, in the World Bank and International Monetary Fund conditionality, in the World Trade Organization's trade regulations.

All of our experience shows that allowing those who produce the wealth to share in it is essential to lasting democracy, social justice and unlocking the potential for human advancement. And that same experience shows that the most effective way to achieve that is to guarantee workers' basic rights.

Uruguay

Ms. PIÑEYRUA (Minister of Labour and Social Security) -- ... Firstly, the possibility of the Conference approving a declaration on fundamental principles to be respected by all States, whether or not they have ratified the corresponding international labour Conventions.

... Full compliance with the principles contained in those instruments should be an aspiration shared by all member States. Indeed, it is one way of reaffirming basic human rights.

However, at the legal and operative level certain clear concepts and definitions are still lacking, in particular as regards the practical aspects.

It is quite clear that the temptation to use some of the proposals for protectionist purposes should not be discarded as being merely a negative element. If these are adopted we may run the risk of generating a new source of international problems and discord that may be more serious than the ones that are supposed to be resolved.

We believe that thinking is not sufficiently advanced to establish a clear link between labour standards and trade measures and the way in which the proposed instruments could be used in a balanced manner which protects the rights of all workers, including those which are not directly linked to export activities.

Mr. VARELA (Employers' delegate) -- ... One should therefore ask whether the role of this Organization lies in anticipating change and adopting standards which are intended to cope with situations where the rights of workers may be reduced or, on the contrary, to adapt to change and react to specific situations which actually do involve abuse or a divergence from the objectives for which the ILO was set up.

The first position is idealistic, the second is realistic. Hence we have the idea that a declaration should be drawn up containing the essential principles guiding us in this time of change. As this century ends, it will serve as a basis for activities in the next millennium. However, we do not share the view that this declaration should be binding and be used as a pretext to sanction those countries which move away from these guiding principles.

The ILO was set up by States and should not go beyond the limits imposed upon it by them. It should not become a world labour policeman.

Mr. BENTANCOR (Workers' delegate) -- ... [W]e have to demand consistency between the declarations made at certain international summits and international practice and behaviour. Bolstering the supervisory machinery and respect for ILO Conventions, in particular in the sphere of fundamental human rights, are ways of assessing the political will of the member States to comply with the commitments and declarations made at these conferences.

Venezuela

Mr. CORRALES LEAL (Government delegate) -- ... Venezuela welcomes the Report of the Director-General, which opens the way for a renewal of the Organization -- a renewal which obviously cannot wait. We share with the Director-General the desire to accelerate the revitalization process, by effectively strengthening the application of the fundamental labour standards throughout the world, and by bolstering the Organization's ability to promote standards and its capacity to assess progress in the application thereof. In order to carry out this renewal, we do not need to reinvent the ILO's field of activity. It is already clearly defined in its mandate. We must instead give greater strength and dynamism to the machinery which is legitimately available to the Organization. To extend the responsibility of the Organization to take up matters or manage instruments outside its remit is to detract from its strength, from its ability to negotiate, and from its credibility in its own field of competence.

... In our opinion, strengthening the ILO should include three immediate lines of action. Firstly, the selection and review of those Conventions which may be considered as fundamental to labour protection, and the drafting of a declaration on this matter. ... Secondly, the definition of an effective strategy to promote the ratification of the appropriate international Conventions by those States which have not yet acceded to them, and thirdly, the study of specific follow-up and supervisory machinery for the application of standards, and of recommendations to be made by the Organization with due respect for the sovereignty of each State, as this is a fundamental principle of international law.

Mr. DE ARBELOA (Employers' delegate) -- ... Thus we agree fully with the Director-General as to how desirable it is to ensure that Conventions which correspond to fundamental rights and which are the essence of tripartism are universally ratified and applied and that the ILO concentrates on ensuring that this is so. Here we share our Government's and our workers' sector's concern and disagreement with any proposal for a "social label" which would be yet another barrier to the freedom of international trade.

Mr. RAMIREZ LEON (Workers' delegate) -- ... Linking the basic rights of workers with international trade seems to us to be a social and moral necessity.

But to strengthen the standard-setting character of the ILO cannot be delayed. That is why we welcome the mandate in this direction which the Organization received from the World Summit for Social Development in Copenhagen and the World Trade Organization, when both of them recognized the ILO as the natural and necessary instrument for standard setting and overseeing employment and working conditions at the international level.

We agree that it is urgent to issue a new solemn declaration which, like the Declaration of Philadelphia, would be able to reinvigorate the commitment of member States with the fundamentals of the Organization and its standard-setting function.

Viet Nam

Mr. NGUYEN LUONG (Vice-Minister of Labour, Invalids and Social Affairs) -- ... We wish to reiterate our position that the most effective way to encourage member States, especially developing countries, to accept and to comply with labour standards is to extend to them more technical assistance and cooperation. The imposition of standards and of any unrealistic supervisory mechanism will bring about only negative effects.

Zambia

Mr. MACHUNGWA (Minister of Labour and Social Security) -- ... Zambia recognizes the importance of the core international labour standards. It also recognizes the need for more ratifications of these standards. I therefore suggest that the ILO should strengthen its resolve to promote these Conventions and persuade member States to ratify them. I wish to take this opportunity to inform this august gathering that Zambia has ratified all the fundamental standards, namely Conventions Nos. 29, 87, 98, 100, 105, 111 and 138. This demonstrates our commitment to the standards and the importance we attach to their application.

The Director-General in his Report has made reference to the possibility of subjecting the foregoing standards to the same supervisory machinery that is applicable to freedom of association. It is acknowledged that freedom of association and its standards are relevant to all member States by virtue of the ILO Constitution and the objectives and principles of the ILO. It is also acknowledged that the other fundamental standards are equally important. Zambia, however, does not subscribe to the idea of expanding to other standards the same supervisory mechanisms as demanded of freedom of association. It is our considered view that ratification of ILO Conventions should continue to be voluntary. Perhaps what the ILO should be doing more is to intensify its efforts to get member States to continuously review their positions on the core ILO standards, with a view to getting the States to ratify those standards. I therefore endorse the suggestion for more use of the facility in article 15(5)(e) of the Constitution of the ILO, particularly in respect of the fundamental ILO standards.

Zimbabwe

Ms. CHITAURO (Minister of the Public Service, Labour and Social Welfare) ... However, in the same deliberations I have cited [in the Governing Body's Working Party on the Social Dimensions of the Liberalization of International Trade and the Working Party on Policy regarding the Revision of Standards], there was a clear rejection of linking labour standards to international trade for the obvious and simple reasons that such a linkage could very well be utilized to pursue protectionist tendencies.

Mr. SIBANDA (Workers' delegate) -- ... It is therefore only logical that the ILO has to move the debate a step further, and put in place a mechanism that will not only commit all member States to the core labour standard Conventions, but also monitor all member States in their implementation.

* * *

II. Observers

International Organization of Employers

Mr. OECHSLIN (Employers' delegate) -- ... The Governing Body has already begun to study measures which might help increase the effectiveness of the ILO in that area. Developing countries must be allowed to take full advantage of their competitive advantage, while at the same time our Organization has to ensure effective recognition of certain basic social principles. After defining these principles on the basis of a few specific Conventions, we examined various ways of proceeding, including specifically the drafting of a declaration listing the most important fundamental rights, and ways of making better use of the reports which member States present to the ILO on the effect given to Conventions which they have adopted. The Employers in general support these initiatives and hope that the Governing Body will be able, under the Constitution in its present form, to turn them into concrete proposals in November.

World Confederation of Labour

Mr. THYS (representative) -- ... Indeed, the member States must act in a manner which is consistent with the statements and commitments they have made in relation to social justice and full employment at major international meetings such as the Copenhagen Summit. Their willingness to ensure respect for the standards of the International Labour Organization is the real test. But what is the situation in fact?

The WCL agrees with Mr. Hansenne's idea of a solemn declaration, which should be considered part of the Constitution and should bring member States, by virtue of their very membership in this Organization, to respect and ensure respect for fundamental rights. Without, of course, calling into question the existing procedures, an additional system to handle complaints should be introduced as soon as possible for the fundamental rights. The WCL, of course, understands clearly that this in no way diminishes the importance of the need to promote all the standards of the ILO, and specifically those relating to occupational health and safety or social security.

The WCL ... is not opposed to the introduction of a new procedure for the selection of standards with a view to ensuring that they are operational and implemented as best possible.

... The WCL's support for the social label does not close the door, however, on the so-called "social clause". On the contrary, the WCL feels that they are complementary to each other, as both tend to promote the development of fair and effective international legislation, as long as they are designed and supervised in a multilateral way, and thus leave no room for protectionism.

International Federation of Journalists

Mr. KWON (representative) -- ... Globalization calls on us to renew our commitment to the basic rights and benefits embodied in the ILO standards. This is the message contained in the Director-General's proposal for the declaration of our commitment to the fundamental ILO Conventions.

International Confederation of Free Trade Unions

Mr. JORDAN (representative) -- ... The ICFTU went to Singapore with the aim of having the WTO address the link between trade and labour standards in its work and with a commitment to the insertion of a social clause into the WTO treaty.

That aim and that commitment remain. The measures proposed by the Director-General are complementary to them and not substitutes. In his Report Mr. Hansenne has chosen to remain silent on the social clause. That silence should not be read as implying that the ILO no longer has a role to play in the continuing and difficult debate on this subject. The ILO does have a role. The dominant issue in the debate at Singapore was the link between trade and labour standards, and the central argument of those countries which said that the WTO was not the place to deal with labour standards was that the ILO could deliver the social dimension that the globalization of trade so desperately needs. I challenge those countries to honour the words they said in Singapore.

World Federation of Trade Unions Mr. JARIKOV (representative) -- ... We consider that the adoption of the proposed solemn declaration by this Conference should go hand in hand with the strengthening of existing Conventions and new monitoring mechanisms to help secure the effective implementation of labour standards.

International Textile, Garment and Leather Workers' Federatio n Mr. KEARNEY (representative) -- ... The responsibility for making globalization socially beneficial rests with governments. They should begin by ratifying and implementing effectively the Conventions adopted by the ILO and particularly its core Conventions. It is shameful that governments come to Geneva every year, participate in the International Labour Conference, support the adoption of new ILO instruments, then completely ignore their existence. The ILO must contribute to this process by regaining its self-confidence and ambition, by being more aggressive in condemning exploitation and abuse of workers' rights. It must insist more firmly that member States ratify and implement Conventions and it must be merciless in hounding violaters of key Conventions such as those relating to freedom of association and collective bargaining.

Public Services Internationa l Mr. ENGELBERTS (representative) -- ... We are in favour of strengthening the ILO supervisory system to ensure universal application of workers' fundamental rights. All those governments that made all those fine commitments in Copenhagen and in Singapore should now in practice enable the ILO to supervise effectively all governments in their application of the relevant Conventions.

International Confederation of Arab Trade Unions

Mr. DJEMAM (representative) -- ... We defend the social clause and also the importance of the role of the International Labour Organization. The Copenhagen Summit and the Singapore Meeting recognized our existence and rights. Today we have to set up a mechanism which requires all parties to develop the social rights of all the workers, men and women, and of all the population, to condemn marginalization and discrimination, to refuse to submit political decisions to the laws of the economy and of capital, to work towards bridging the gap between North and South, to reduce the external debt burden, and to soften the conditions of structural adjustment, which is grinding down poor societies. Therefore, we invite all people to join hands to join an international trade union grouping in which all trade unionists participate, whatever their political sympathies.

International Confederation of Executive Staff

Mr. SAVARD (representative)  -- ... Finally, the International Confederation of Executive Staff unreservedly supports the proposed solemn declaration aimed at reaffirming universal respect for the fundamental rights of all categories of workers, including executive staff, and respecting their specific status. It hopes that all member States will accept this project and agree without hesitation to the establishment of the necessary mechanism for its implementation.

* * *

III. Other statements

Ms. KELTOSOVÁ (Minister of Labour, Social Affairs and Family, Slovakia, President of the 85th Session of the International Labour Conference) -- ... The strengthening of the control mechanism and observance of the ILO fundamental human rights Conventions are the test of the readiness of member countries to find a mutually acceptable solution and to show the outside world that all commitments and declarations from various conferences, especially the World Summit for Social Development, were adopted with full political responsibility, and the will to pursue them in the future.

Regardless of the different opinions it is clear that the process of globalization and the realization of ILO goals are interconnected. Globalization must be accompanied by progress in the social sphere and the protection of workers' rights. Every State, company, multinational enterprise and individual should receive his share from the benefit of globalization, otherwise the tensions arising from this phenomenon may endanger social stability which is the basis for the good functioning of each national society and its final result, of the whole international society. ...

Ms. PERLIN (Government delegate, Canada, on behalf of the IMEC group) ... This statement sets out common views of IMEC, and a number of Central and Eastern European and other governments, reiterating elements contained in ministerial statements. It is based on four key considerations:

First, a commitment to the provisions of the ILO Constitution and the Declaration of Philadelphia, and the basic principles of tripartism and voluntarism.

Secondly, a recognition that basic workers' rights transcend local conditions and are inherent in the constitutional obligations of ILO membership.

Thirdly, a belief that globalization provides an opportunity for improved living standards, job creation, and working conditions, whatever the economic level of a country.

Fourthly, the conviction that the ILO must provide an effective multilateral framework for attaining social progress, while respecting the right of each nation to define the content and priorities of that progress, according to its level of development.

... The Director-General's suggestions deserve considered attention, but should be taken forward in different time-frames.

For immediate action, in the November Governing Body, the Director-General should present three documents.

... Second, a draft text of a solemn declaration, which would not imply constitutional amendment, for possible adoption at the 1998 Session of the Conference. It would be a definitive statement on principles of core labour standards, which were endorsed by world leaders at the Copenhagen Summit and agreed in the Governing Body. Simultaneously, with this draft text there should be a procedure for monitoring and promoting application of the declaration. The procedure should aim at constructive ways of assisting compliance through mobilizing ILO means of action, including technical cooperation. ...

Geneva, 6 November 1997.


Updated by VC. Approved by NdW. Last update: 26 January 2000.

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