GB.276/12 |
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TWELFTH ITEM ON THE AGENDA
Report of the Committee on Sectoral and
Technical Meetings and Related Issues
Contents
Election of the Officers of the Committee
I. Effect to be given to the recommendations of sectoral meetings
II. Report of the Symposium on the Social and Labour Consequences of Technological Development, Deregulation and Privatization of Transport (Geneva, 20-24 September 1999)
III. Report of the
Meeting of Experts on Labour Inspection and Child Labour
(Geneva, 27 September-1
October 1999)
1. The Committee on Sectoral and Technical Meetings and Related Issues met on 11 November 1999.
Election of the Officers of the Committee
2. On a proposal by the representative of the Government of Slovakia, Mr. Navikas (Lithuania) was unanimously elected Chairperson. Mr. Jeetun and Mr. Zellhoefer were unanimously elected as Employer Vice-Chairperson and Worker Vice-Chairperson respectively.
3. The representative of the Director-General (Ms. K. Hagen, Executive Director of the Social Dialogue Sector) welcomed both new and returning members of the Committee to the challenge of connecting the work of the Committee to the new focus of the ILO on its four strategic objectives of standards, employment, social protection and social dialogue, and to the expectations of the ILO's constituents.
4. Highlighting the ILO's enhanced commitment to the Sectoral Activities Programme, she recalled that meetings and follow-up had provided the basis for action that promoted ILO values and objectives in all the 22 sectors covered. Globalization was accelerating and intensifying the structural and cyclical changes in the sectors in different ways, bringing prosperity for some but deepening poverty and insecurity for many. The opening of opportunities for social dialogue was important in finding the means to make globalization work for all and creating a consensus on their implementation. Recent sectoral meetings had provided an important focus for social dialogue on the range of issues affecting the world of work. Indeed they had called for more consultation and social dialogue.
5. The restructuring of the Office around the four strategic objectives was a unique opportunity for better integrating a sectoral approach at headquarters and in the field. The Social Dialogue Sector and the Sectoral Activities Programme would lead and support ILO action to strengthen the social partners and would promote the increased use of social dialogue in addressing social and labour issues at various levels, including by working more closely with constituents at the sectoral level and with intergovernmental and other organizations. The new ongoing process of monitoring and evaluation would, furthermore, result in strategic choices being made to match actions with the four strategic objectives on a more targeted priority basis. Gender equality and development as cross-cutting themes would also be better integrated into the work of the Sectoral Activities Programme. Thus, a major paper would be prepared for the Committee in March 2000 to review the options for achieving the ILO's strategic objectives at the level of sectoral activities.
6. The Sectoral Activities Department had been placed in the Social Dialogue Sector, which also brought together the Bureau for Workers' Activities, the Bureau for Employers' Activities, a new Department for Government and Labour Law and Administration, and an InFocus Programme on Strengthening Social Dialogue which would serve as an important vehicle for creating synergies and enhancing cooperation within the Social Dialogue Sector itself and with the other sectors, both at headquarters and in the field. The Sectoral Activities Department would undoubtedly make an important contribution to these synergies and to enhanced cooperation through improved opportunities to disseminate information on best practices at the sectoral level through these other Office units, at the national level, and at the regional and international levels.
7. In referring to the recent very successful High-Level Tripartite Regional Symposium on Social Dialogue in Africa (Addis Ababa, 20-22 October 1999), she noted that participants had expressed interest in sharing the results of the symposium with the Committee, but it had been thought more suitable to submit the report to the Ninth African Regional Meeting in December, where it could be reviewed by all African member States.
8. In closing, she introduced the new management team of the Sectoral Activities Department: Mr. de Vries Reilingh (Director) and Ms. Doumbia-Henry (Deputy Director); as well as Ms. Stoikov (Director of the InFocus Programme on Social Dialogue), all of whom joined her in looking forward to working with the Committee to develop the ILO's major new initiatives relating to social dialogue.
I.
Effect to be given to the recommendations
of sectoral meetings
(a) Tripartite
Meeting on Voluntary Initiatives affecting
Training and Education on Safety, Health and
Environment in the Chemical Industries
(Geneva, 22-26 February 1999)
9. The Committee had before it the Note on the Proceedings(1) of the Tripartite Meeting on Voluntary Initiatives affecting Training and Education on Safety, Health and Environment in the Chemical Industries.
10. The representative of the Government of Indonesia, who had chaired the Meeting, said that the wide-ranging and fruitful discussions were based on the comprehensive report prepared by the Office. The conclusions and resolutions were adopted unanimously and represented a positive outcome from a very productive Meeting.
11. Mr. Zellhoefer recalled that there had been a number of very serious disasters in the chemical sector, including Bhopal and Basel. He said that discussion at the Meeting was facilitated by the excellent preparatory work by the Office. This first tripartite meeting on voluntary initiatives was important since it showed the willingness of trade unions and employers to discuss voluntary codes of conduct. Discussions on codes of conduct were under way in other ILO fora, and information on them needed to be freely exchanged. Moreover, other sectors should adopt this approach. The Workers' group welcomed the fact that for the first time in recent years the Employers' group had tabled a resolution on employment creation. He further noted the Meeting's concerns about the particular needs of women workers in the industry. He also recalled that, for the first time, specific organizations -- ICCA and ICEM -- had been named in the conclusions, which expressed intentions to formalize a dialogue on the meaningful involvement of workers and their representatives on the subject of responsible care. This was a good example of social dialogue.
12. Mr. Jeetun said the Employers' group considered voluntary initiatives important, especially in a sector such as chemicals that had a broad economic impact. He referred to the request in a resolution that the Office undertake a survey of successful measures taken by governments in the field of employment creation. The Employers' group also recognized the significance of training and education in safety, health and the environment for achieving sustainable development. In the context of discussions elsewhere on the need to evaluate ILO activities, he felt that the evaluation questionnaires used at sectoral meetings provided a useful indication of the utility of the meetings to the participants.
13. The representative of the Government of the United Kingdom considered that the conclusions and resolutions of this successful meeting showed that the different types of sectoral meeting worked well; appropriate flexibility led to relevant outcomes. He expressed concern, however, about the low level of participation by governments at this and other recent sectoral meetings. He invited the Office to explore ways to encourage governments that had expressed an interest in and had been invited to a meeting to accept their responsibility and take part.
14. The representative of the Government of Ghana, speaking on behalf of the African Government members, acknowledged the work of the Office in preparing reports for sectoral meetings, which would facilitate the achievements of the strategic objectives of the ILO. He hoped that the ILO and the international financial institutions (IFIs) would promote technical cooperation to improve scientific education and research in the chemical industry. He also urged the ILO to assist governments of African countries to help local enterprises meet competition from foreign companies. In its follow-up the Office should give priority to areas of greatest need, especially in Africa. The chemical industry itself should be urged to contribute to measures to alleviate any adverse effects -- on the health and safety of workers and the community, and on the environment, including the disposal of industrial waste -- of their operations.
15. A representative of the Director-General (Mr. de Vries Reilingh, Director of the Sectoral Activities Department) responded to the concern expressed by the representative of the Government of the United Kingdom. A paper to be prepared for the next meeting of the Committee would address, inter alia, the issue of participation in sectoral meetings. In the meantime, however, the Office was sending invitation letters to governments closer to the date of each meeting and was including specific information about it, together with the points for discussion, in order to help governments identify appropriate participants.
16. The Committee on Sectoral and Technical Meetings and Related Issues recommends that the Governing Body --
(a) authorize the Director-General to communicate the Note on the Proceedings:
(i) to governments, requesting them to communicate these texts to the employers' and workers' organizations concerned;
(ii) to the international employers' and workers' organizations concerned;
(iii) to the international organizations concerned;
(b) request the Director-General to bear in mind, when drawing up proposals for the future work of the Office, the wishes expressed by the Meeting in paragraph 23 of the conclusions and relevant parts of the resolutions.
(b) Tripartite
Meeting on Managing the Privatization
and Restructuring of Public Utilities
(Geneva, 12-16 April 1999)
17. The Committee had before it the Note on the Proceedings(2) of the Tripartite Meeting on Managing the Privatization and Restructuring of Public Utilities.
18. Mr. Pierides (Employer member), who had chaired the Meeting, stated that it had been an important meeting, rich in debate, which led to comprehensive conclusions. The report prepared by the Office contained useful information which was presented in a form that was easy to understand. He congratulated the Office on this work and on the arrangements for the Meeting, which were impeccable. Although the single draft resolution was not considered, it was reflected in the conclusions, which were adopted unanimously.
19. Mr. Jeetun endorsed the previous speaker's views. The conclusions would contribute to a professional approach to addressing the question of the privatization and restructuring of public utilities.
20. Mr. Zellhoefer recalled that the previous meeting for this sector had been held in 1987 on a bipartite basis and noted that extensive restructuring and privatization had led to this Meeting being tripartite. New technology, privatization and restructuring highlighted the need for clean and affordable utilities. The Workers' group had drawn attention to the growing role of MNEs in the provision of energy and water and of the consequential need for effective works councils in such enterprises, starting with Europe where EU legislation was already compulsory. While disappointed that the draft resolution had not been considered separately, the Workers' group was satisfied that the main points -- on collective bargaining and the need for MNEs to respect workers' rights -- were included in the conclusions. He invited governments to read the text of the draft resolution presented by the Workers' group, which was reproduced in full in paragraph 62 of the conclusions.
21. The representative of the Government of Ghana, speaking on behalf of the African Government members, commended the Office on the comprehensive report. As a continent with developing countries, Africa accorded considerable importance to the restructuring of public utilities. Access to affordable water, gas and electricity was essential, and demand for them was increasing rapidly. But these utilities were increasingly affected by privatization and globalization, to the disadvantage of consumers. The ILO should participate in the restructuring of public utilities in order to ensure that all those concerned were treated fairly.
22. The Committee on Sectoral and Technical Meetings and Related Issues recommends that the Governing Body --
(a) authorize the Director-General to communicate the Note on the Proceedings:
(i) to governments, requesting them to communicate these texts to the employers' and workers' organizations concerned;
(ii) to the international employers' and workers' organizations concerned;
(iii) to the international organizations concerned;
(b) request the Director-General to bear in mind, when drawing up proposals for the future work of the Office, the wishes expressed by the Meeting in paragraphs 26 to 32 of the conclusions.
(c) Tripartite
Meeting on Social and Labour Issues
in Small-scale Mines
(Geneva, 17-21 May 1999)
23. The Committee had before it the Note on the Proceedings(3) of the Tripartite Meeting on Social and Labour Issues in Small-scale Mines.
24. Mr. Sibanda (Worker member), who had chaired the Meeting, expressed his appreciation of the report prepared by the Office and for the friendly and productive meeting that ensued. Some 13 million people worked in small-scale mining and it was important to assist them, in line with the provisions of the ILO Declaration on Fundamental Principles and Rights at Work. The conclusions dealt with the major social and labour issues, especially safety and health, women and child labour. The resolution called for the promotion of social dialogue in full consultation with employers' and workers' representatives. He was disappointed that it had not been possible to reach a consensus on undertaking exploratory work on certifying that mine products had not been produced using child labour. Nonetheless, the Meeting was a great success and had set the scene for a comprehensive programme in an area that was formally outside the coverage of the Sectoral Activities Programme.
25. Mr. Jeetun agreed with the previous speaker's remarks and supported the points for decision.
26. Mr. Zellhoefer congratulated the Office on its work on this topic, which was not an easy one but which was important in the light of the 80 to 100 million people who depended on small-scale mining for a living. It was also timely in the light of the subsequent adoption of the Worst Forms of Child Labour Convention, 1999 (No. 182). He referred to the need for greater cooperation with other UN agencies and IFIs, in particular the World Bank and IMF, as spelled out in the resolution, and to the underlying theme of ensuring that all assistance to small-scale mining was coupled with support for the Declaration. He hoped that the ILO would make sufficient resources available for the follow-up to be undertaken quickly and thoroughly.
27. The representative of the Government of Ghana, on behalf of the African Government members, stressed the prevalence and importance of small-scale mining in developing countries, notably in Africa. It was a vital source of employment, but it was also a major contributor to environmental degradation. The African governments would cooperate fully with the ILO in bringing small-scale mining into the mainstream as a source of decent work. All those concerned with small-scale mining should accept their obligations to protect the environment and promote the well-being of the communities concerned. Laws that affected small-scale mining should be complemented by effective incentives and sanctions, and should be evenly applied. He questioned the omission of governments from paragraph 2 of the resolution, which referred to consultation with employers' and workers' representatives.
28. A representative of the Director-General (Mr. Jennings, Sectoral Activities Department) explained that the paragraph referred to ILO cooperation with the World Bank, other IFIs and international agencies which traditionally dealt with governments. The purpose of the paragraph was to ensure that these bodies expanded their consultations to include employers' and workers' organizations which were not their traditional partners. It was agreed that the record of the Committee's meeting would reflect the understanding that governments should be consulted along with employers' and workers' organizations.
29. The Committee on Sectoral and Technical Meetings and Related Issues recommends that the Governing Body --
(a) authorize the Director-General to communicate the Note on the Proceedings:
(i) to governments, requesting them to communicate these texts to the employers' and workers' organizations concerned;
(ii) to the international employers' and workers' organizations concerned;
(iii) to the international organizations concerned;
(b) request the Director-General to bear in mind, when drawing up proposals for the future work of the Office, the wishes expressed by the Meeting in paragraphs 32 to 34 of the conclusions and relevant parts of the resolution.
II.
Report of the Symposium on the Social
and Labour
Consequences of Technological Development,
Deregulation and Privatization of Transport
(Geneva, 20-24 September 1999)
30. The Committee had before it for information a paper(4) on the Symposium on the Social and Labour Consequences of Technological Developments, Deregulation and Privatization of Transport.
31. Mr. Jeetun, on behalf of the Employers' group, noted the conclusions, which were final and not draft as marked, and looked forward to examining them fully together with the report of the symposium in March. He requested improved arrangements for group meetings and the earlier availability of working papers at future symposia.
32. Mr. Zellhoefer, on behalf of the Workers' group, took note of the conclusions and asked the Office to take them into account when drafting its review paper for the next meeting of the Committee.
33. The representative of the Government of France also thought it essential to examine the conclusions in the light of the discussion and its outcome, which were the main benefit of sectoral symposia.
34. The Committee took note of the conclusions.
III.
Report of the Meeting of Experts on
Labour
Inspection and Child Labour
(Geneva, 27 September-1 October 1999)
35. The Committee had before it the Note on the Proceedings(5) of the Meeting of Experts on Labour Inspection and Child Labour.
36. Mr. Zellhoefer commended the Office on the timeliness of this Meeting, which had been held just after the adoption of the Worst Forms of Child Labour Convention, 1999 (No. 182). It sent a strong signal of the ILO's willingness to use labour inspection as a key means to eliminate child labour. He noted it was necessary to promote ILO instruments on labour inspection. The Labour Inspection Convention, 1947 (No. 81) needed action in the field to make it more effective, and the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129) needed promotion. He recalled the importance of these Conventions in the fight against child labour. Legislation on labour inspection should cover both the formal and informal sectors, and labour inspectorates needed to be more proactive and be adequately staffed with enough inspectors who should be protected as required so that they could carry out their critically important duties. The recommendations of the Meeting were extensive and provided the ILO with a range of follow-up activities. As far as the material arrangements for meetings of experts were concerned, he pointed to some serious shortcomings in the preparations and the support provided to participants on this occasion, particularly the lack of provision for group meetings with interpretation. It had also proved difficult to obtain the working texts in three languages during the Meeting. While accepting that meetings of experts that negotiated a draft code of practice had fewer needs for group meetings with interpretation than this one, he asked the Office to explore to what extent such meetings could be effectively assisted in the future.
37. Mr. Jeetun said that the detailed recommendations emphasized awareness and education, and the linkages that should be established through technical cooperation to strengthen labour inspection services. Getting appropriate labour inspection in place was a formidable task that required both ILO and government action.
38. The representative of the Government of Ghana, on behalf of the African Government members, noted the call for governments to ensure a political environment and policy framework that underscored the importance of abolishing child labour by undertaking a comprehensive set of activities, including observing the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up and ratifying the Conventions on child labour. There was an urgent need for extra resources if governments that were already struggling to ensure the provision of basic needs in the face of political reforms, debt and the adverse effects of globalization were to focus more on labour inspection. The African governments welcomed the recommendation that the ILO should assist in strengthening member States' labour administration. Africa would cooperate fully, with the assistance of the ILO and the IFIs, in the process of eliminating child labour.
39. The representative of the Government of Malaysia said that drastic approaches to eliminating child labour would not succeed in poor countries, which could not eliminate child labour alone. An evolutionary process that addressed the problems objectively in the light of social and economic development was necessary.
40. The representative of the Government of Slovakia informed the Committee that his country's penal code had been amended to deal with new forms of child labour. Convention No. 182 was currently before Parliament with a view to its early ratification.
41. The representative of the Government of Lithuania reaffirmed her Government's support for IPEC and for the development of strong ILO standards as a solid base for action against child labour. While governments were responsible for the strategy to eliminate child labour, coordinated efforts by all concerned would yield the best and quickest results. The rapid and widespread ratification of Convention No. 182 would strengthen the hand of labour inspectorates. Labour inspectors needed to be well trained, sensitive and flexible.
42. Mr. Zellhoefer expressed concern at the view of the representative of the Government of Malaysia that the level of economic development made it difficult to ratify the ILO's fundamental Conventions and in particular Convention No. 182. He stressed the indivisibility of the scope and coverage of the ILO Declaration and countries' obligations relating thereto. He agreed with the representative of the Government of Ghana that the impact of structural adjustment programmes had led to a decline in governments' resources for tasks such as labour inspection. This underlined the importance of the final paragraph of the recommendations, which called on the ILO to further its work in developing cooperation with the UN system and multilateral agencies on the basis of the Declaration.
43. The Committee on Sectoral and Technical Meetings and Related Issues recommends that the Governing Body --
(a) authorize the Director-General to communicate the Note on the Proceedings:
(i) to governments, requesting them to communicate these texts to the employers' and workers' organizations concerned;
(ii) to the international employers' and workers' organizations concerned;
(iii) to the international organizations concerned;
(b) request the Director-General to bear in mind, when drawing up proposals for the future programme of work of the Office, the wishes expressed by the Meeting in paragraphs 1 to 7 of the recommendations.
44. The representatives of the Governments of El Salvador, Germany and Italy referred to the difficulties experienced by governments in taking part in sectoral meetings. There were several contributing factors, including lack of funds, the timing of the invitation, insufficient information about meetings, and the late receipt of documents. The importance of having specialists who could make a real contribution was highlighted, as was the need to enhance the image of sectoral meetings. The Office was requested to address these issues in its forthcoming paper and to provide an analysis of government participation in recent meetings.
45. A representative of the Director-General (Mr. de Vries Reilingh) said that the Office noted these views and would take them into account in its future work. In response to Mr. Zellhoefer's concerns about group meetings during meetings of experts, he undertook to discuss the provision of interpretation for such meetings with the appropriate services. The next meeting of the Committee was likely to have before it, in addition to two documents on follow-up activities and a review of sectoral activities, full reports from three sectoral meetings and a meeting of experts, a preliminary report of a symposium and a report of a recent ILO/IMO Ad Hoc Working Group Meeting.
Geneva, 15 November 1999.
Points for decision:
Paragraph 16;
Paragraph 22;
Paragraph 29;
Paragraph 43.
1. TMCI/1999/12, appended to GB.276/STM/1/1.
2. TMPU/1999/9, appended to GB.276/STM/1/2.
3. TMSSM/1999/10, appended to GB.276/STM/1/3.
4. SDPT/1999/D.6(Rev.), appended to GB.276/STM/2.
5. MELICL/1999/D.7, appended to GB.276/STM/3.
Updated by SA. Approved by NdW. Last update: 6 March 2000.