DOCSLIB.ORG

Trade Union Rights Manual a Practical Guide for Teacher Organisations Defending Their Rights in South East Asia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Trade Union Rights Manual a Practical Guide for Teacher Organisations Defending Their Rights in South East Asia T RADE U NION R IGH T S N E T WORK Education International Internationale de l’Education Internacional de la Educación Education International Trade Union Rights Manual A practical guide for teacher organisations defending their rights in South East Asia Education International Internationale de l’Education Internacional de la Educación T RADE U NION R IGH T S N E T WORK Trade Union Rights Manual A practical guide for unions defending their rights in South East Asia Education International Trade Union Rights Manual A practical guide for teacher organisations defending their rights in South East Asia - 1 - Education International Internationale de l’Education Internacional de la Educación Trade Union Rights Manual A practical guide for unions defending their rights in South East Asia - 2 - Education International Internationale de l’Education Internacional de la Educación Table of contents Trade Union Rights Manual A practical guide for unions defending their rights in South East Asia Table of contents 3 5. TURN Project: Cambodia Report 34 Acknowledgements 4 6. TURN Project: Indonesia Report 45 Introduction 5 7. TURN Project: Malaysia Report 55 Purpose of this manual 5 The goals of Education International 6 The TURN Project 7 8. TURN Project: Philippines Report 66 Defending the trade union rights of teacher organizations 7 The effectiveness of international mechanisms 7 9. TURN Project: Thailand Report 78 Trade union rights 8 Practices and strategies 9 10. General guidelines for lodging complaints 88 1. International Labour Organization (ILO) 12 ILO structure 12 11. Addresses 89 The role of employer and worker organizations 12 International labour standards 13 12. Resources 90 ILO supervisory mechanisms 15 Making submissions to the ILO 19 2. CEART (Joint ILO/UNESCO Committee) 21 1966 Recommendation on the Status of Teachers 21 1997 Recommendation on the Status of Higher Education Teaching Personnel 23 Procedure concerning allegations and reports 24 3. UN High Commissioner for Human Rights 26 Structure of the OHCHR 26 Human Rights bodies 26 4. Asian Human Rights Bodies 31 ASEAN Charter 31 ASEAN Intergovernmental Human Rights Commission 31 South Asian Association for Regional Cooperation (SAARC) 33 - 3 - Education International Internationale de l’Education Internacional de la Educación Trade Union Rights Manual A practical guide for unions defending their rights in South East Asia Acknowledgements This Trade Union Rights Manual for South East Asia teacher organisations was funded primarily by the Friedrich Ebert Stiftung and in part by Education International. EI also wishes to thank Philip S. Robertson Jr. and William Conklin for the collaborative research and editing of the country chapters. Finally, EI would like to thank all the reviewers from member organisations who have given so generously of their time to improve the manuscripts. - 4 - Education International Internationale de l’Education Internacional de la Educación Introduction Trade Union Trade union rights are human rights and are considered as such and protected by human rights treaties. The Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, the Charter of the Association of Southeast Asian Rights Manual Nations, and other agreements cover freedom of assembly and of association, workers’ rights to collective bargaining and action, and A practical guide for workers' rights to information and consultation. unions defending their Through such international and regional instruments, states have committed themselves to ensuring that trade union rights can be rights in South East Asia exercised. And yet, teacher organizations and trade unions in general are facing increasingly sophisticated attempts by governments to restrict their operations through a wide variety of legal, administrative, and informal measures. Governments in the five countries selected for the Trade Union organizations devoted to protecting their rights as workers and Rights Network (Cambodia, Indonesia, Malaysia, Philippines union members and the role of EI as the leading international and Thailand) are not showing a clear dedication to implement advocate for teaching personnel. human and trade union rights. When international human rights instruments have been ratified, their principles and values are EI believes that greater awareness of the existence of the not reflected in national constitutions or laws. Another important international labour standards and supervisory mechanisms will challenge is the persecution of union members and human rights result in a better identification and reporting of human and trade activists. The targeting of labour activists in Asia particularly in union rights violations. Cambodia and the Philippines, and the number of assassination of International supervisory mechanisms are available to be used union members, is of increasing concern to the international trade when a country fails to live up to its commitments guaranteeing union community. workers’ rights. This manual describes how teacher organizations In 2008, EI launched, with 13 teacher organisations in Cambodia, can appeal to these mechanisms when states seek to hamper or Indonesia, Malaysia, Philippines and Thailand, the Trade Union prevent teacher unions from working on behalf of their members. Rights Network (TURN). With the support of the Friedrich Ebert It is a practical resource book on the rights of teacher organizations Stiftung and ILO ACTRAV, the TURN project aims to provide teacher to exist, operate, and represent their members. The focus is on representatives in those five countries a perspective on the trade organizational rights and actions, not on the options open to union rights issues both at national and regional level and a better individual activists or on the filing of grievances on behalf of understanding of ILO instruments and supervisory mechanisms. individual members. In certain cases human rights bodies allow The establishment of a network also provides opportunities for only individuals and not organizations to lodge complaints, and this sharing good practices and experience. manual shows how teacher organizations can be requested to assist their members in such an undertaking. The strength of unionism lies in the capacity of trade union organizations to translate the rights into a living reality for their & Purpose of this manual members. The country chapters describe the environment in which EI member organizations in Cambodia, Indonesia, Malaysia, the This manual provides basic information to member organizations Philippines and Thailand are operating. It gives details about the about their rights and on ways to convince states to implement structure of the teacher organisations. It also provides an overview trade union rights for teacher organizations and to spread best of the national regulations concerning freedom of association and practices. At the same time, the manual helps the reader understand the right to collective bargaining, with a particular focus on the both the impressive number and competence of international implementation of those rights for teacher organisations. - 5 - Education International Internationale de l’Education Internacional de la Educación & The goals of Education International » to further the cause of organizations of teachers and education employees; Trade Union Education International is the world’s largest global union » to build solidarity and mutual cooperation among member federation. It is the voice of 30 million teachers and education organizations; Rights Manual workers from pre-school to university. EI’s 401 member » to encourage through their organizations closer relationships A practical guide for organizations operate in 172 countries and territories. Its role can be among teachers and education employees in all countries and unions defending their expressed in terms of its principal aims: at all levels of education; rights in South East Asia Education and social goals » to promote and to assist in the development of independent and democratic organizations of teachers and education » to promote the right to education for all persons in the employees, particularly in those countries where political, world, without discrimination through the establishment social, economic, or other conditions impede the application and protection of open, publicly funded and controlled of their human and trade union rights, the advancement of educational systems, and academic and cultural institutions, their terms and working conditions, and the improvement of aimed at the democratic, social, cultural and economic educational services. development of society and the preparation of every citizen Union movement goals for active and responsible participation in society; » to promote the political, social and economic conditions that » to promote unity among all independent and democratic are required for the realization of the right to education in all trade unions both within the educational sector and nations; with other sectors; and thereby contribute to the further development of the international trade union movement; » to foster a concept of education directed towards international understanding and good will, the safeguarding » to seek and maintain recognition of the trade union rights of of peace and freedom, and respect for human dignity; workers in general and of teachers and education employees in particular. » to promote peace, democracy, social justice and equality through the
Load more

Recommended publications
  • Education in an Interconnected World: Ensuring Inclusive and Equitable Development
    Education in an interconnected world: Ensuring inclusive and equitable development Table of content Concept Note and Provisional Programme ............................................................................... 3 Global Review of Progress Towards SDG4-Education 2030 Targets and Commitments ........ 13 Regional Review of Progress Towards SDG4-Education 2030 Targets and Commitments ..... 16 Outcome Document - Nairobi Declaration and Call for Action on Education (April 2018) ........... 16 Bangkok Outcome statement (APMED 2030 - July 2018) .............................................................. 20 Cochabamba Agreements (July 2018) ............................................................................................ 27 Strasbourg Outcome Document – Europe and North America Education 2030 Consultation (October 2018) ............................................................................................................................... 29 Amman Outcome Document – Arab Region (November 2018) .................................................... 32 Forum Session I: 14:00 – 15:15 ............................................................................................... 36 The Teaching Profession: Strategies to improve the professional status of teachers ................... 36 Validating education achievements - key to opening doors to refugees and migrants ................ 38 Women’s and Girls’ Education: From Commitment to Action ...................................................... 40 Addressing Climate Change
    [Show full text]
  • MEETING of 30TH APRIL 2020 the Virtual Education Inte
    Education International Regional Office, Africa STATEMENT OF EIARC ON COVID-19 Internationale de l’Education ON THE OCCASION OF E -MEETING OF 30TH APRIL 2020 Bureau Régional Afrique 24 Bathur Street The virtual Education International Africa Regional Committee East Legon, Accra (EIARC) meeting, organized on 30 April 2020, examined the impact of P.O.Box LGDTD 10069 COVID-19 on education across the globe and specifically in Africa. The Legon, Committee took note of governments’ decision, the world over, to Accra – Ghana temporarily close schools in a spirited effort to compact the spread of COVID-19. According to UNESCO, as of 20 April 2020, over 91% of the Tel: + 233 302 501 200 Fax + 233 302 506 681 world’s student population – 1.5 billion children and youth – are affected [email protected] by school closures across 191 countries. Africa is no exception as over 330,535,859 learners across levels of education from ECD to Higher Education are affected and over 8,532,394 teachers are not able to Chairperson Christian Addai-Poku, Ghana provide distance teaching. Over 63 million teachers and large numbers Vice-Chairperson of education support personnel have also been affected by the pandemic. Mariama Chipkaou, Niger Chief Regional Coordinator Efforts to mitigate the impact of corona virus on schooling have been Assibi Napoe impromptu, diverse, and riddled with discrepancies. For many countries this has meant a sudden expectation to switch to the provision of online distance learning for all levels of education. More than any other time before remote learning through technology has found space in different Head Office societies to fill the learning gap.
    [Show full text]
  • Strengthening Rights Through Education Unions
    back HUMAN & TRADE UNION RIGHTS POLICY PAPER Strengthening rights through education unions Photo: Italy, Rome, November 2015, Reporters / BARCROFT Education International HUMAN & TRADE UNION RIGHTS POLICY PAPER The Human and Trade Union Rights Policy Paper describes how human and trade union rights strengthen the work of education unions and provide a mandate for them to act on behalf of their members. This Policy Paper reflects the values and objectives promoted by EI through its constitution, policies and programme activities. It complements the EI Education Policy Paper adopted by the 6th World Congress in 2011. Preamble • Education International (EI) is the voice of the education sector worldwide, representing teachers and education workers at all levels of education – from early childhood education to higher education and vocational training. As the world’s largest and most representative Global Union Federation (GUF) with over 30 million members in 171 countries, EI unites all teachers and other education employees and promotes their interests and defends their human and trade union rights. • EI is guided by the principles of human and trade union rights, and by its commitment to democracy, equity and social justice. It is independent of governments and inter- governmental organisations. It is self-governing and free from influence or control by any political party or ideological or religious grouping or by any commercial interest. EI promotes and protects the rights of all teachers and education workers and campaigns for quality education for all that is publicly regulated and funded. • EI is a strong advocate for trade union rights worldwide and assists in the development of strong, independent, democratic, sustainable, inclusive and representative organisations for teachers, academic staff, higher education researchers, school leaders, student teachers, para teachers, education support personnel and other education workers.
    [Show full text]
  • Annual Review 2018
    Educate to Empower United Nations Girls’ Education Initiative (UNGEI) Annual Review 2018 1 Annual Review 2018 | UNGEI Acknowledgements This Review was developed by Fiona McDowell with the support of the UNGEI Secretariat team, Nora Fyles, Sujata Bordoloi, Takudzwa Kanyangarara and Sarah Winfield. It was designed by Daniel Pomlett. For their many invaluable contributions, we would like to express our sincere thanks to members of the UNGEI Global Advisory Committee. Our particular thanks go to the Government of Norway for its ongoing partnership and generous support for this publication. Photo credits Cover © UNICEF / UN050595 / Tsvangirayi Mukwazhi Page 1 © UNICEF / Jean Luc Yameogo Page 3 © UNICEF / Prashanth Vishwanathan Page 9 © UNICEF / UNI89993 / Adam Ferguson Page 15, 16, 22, 24, 37, 39 © UNGEI / Sarah Winfield Page 19 © UNICEF/ UN0206982 / Herwig Page 21 © UNICEF / UN015837/ Amminadab Jean Page 23 © UNICEF / UN032730 / Dhiraj Singh Page 29 © Plan International / Patrick Kaplin Page 31 © CAMFED / Eliza Powell Page 35 © UNGEI / Daniel Pomlett Page 36 © UNICEF / UN107040 / Marco Dormino © United Nations Girls’ Education Initiative (UNGEI) July 2019 Suggested citation: United Nations Girls’ Education Initiative, Educate To Empower: UNGEI Annual Review 2018, New York, July 2019 Message from the UNGEI Chair Around the world, upwards of 130 million girls are not attending UNGEI’s Steering Committee plays an important leadership role, school. Girls are one and a half times more likely to be excluded from helping connect the members of the Global Advisory Committee to school than boys, and girls with disabilities, girls from the poorest the Secretariat and ensuring accountability as we work collectively families, girls living in rural areas, and girls living in situations of to achieve UNGEI’s strategic objectives.
    [Show full text]
  • Organising Teaching
    Education International Research Covid-19 and Education: How Education Unions are Responding Survey Report April 2020 Survey Report Table of Contents Table of Contents 2 Executive Summary 1 Introduction 3 I. Government Measures to Minimise the Impact of School Closures 6 II. The Impact on Employment Conditions 12 III. Education Union Responses 18 IV. How EI Can Support its Member Organisations 21 Conclusion 24 Annex I: Survey Questions 27 Annex II: Survey Respondents 30 This work is licensed under a Creative Published by Education International - April 2O2O Commons Attribution-NonCommercial- ShareAlike 4.0 International License. (CC BY-NC-SA 4.0) 2 Covid-19 and Education: How Education Unions are Responding Executive Summary While the full impact of the health emergency caused by the novel coronavirus (Covid-19) will take many years to determine, the immediate impact on students and educators is significant and requires a collective and well-informed response. In March of this year, as many governments around the world took rapid action to address the impact of the unfolding health crisis on the education sector, Education International01 (EI) surveyed its member organisations across five regions to learn about the different strategies and approaches of their governments, and the actions their own organisations to support their members and all education workers. While there are multiple, varied, and substantive challenges from one country to the next, certain trends and issues are common. The Covid-19 health crisis has given rise to several
    [Show full text]
  • Global Unions Statement
    UNCSW64 Global Unions Statement Submitted by: The International Trade Union Confederation (ITUC), Education International (EI), Public Services International (PSI), UNI Global Union, International Transport Workers’ Federation (ITF), International Federation of Journalist (IFJ), International Domestic Workers Federation (IDWF) Global Unions call for concerted action to fulfil the promise of the Beijing Declaration and Platform for Action 2020 provides an extraordinary, generational opportunity to reinvigorate the unfulfilled promise of the Beijing Declaration and Platform for Action (BPfA). Agreed a quarter of a century ago, the BPfA remains the enduring blue-print for achieving gender equality. The political declaration that will be adopted by governments at the 64th session of the Commission on the Status of Women must be ambitious and forward looking. It must acknowledge current global threats, whether to peace and democracy, to the environment, to human rights, to workers’ rights or to women’s rights. It must offer up a progressive and feminist vision to counter these threats and resume the advance towards gender equality and social justice, rooted in the implementation of the Platform for Action and the 2030 Agenda for Sustainable Development. Conscious of our changing world of work and the centrality of decent work to women’s economic independence and autonomy, trade unions are committed to a transformational agenda advancing women’s leadership and defending the rights of women workers. We propose that the aspirations of the BPfA can be made real by action on four key axes: • Guarantee the fundamental human rights of freedom of association and collective bargaining of all women workers; • Invest in care for gender equality and development, to redistribute the burden of unpaid care work, to ensure access to quality public services and to create millions of quality green jobs; • Eliminate gender-based violence and harassment in the world of work; • Promote women in leadership through a feminist approach to leadership.
    [Show full text]
  • Organising Teaching: Developing the Power of the Profession
    Education International Research Covid-19 and Education: How Education Unions are Responding Survey Report April 2020 Survey Report Table of Contents Table of Contents 2 Executive Summary 1 Introduction 3 I. Government Measures to Minimise the Impact of School Closures 6 II. The Impact on Employment Conditions 12 III. Education Union Responses 18 IV. How EI Can Support its Member Organisations 21 Conclusion 24 Annex I: Survey Questions 27 Annex II: Survey Respondents 30 This work is licensed under a Creative Published by Education International - April 2O2O Commons Attribution-NonCommercial- ShareAlike 4.0 International License. (CC BY-NC-SA 4.0) 2 Covid-19 and Education: How Education Unions are Responding Executive Summary While the full impact of the health emergency caused by the novel coronavirus (Covid-19) will take many years to determine, the immediate impact on students and educators is significant and requires a collective and well-informed response. In March of this year, as many governments around the world took rapid action to address the impact of the unfolding health crisis on the education sector, Education International01 (EI) surveyed its member organisations across five regions to learn about the different strategies and approaches of their governments, and the actions their own organisations to support their members and all education workers. While there are multiple, varied, and substantive challenges from one country to the next, certain trends and issues are common. The Covid-19 health crisis has given rise to several
    [Show full text]
  • Succeeding Globally Through International Education and Engagement
    Succeeding Globally Through U.S. Department of Education International Education International Strategy and Engagement 2012–16 Succeeding Globally Through International Education and Engagement U.S. Department of Education International Strategy 2012–16 November 2012 1 Introduction The U.S. Department of Education has established its first-ever, fully articulated international strategy. The strategy is designed to simultaneously advance two strategic goals: strengthening U.S. education and advancing our nation’s international priorities. The strategy reflects the value and necessity of: “Ultimately, the economic future of • a world-class education for all students; the United States • global competencies for all students; rests not only on its ability to strengthen • international benchmarking and applying lessons learned from other our education system countries; and but also on citizens in other nations raising • education diplomacy and engagement with other countries. their living standards. Thinking of the The international strategy for 2012–16 affirms the Department’s future as a contest commitment to preparing today’s youth, and our country more broadly, for among nations vying a globalized world, and to engaging with the international community to for larger pieces of improve education. It reflects ongoing work in implementing international a finite economic education programs, participating in international benchmarking activities, pie is a recipe for and working closely with other countries and multilateral organizations protectionism
    [Show full text]
  • (1999) Report of the EI International Conference on Higher Education
    Education International Report of the Second International Conference on Higher Education and Research Budapest, 23 to 25 September 1999 Education International Bd du Roi Albert II, 5 1210 Brussels - Belgium Tel: 32 2 224 06 11 Fax: 32 2 224 06 06 Email: [email protected] Internet: http://www.ei-ie.org EI International Conference on Higher Education and Research 2 EI has a membership of 296 national unions representing some 24 million teachers and workers in education, from pre-school to university. Reproduction is permitted without authorization. Please cite the source and send us a copy. Conférence internationale sur l'enseignement supérieur et la recherche Conferencia Internacional sobre la Enseñanza Superior y la Investigación Education International 1999 EI International Conference on Higher Education and Research 3 Table of Contents Introduction...................................................................................................................................................5 Opening addresses.......................................................................................................................................6 Higher education 2000................................................................................................................6 Partnership 2000 ........................................................................................................................6 Impact of economic transition on higher education ....................................................................8
    [Show full text]
  • An Analysis of UNESCO's Standard-Setting Instruments
    EDUCATION POLICIES AND STRATEGIES 2 The Right to Education: An Analysis of UNESCO’s Standard-setting Instruments Yves Daudet, Kishore Singh Education Policies and Strategies 2 The Right to Education: An Analysis of UNESCO’s Standard-setting Instruments Yves Daudet, Kishore Singh UNESCO Authors: Yves Daudet, Professor of International Law, Université de Paris I – Panthéon- Sorbonne and Vice-President of the University Kishore Singh, Programme Specialist, Education Sector, UNESCO, Paris The authors are responsible for the choice and presentation of the facts contained in this work and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Any part of this publication may be freely reproduced with the appropriate acknowledgement. Published in 2001 by the United Nations Educational, Scientific and Cultural Organization 7 place de Fontenoy, 75352 Paris 07 SP © UNESCO 2001 Original in French Printed in France Preface The plight of millions of children and adults with no access to basic education in today’s “knowledge society” calls for sweeping measures to guarantee education for all. The World Education Forum held in Dakar in April 2000 gave new impetus to an international movement for achievement of the right to education for all. This was occasion for a renewed commitment, under UNESCO’s auspices, to this noble goal.
    [Show full text]
  • Education International Report to the Expert Committee on the Application of The
    EDUCATION INTERNATIONAL -September 2009 Education International Report to The Expert Committee on the Application of the 1966 ILO/UNESCO RECOMMENDATION ON THE STATUS OF TEACHERS and 1997 UNESCO RECOMMENDATION ON THE STATUS OF HIGHER EDUCATION TEACHING PERSONNEL Education International Internationale de l’Education Internacional de la Educación Bildungsinternationale REPORT TO THE EXPERT COMMITTEE ON THE APPLICATION OF THE 1966 ILO/UNESCO RECOMMENDATION ON THE STATUS OF TEACHERS AND 1997 UNESCO RECOMMENDATION CONCERNING THE STATUS OF HIGHER EDUCATION TEACHING PERSONNEL September 2009 FOREWORD Education International (EI) has been invited to present its report to the triennial meeting of the Expert Committee on the Application of the 1966 ILO/UNESCO Recommendation on the Status of Teachers and the 1997 UNESCO Recommendation on the Status of Higher- Education Teaching Personnel (CEART) in 2009. EI’s Report to CEART aims to assess the implementation of the mentioned recommendations from the perspective of education personnel represented by teachers’ unions worldwide. This report addresses key issues pertaining to the teachers and higher-education teaching personnel namely: teacher shortage, teachers’ qualifications, working conditions and salaries, consultations with teacher organisations, preparation for the teaching profession and continuing professional development, academic freedom, collegial governance, security of employment and tenure for teachers, safe school environments and HIV/AIDS. This report finds that, albeit the Recommendations being of a long-standing nature, key provisions made therein, in relation to all the major issues addressed in this report, fail to be duly implemented by states and educational institutions worldwide. Three major worrying findings are highlighted in this report, which require immediate action by countries worldwide.
    [Show full text]
  • The International Trade Union Movement
    Chapter 4 The International Trade Union Movement John P. Windmuller, Stephen K. Pursey & Jim Baker* I. HISTORICAL OVERVIEW A. TO 1914 1. The international trade union movement is built on the foundations of millions of local unions. Trade unions form, develop and pursue their primary tasks of defending and improving the conditions of life and work of their members mainly within national systems of industrial relations. Yet, for well over a century, trade unions have also had international interests and commitments, many of * John P. Windmuller (†) has been Martin P. Chaterwood Professor in the New York State School of Industrial and Labour Relations at Cornell University since 1951, specializing in international and comparative labour relations. Stephen K. Pursey was Head of the Economic and Social Policy Department of the ICFTU, and is currently Director of the Multilateral Cooperation Department at the ILO (E-mail: [email protected]). Jim Baker is Coordinator of the Council of Global Unions, composed of Global Union Federations, the International Trade Union Confederation, and the Trade Union Advisory Committee to the OECD (E-mail: [email protected]). R. Blanpain, Comparative Labour Law and Industrial Relations in Industrialized Market Economies, pp. 75–100 ©2014 Kluwer Law International BV, The Netherlands. 75 76 John P. Windmuller, Stephen K. Pursey & Jim Baker which they have expressed through international trade union organizations. The purpose of this chapter is to briefly recall this history so that the emerging new features of international unionism can be seen in perspective.1 2. Two different types of international trade union organizations established themselves securely in the last decades of the nineteenth century and the first decade of the twentieth century.
    [Show full text]