Employers' Handbook on ILO Standards-related Activities

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OTHER STANDARDS-RELATED ACTIVITIES arbitration, could not be assessed in isolation from the general situation and the overall industrial relations system in a country. Generalized conclusions on these questions were therefore inappropriate since the circumstances varied from country to country. l Another contentious issue has been the Committee’s indifferent attitude towards the “right not to associate”. Here, the employers in the GB stated that individual representation, individual bargaining and individual agreements were legitimate and viable options for both employers and workers and should not be discouraged by the Committee’s conclusions. In general, the employers feel that the impact of the Committee’s recommendations could be greater if it applied more self-restraint in developing its principles. For more detail, see: l IOE: The Committee on Freedom of Association, Note by the Employer Members of the Committee (Geneva, March 1996). l ILO: ILO Law on Freedom of Association – Standards and Procedures (Geneva, 1995). l ILO: Freedom of Association: A user’s guide (Geneva, 2000). The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up The ILO Declaration on Fundamental Principles and Rights at Work, adopted by the ILC in 1998 (with no opposing votes), can be seen as the most significant achievement in ILO standards-related activities in recent years. It is designed to contribute to the implementation of four principles and rights at work regarded as fundamental to social progress. These principles are: l freedom of association and the effective recognition of the right to collective bargaining; l the elimination of all forms of forced or compulsory labour; l the effective abolition of child labour; and l the elimination of discrimination in respect of employment and occupation. It is important to note that these principles are derived from the ILO Constitution. Therefore, the Declaration does not create new principles, but affirms and highlights existing constitutional principles. By virtue of their membership, ILO member States have an obligation “to respect, to promote and to realize, in good faith and in accordance with the Constitution” these principles (para. 2). Of particular significance is the Follow-up to the Declaration. It is of a “strictly promotional nature” (Annex, para. 2) and must not be confused with a control mechanism, such as the ILS supervisory system. The follow-up will therefore retain its relevance even when all member States have ratified the Conventions covering these principles. 49
50 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES The essential objective of the follow-up is “to encourage the efforts made by the Members of the Organization to promote the fundamental principles and rights” reaffirmed in the Declaration (Annex, para. 1), among other things by identifying “areas in which the assistance of the Organization through its technical cooperation activities may prove useful …” (Annex, para. 2). Basically, the follow-up consists of two measures: l The Annual Review The objective of the Annual Review is to provide an overview of the current situation with regard to all four principles in those member States which have not yet ratified one or more of the Conventions in this field. The Review is compiled by the Office: it draws on government reports and information from employers’ and workers’ organizations. A group of seven independent experts, the ILO Declaration Expert Advisers (IDEA), is responsible for preparing an introduction to the compilation of Annual Reports, both of which are subsequently discussed by the Governing Body. l The Global Report Unlike the Annual Review, the Global Report focuses each year on one of the four principles and seeks to give a more in-depth picture of the global and regional trends in all member States. Over and above that, it is the function of the global report to evaluate ILO assistance and to identify priorities for future technical cooperation. The first two global reports, on the principle of freedom of association and the effective recognition of the right to collective bargaining and on the elimination of all forms of forced or compulsory labour, were submitted to the ILC in June 2000 and June 2001 respectively. Subsequent reports will address the effective abolition of child labour (2002) and the elimination of discrimination in respect of employment and occupation (2003), after which the cycle will start again. Employers’ and workers’ organizations, although not directly addressed by the Declaration, have a significant role to play in the follow-up (see box on following page). In their introduction to the first annual review the Expert Advisers pointed out that these organizations “are often the source of innovative ideas that could serve as an inspiration to others for future action” and that they “can provide invaluable insights into the actual situation in a country.” Moreover, international organizations of employers and workers “have a valuable contribution to make where national organizations are not able to express their opinions freely.” The employers in the ILO have fully supported the concept, the adoption and the implementation of the Declaration. They consider it as a complementary tool for the ILO to concentrate its efforts and resources on the effective worldwide application of central labour rules. The Declaration, in the employers’ view, can thus also help counteract protectionist tendencies and promote acceptance of globalization and trade liberalization as essential bases for economic and social development. Consequently, the employers also gave their support to the “Global Compact” initiative of UN Secretary- General which, in its labour part, takes up the four principles of the “Declaration” (see Chapter X).
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