| INTERNATIONAL LABOUR OFFICE | Activities of the ILO, 1994-95 | |
| International Labour Conference 83rd Session 1996 |
Report of the Director-General |
1. Promoting democracy and human rights
- International labour standards
- Labour law and labour relations
- Labour administration
- Employers' activities
- Workers' activities
The ILO's work as a whole sets out to contribute to the promotion of democracy and human rights. This chapter groups together the activities carried out during the biennium 1994-95 that were most directly related to the implementation of international labour standards and the promotion of tripartite processes and institutions at the national and international levels. This work included promoting the ratification of international labour Conventions, supervising the implementation of ratified Conventions and providing assistance to member States to help them incorporate the principles embodied in international labour standards into national law and practice. The chapter covers the work carried out to establish and strengthen labour administration systems, including labour inspection, through which labour law and policies are implemented at the national level. It also includes the ILO's activities to develop representative organizations of employers and workers, and to maintain close relations with them.
During the biennium, the ILO continued to be represented at all sessions of United Nations bodies dealing with human rights issues. This representation ensures that the principles embodied in international labour standards are taken into account in the work of other organizations dealing with issues of civil, political, economic, social and cultural rights, racial discrimination, discrimination against women, the rights of ethnic minorities and the rights of children.
International labour standards
International labour standards address the whole range of labour issues. In 1994, the International Labour Conference adopted standards on part-time work, and in 1995 standards on safety and health in mines and labour inspection in non-commercial services. These new standards brought the total of the ILO's international labour instruments to 359 (176 Conventions and 183 Recommendations). During 1994-95, a total of 223 new ratifications of Conventions were registered, bringing the total number of ratifications to over 6,250.The ILO's 75th anniversary in 1994 provided an occasion for both of the regular supervisory bodies, the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards, to review the adequacy of existing machinery and policies relating to labour standards. This review, together with the discussions in the Governing Body Committee on Legal Issues and International Labour Standards (LILS), led to detailed consideration of standard-setting policy by a Governing Body working party in November 1995. It also -- together with the conclusions reached by the Social Summit -- prompted new initiatives aimed at the more universal ratification of the ILO's fundamental Conventions on freedom of association, non-discrimination and the abolition of forced and child labour.
During the biennium, the supervisory system on the application of standards underwent important modifications. The date of the meetings of the Committee of Experts was brought forward from March to December so that delegates to the Conference would have a greater opportunity to
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Ratification of the ILO's fundamental Conventions
In March 1995, the World Summit for Social Development called on governments to safeguard and respect "basic workers' rights, including the prohibition of forced and child labour, freedom of association and the right to bargain collectively, equal remuneration for men and women for work of equal value, and non-discrimination in employment". This conclusion echoed a consensus among ILO constituents, illustrated by the 1994 Conference resolution concerning the 75th anniversary of the ILO and its future orientation, that more should be done to promote the ratification and implementation of the ILO's fundamental Conventions. On 25 May 1995, the Director-General therefore sent letters to member States concerning the ratification of seven fundamental ILO Conventions: the Forced Labour Convention, 1930 (No. 29); the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); the Right to Organize and Collective Bargaining Convention, 1949 (No. 98); the Equal Remuneration Convention, 1951 (No. 100); the Abolition of Forced Labour Convention, 1957 (No. 105); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); and the Minimum Age Convention, 1973 (No. 138). Replies were received from over 90 countries and information provided by employers' and workers' organizations. Moreover, information on the intentions of 25 other countries with regard to these Conventions was also received through ILO external offices. The results have been encouraging. Four countries have ratified one or other of the seven Conventions since June. El Salvador, Sri Lanka and Uruguay ratified Convention No. 87 and Belarus ratified Convention No.105. In 25 more cases, it was stated that the Office could expect to receive a ratification shortly, and in more than 30 other cases it was indicated that work with a view to ratification was well under way. In a large number of cases, a general examination of ratification of these Conventions has been undertaken. The Governing Body asked the Director-General, at its November 1995 Session, to continue to follow up this question. It also adopted other proposals for the promotion of the ratification of these fundamental Conventions, including offering direct assistance to countries wishing to implement these Conventions and launching a campaign to make parliamentarians and labour court judges more aware of the human rights Conventions. |
This change coincided with the implementation of the Governing Body's decision to simplify further the reporting procedures on the application of ratified Conventions. The modifications made to this procedure respond to the wishes of many member States to reduce their obligations and, in view of the recent rapid growth in the number of member States, lighten the burden on the Office of processing the reports submitted under article 22 of the Constitution. A two-yearly reporting requirement will be applied to ten priority Conventions concerning freedom of association, equal opportunities, the abolition of forced labour, labour inspection, employment policy and tripartite consultations. For the other Conventions, the normal reporting period will be five years, although the Committee of Experts may sometimes request detailed reports more frequently.
The ILO's work to promote the ratification of its Conventions and the application of its standards involves both its supervisory bodies and the provision of assistance directly to constituents. The supervisory system revolves around the work of the Committee of Experts, an independent body responsible for examining the reports supplied by governments on ratified Conventions, as well as an increasing number of observations from employers' and workers' organizations. On the basis of the report of the Committee of Experts,(1) the Conference Committee on the Application of Standards examines some of the cases in which significant difficulties have been noted in the application of ratified Conventions. During the three sessions of the Committee held during the biennium, around 1,700 observations were made on the application of ratified Conventions and 3,000 requests sent directly to governments. The Committee noted a total of 115 cases where action had been taken by governments to remedy shortcomings previously brought to their attention.
Advisory services and technical assistance continued to be provided to constituents to help them find solutions to difficulties in the application of standards, as well as to promote new ratifications. During the biennium a number of seminars and courses on international labour standards and the supervisory procedures were also organized to train government officials responsible for complying with the reporting procedures, as well as employers' and workers' representatives. A series of six such seminars was completed covering nearly all the provinces and autonomous territories in China. Each seminar was attended by approximately 30 participants from provincial labour departments, trade unions, employers' organizations and research institutes. Presentations were made on the history and structure of the ILO; the formulation, adoption, application and supervision of international labour standards; the constitutional obligations of member States; the role of employers' and workers' organizations; and the contents of the fundamental Conventions. In this way, a total of 180 Chinese officials were introduced to international labour standards and international human rights concerns. The participants stated that the knowledge gained at these seminars would enable them to formulate laws and regulations in their respective localities in line with international labour standards.
Missions dealing with freedom of association problems took place in Australia, Côte d'Ivoire, Guatemala, Japan, New Zealand and Pakistan, and a total of 13 national and subregional seminars on freedom of association were held. Most of these missions provided detailed information to the Committee on Freedom of Association, which facilitated the Committee's work in making conclusions and recommendations on specific cases. In some instances, the assistance given by the Office resulted in changes in national law and practice along the lines of the Committee's previous recommendations or the comments of the Committee of Experts.
The fundamental importance of freedom of association and collective bargaining in the effective functioning of tripartism and in the achievement of social justice is reflected in the work of the Governing Body's Committee on Freedom of Association. This tripartite body, originally set up in 1951, is composed of nine full members appointed in their personal capacity from the three groups in the Governing Body, in addition to an independent Chairperson. In 1995, the third Chairperson of the Committee, Max Rood, was appointed following the death of Roberto Ago.
The Committee on Freedom of Association examines cases of alleged breaches of the principles and standards on freedom of association brought before it by the tripartite constituents. During its existence, the Committee has examined a total of over 1,850 complaints, thus acquiring a broadly recognized authority for dealing with problems of freedom of association. Its procedure is unique, covering as it does all the ILO's member States, which are all bound to respect the principles contained in the ILO Constitution and the basic Conventions on freedom of association and collective bargaining -- irrespective of whether they have ratified these instruments or not. In 1994-95, the Committee reached conclusions on over 170 cases and followed up the measures taken by the member States to comply with its previous recommendations in nearly 100 cases. It was able to note the freeing of trade unionists in China and the Republic of Korea, the reinstatement of union activists in Chad, Hungary and Panama, the recognition of unions for collective bargaining in Fiji, and the amendment of legislation contradicting the principles of freedom of association in Australia, Paraguay, Sweden and Zambia. A special report was also prepared on the measures adopted in South Africa in response to the recommendations of the Fact-Finding and Conciliation Commission on Freedom of Association.
An important vehicle for the compilation of information on national law and practice in member States is the Committee of Experts' annual General Survey of information supplied under article 19 of the ILO Constitution on unratified Conventions and on Recommendations. These surveys include a review of the difficulties encountered in the application of specific international labour standards and the prospects for their further ratification. In 1994, the Committee of Experts undertook its sixth General Survey on freedom of association and collective bargaining.(2) In the survey, the Committee reaffirmed the continuing relevance and importance of Conventions Nos. 87 and 98; it stressed that the implementation of these instruments was closely linked to the observance of civil and political rights and should not be contingent upon a country first reaching an advanced stage of economic development. Although the number of ratifications of these two basic Conventions have continued to grow, around one-third of member States have still ratified only one of them. Further ratifications would strengthen the protection of trade unions and the cause of social justice and humane conditions of work worldwide. Nevertheless, in many of the countries which have not ratified the Conventions, national law and practice are for the most part in conformity with the principles of freedom of association. In many cases, the difficulties cited as being an obstacle to ratification could be solved through relatively minor legislative amendments.
In addition to the above General Survey, the Office published ILO law on freedom of association(3) (which presents extracts from relevant ILO documents and outlines procedures which may be used in cases of alleged violations of freedom of association) and the fourth edition of the Digest of decisions and principles of the Freedom of Association Committee(4) (which summarizes and brings up to date the principles of the Committee, in the light of the difficulties encountered by trade unions as a result of changing economic circumstances).
The Committee of Experts' 1995 General Survey covered protection against unjustified dismissal.(5) The survey recognizes that although terminations of employment might be carried out to allow enterprises to survive and develop, workers must be guaranteed a minimum level of protection. Indeed, the principle whereby workers should be protected against the unjustified termination of employment is now accepted in many countries. A large number of countries have established consultation and notification procedures in respect of termination of employment, thereby bearing witness to their concern for social justice and their desire to promote harmonious labour relations.
The ILO's standards on equality of opportunity and treatment continued to form the basis for the Office's work to reduce discrimination in employment, with special emphasis being laid on women, minorities, migrant workers and indigenous and tribal peoples. (See also Chapter 3.) Furthermore, advisory services were provided to several countries. In Brazil the Government has taken steps to revise legislation on race and sex discrimination as a result of comments by the Committee of Experts and discussions at the International Labour Conference. ILO assistance has now been requested to help this country give practical effect to these legislative changes, in particular by developing a national policy towards issues of discrimination based on race and sex. A programme of technical assistance was also started in Namibia to help develop a new affirmative action policy to overcome the effects of apartheid and combat discrimination on the grounds of race, sex or physical disability. Assistance to both of these countries will continue through the next biennium.
One of the most effective means of making constituents aware of the above principles set out in Conventions Nos. 100, 107, 111, 156 and 169 is through the holding of tripartite subregional seminars. One such seminar was held in October 1994 for seven South Asian countries. The seminar dealt with the elimination of discrimination based on race, colour, national extraction, sex, religion, political opinion, social origin, as well as other grounds such as family responsibility, age, language and medical condition. A similar seminar was organized in April 1995 for Asian countries in transition (Cambodia, China, the Lao People's Democratic Republic, Mongolia and Viet Nam). In this seminar, discrimination and equality issues were viewed in the context of the special problems facing these countries: large increases in unemployment, the need to reabsorb certain groups such as ex-combatants and the need to redesign or create new social protection mechanisms.
In an effort to redress previous discriminatory practices, some countries have experimented with affirmative action programmes. During the biennium, the Office undertook a study of affirmative action policies and programmes for persons with disabilities and for ethnic minorities in ten countries (Canada, Chile, India, Lebanon, Malaysia, Mali, Norway, the Philippines, the Russian Federation, Uruguay).(6) The study found that although such measures would appear to bring about an improvement, the situation of both groups remains inequitable. A recipe for success would seem to be a combination of adequate support measures and the consensus of those primarily involved. Another study in the field of discrimination covered legislation and enterprise practice in 12 countries with respect to HIV/AIDS at the workplace.
The body of international labour standards contains a total of 36 Conventions and 26 Recommendations concerning seafarers' working and living conditions. A tripartite meeting on maritime labour standards was held in 1994 to discuss the revision of five of the existing maritime instruments.(7) The purpose of the meeting was the same as that of a preparatory technical maritime conference, namely to conduct a first discussion on this revision based on law and practice reports prepared by the Office. The issues discussed covered inspection of seafarers' working and living conditions, wages, hours of work and manning, the recruitment and placement of seafarers and a partial revision of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). A special Maritime Session of the International Labour Conference will be held in October 1996 to consider the adoption of revised instruments.
An important part of the ILO's work in guiding the formulation and adoption of labour legislation consists of the provision of legislative information to constituents. This information covers both the provisions of international labour Conventions and Recommendations and the labour legislation of other countries which offer important guidance to member States which are seeking to draw up or revise their own legislation. Access to the latest developments in national labour legislation is also of great importance in the work of the Office, both for the efficient functioning of its supervisory machinery and the provision of technical advisory services.
The ILO's legal information service LABORLEX was further developed and disseminated during the biennium. It comprises the ILOLEX database on CD-ROM, which contains information on the ILO's standards themselves and the reports of the supervisory bodies, plus the NATLEX database, which covers national labour legislation. The trilingual Labour Law Documents(8) continued to disseminate new texts in the field of labour law.
Labour law and labour relations
Labour legislation is one of the principal instruments through which member States formulate and implement labour policy. By laying down in laws the rights and obligations of the parties as regards such important matters as protection against discrimination in employment, discipline, dismissals and lay-offs, remuneration, hours of work and holidays with pay, child labour, maternity leave and benefit, safety and health protection, trade union rights, collective bargaining, the right to strike and lockout, and the settlement of labour disputes, member States seek to influence the conduct of employers and workers and their organizations. Labour legislation has remained the main instrument for voicing social policy in these areas -- despite criticism from some quarters that it interferes excessively with market forces at times of economic transition. Moreover, new labour legislation has been vital in establishing democratic guarantees in the area of labour in the many countries undergoing political and economic transformation.Governments regularly ask the Office to help them revise their labour laws, more often than not when they are involved in comprehensive reviews of their social policy. This assistance is provided through advisory services and technical cooperation activities to help draft new legislation, as well as through detailed technical comments on draft legislation. In providing this assistance, the Office seeks to help countries update their legislation in response to changing needs and circumstances, as well as to comply with basic human rights standards and ratified Conventions. In all cases, it seeks to ensure full participation of workers' and employers' organizations in the exercise. In the course of 1994-95, assistance of this type was provided to 35 countries.(9)
A large number of countries which are introducing democratic political and/or market economic structures are liberalizing the rules governing trade union organization and labour disputes and are beginning to use collective bargaining to determine wages and working conditions. In so doing, they request assistance from the Office in the form of information and advice on the organization of these activities. During the biennium 1994-95, seminars and round tables on labour relations in general and social dialogue, collective bargaining or the settlement of labour disputes in particular, were organized in a number of countries, including Hungary, Poland, Romania, the Russian Federation, Eritrea, Malawi and Zambia. In addition, subregional meetings on tripartism were held in Central and Eastern Europe and in the southern cone countries of Latin America. Other member States requested information, assistance or advice in dealing with the relationship between structural adjustment, increased competition and labour relations. As well as being covered by more general meetings on labour relations, these issues were considered in: two Asian subregional seminars on the promotion of shop-floor and enterprise labour-management cooperation and consultation; workshops in Kenya on structural adjustment, labour relations, wages and productivity; workshops in Madagascar and the Seychelles on labour relations; and a subregional workshop on new trends in labour relations in Caribbean countries.
A number of studies and practical guides were prepared in support of these activities. A study was completed on the nature of the unprecedented challenges confronted by trade unions in many countries in recent years and on their responses to these challenges.(10) This study,based in part on contributions by 11 trade union confederations in eight industrialized countries, examines the diversity of the workforce and changing attitudes towards work and the consequences for union membership levels, influence and priorities. Another study, carried out on disputes settlement in essential services, provides guidance to countries wishing to assess various approaches on regulating this vexatious question. It analyses the definition of essential services, the determination of rules and procedures applied in case of labour stoppages, and ways to find an equitable solution that not only takes into account the public interest but also safeguards the right to strike.(11) A further study assesses the contribution of workers' participation in enterprise decision-making to the widespread changes in work organization that are being adopted by enterprises with a view to increasing
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Industrial relations in South Africa
For many years, the ILO was one of the most outspoken and effective opponents of apartheid in South Africa. Two years before the fall of apartheid, the Government accepted the visit of an ILO Fact-Finding Conciliation Commission on Freedom of Association in 1992 which made detailed recommendations on ways to adapt the industrial relations system and labour laws to a non-discriminatory world. This was the only international investigative mission ever allowed into South Africa under apartheid, and its recommendations have formed the basis for the country's policies in this area. South Africa has a tradition of adversarial labour relations, overshadowed by political conflict. Over the past five years, levels of industrial action in South Africa have remained persistently high, accounting for between 3 and 4 million lost workdays per annum. It was generally agreed that if these trends were to continue, it would be difficult to establish a growth economy capable of competing in the increasingly free world of international trade and investment. It was against this background that the Ministry of Labour appointed a tripartite national task force to draft a new law on industrial relations. In a new approach to the provision of technical assistance in the field of industrial relations, eight members of the task force came to the ILO headquarters in Geneva. They were able to draw on the collective memory and expertise of ILO officials and three international experts. The ILO's specialized information and advice was sought on a wide range of issues, including collective bargaining, codetermination, termination of employment, the settlement of labour disputes, industrial tribunals, the right to organize, productivity, equality of opportunities and rights, as well as general drafting procedures and techniques. After a week of scheduled consultations, the team started drafting the law, calling on different ILO officials as needed. The team then returned to South Africa with the first draft of the Industrial Relations Bill for examination by the task force as a whole. The Labour Relations Act was adopted by the South African Parliament in September 1995. |
Primary industrial sectors, which still play an important role in the economies of many countries, are often under considerable pressure to improve productivity in the face of intensified competition from other producers and alternative products. And basic principles of freedom of association and collective bargaining may be undermined when enterprises perceive that their profitability or even survival is at stake. However, sound industrial relations based on the constructive application of these principles can make an important contribution to productivity improvement. This issue was examined in ILO tripartite sectoral meetings in 1994 for the plantations sector and in 1995 for coal mines. Reports and related publications produced for the meetings examined in some detail how the issue had been handled in a number of countries.(14) Both meetings noted the importance of productivity improvement, the key role of industrial relations in this respect, and the importance of respecting ILO Conventions on freedom of association, trade union rights and collective bargaining.
One of the most fundamental subjects covered by collective bargaining is remuneration. During the biennium, ways were sought to help constituents understand better the impact of such overriding factors as economic transformation, structural adjustment and increased levels of competition on wage policy at the national and enterprise levels. In all activities related to this issue, emphasis was placed on the necessary involvement of all the parties in wage determination and the contribution of social dialogue to the implementation of structural adjustment measures and the improvement of competitiveness. In the context of a wage policy project in Albania, training was provided to specialists from government, employer and trade union circles. The project culminated in a national tripartite conference which laid the basis for future reforms as part of the current democratization process, with a view to decentralizing wage determination, fostering wage negotiations, strengthening national capacity to determine minimum wages and proposing public sector pay reforms. In Ghana, advisory services were provided to the tripartite body responsible for determining the national minimum wage. A tripartite meeting organized to discuss alternatives and priorities for minimum wage-fixing focused on the issue of the relative weight that should be accorded to the various social and economic factors. In Benin, assistance was provided to help this country introduce a new remuneration system in the postal and telecommunications services; this included the organization of tripartite discussions on the major problems-- such as pensions coverage -- arising as a result of the trend towards public enterprise autonomy and privatization. These activities were supported by a study of the approaches adopted in various industrialized countries, as well as in economies in transition, particularly in Central and Eastern Europe, to promote greater financial participation of workers in enterprises; these approaches included voucher privatization schemes and the incorporation of various types of share option schemes in pay negotiations and agreements.(15)
Labour administration
Well organized and effective labour administration systems, including labour inspection and public employment services, can play a vital role in the conception and implementation of policies for the protection of workers and the improved functioning of labour markets. However, their role is complicated by the erosion of traditional systems of employment and worker protection in many countries. There is therefore an urgent need to develop the capacities of labour administrations so that they can fulfil the important functions for which they are responsible, particularly in developing countries and the new democracies of Eastern Europe and Central Asia which are undergoing rapid change. Consequently, during the period under review, the ILO's activities in this field placed emphasis on strengthening institutions, training managers and reinforcing the role of the social partners in labour administration institutions.During the biennium, assistance was provided to labour administrations in several countries to enhance their capacity to bear the transition to a market economy; this involved promoting new roles for the social partners and developing social dialogue and tripartism. In Albania, the assistance provided by the ILO made a significant contribution to the creation of a Labour Ministry and the development of its functions at the central and local levels. The officials of the new Ministry were trained and advised on their role in facilitating social dialogue, developing industrial relations, resolving labour disputes, gathering information on job vacancies, providing employment services for jobseekers and operating a labour inspectorate. Some 50 labour inspectors were trained under this programme. Proposals were also made to the labour authorities in Azerbaijan on ways to organize the Ministry of Labour -- as well as to incorporate tripartite consultative machinery. In order to demonstrate the available options, study tours were organized for Azerbaijani officials in December 1995 to visit labour administrations in Western Europe. A similar approach was adopted in the assistance provided to South Africa and the Palestinian Authority. Workshops were organized and high-level Palestinian officials visited labour administrations in Poland, Netherlands and Sweden. On the basis of these visits, the officials took important decisions concerning the Palestinian labour administration; for instance, it was determined that labour inspectors would not just be responsible for safety and health issues but would also deal with the wider issues of industrial relations and remuneration. Tripartite seminars were also organized -- particularly for the countries of Central and Eastern Europe and the countries of the former USSR -- which familiarized constituents with examples of the most advanced labour administrations so that they could adopt the latest organizational methods.
The efficiency and effectiveness of labour inspection services contribute greatly to the implementation and observance of labour laws and regulations. Labour inspection services also play an important role in providing advice to employers and workers on compliance with legal requirements, in identifying gaps in legislation and in promoting remedial measures. However, the capacity of many labour administrations to operate labour inspection services of the necessary level is still quite limited, and their scope is often confined to the formal sector. The ILO's aim in this respect is to establish and develop modern labour inspection systems capable of fulfilling their mission as defined in the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). This objective was met through the provision of advisory services and technical assistance, the dissemination of information and other forms of cooperation. A Protocol to Convention No. 81 was also adopted, extending the scope of this instrument to the non-commercial sector.
Technical assistance was provided to constituents in all regions. A tripartite regional symposium on modernizing the management of labour inspection was held in Nairobi to draw lessons from a tripartite labour project implemented in Kenya. The two-year project had been very successful in improving the frequency and quality of labour inspection visits within existing resources by applying management techniques which encouraged communication between staff at all levels of the labour inspectorate throughout the country; the result had been that local ideas and initiatives had been allowed to develop and had been incorporated into national policies and programmes. In this project, emphasis was also placed on the involvement of the social partners in labour inspection at the national, sectoral and provincial levels, which led to a wider acceptance of
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Extension of Convention No. 81 to non-commercial services
Workers in the non-commercial services (NCS) sector account for as much as 50 per cent of the active labour force in some member States. They are regularly exposed to virtually all -- including the most serious -- occupational hazards be they technical, medical or social. They face the same risks as workers in industrial, commercial or agricultural occupations. In addition, they are often exposed to hazards unique to the NCS sector. Furthermore, there is, in many ILO member States, a significant disparity between the NCS and other sectors in the extent to which employees are covered by protective labour legislation, and the extent to which an independent external labour inspection can effectively secure the enforcement of labour protection legislation, as stipulated in the Labour Inspection Convention, 1947 (No. 81). Recognizing the importance of full protective coverage for workers in the NCS sector, the International Labour Conference at its 82nd Session adopted a new standard in the form of a Protocol to the Labour Inspection Convention. This Protocol, which has the same legal nature as a Convention, is subject to ratification by all ILO Members having ratified, or ratifying Convention No. 81. It defines "activities in the non-commercial services sector" as covering "all categories of workplaces not considered as industrial or commercial for the purposes of Convention No. 81". Certain categories, i.e. essential national (federal) government administrations, the armed services, the police and other public security services, as well as prison services, may be wholly or partly excluded from the scope of the Protocol, if its application to these services would raise special problems of a substantial nature. If these categories are not excluded, then special arrangements are foreseen with regard to powers of labour inspectors dealing with security clearance, issues of confidentiality, the taking and analysis of samples, etc. Provision is also made to enable inspectorates to advise on the formulation of effective measures to minimize risks during training for potentially hazardous work and to participate in monitoring the implementation of such measures. |
Six tripartite seminars were held for Arab countries to make labour administrators and the social partners more aware of the problems and working conditions faced by particular categories of workers (especially women and children) and of difficulties encountered in certain sectors -- such as agriculture, construction, public works, mines, the petroleum industry and the informal sector. National management training courses for labour administrators were also organized in several Arab States. Furthermore, an analysis was undertaken of the labour protection and industrial relations situation in Indonesia, on the basis of which comprehensive recommendations were made to the Government on social adjustment through sound industrial relations and labour protection.
The first phase of a subregional labour inspection development programme in Latvia, Lithuania and Estonia was completed which assessed the current functions, plans and shortcomings of the labour inspectorates in these countries. Assistance was provided for the establishment of comprehensive national policies on labour protection, the design of functional workplace information management systems and the elaboration of training and education programmes for labour inspectors and labour protection experts. These activities were backed up by subregional and national workshops and study tours for representatives of the social partners, officials from ministries of labour and labour inspectors from the three Baltic States.
National tripartite symposia were also held on the development of modern labour inspection systems in the Czech Republic, Hungary, Poland and Slovakia; these were supplemented by technical assistance activities, study tours and national management training seminars. A subregional tripartite symposium was organized in Poland for the above States and study tours were arranged for Polish labour inspectors to Switzerland and Spain. Important support was provided for these activities in the form of a study on the role of labour inspection in transition economies.(16) This study focused on the identification of gaps in labour inspection activities in member States and the recommendation of remedial measures to restore recognition of the fundamental role of inspection systems in these countries. In so doing, it not only proposed measures to strengthen and develop links between labour inspectorates and other bodies involved in labour protection, but also contained information on developments and achievements in the field of labour inspection in other countries. Particular emphasis was placed on the role of the social partners in the labour protection process. The combination of all of these activities contributed greatly to the establishment of state labour inspection services, which have reached varying stages of development in the countries of the region. In countries such as Albania, Hungary and Poland, the labour inspection systems are now close to achieving conformity with the provisions of Convention No.81.
In the context of the design and implementation of employment policies and measures, public employment services make an important contribution to the analysis of labour market trends and the dissemination of information on the labour market. They also play a significant role in matching the overall supply and demand for labour, tailoring the supply of education and training to labour market needs and redeploying workers who have lost their jobs or whose skills have become obsolete. An important aspect of the work of these services is to promote employment opportunities for the most vulnerable categories on the labour market. The ILO's activities in this respect focused on strengthening the capacity of national public employment services to play a more significant part in active labour market policies in partnership with employers, workers and other labour market institutions.
To attain this aim, the ILO continued, amongst other things, to provide technical advisory services, support for technical cooperation activities and standard-setting activities, and to carry out conceptual work on the changing role of public and private employment services. In Albania, support was provided for the setting up of employment services in all the regions and at the local level, and for the implementation of an appropriate methodology and procedures to register jobseekers and to match them with the available vacancies. In Viet Nam, the advisory services and training programmes delivered established the necessary capacity to set up local employment services and allow officials at the national level to develop the necessary organizational structure. The ILO assisted in the establishment of employment services in the Occupied Territories and trained staff in the organization of these services and in skills such as seeking vacancies in enterprises. A project completed in Poland contributed to the development of specific types of employment services adapted to the situation of the country. In particular, specialized services were established in eight regions of the country for the promotion of self-employment among workers made redundant as a result of the restructuring of the economy. One of the features of these services was the development of information packages designed to meet the needs of potential self-employed workers. Training and advisory services were also provided in a number of English-speaking African countries which resulted in improvements in the provision of placement, vocational guidance and counselling services, and in the development of labour market reporting, occupational classification techniques and occupational information materials.
The biennium was also characterized by standard-setting activities relating to private employment services. At the 81st Session of the International Labour Conference in 1994 there was a general discussion on the role of private employment agencies in the functioning of labour markets, which covered the adoption of new legislation in a number of countries, changing practices for the governance of such agencies and their relationship with public employment agencies. As a result of this discussion, it was decided that the question of the revision of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), would be placed on the agenda of the 85th Session of the Conference in 1997.
Employers' activities
Strong and independent employers' organizations not only contribute to economic and social progress but also fulfil an important role as representative institutions in democratic societies. By providing services which improve the performance of enterprises, they help to alleviate poverty and improve living and working conditions. Employers' organizations achieve their objective of improving the operating environment of enterprises by supplying their members with both collective services, such as representation and advocacy in social policy, and individual services, including information, training and advice in the fields of labour law, supervisory management, safety and health and productivity improvement. The ILO's activities during the biennium were directed at assisting|
Employers' organizations: Strategic planning
An important function of employers' organizations is to supply services to enterprises. In addition to their traditional services of collective and individual representation, many of them also provide training and advice in the fields of labour law, supervisory management, safety and health and productivity improvement. In order to survive and prosper, it is important for them to identify those areas in which they are best placed to provide useful services to their members and to develop their capacities to do so. In October 1995, the ILO organized the first of a series of regional workshops on strategic planning for employers' organizations. The workshop, held in Turin, covered the Asian and Pacific region, where a number of organizations are pioneers in this method of planning. Following the workshop, the participants were shown an example of strategic planning for employers' organizations in a visit to the Irish Business and Employers Federation. In a new initiative made possible by the placing of employers' specialists in 12 of the 14 multidisciplinary advisory teams, the ILO is helping in this process. The assistance includes studying the operating environment of each employers' organization and helping in the identification of current and emerging enterprise needs. The areas in which the employers' organization is best placed to meet those needs are then decided and the technical capacities to be developed are determined. As the process gets under way, the strategic plans developed with the employers' organizations will be included in the ILO's country objectives reviews. In this way, they will provide clear guidance for the technical assistance and cooperation activities provided to employers' organizations. |
Further partnership with employers' representatives was encouraged through meetings of the leaders of employers' organizations in each of the three major developing regions. These opportunities were used to reflect on the main developments affecting employers' organizations and to plan activities of mutual benefit. The Latin American employers emphasized the importance of human resources development and employment promotion through micro-economic reform when they met in Cartegena de Indias in May 1994. In October that year, meeting in Kuala Lumpur, the Asian and Pacific employers expressed the need for harmonious, non-conflictual industrial relations, and for an equitable distribution of wealth to foster political stability. The African employers' leaders, who met in Tunis later the same month, requested assistance in developing their institutional capacities and strengthening their services to members in the areas of social dialogue and human resources development. These occasions were also used to prepare the contribution of employers to the World Summit for Social Development, as well as to discuss the opportunities and challenges arising in the field of social policy as a result of globalization and economic liberalization.
While democratic laws and procedures provide a framework for the political process in most countries undergoing the transition to a market economy, especially in Eastern and Central Europe, as well as in countries emerging from armed conflict, lingering attitudes and customs established under the previous political system still colour the environment for employers' organizations. It was pointed out at a round table meeting for employers' organizations in countries with economies in transition, held in Geneva in May 1995, that the relatively large size of the state sector, combined with the difficulties encountered in the privatization process and the lack of an appropriate regulatory framework for voluntary organizations are some of the key obstacles to the development of employers' organizations in these countries. In response to these difficulties, assistance continued to be provided to employers' organizations in countries in transition. Moreover, leaders of employers' organizations from Central and Eastern Europe participated in a training course at the Turin Centre in May 1994 on how employers' organizations are run. In addition to Eastern and Central Europe and Mongolia, technical assistance in this field was also provided in the Central Asian republics, Eritrea, the Lao People's Democratic Republic, Mozambique and Viet Nam. The chambers of commerce representing Palestinian employers were also provided with training and advisory services, including advice on their federative structure and constitution.
Human resources development was a recurring theme almost everywhere, reflecting growing recognition of the critical role of the human factor in economic performance. National workshops on human resources development were organized for employers in Ghana, Malawi, Mauritius, Nigeria, Seychelles and Zimbabwe, as well as in several Arab countries. An interregional project was carried out in five south Asian and four African countries to help employers' organizations deal with the industrial relations aspects of human resources management, while another inter-regional project covering 12 countries focused on the human resources aspects of structural adjustment. These activities concentrated on the development of training materials based on case-studies of enterprise experiences.
Growing competition in an increasingly global market has given the question of productivity a new urgency. In response to requests from employers' organizations around the world for help in developing productivity improvement services, an interregional project was carried out to demonstrate through practical activities in enterprises the crucial role that good labour relations and worker participation play in the attainment of productivity objectives. A similar project on productivity improvement was undertaken in the Caribbean.
Regional economic integration is another subject that attracted the interest of employers in many countries. A meeting of Latin American employers in Asunción examined its consequences on industrial relations. Employers from French-speaking West Africa, meeting in Libreville in April 1995 to discuss the structural adjustment issues resulting from the dramatic devaluation of the CFA franc, identified as solutions greater regional economic integration, the harmonization of social legislation in their countries and the creation of a better climate for enterprise activity.
In the Asian and Pacific region, enterprises continued to seek ways to promote initiative, productivity and good working relations. In response, the ILO provided advice and training in flexible and performance-linked pay systems through seminars and workshops in Fiji, Indonesia, Papua New Guinea and the Philippines. A subregional meeting for employers' organizations from South East Asia and the Pacific examined the strategic importance of flexible pay systems for competitiveness and urged the ILO to disseminate information on them to governments and workers' organizations.
Workers' activities
As institutions which represent workers' interests at the enterprise and sectoral levels, as well as through consultations with policy-makers at the national level, trade unions play a fundamental role in democratic societies. They also, as active partners in tripartite fora, make an important contribution to economic and social development in pursuance of their commitment to protect and advance fundamental human and trade union rights, promote social justice and combat unemployment. Trade unions are now confronted with increasingly complex challenges arising out of rapid technological innovation and changes in the organization of work, modifications in industrial relations arrangements at enterprise level, the implementation of structural adjustment programmes and the processes of regional economic integration and globalization. In addition, in a growing number of countries, trade unions are taking on increased responsibilities. They are being called upon to act as: social institutions promoting the organization of workers in the informal sector; partner institutions in campaigns to eliminate child labour; and pressure groups calling for the adoption of policies and measures designed to combat all forms of discrimination against women in employment and protect the environment with a view to ensuring sustainable development.During the biennium, the ILO's assistance to workers' organizations was geared to enhancing the capacity of trade unions to carry out their traditional functions of providing services to their members and to participate effectively in tripartite dialogue -- thus promoting workers' interests. Emphasis was placed on furthering the participation and representation of women in trade union activities. These aims were pursued by maintaining close relations with international, regional and national trade union bodies and providing practical assistance, particularly in the field of workers' education. This assistance continued to be delivered through technical cooperation and advisory services, the production and publication of manuals, study guides, teaching aids and video training cassettes, and the organization of seminars and meetings. The administration of fellowship grants was also an important means of action which provided some 600 trade union leaders with an opportunity to participate in international trade union meetings and training courses.
As the only intergovernmental organization that is tripartite in structure, participation in the ILO and its activities is of paramount importance to trade unions, particularly with a view to the development and application of international labour standards and the furtherance of trade union and workers' rights. Importance was therefore placed on providing trade unions with information about the role that they could play in the ILO with respect to the adoption and supervision of international labour standards and the promotion of the principles of tripartism and workers' participation. A regional seminar on the role of workers' representatives in the ILO was conducted in Abidjan. Trade union leaders from several countries in Asia and the Pacific attended a regional meeting on basic human rights and development, and a subregional seminar on the same topic was held for countries in Central America and the Dominican Republic. These activities were supported by the publication of a manual on the role of the ILO in promoting social progress(17) and a study on the principles of freedom of association.(18) In the context of the active partnership policy, one major development during the biennium, which gave workers' representatives much more direct access to the work of the ILO, was their involvement in the development of the country objectives formulated by the multidisciplinary advisory teams. This was an important step for trade unions inasmuch as they were able to participate in defining priorities for ILO action at the national level. Support was provided for trade unions to facilitate their participation in translating the priority areas for action identified in country objectives into practical activities in each member State. Support was also given to enhance the active participation of trade unions in the preparations for the Social Summit, both in the context of the ILO's work with national and international trade union federations and in the forum held by the trade union movement a few days before the Social Summit.
In all the activities carried out to assist trade unions, emphasis continued to be placed on ways workers' organizations could promote the observance of workers' and trade union rights. An international symposium was held in Geneva on the role of workers' education in the promotion of trade union rights. The symposium brought together trade union representatives from all regions to discuss how trade unions could actively promote the ratification and application of international labour standards and the observance of these rights. In this context, in the services provided to African trade unions, particular attention was paid to identifying ways in which they could play an effective role in the development of societies based on democratic and participative principles. One of the principal means of achieving this objective is the extension of workers' organizations to unorganized categories of the population. To assist in this process, regional seminars for trade union leaders were organized in Africa, Asia and Latin America to discuss methods of extending trade union initiatives to cover the informal sector. With reference to successful examples, these seminars emphasized the effectiveness of helping specific categories of informal sector workers, such as market vendors or fishermen, to develop cooperatives or other types of association initially designed to cater for fundamental needs such as access to credit or training. They also examined the provisions of national labour legislation as they affect the organization of informal sector workers.
More than half the labour force in developing countries is composed of rural workers. As the poorest and most vulnerable category of workers in these countries, they are the most in need of protection. However, they are normally poorly organized and are generally unable to use the powerful tool of collective bargaining to improve their wages and working conditions. With a view to strengthening the organizations representing these workers, training and technical advisory services were provided to rural workers' organizations in a number of African and Asian countries, including India, the Philippines and Sri Lanka. This assistance included a series of national and subregional workshops designed to increase these organizations' awareness and knowledge of the most relevant international labour standards, as well as the principles of occupational safety and health applicable to rural and agricultural workers. The training dispensed focused on the development of social and economic activities -- such as the establishment of credit and marketing cooperatives -- as a basis for reinforcing the organization of these workers. Training was also provided for trainers and emphasis was placed on measures to strengthen the
Rural workers' organizations as a channel for gender and equality training
In developing countries, women in rural areas often make a significant contribution to the household economy, both through their work in family production units and as wage-earners. Improved skills and opportunities for rural women can therefore make a significant difference, not only to the situation of women, but also to living standards in rural areas. Rural workers' organizations can provide them with the support they need in this respect, by helping them acquire the skills necessary to play a more important economic role and supporting their efforts to organize. A project was carried out in Central America and in the Dominican Republic to strengthen the participation of women in rural organizations, develop their potential as leaders and promote income-earning opportunities with a view to improving their living and working conditions. The project consisted of an integrated training scheme for women in grass-roots organizations at the village or plantation level. Training materials adapted to their situation and specific problems -- which included a lack of literacy skills -- were produced and used in study circles. The topics covered were closely related to the particular circumstances of the women and the training activities were designed to encourage the identification of practical solutions to their problems, often in the form of pilot projects. Over a three-year period, training was carried out in 135 grass-roots groups, reaching over 6,000 participants. In an attempt to sustain the approach, over 150 facilitators were trained in the methodology. The participants identified and started to implement over 100 pilot projects, including credit schemes, the collective production and marketing of agricultural products, and special services to provide more education to women. The ground has been laid for a more integrated mainstream programme of training. Many of the women participants have started to demonstrate leadership qualities and are more active in the unions. Some have been elected to trade union office, some unions have established reserved seats for women on their boards and others have set up women's committees. As a result, traditional obstacles to the active participation of women in the activities of rural workers' organizations have started to be removed. |
In view of the impact of technological change on agriculture and the rural sectors, a subregional workshop on this issue for rural workers' organizations in South Asia was held in Sri Lanka in October 1995. The workshop assessed the organizational, economic and cultural effects of technological changes in agriculture and their impact on productivity, employment, the environment and sustainable development. The meeting also identified policies and legal instruments, including international labour standards, which could help rural workers' organizations deal with technological changes. The workshop focused on appropriate trade union action to address problems arising from technological change. This included raising awareness of the health and safety aspects of new technologies, such as pesticides and other chemical products used in agriculture. In view of the very large numbers of women workers in rural areas, including plantations, particular stress was laid on the importance of involving women in assessments of the impact of technological innovations in agriculture.
A particularly important service provided by trade unions to their members is workers' education. In the activities carried out by the ILO in support of trade unions, considerable emphasis continued to be placed on the development and strengthening of their workers' education programmes. Technical assistance activities for workers' organizations were designed to improve the access of their members to both formal and non-formal education. Advisory services and technical training were provided to national federations of workers' organizations in the majority of developing countries covering such areas as: the training of trainers; the planning and administration of educational systems for workers; the use of new technologies in applying experimental learning methods; and improved communications techniques to enhance the effectiveness of training. A series of high-level international courses to assist trade unions develop their priority programmes in workers' education and collective bargaining was also held at the Turin Centre for the various regions and linguistic groupings. In these activities, importance continued to be attached to promoting the ratification of the Paid Educational Leave Convention, 1974 (No. 140). In support of these activities, teaching aids, course outlines, training video cassettes and other teaching materials were produced and distributed. Four issues a year of the Workers' Education journal were published in English, French and Spanish. A training manual was also published on workers' access to education.(19)
In countries undergoing the transition to a democratic system and market economy, workers' education and other activities were designed to improve the capacity and knowledge of workers' representatives in the fields of collective bargaining and the application of international labour standards. These activities provided trade union activists in a majority of the transition countries with guidance and a working knowledge of participation in decision-making at the enterprise level and in workers' welfare schemes. They also covered social security services, the reconstruction of the industrial relations systems and the resourcing of trade union activities. Selected workers' education manuals were translated into the languages of the countries concerned and a conference on privatization was organized for trade unions in the Russian Federation. This conference provided an important opportunity for informing trade unions of the implications of privatization for industrial relations and the role played by collective bargaining in privatized enterprises operating in a market economy. Emphasis was placed on the importance of consultation and the involvement of workers' representatives in the privatization process of enterprises.
One of the greatest challenges confronting trade unions in the context of their involvement in the development process is how to respond to the implementation of structural adjustment programmes. To help trade unions develop an effective response to structural changes at the micro and macro levels, support was provided to their research and educational activities. A regional seminar on structural adjustment and employment policies was organized in October 1995 for trade union leaders in Latin America. This meeting provided trade unions in the region with an opportunity to analyse strategies to minimize the social costs and adverse effects of structural adjustment measures. Addressing a related issue, advisory services were provided to workers' organizations in the member States of MERCOSUR and ASEAN to help develop their response to the process of regional economic integration. These activities were designed to develop an understanding of the processes involved in regional integration and their implications. Emphasis was placed on the importance of workers' representatives being involved in these processes and on ways they could help to ensure compliance with the relevant international labour standards.
An increasing number of member States are adopting health and safety legislation requiring the establishment of joint safety committees composed of employers' and workers' representatives, in accordance with the Occupational Safety and Health Convention, 1981 (No. 155), and its accompanying Recommendation (No. 164). Workers' education activities were carried out in various regions to help workers' representatives develop the necessary skills to become effective members of safety committees and to influence decisions concerning occupational safety, health and the environment. Technical cooperation activities involving training for workers' representatives in safety and health and the environment were undertaken in a number of countries, including India, Malaysia, Philippines and Zimbabwe. These projects focused on the preparation of training materials and raising the awareness of trade union leaders and trainers on issues related to the environment, sustainable development and safety and health. Emphasis was placed on identifying action that could be taken by trade unions, including campaigns for the adoption of measures and regulations and the inclusion of clauses in collective agreements. Courses on occupational safety and health were also organized at the Turin Centre for trade unionists from the various regions. In support of these activities, a set of 12 modules of workers' education training materials on occupational safety and health were revised and updated.(20)
Notes
(1).Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4A), International Labour Conference, 81st Session 1994 and 82nd Session 1995.
(2).Freedom of Association and Collective Bargaining, Report III (Part 4B), International Labour Conference, 81st Session 1994.
(3).ILO Law on Freedom of Association. Standards and Procedures, 1995.
(4).Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996.
(5).Protection against unjustified dismissal, Report III (Part 4B), International Labour Conference, 82nd Session, 1995.
(6).Positive action in employment: Persons with disabilities and ethnic minorities (Provisional title, forthcoming).
(7).Tripartite Meeting on Maritime Labour Standards (1994). Report I: Revision of the Labour Inspection (Seamen) Recommendation, 1926 (No. 28). Report II: Revision of the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109) and Recommendation, 1958 (No. 109). Report III: Revision of the Placing of Seamen Convention, 1920 (No. 9). Report IV: Partial Revision of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).
(8).Labour Law Documents, 1994/1, 2 and 3 and Labour Law Documents, 1995/1, 2 and3.
(9).Albania, Azerbaijan, Bahamas, Bangladesh, Belarus, Belize, Burkina Faso, Cambodia, Chad, Colombia, Congo, Côte d'Ivoire, Dominica, Egypt, El Salvador, Eritrea, Grenada, Honduras, Indonesia, Kazakstan, Lao People's Democratic Republic, Maldives, Malawi, Mauritania, Mauritius, Montserrat, Niger, Pakistan, Panama, Uzbekistan, St. Kitts and Nevis, South Africa, Ukraine, Viet Nam and Zimbabwe.
(10).Unions in a changing world: Problems and prospects in selected industrialized countries (forthcoming).
(11).Settlement of labour disputes in essential services (manuscript).
(12).Workers' participation in work organization (manuscript).
(13).Relaciones de trabajo en Venezuela: Informe de una misión de la Oficina Internacional del Trabajo (Labour-Management Relations Series, No. 79), 1995.
(14).Coal Mines Committee, Thirteenth Session, Report II: Productivity and its impact on employment and labour relations in the coalmining industry (1994); Committee on Work on Plantations, Tenth Session, Report II: Labour relations on plantations in relation to productivity improvements (1994); N.S. Jennings (ed.), "Productivity, employment and industrial relations in coal mines", in Sectoral Activities Programme Working Papers Nos.76-78, 1994-95.
(15).Workers' financial participation: East-West experiences (Labour-Management Relations Series, No. 80), 1995.
(16).The role of labour inspection in transition economies (forthcoming).
(17).The ILO in the service of social progress, 1995.
(18).ILO Law on Freedom of Association, op. cit.
(19).Workers' access to education: A workers' education guide, 1995.
(20).Your health and safety at work: A collection of modules, 12 modules covering: instructors' guide, legislation and enforcement, your body at work, noise at work, ergonomics, AIDS in the workplace, using health and safety committees at work, controlling hazards, introduction to occupational health and safety and chemicals in the workplace -- plus two volumes of appendices (forthcoming).
