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

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The role of the ILO in promoting the development – Drouin but also provide governments with the means to introduce and achieve the reforms that are required at national level. Promoting IFAs through sectoral activities In his 2004 annual report to the International Labour Conference, the ILO Director-General pointed out that sectoral activities could present different opportunities to promote global social dialogue and to discuss labour issues related to global production systems (ILO, 2004c, 25). Sectoral work at the ILO dates back to the 1940s. It was initiated because of the recognition that certain labour and social issues have a specifically sectoral character and that general matters such as globalization, the impact of technological changes or the situation of specific groups of workers may raise different concerns and take different forms according to the sector involved. The overall objective of the Sectoral Activities Department (now Branch) is to facilitate the dissemination and exchange of information among ILO constituents on labour subjects that have an impact on particular sectors. For example, it undertakes research on topical sectoral matters, and through the organization of sectoral meetings it provides an international forum for governments and for employers’ and workers’ representatives to exchange views and form an international tripartite consensus on sectoral issues. The discussions held during these gatherings can lead to the adoption of conclusions and resolutions on issues that affect the sector concerned. The interest of sectoral meetings in the development of IFAs is that they provide space for transnational dialogue. In the absence of an international framework for collective bargaining, GUFs use various strategies to convince MNCs to conclude an agreement (Drouin, 2006). Among the different patterns of negotiation that can be identified from empirical study of the agreements, the most successful appear to be those involving national or local unions from an MNC’s country of origin in the negotiation of the accords and using European works councils (EWCs) as platforms for the conclusion of an agreement. This reveals that existing structures for social dialogue and collective bargaining at national and European levels play an important role in the development of IFAs. However, negotiating IFAs with GUF national affiliates or under the auspices of an EWC carries the risk of not involving all the relevant interested parties, notably workers in developing countries who are expected to 247
Cross-border social dialogue and agreements benefit the most from the agreements. 18 This is especially true given that most GUF affiliates involved in negotiating IFAs are based in Europe. There is therefore a risk of undermining the global outlook of IFAs by putting a European stamp on this initiative. 19 Could ILO sectoral meetings, which possess a truly international character, serve as alternative platforms for the negotiation of IFAs? In recent years, many sectoral meetings have led to the adoption of conclusions and resolutions that (a) specifically ask the ILO Governing Body or governments and social partners to promote the application of the Tripartite Declaration as well as the fundamental labour rights enshrined in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, and that (b) encourage the establishment of processes of social dialogue. Discussions on social dialogue and labour standards in global production chains and IFAs took place in meetings in 1998, 2002 and 2005 (ILO, 1998b; 2002a; 2002b; 2005a). For instance, during the Tripartite Meeting on the Promotion of Good Industrial Relations in Oil and Gas Production and Oil Refining held in February-March 2002, a representative from the International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), who had been invited to the meeting as an observer, raised the issue of IFAs, explaining their objectives and the experience that his global union federation had had with this initiative (ILO, 2002c, para. 8). He challenged companies in the industry to sign framework agreements and to create an international employers’ organization, as found in other industries. His position was endorsed by other workers’ representatives (ILO, 2002c, para. 9), but the comments of employers’ representatives were more elusive, touching on the issue of tripartite dialogue at international level more generally, without taking a stance on IFAs (ILO, 2002c, para. 10). The accords were also linked to the Global Compact 20 when a workers’ spokesperson urged employers to contemplate signing an agreement with the ICEM covering the principles of the compact (ILO, 2002c, para. 48-51). The conclusions 18 ICEM members outlined this risk during their third World Congress in August 2003. Similar preoccupations were also raised by IMF affiliates (IMF, 2006). 19 IFAs are indeed sometimes seen as a European initiative to foster respect for fundamental labour rights. See Daugareilh (2006), p. 116. 20 The Global Compact is a corporate citizenship initiative of the United Nations Secretary General. Through this initiative, businesses are asked to enter, on a voluntary basis, into a partnership with the United Nations and to respect a set of 10 principles relating to human, labour and environmental rights wherever they operate. These include the four fundamental labour rights of the 1998 ILO Declaration. See: http://www.globalcompact.org/ [5 Mar. 2007]. 248
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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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Part 3 Legal dimensions 113
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Part 4 Varieties of dialogue and re
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Chapter 8 The ILO Maritime Labour C
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