CROSS-BORDER SOCIAL DIALOGUE AND AGREEMENTS: An ...

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The role of the ILO in promoting the development – Drouin voluntary nature of IFAs, which makes their implementation dependent on the good-will of enterprises; and the limited resources and capacities of GUFs to negotiate and service the agreements. 7 Can the ILO encourage self-regulation by the global social partners (international unions, employers’ organizations and the management of MNCs) in a way that removes or eases some of these obstacles? In some of his more recent reports (ILO, 2004b; 2004c), the ILO Director-General has acknowledged the potential for IFAs to play a constructive role in the promotion of social dialogue and respect for fundamental labour rights, but the organization has not yet elaborated any concrete policy for them. The WCSDG, and the Director-General in his 2004 annual report to the International Labour Conference, have simply recommended that the ILO monitor the development of IFAs and provide assistance to the parties involved if they express the need for it (WCSDG, 2004, para. 566; ILO, 2004c, p. 26). This initial reaction, although timid, denotes a positive outlook for IFAs. It seems that the agreements might well be applied in a fruitful manner if integrated into certain ILO policies as a means to fulfil some of the strategic objectives of the Decent Work Agenda. 8 IFAs and ILO instruments for the promotion of fundamental labour rights and social dialogue could therefore be mutually reinforcing. This chapter analyses several ILO steering mechanisms that could be used to assist the development and growth of IFAs. It also assesses these mechanisms’ potential to help overcome some of the difficulties facing the evolution of IFAs as a medium for the promotion of fundamental labour rights and social dialogue. The chapter considers more specifically three ways in which the ILO could support the development of IFAs: recognizing international trade union rights in international labour Conventions and other instruments, promoting IFAs through sectoral activities, and providing dispute resolution services as well as technical assistance to trade unions and employers. 7 See Drouin (2006). 8 Although the promotion of fundamental standards — the first strategic objective — is essentially targeted at member States, IFAs bring about a means to further the realization of this objective in MNCs. Moreover, IFAs could contribute to the fourth strategic objective — social dialogue — by contributing to some of its operational objectives, for instance “strengthened social partners” and “the development of social dialogue at sectoral level to improve global labour and social outcomes”. The ILO’s strategic objectives, operational objectives and projected outcomes are laid out in ILO (2004a). See in particular p. 28 with regard to fundamental human rights and p. 29 with regard to social dialogue. 239
Cross-border social dialogue and agreements Recognizing international trade union rights in International Labour Conventions and other instruments The development of IFAs is intrinsically related to the possibility of trade unions forging solidarity links and using collective action internationally. For the international trade union movement, international solidarity seems to be one of the most valuable methods for providing democratic alternatives to globalization (Munck, 2002, pp. 13 and 177). But while it is easy to say that global problems require global solutions, the globalization of trade union strategies — including the conclusion of IFAs — is not as straightforward as the globalization of capital (Haworth and Ramsay, 1986, p. 55). National regulation often circumscribes workers’ solidarity action, at times creating possibilities for workers, but at other times restricting their leeway. Legal impediments to cross-border solidarity most commonly take the form of limitations to affiliation with international organizations of workers, prohibition of solidarity strikes or other industrial action, and restrictions on freedom of association and collective bargaining rights (Servais, 2000, pp. 44-5). At international level, the absence of a legal framework for industrial relations and the imbalance of power between MNCs and international trade unions constitute two of the most important problems for the development of transnational social dialogue and collective bargaining. The rights to freedom of association and to collective bargaining are formally protected by ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and Convention No. 98 on the Right to Organise and to Collective Bargaining. 9 Yet the international dimension of these rights is only imperfectly tackled in the relevant Conventions. On the one hand, Article 5 of Convention No. 87 specifically provides for the right of trade unions and employers’ organizations to “affiliate with international organisations of workers and employers”. The importance of this right in a context of globalization has been emphasized by the Committee of Experts on the Application of Conventions 9 Other Conventions also relate to the right to freedom of association and collective bargaining: Right of Association (Agriculture) Convention, 1921 (No. 11), Workers’ Representatives Convention, 1971 (No. 135), Labour Relations (Public Service) Convention, 1978 (No. 151) and Collective Bargaining Convention, 1981 (No. 154). 240
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CROSS-BORDER SOCIAL DIALOGUE AND AG
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Published by the International Inst
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Cross-border social dialogue and ag
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Contributors Dominique Bé, an econ
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Contributors Nathan Lillie is Assis
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Acronyms BWI Building and Wood Work
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Introduction Konstantinos Papadakis
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Introduction - Papadakis each with
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Introduction - Papadakis above. Thi
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Introduction - Papadakis tices unde
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Introduction - Papadakis role of co
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Introduction - Papadakis veaux enje
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Chapter 1 International framework a
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International framework agreements:
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Chapter 3 International framework a
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International framework agreements
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Part 3 Legal dimensions 113
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Part 4 Varieties of dialogue and re
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