FoA and ILO FoA and ILO supervisory proceduressupervisory procedures

Jun CoueJun CoueSpecialist – Int’l labour standards Specialist – Int’l labour standards

and labour lawand labour lawDWT - BangkokDWT - Bangkok

(C. in force) 29 87 98 100 111 105 138 182

Brunei (1) 2008

Cambodia (13) 1969 1999 1999 1999 1999 1999 1999 2006

Indonesia (18) 1950 1998 1957 1958 1999 1999 1999 2000

Lao PDR (8) 1964 2008 2008 2005 2005

Malaysia (14) 1957 1961 1997 x 1997 2000

Myanmar (19) 1955 1955

Philippines (34) 2005 1953 1953 1960 1953 1960 1998 2000

Singapore (20) 1965 1965 2002 x 2005 2001

Thailand (15) 1969 1999 1969 2004 2001

Viet Nam (18) 2007 1997 1997 2003 2000

Ratification in Asia PacificRatification in Asia Pacific Ratification average at about 66 % of world Ratification average at about 66 % of world

average, 40 % of OECD averageaverage, 40 % of OECD average 60 – 40 – 24 – 1560 – 40 – 24 – 15

East Asia ratifications significantly lower than in the East Asia ratifications significantly lower than in the rest of Asiarest of Asia

Conventions 87 and 98Conventions 87 and 98: 16 and 19 ratifications : 16 and 19 ratifications respectively, out of 33 countries respectively, out of 33 countries

92 ratifications short of universal coverage, out of 92 ratifications short of universal coverage, out of 138 globally. AP region accounts for 66% of missing 138 globally. AP region accounts for 66% of missing ratifications of fundamental ILSratifications of fundamental ILS

4

CEACR – latest commentsCEACR – latest comments

BANGLADESHBANGLADESH Arrests of and acts of violence against TU Arrests of and acts of violence against TU

leaders, esp. in garment sectorleaders, esp. in garment sector Refusal to register , among others Bangladesh Refusal to register , among others Bangladesh

Garments and Industrial Sramik Federation Garments and Industrial Sramik Federation (BGISF)(BGISF)

Host of FoA restrictions in EPZ Workers and IR Host of FoA restrictions in EPZ Workers and IR Act (2004), primarily regarding restrictions on Act (2004), primarily regarding restrictions on right to organise and establish unions, arrest of right to organise and establish unions, arrest of BIGWUFBIGWUF

Similar restrictions in Bangladesh Labour ActSimilar restrictions in Bangladesh Labour Act

CEACR – latest comments 2CEACR – latest comments 2

CAMBODIACAMBODIA Lack of progress with respect to justice being Lack of progress with respect to justice being

done concerning the murders of TU leaders done concerning the murders of TU leaders Chea Vichea, Ros Sovannareth and Hy VuthyChea Vichea, Ros Sovannareth and Hy Vuthy

Lack of progress with respect measures to Lack of progress with respect measures to ensure independence of judiciary so as to ensure independence of judiciary so as to ensure FoA rightsensure FoA rights

Development of new TU law so as to bring Development of new TU law so as to bring legislation into conformity with C. 87 legislation into conformity with C. 87 requirementsrequirements

CEACR – latest comments 3CEACR – latest comments 3

INDONESIAINDONESIA Acts of violence by police in re strike actionsActs of violence by police in re strike actions Right to organise of public servantsRight to organise of public servants Serious restrictions on right to strike in Serious restrictions on right to strike in

legislation (penal sanctions for strike action, legislation (penal sanctions for strike action, prohibition on strikes in railway service, prohibition on strikes in railway service,

Convention No. 98Convention No. 98

ALL 3 COUNTRIESALL 3 COUNTRIES Severely inadequate protection against acts of Severely inadequate protection against acts of

anti-union discrimination (even though anti-union discrimination (even though Bangladesh law has provisions EPZ labour Bangladesh law has provisions EPZ labour tribunal yet to be established)tribunal yet to be established)

Extremely low levels of collective bargainingExtremely low levels of collective bargaining Absence of statistical information on instances Absence of statistical information on instances

of discrimination and bargaining as baseline for of discrimination and bargaining as baseline for active policy measuresactive policy measures

Overview of CFA cases in APOverview of CFA cases in AP 21 active, 36 follow-up cases21 active, 36 follow-up cases Latest report of CFA (June 2011): 3 casesLatest report of CFA (June 2011): 3 cases

BangladeshBangladesh (Cha-Sramik Union) – Interference in (Cha-Sramik Union) – Interference in elections of Executive Committee, violent elections of Executive Committee, violent suppression of protests against interferencesuppression of protests against interference

MalaysiaMalaysia (BATEU) – Reclassification by mgmt of (BATEU) – Reclassification by mgmt of posts to exclude employees from U membership posts to exclude employees from U membership and render U unable to functionand render U unable to function

Philippines Philippines (KMU) – Violence, discrimination in (KMU) – Violence, discrimination in EPZsEPZs

Overview of CFA cases in APOverview of CFA cases in AP AP cases constitute <25% of CFA caseloadAP cases constitute <25% of CFA caseload Slight uptick in recent years (Malaysia, Slight uptick in recent years (Malaysia,

Cambodia, Indonesia)Cambodia, Indonesia) No. of cases concern No. of cases concern violence and impunityviolence and impunity Majority of cases concern discriminatory Majority of cases concern discriminatory

dismissal of trade unionistsdismissal of trade unionists Implying lack or inadequacy of protective Implying lack or inadequacy of protective

machinery against discrimination (or machinery against discrimination (or contradictory laws) as required by C. 98 (CFA = contradictory laws) as required by C. 98 (CFA = ‘supranational’ court or tribunal)‘supranational’ court or tribunal)

Importance of ratification Importance of ratification

CFA cases underscore need to ratify and CFA cases underscore need to ratify and implement C. 87 and 98 to guarantee FoA implement C. 87 and 98 to guarantee FoA

In spite of its mandate’s importance, In spite of its mandate’s importance, availability of CFA is availability of CFA is NOTNOT a proxy for a proxy for ratification of FoA Conventionsratification of FoA Conventions

Committee on Freedom of Committee on Freedom of Association of GBAssociation of GB

FOA complaints mechanism set up in 1951FOA complaints mechanism set up in 1951 originally to examine complaints for referral to originally to examine complaints for referral to

Fact-Finding & Conciliation CommitteeFact-Finding & Conciliation Committee authority derives from ILO Constitutionauthority derives from ILO Constitution

composition : tripartite - 9 Governing Body composition : tripartite - 9 Governing Body membersmembers

meeting : 3 reports a year (GB)meeting : 3 reports a year (GB) Examines complaints and issues Examines complaints and issues

recommendationsrecommendations

CFA (cont.)CFA (cont.) NO RATIFICATION REQUIREDNO RATIFICATION REQUIRED no exhaustion of national procedures requiredno exhaustion of national procedures required not bound by national recognition of “unions”not bound by national recognition of “unions” specific infringements, no purely political specific infringements, no purely political

allegationsallegations no general conclusions no general conclusions – scope of – scope of

recommendations limited to facts allegedrecommendations limited to facts alleged

Compare with…Compare with…

Invokes system of regular supervisionInvokes system of regular supervision PERIODICPERIODIC evaluation of country’s performance by evaluation of country’s performance by

the CEACR and the Conference Committeethe CEACR and the Conference Committee On On ALL ALL aspects of freedom of association, not aspects of freedom of association, not

limited to contents of Govt reports and W limited to contents of Govt reports and W commentscomments

Ratification locks in int’l commitmentsRatification locks in int’l commitments

Regular supervision (cont)Regular supervision (cont) Ratification also implies consent to have performance Ratification also implies consent to have performance

supervised on basis of supervised on basis of democratic participation democratic participation of SPsof SPs CONFERENCE COMMITTEE ON APPLICATION OF CONFERENCE COMMITTEE ON APPLICATION OF

STANDARDS STANDARDS Tripartite, reviews CEACR report and selects 25 cases each Tripartite, reviews CEACR report and selects 25 cases each

JuneJune calls for HLM to Cambodia (2007) and Philippines (2008) led calls for HLM to Cambodia (2007) and Philippines (2008) led

to TC agreements to improve FoA situationto TC agreements to improve FoA situation Cambodia – ILO support to tripartite labour law reformCambodia – ILO support to tripartite labour law reform Philippines – TC project to comprehensively improve FoA Philippines – TC project to comprehensively improve FoA

rightsrights Ratification and supervisory work = platform for engagementRatification and supervisory work = platform for engagement

Other arguments for ratificationOther arguments for ratification C 87/98 guarantees essential for ensuring fairer C 87/98 guarantees essential for ensuring fairer

distribution of wealth workers help generatedistribution of wealth workers help generate Middle-income countries, fair distribution also Middle-income countries, fair distribution also

crucial to avoiding MIT crucial to avoiding MIT AP region characterised strongly by strong growth AP region characterised strongly by strong growth

and flat wages (ADB)and flat wages (ADB) Beyond questions of basic human rights, lack of Beyond questions of basic human rights, lack of

FoA is hindering efforts to improve LMG FoA is hindering efforts to improve LMG through i.e. labour law reformthrough i.e. labour law reform

Other arguments (cont.)Other arguments (cont.) Increasingly, ratification of ILS is used to Increasingly, ratification of ILS is used to

substantiate the expectations of bilateral substantiate the expectations of bilateral trading partnerstrading partners

US FTAs, EU GSP system – ratification of core US FTAs, EU GSP system – ratification of core ILS one conditionality of conferring trading ILS one conditionality of conferring trading statusstatus