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

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The role of the ILO in promoting the development – Drouin (ILO, 1972, para. 95). They advocated the adoption of an ILO convention on MNCs, notably including with regard to industrial relations: recognizing trade unions; facilitating trade union work at international level; prohibiting unfair bargaining practices, such as the threat to transfer production abroad; and providing adequate information to the trade unions on the national and global operations of enterprises (ILO, 1976a, paras. 108-109). 17 The employers’ experts and representatives, for their part, were largely opposed to the possibility of collective bargaining at international level, which they saw as both undesirable and unrealizable (ILO, 1972, para. 88). While many possible elements and forms of principles and guidelines relating to MNCs were explored (ILO, 1976b), the consensus that finally emerged in the form of the Tripartite Declaration fell short of the workers’ initial expectations: the instrument does not have the legal binding effect that a convention would have produced, and the chapter on industrial relations does not contain specific recommendations on transnational collective bargaining and consultation. Yet the ILO Tripartite Declaration tackles some of the challenges posed to the organization of labour by the activities of MNCs. Governments are urged to apply the principles of Article 5 of Convention No. 87 “in view of the importance, in relation to multinational enterprises, of permitting organizations representing such enterprises or the workers in their employment to affiliate with international organizations of employers and workers of their own choosing” (ILO, 2006a, para. 45). The Declaration specifies that “representatives of the workers in multinational enterprises should not be hindered from meeting for consultation and exchange of views among themselves” (ILO, 2006a, para. 47) and that “Governments should not restrict the entry of representatives of employers’ and workers’ organizations who come from other countries at the invitation of the local or national organizations concerned for the purpose of consultation on matters of mutual concern” (ILO, 2006a, para. 48). It further states that MNCs, in the context of collective negotiations, should not threaten to transfer the whole or part of their activities from the country concerned in order to influence these negotiations unjustly (ILO, 2006a, para. 53). 17 The workers’ group’s position echoed the standpoint of some prominent international trade unions, such as the International Confederation of Free Trade Unions (ILO, 1973, pp. 84-87). 245
Cross-border social dialogue and agreements A pragmatic approach to the inclusion of international trade union rights in existing ILO standards could be to amend the industrial relations chapter of the Tripartite Declaration, recommending to member States and MNCs that these rights be respected in accordance with the suggestions advanced previously in this chapter. The voluntary character of the Declaration could certainly impact positively on the willingness of the ILO constituents to proceed with such amendments. Irrespective of the revision of the Tripartite Declaration so as to include international trade union rights, the ILO could promote the conclusion of IFAs through its In Focus Program on the Promotion of the ILO Tripartite Declaration. Associated with this programme is the newly created In Focus Initiative on Corporate Social Responsibility (CSR), which “seeks to advance the ILO’s leadership in this area by promoting the principles laid down in the MNE Declaration as the foundation for good CSR policy and practice” (ILO, 2006b, para. 4). Although IFAs are not, strictly speaking, CSR initiatives, they could be presented as elements of good practices that firms can be engaged in with a view to respecting the principles laid out in the Tripartite Declaration. These suggestions would certainly help to create an international framework for the negotiation of international agreements. However, certain obstacles to the right to freedom of association and collective bargaining emanate, as previously mentioned, from national legislation. In turn, the ILO must continue to promote the ratification of Conventions by its Member States. The commitment of States to abide by recognized standards is only useful in so far as it is matched with concomitant action on the ground. Modifications to national laws as well as changes in institutions and practices are among the practical steps that are commonly required to ensure that States do not merely pay lip service to fundamental labour rights. Technical cooperation from the ILO is particularly vital in the process of labour law reform and judiciary training (ILO, 2004d). The ILO’s assistance guarantees that those involved in reforms at national level understand the background and are aware of the jurisprudence relevant to ratified Conventions. Experience with technical assistance programmes reveals that “changing attitudes, laws, institutions and practices require a sustained national effort over several years” (ILO, 2006b, para. 10). Consequently, the ILO must not only promote respect for fundamental labour rights and international trade union rights to governments, 246
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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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Part 4 Varieties of dialogue and re
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