International Labour Conference
Geneva June 2009
Summary
The 98th ILO International Labour Conference (ILC) took place at the United Nations Palais de Nations in Geneva between 3-19 June.
The core TUC delegation comprised Amanda Brown (NUT), Stewart Brown (FBU), Sam Gurney (TUC), and Tanya Warlock (TUC).
Four main committees were held focusing on the ILO response to the economic crisis, formulating an ILO standard or recommendation on HIV-Aids in workplace, producing crosscutting recommendations on gender and the Committee on Application of standards which reviews the implementation of ILO standards.
Introduction
1 The 98th ILO International Labour Conference (ILC) took place at the United Nations Palais de Nations in Geneva between 3-19 June.
2 The TUC delegation comprised Amanda Brown (NUT), Stewart Brown (FBU), Sam Gurney (TUC), and Tanya Warlock (TUC). A number of other colleagues attended for specific meetings including Bandula Kothalawala (TUC) and Gemma Freedman (TUC) who attended the Commonwealth Trade Union Group meeting and held a number of bilateral meetings with sister organisations from developing countries and Simon Dubbins (Unite) and Mariela Kohon (Justice for Colombia) who came for bilateral meetings on Colombia.
3 In total almost 4,000 people were registered at the conference in various capacities. There was a marginal increase in the number of women attending with the percentage of female heads of delegation rising from 19.8% to 20.2% and overall percentage of women registered increasing from 25.7% to 28.6%.
Agenda and format
4 This year's conference took place firmly in the context of the global crisis and the agenda was adjusted to reflect this fact. The planned discussion on 'Employment and social protection in the new demographic context' was postponed to create space for the establishment of a 'Committee of the Whole (COW) on Crisis Responses'. This committee was charged with focusing on the crisis and producing an ILO response for use in multilateral forums and for engaging with national governments, eventually entitled 'recovering from the Crisis: A Global Jobs Pact'.
5 Two other non recurring agenda items were addressed: a general discussion on 'Gender equality at the heart of decent work' and the first year of a two year standard setting discussion on 'HIV/AIDS in the world of work'.
6 The ILC also has a number of items which recur annually, including the Committee on the Application of Standards (CAS) which reviewed 25 cases brought against Governments for alleged breaches of ILO conventions and the main plenary of the conference which gives delegates from all three constituencies the chance to speak in response to the ILO Director General's report.
7 All committees have a tripartite composition with employer, worker and government representation which produces a complex process of group pre-meetings and the need to report back constantly to the rest of the conference. In addition an important part of the TUC delegation's work involves meeting the government and business representatives on the UK delegation to highlight key worker demands and seek consensus on how to move discussions forward.
Committee of the Whole on Crisis Responses (COW)
8 Sam Gurney represented the TUC on this committee. The business for COW was divided into three distinct phases. The initial 6 days consisted of a series of interactive panel discussions on the following themes:
9 Full details of the panels and copies of the presentations given can be found at http://www.ilo.org/public/english/support/lib/financialcrisis/.
10 The quality and usefulness of the sessions varied greatly. Many sessions highlighted the fact that even if financial sector recovery was beginning the negative impacts on employment would continue for some time after 'financial recovery' had occurred. The session on social dialogue focused on the recent signing of the first International Framework Agreement between a UK based multinational and a Global Union Federation: that between G4S and UNI. The head of human resources at G4S and UNI General Secretary Philip Jennings both focused on the need to work together to maintain employment during the crisis and gave practical examples from a company previously sceptical of such an approach.
11 Following the panel sessions and further general discussion a tripartite drafting group was established to begin negotiations on the document that became 'Recovering from the Crisis: A Global Jobs Pact', which was reported to the Executive Committee at its meeting in July. The TUC provided lobbying coordination between EU worker delegates and their governments. The worker delegates on the drafting committee were given a firm steer on what the wider workers' group wanted to see in the final text. These points included:
12 The employers argued for a far more basic document which did not seek to analyse the causes of the crisis or outline any 'prescriptive' responses that would affect the way they worked. Governments took a more diverse approach with the UK arguing that the ILO should not overreach itself and should ideally stick to a limited number of policy responses. The final document, as always at the ILO, was a compromise necessitated by the need to achieve consensus, but was broadly welcomed by the workers' group.
13 Positive elements included guidance for governments and employers on the need to maintain and create employment, recognition of the importance of green jobs both for economic recovery and for tackling climate change and an emphasis on the crucial role of tripartite negotiations between governments, unions and employers to reach agreed policy solutions to avoid deflationary wage spirals and worsening working conditions. The importance of public job-creation schemes such as infrastructure development, as well as help for the unemployed and training and skills development, were also emphasised as was the need for effective and coherent global governance that brings the financial sector back in line with the needs of the real economy to support decent work and an overall recognition that the post crisis world must be different.
14 The General Secretary of the ITUC, Guy Ryder stated that 'The ILO Pact puts employment and incomes at the heart of economic recovery efforts, and sets key benchmarks for a new global economy. Jobs, workers' rights, social protection, quality public services and sustainability are to be at the centre of global policy making, in a significant break with the failed free-market radicalism which caused the crisis.' Debate in the workers' group then focused on how to use the pact and ensure that the ILO's role in global discussions on the crisis was fully recognised.
15 The final part of the COW formed part of the 'ILO Summit on the Global Jobs Crisis' at which a series of heads of state including the Presidents of Poland, Finland, Mozambique, Brazil, France, Argentine and Togo addressed the plenary of the conference. All agreed there could be no return to the weak regulation that had preceded the crisis. Presidents Sarkozy of France and Lula of Brazil were particularly scathing of how financial markets had been allowed to run so out of control. TUC General Secretary Brendan Barber spoke on the first day of the summit highlighting the need to create a very different global economy based on fair distribution, Decent Work and environmental sustainability and noting that the ILO's dictum that 'poverty anywhere is a threat to prosperity everywhere' has never had more relevance.
16 The Jobs Pact was adopted unanimously on the last day of the conference with calls from all sides to ensure that its contents were acted on both at a national and multilateral level.
HIV-AIDS in the world of work
17 Stewart Brown from the FBU represented the TUC on the committee. His report is attached. The 2009 discussion was the first in a two year process to produce an ILO autonomous recommendation. The discussions of the committee were shaped by responses to two ILO reports prepared after initial consultations with tripartite constituents and others at a national level. There was broad consensus that the world of work is a vital front in the struggle against HIV-AIDS and that workers and employers organisations have developed extensive experience of both the impact of HIV-AIDS in the workplace and on what the most effective strategies, based on a rights based approach for workers and their families, are to combat it.
18 There remains however less consensus on what form the output of the committee should take. The workers' group argued strongly for a formal ILO Convention which national governments would have to ratify and turn into national law whilst the employers argued for a series of non-binding recommendations which would effectively act as a guide to best practice. British Government officials expressed concern over the number of states who were likely to ratify a standard on an issue with as many 'cultural sensitivities' as responses to the pandemic. The discussion on the final status of the committee's output has been left until next year.
19 Unusually the chair of the committee decided not to move to a smaller drafting committee but to discuss the draft outcome document and amendments in the full tripartite group which led to extremely slow going to begin with and at one point the British Government officials pushed to guillotine further discussion on a series of amendments in a move opposed by the workers' group and others.
20 Progress was made however with the TUC playing an active role in particular on key issues around definitions and differences of interpretation on meaning of words which could have had major ramifications on important areas such as rights to confidentiality. At the conclusion of the process the worker vice-chair Jan Sithole (Swaziland Federation of Trade Unions) declared he was broadly happy with progress but cautioned that the forthcoming year would need to involve intensive lobbying. The full report of the committee and initial conclusions can be found at: http://www.ilo.org/global/What_we_do/Officialmeetings/ilc/ILCSessions/98thSession/pr/lang--en/docName--WCMS_108262/index.htm
Gender equality at the heart of decent work
21 Over 20 years have elapsed since gender equality had been discussed as a stand-alone item at the ILC. Following the last discussion in 1985 a wide range of recommendations on follow up were made that focused on ensuring that all ILO work enhanced the moves for equality of opportunity and treatment throughout the world of work. However it was clear that gaps in the ILO's position had developed not least given the ever increasing impact of globalisation and the immediate need to respond to the global economic crisis. The 2008 ILO Declaration on Social Justice for a Fair Globalisation reiterated the importance of gender equality as a cross-cutting issue at the heart of the Decent Work agenda and reemphasised the need to mainstream work on gender equality across the work of the ILO.
22 Unfortunately due to unforeseen circumstances the TUC nominee to the gender committee was unable to attend the conference. Tanya Warlock covered a number of sessions and Anthony Wolffe from the Bermuda Trade Union Congress was able to attend as the nominated TUC representative. The delegation remained in regular contact with the worker chair and secretary of the committee to ensure that we could raise issues with the UK Government and business representatives when needed.
23 The committee produced a detailed set of conclusions which highlighted, amongst other issues, the rationale for gender equality at work, men and gender equality, gender equality in the context of globalisation, the economic crisis and climate change, together with sections on the role of governments, workers, employers and the ILO in ensuring the successful implementation of the recommendations. The full report of the committee and its conclusions are at: http://www.ilo.org/global/What_we_do/Officialmeetings/ilc/ILCSessions/98thSession/pr/lang--en/docName--WCMS_108259/index.htm
24 Barbara Byers, worker vice-chair of the committee from the Canadian Labour Congress, stated in the final workers' group plenary that she was broadly happy with the outcome of the committee but that the real struggle would now be to ensure that the conclusions were acted upon.
Committee on Application of Standards
25 The CAS meets for two weeks during every conference to review the overall situation regarding the ratification and implementation of ILO standards and to consider around 25 specific cases of alleged violations of ILO conventions. These cases have to be agreed in advance by the employers' and workers' groups.
26 The first week of the CAS focused on the effect that the economic crisis was having on the implementation of standards with agreement that not only must the crisis must not be used as an excuse to reduce labour rights, in fact it highlighted that standards were even more important than ever. There was also extended discussion of the report by the Committee of Experts on the application of conventions and recommendations which this year looked at three conventions on occupational safety and health.
27 Discussion then moved onto individual cases which this year highlighted the following countries:
28 Burma was the subject of a special discussion on its continued failure to adhere to the convention prohibiting forced labour. The report of this session is at: http://www.ilo.org/global/What_we_do/Officialmeetings/ilc/ILCSessions/98thSession/pr/lang--en/docName--WCMS_108330/index.htm
29 TUC delegate Amanda Brown was involved in preparation for the workers cases on Turkey, Peru and Ethiopia and spoke in the debates on the latter two. Her speech on Peru focusing on the need to stop attacks on indigenous peoples can be found at: http://www.tuc.org.uk/international/tuc-16643-f0.pdf and that on Ethiopia calling for the authorities there to respect the rights of Ethiopian teachers to organise can be found at: http://www.tuc.org.uk/international/tuc-16644-f0.pdf.
30 For many years employers' representatives have blocked cases on Colombia and on the exploitation/forced labour of so called 'comfort women' by the Japanese military in Korea and China during WWII. This year a compromise was reached on Colombia by agreeing to allow a case brought by the employers in connection to allegations that Venezuela was breaching the right of employers to organise to be heard as well, but no agreement was reached on the 'comfort women' issue and so regrettably it was again not discussed.
31 Whilst the CAS remains one of the most important parts of the ILC its structure and organisation still needs improvement. On the final day the session lasted till 4am, following almost an entire day being taken up earlier in the week with circular arguments on Venezuela. Overall from the workers' side there was satisfaction with the majority of conclusions, 'Special paragraphs' which are strong condemnations of government's involved being issued in three cases: Burma, Iran and Swaziland and the successful blocking of Colombia from being listed as a 'case of progress.' There was however disappointment that we were unable to secure special paragraphs or ILO missions to Costa Rica, Guatemala and Peru.
32 Parts one and two of the committee's report can be found at: http://www.ilo.org/global/What_we_do/Officialmeetings/ilc/ILCSessions/98thSession/pr/lang--en/docName--WCMS_108370/index.htm and http://www.ilo.org/global/What_we_do/Officialmeetings/ilc/ILCSessions/98thSession/pr/lang--en/docName--WCMS_108378/index.htm
Other business and meetings
33 This year marked the 10th anniversary of the drafting of Convention 182 on the worst forms of child labour. A special session was held to highlight the ongoing campaign to achieve the elimination of child labour and it was reported that, with 4 exceptions, all ILO member states have now ratified the convention. Simon Steyne, the TUC's former representative on the ILO governing body, was thanked for his work during the drafting of the convention.
34 The ILO budget for the next 2010-11 period was passed with 410 votes in favour, none against and 6 abstentions. As reported previously the budget is a 'standstill' one reflecting many government members' reluctance to increase their allocations during the economic crisis.
35 The ITUC maintained a highly visible presence during the conference with the ITUC Geneva office acting as secretariat to the workers' group and ITUC staff acting as worker secretaries to all of the committees. The 2009 ITUC survey of violations was launched at a packed meeting during the middle week of conference.
36 Aside from the vital work of standard setting, reviewing the application of existing standards and producing recommendations, the ILC provides a useful opportunity for other work due to the large number of international trade union colleagues attending. The annual meeting of the Commonwealth Trade Union Group took place on the middle Sunday of the conference followed by the TUC hosted lunch for Commonwealth worker delegates. Members of the TUC delegation held bilateral meetings with colleagues from a range of countries including Colombia, China, Singapore, Swaziland, USA and Zimbabwe. A number of meetings took place to secure support from other national centres for the campaign to block the proposed EU-Colombia free trade agreement.
37 As always the TUC delegation played an active part in all aspects of the ILC. The emphasis is now on the ILO itself and its constituent members to give effect to the decisions reached at the 2009 conference, to publicise and secure effective implementation of the Jobs Pact and to continue work on the standard on HIV/AIDS in the workplace.
ANNEX ONE
Report to the TUC General Council on the International Labour Organisation (ILO) Conference, Geneva 2-14 June 2009
Stewart Brown Executive Council Fire Brigades Union LGBT
In April this year I was asked by the TUC, through the International office, to attend the 98th session of the ILO conference being held at the United Nations building in Geneva.
In my capacity as Executive Council member representing LGBT members of the FBU, and also as an extensive campaigner on work related to the HIV/AIDS pandemic, I was proud to be the Trade Union representative to the conference from the UK.
I have in my work within the FBU fought long and hard to establish a workplace policy on HIV/AIDS, and in conjunction with the National AIDS Trust and Terence Higgins Trust, have successfully brought awareness of this subject to a reasonably acceptable level. Much work still remains to be done.
This report gives general Council members a flavour of the work carried out by the ILO, its member's states and social partners.
The report brings together the various documents produced before the conference and also highlights the areas where work needs to be done, especially in certain parts of the world.
This year's conference is the first part in a 2 year process that will eventually bring about an autonomous recommendation to members states on the issue of HIV/AIDS in the world of work.
The TUC and the ITUC, along with other sister Trade Unions around the globe have fought long and hard for a ILO convention on HIV/AIDS in the World of Work, but this was clearly going to be unacceptable to Employers and Governments, and therefore the Recommendation had to be a strong instrument that would be effective and produce tangible results.
I have included at end of this report the introduction given to delegates at the beginning of the conference and highlighting the issues and how important this work will be in bringing about change to many, and hope to all.
The Trades Union Congress (TUC), Department for Work and Pensions (DWP), and the Confederation of British Industry (CBI) represented the United Kingdom at the 98th session of the ILO Conference, Geneva 2009. This session was tasked with work related to HIV/AIDS and the world of work.
At its 98th Session in March 2007, the Governing Body requested the Office to place an item on HIV/AIDS in the world of work on the agenda of the 98th Session (2009) of the International Labour Conference, for a double discussion leading to the adoption of an autonomous Recommendation.
It was decided that it was necessary to adopt an international labour standard in the form of an autonomous Recommendation on this subject in order to increase the attention devoted to the subject at the national and international levels, to promote united action among the key actors on HIV/AIDS, and to increase the impact of the ILO code of practice on HIV/AIDS and the world of work adopted in 2001 (hereinafter cited as the 'code of practice' or 'code'), and other action, as well as to review developments since 2001.
I have attached below the final report from the ILO relating to the conference and you can see the final draft text that was agreed by all parties from pages 89 to 98. There were 304 amendments to the proposed initial text prepared by the ILO office and delegates worked on these for 10 days before agreeing to the final text.
The one major issue facing delegates was raised under section 26 and 27 of final report, where certain governments, including Australia were keen to keep to the line of testing migrant workers on arrival into their respective countries. This was disputed but ultimately the workers were unsuccessful. The ITUC and others will continue to press for this to be amended in the final drafting in 2010.
I am grateful to the TUC for allowing me the opportunity to attend this years ILO and hope to make the return journey in 2010 to complete this vital piece of work for people around the globe.
Much work needs to be done and with the cooperation of all we will be able to set new standards that will bring hope for all living with and affected by HIV/AIDS.
Stewart Brown, Executive Council Fire Brigades Union LGBT 18/08/09
98th Session International Labour Conference Committee on HIV/AIDS
CONTEXT
The 98th session of the International Labour Conference is occurring at a crucial moment in the history of the ILO
This session of the conference thus presents the ILO with the unique opportunity to influence and reduce the uncertainties in the world of work in the 21st Century including upscaling the response to HIV/AIDS
THE GLOBAL HIV/AIDS PANDEMIC UPDATE
27 years of the HIV/AIDS pandemic
ILO AS A UNAIDS CO-SPONSOR
IMPACT OF FINANCIAL CRSIS ON HIV/AIDS PROGRAMMES
The global financial crisis is affecting countries in different ways.
THE BASIS OF THE PROPOSED NEW INSTRUMENT ON HIV/AIDS AND THE WORLD OF WORK
In March 2007 the ILO Governing Body requested an item on HIV/AIDS and the world of work on the agenda of June 2009 ILO leading to the adoption of an Autonomous Recommendation. The new instrument would:
A new ILO instrument would be essential to:
THE REASONS FOR PROPOSING A NEW INSTRUMENT ON HIV/AIDS AND THE WORK OF WORK
A new instrument should help to:
A Recommendation, once adopted would have to be submitted to competent national authorities under article 19, paragraph 6 of the ILO constitution for the enactment of legislation or other action.
BUILDING ON THE ILO CODE OF PRACTICE
The ILO Code of Practice on HIV/AIDS and the world of work was:
The key principles of the ILO Code have been applied in over 70 countries in the development of laws and policies and translated into 58 languages.
The ILO Code provides the framework for technical cooperation programmes in over 70 countries in all regions globally.
STATUS OF THE NEW INSTRUMENT: 'WHERE WE ARE NOW'
TIMELINE |
ACTIVITY |
Jan 2008 |
First report on HIV/AIDS and the world of work distributed to constituents (Law & Practice report). |
Aug 2008 |
Replies to questionnaire received |
Jan 2009 |
Drafting committee met |
Mar 2009 |
Second report reflecting the views of constituents (yellow report) |
June 2009 |
First discussion at the ILO on the basis of the first 2 reports. |
NEXT STEPS
TIMELINE |
ACTIVITY |
June 2009 |
First discussion at the ILO on the basis of the first 2 reports. |
Aug 2009 |
Third report (draft text) produced on the basis of ILO discussions. |
Nov 2009 |
Preparations of replies and comments (2 Blue reports). |
Feb 2010 |
Fourth (summary of comments on third report) and Fifth (draft text of instrument) reports |
June 2010 |
Possible adoption of new instrument at the 99thSession of the Conference. |
LOOKING AHEAD WITH OPTIMISM
The support and commitment from ILO constituents:
The ILO Declaration for Social Justice and Fair Globalisation: strengthens ILO's capacity to promote the Decent Work agenda and signals a major change towards balancing economic and social policies.
The ILO Strategic Policy Framework 2010-2015: strengthens the ILO's capacity to take advantage of the opportunities offered by globalisation and confront the challenges such as the financial crisis.
Strong global commitment and momentum (ILO, UNAIDS and partners) to sustain the gains made in HIV and AIDS response over the last 27 years.
The integration of world of work interventions national AIDS strategies.
The integration of HIV/AIDS in Decent Work Country Programmes.
CONCLUSION
A new instrument would provide us with opportunities to:
The proposed new instrument would provide us with the historic opportunity to respond in a more collective manner to the challenge posed by an epidemic that thrives along the weaknesses of our societies such as social, economic and gender inequality.
Your major efforts thus far indicate that the world of work will respond effectively!
We must and can rise up to the challenge!
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