A Trade Union Guide to Globalisation

Globalisation UK/144 22/03/02 10:37 Page 1

INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)

DECEMBER 2001

A TRADE UNION GUIDE TO GLOBALISATION

International Confederation of Free Trade Unions (ICFTU) 5, Bd. Albert II B - 1210 Brussels Belgium Tel. (32 2) 224.02.11 Telefax (32 2) 201.58.15 E-mail [email protected] Globalisation UK/144 22/03/02 10:37 Page 2 CONTENTS

FOREWORD ...... 6

INTRODUCTION ...... 8

PART I GLOBALISATION AND SOLIDARITY

1. THE MEANING OF GLOBALISATION ...... 9 The components of globalisation ...... 10 • Foreign Direct Investment ...... 10 • Financial markets ...... 11 Box: The Global Economic and Financial Crisis ...... 12 • Deregulation and liberalisation ...... 12 Box: Social Europe ...... 13 • Globalisation and the Public Sector ...... 14 Box: Trade and Investment Agreements and the Public Sector ...... 15 • Technology ...... 16 The meaning of globalisation for workers ...... 17

This guide is also available on 2. THE INTERNATIONAL TRADE UNION STRUCTURE ...... 19 the ICFTU web-site. Over one hundred years of international trade unionism ...... 19 Box: The ITF and How it Started ...... 19 International trade union organisations ...... 20 This is the address: • Organisations for national centres ...... 20 Box: Trade Union Relations - National and International ...... 22 http://www.icftu.org/pubs/globalisation • Organisations for national trade unions ...... 22 Box: Which is my ITS? ...... 23

3. SECURING RIGHTS AND SETTING STANDARDS ...... 24 The universality and indivisibility of trade union rights ...... 24 Box: ILO Conventions No. 87 and 98 ...... 24 The term 'International Trade Secretariats' International Labour standards and the ILO ...... 25 Box: The Principles of the Declaration of Philadelphia ...... 25 (ITSs), which is used throughout this guide, has • A tripartite organisation ...... 26 always been a difﬁcult term to understand. Box: ACTRAV ...... 27

At their General Conference in Prague (January 4. AN INTERNATIONAL FRAMEWORK FOR SOCIAL JUSTICE...... 29 2002), a few days before this brochure was Box: The ILO Declaration on Fundamental Principles and Rights at Work ...... 29 International ﬁnancial institutions ...... 29 printed, the ITS have decided to call themselves Box: The IFBWW Campaign for the Incorporation of Workers’ Rights 'global union federations'. in World Bank Procurement Documents ...... 30 Workers’ rights in trade and investment agreements ...... 31 It was, however, too late to change the term ITS Box: WTO Debacle could mark beginning of Globalisation with a Human Face ...... 32 to 'global union federation' throughout the Box: The General System of Preferences ...... 33 The national response ...... 34 text. 5. MULTINATIONAL ENTERPRISES...... 35 Box: Multinationals, some Facts and Figures ...... 35

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MNE’s and trade unions ...... 35 Box: The ICEM and cybercampaings ...... 70 CONTENTS MNE’s and governments ...... 36 • Organising campaigns ...... 71 Box: PSI and water ...... 37 Box: ITGLWF, Organising EPZ’s in the Dominican Republic ...... 72 International instruments and codes of conduct ...... 37 • General campaigns ...... 73 Box: The revised OECD Guidelines for multinational enterprises ...... 38 Box: The International Trade Union Campaign Against Child Labour ...... 73 Box: Global Compact ...... 39 When to campaign ...... 75 International industrial relations ...... 40 How to campaign ...... 76 • Company councils ...... 40 Box: UNI Multinational Union Alliances ...... 41 Box: European Works Councils ...... 42 APPENDICES • Framework agreements ...... 43 1. THE INTERNATIONAL TRADE SECRETARIATS Box: The Danone - IUF Agreement ...... 44 (PRACTICAL INFORMATION)...... 81

2. OTHER INTERNATIONAL TRADE UNION ORGANISATIONS (PRACTICAL INFORMATION)...... 99 PART II 3. THE ILO DECLARATION ON FUNDAMENTAL THE INTERNATIONAL DIMENSION PRINCIPLES AND RIGHTS AT WORK AND THE FUNDAMENTAL OF TRADE UNION WORK ILO CONVENTIONS ...... 102

6. SOLIDARITY, NOT CHARITY...... 45 4. AN INTRODUCTION TO THE ILO TRIPARTITE DECLARATION OF Recognising the international dimension ...... 45 PRINCIPLES CONCERNING MULTINATIONAL ENTERPRISES AND SOCIAL POLICY AND AN INTRODUCTION TO THE OECD GUIDELINES FOR Box: Is there an International Connection? ...... 45 MULTINATIONAL ENTERPRISES...... 127 The ﬁrst step is to join ...... 47 Box: MUA Dispute Summary - ITF Campaign against Union Busting 5. THE ICFTU/ITS BASIC CODE OF LABOUR PRACTICE ...... 129 in the Australian Port Industrie ...... 47 6. THE NEW CODES OF CONDUCT Who joins what ...... 50 (PAPER BY DWIGHT JUSTICE AND NEIL KEARNEY) ...... 133 Box: The IMF, the Global Union for Metalworkers ...... 51 7. LIST OF ABBREVIATIONS ...... 144 7. PRACTICAL INTERNATIONAL SOLIDARITY ...... 53 The range of international solidarity ...... 53 Requesting and showing international solidarity ...... 53 • Appreciating differences ...... 54 • Respecting structures ...... 54 Box: Requesting Solidarity: A Checklist ...... 56 Box: Showing Solidarity: A Checklist ...... 57 Box: Solidarity messages work ...... 58

8. COMPANY INFORMATION AND RESEARCH...... 59 Finding information ...... 59 Box: Facts about the Enterprise ...... 60 Box: Researching Companies on the Web ...... 61 Research and the international dimension ...... 63 Box: Investors - Pension Funds ...... 64 Box: An Example: PSI, Information and Research ...... 64

9. THE INTERNATIONAL TRADE UNION CAMPAIGN ...... 66 Why campaign ...... 66 • Trade union rights campaigns ...... 66 Box: Reporting Format on Violations of Trade Unions Rights ...... 68 • Company campaigns ...... 69

4 5 FOREWORD 7 Guy Ryder ICFTU General Secretary members, local unions, national unions, national centres and international trade members, local unions, national a decisive role. This trade union “users’ guide” to union organisations - can play global larger and ongoing effort to build stronger, globalisation is one part of a contribute to the protection of human dignity and trade unionism which can better to social and economic progress and justice. freedom for workers and in particular lobalisation is a reality. It can be a harsh reality. The world has become It can be a harsh reality. lobalisation is a reality. G

even more aware following massive terrorist attacks that there is an important role even more aware following massive has and that lives are at stake. Terrorism for global governance and regulation makes more important and vital the issues and the changed this debate, but it only strategies discussed in this document. unions are as citizens and as trade unionists. Trade Globalisation affects our lives with a human face, to put in place some rules at trying to construct globalisation trade do this requires protect workers’ rights. To the international level that will participate in the international debate, to engage unionists to actively and effectively dialogue over workers’ corporations and governments and international bodies in a rights, social issues, and the responsibilities of globalisation. and local trade This guide is intended to help leaders and members of national as a tool for inte- unions discuss issues related to globalisation. It is also designed It is clear that the glob- grating the international dimension into trade union work. and their communities. al economy is having an impact on workers, their families, and their unions across And that makes the need to connect and inﬂuence workers to understand globali- country borders even more compelling. As we all seek ways trade union solidarity, sation and build stronger and more effective international trade union movement effective participation by trade unionists in the international is essential. national boundaries as well as share the same trade union principles across We workers to join or form inde- They include the right of all locally and regionally. a universal application pendent trade unions and the belief in and commitment to also need to be better able to engage employers of minimum labour standards. We this common mission, there carry out these objectives, at the international level. To trade union soli- are democratic trade union organisations to make international darity real, practical and effective. had as its central theme the Congress held in 1996, which At the ICFTU World Congress in 2000, speak- “challenge of globalisation”, as well as at the last World er after speaker talked about the problems of working men and women in a continuously changing world. These were issues like insecurity of employment, worries intensity of work, authoritarian management, union busting, increased about pay, discrimination, children at work instead of at school, dangerous and unhealthy working conditions and the difﬁculty of effectively communicating our message. All of these are familiar trade union issues, but were approached from another angle, that of globalisation and the growing impact of world business on workers’ lives, whether they are working for multinational or other enterprises or in the public sector. It is clear that international trade union solidarity - co-operation between union FOREWORD

FOREWORD 6 Globalisation UK/144 22/03/02 10:37 Page 6 Page 10:37 22/03/02 UK/144 Globalisation Globalisation UK/144 22/03/02 10:37 Page 8 GLOBALISATION AND SOLIDARITY

PART 1

INTRODUCTION GLOBALISATION AND SOLIDARITY INTRODUCTION

1. THE MEANING OF GLOBALISATION The purpose of this guide is to explore some of the practical implications of the growing integration of the world economy for workers and their trade Globalisation is a degree of interdependence which goes far beyond simple expansion of international trade, the main indication of the internationalisation of the economy in unions. The Guide is intended for use in trade union education and as a reference the past. It includes integration of production across national boundaries with signiﬁ- book for trade unionists involved in international work. cant increases in international investment by multinational enterprises. The production This Guide is divided into two parts. Part I considers the implications of globalisa- of automobiles, for example, which for nearly a century was concentrated geographi- tion for trade unions and describes the international trade union movement. It cally and at national level, is now done at a global level, with cars often being assem- examines the main objectives of the international trade union movement; defend- bled from component parts which are produced by large numbers of supplier compa- ing and promoting trade union rights and labour standards as well as building an nies in dozens of countries. General Motors, for example, has a global presence in more international framework for economic and social justice. It concludes by consider- than 200 countries, manufacturing operations in 50 countries and it has 30.000 sup- ing the challenges of multinational enterprises to the traditional role of trade unions plier companies world-wide. and how trade unions are co-operating internationally to engage common employers. Globalisation is not just a change in production and supply relationships. It is Part II is devoted to the practical implications of meeting the challenges of globali- affecting the service sector, delivery and sale of both private and public services, sation for all trade union organisations - whether they are local or national unions although still adapted to local markets and conditions, are increasingly coming or national centres. It stresses joining and participating in the appropriate interna- from multinational enterprises. One aspect of globalisation is the extensive and tional trade union organisations, with special emphasis on the role of International complex network of suppliers which often exists. Trade Secretariats (ITS). It considers the experience of trade unions in giving and receiving international solidarity and the importance of gathering and sharing Globalisation also means unprecedented rapid and massive movement of capital. information about multinational enterprises (MNE’s). MNE is the term used in this This interdependence and integration is facilitated and accelerated by new tech- guide, another widely used term is transnational companies (TNCs). An MNE is a nology, particularly information technology (IT). company that owns or controls production or service facilities in at least two countries. Although globalisation is linked to a number of technological and other changes which have helped to link the world more closely, there are also ideological elements which have strongly inﬂuenced its development. A “free market” dogma has emerged which exaggerates both the wisdom and role of markets, and of the actors in those markets, in the organisation of human society. Fashioning a strategy for responsible globalisation requires an analysis which separates that which is dogma from that which is inevitable. Otherwise, globalisation is an all too convenient excuse and explanation for anti-social policies and actions which undermine progress and break down community.

Globalisation as we know it has profound social and political implications. It can This guide has been prepared by Global Unions. It is the fruit of cooperation between the ICFTU, the ITS and TUAC. bring the threat of exclusion for a large portion of the world’s population, severe problems of unemployment, and growing wage and income disparities. It makes it We would like to express our special appreciation to ACTRAV, the ILO's Bureau for more and more difﬁcult to deal with economic policy or corporate behaviour on Workers' Activities. ACTRAV's support has made it possible to publish this guide. This a purely national basis. It also has brought a certain loss of control by democrat- is but one example of the extensive assistance provided to trade unions all over the world by ACTRAV. For more information on the work of ACTRAV, please check the ic institutions of development and economic policy. overview on their services found in a box at the end of chapter three, the chapter on the ILO. More extensive information is available on their web-site at The gap between the rich and the poor is widening all over the world. In 1960, the http://www.ilo.org/public/english/dialogue/actrav/ income gap between the 20% richest and the 20% poorest countries in the world

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was 30 to 1. This rose to 60 to 1 in 1990 and to around 75 to 1 at the end of the erful and visible aspect of globalisation today than world trade. In addition, an last century. The World Bank says that income levels in Sub-Saharan Africa have important share of world trade takes place within those enterprises. It is estimat- fallen by 0.7% a year over the last twenty years while average incomes in indus- ed by UNCTAD that the share of intra-ﬁrm trade in total is approximately one trialised countries grew by 2.0% a year. Over the last ten years, the highly paid third of the total. A result of this is that the growth of international production is within the industrialised countries have seen their incomes rise much faster than not only linking markets but is increasingly linking the production systems of indi- the average, while a growing number of families depend on insecure, low-paid jobs vidual countries as well, which is different from what happened in international GLOBALISATION AND SOLIDARITY AND GLOBALISATION or social beneﬁts. integration in the past.

The challenge of globalisation is not to try to make it go away or to pretend it does Financial Markets not exist. It is to find ways to manage change and regulate and structure globalisa- The Bretton Woods exchange rate system, which was created after World War II to tion so that it is subject to the popular will, supports fundamental rights, and brings provide a degree of international exchange rate stability and which resulted in the cre- prosperity to as many people as possible. The global task of trade unions is to affect ation of international financial institutions such as the International Monetary Fund policy at the international level, convince governments and enterprises to assume (IMF) and the World Bank, collapsed in the 1970’s and flexible exchange rates were the responsibilities of globalisation, and engage in practical, effective solidarity. introduced. Many capital controls at the national level were removed. This was followed in the 1980’s by significant deregulation of the financial sector. The result has The Components of globalisation been enormous movement of capital around the world. Daily financial transactions Globalisation is the result of several developments and processes which are gener- amount to well over US$ 1.5 trillion (US$ 1,500 billion). Cross border lending has ally linked together. These include: exploded and new financial institutions are developing and restructuring constantly. • The growth and relative importance of foreign direct investment, which provides Financial markets and the key players in those markets have developed a role which a greater role for multinational enterprises; has severely limited the powers of national governments. The deterioration of nation- • The internationalisation of financial markets; al sovereignty has not been replaced by effective international rules governing those • The development and diffusion of communication and transport technology; markets, as has been shown by the speculative contagion behind the economic and • Deregulation and liberalisation; financial crisis, which began in 1997 in Asia and spread around the globe. Another • Privatisation of the public sector. thing which has clearly been shown by this crisis is that the local workers are the main Foreign Direct Investment victims. They have to live with the devastating consequences of a globalisation that has gone wrong (see box). International economic interdependence over the past 30 years has been driven in large part by a dramatic growth of Foreign Direct Investment (FDI - the creation There is a growing certainty within the international trade union movement and, of productive assets by foreigners or the purchase of assets by foreigners). Until indeed, the global community at large, that something needs to be done to prevent the 1970’s, international activity was mostly in the form of exchange of goods and further negative results from an escalation of these processes. Over the years, the services between nation-states - trade being the driving force of the international ICFTU has made many proposals for measures to be taken to prevent this, mainly by economy. Since that time, there has been a growing importance of the movement seeking to introduce effective new international regulations of those processes. of capital in the global economy. A central role in this changing system is played by multinational enterprises, institutions which engage in Foreign Direct One aim is to dampen speculation by making it more costly to the financial traders and Investment. A company is not a multinational company just because it sells to reduce the risk of large-scale financial collapse. One suggested measure is the Tobin exports overseas, it has to have actually moved part of its operations to another tax, the taxation of short-term financial transactions, as a way of helping to correct the country by investing abroad. market without sacrificing any of the benefits that capital mobility provides.

International trade during the 1980’s grew twice as fast as Gross Domestic A new architecture for global financial stability and sustainable development is need- Product (GDP). And Foreign Direct Investment grew twice as fast as trade. This ed, with reform of the IMF and World Bank, so that their programmes promote good represents a growing role for multinational enterprises in the world economy. governance and respect for human rights and fundamental labour standards, increased employment, poverty reduction and the provision of public services in key areas. According to the 2000 World Investment Report by UNCTAD (United Nations Conference on Trade and Development), the sales by foreign operations of multi- The goal of these measures is to orient the operations of financial markets away from nationals in 1999 amounted in total to US$14,000 billion. This was nearly twice speculative transactions and short-term profit-taking and towards facilitating long- as high as the value of world exports. In other words, FDI is a much more pow- term, productive investment which creates good, secure employment. They would

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encourage governments and the international agencies to tackle the social problems The 1980’s and 1990’s saw a broadening of the global market as many developing which are often the underlying cause of ﬁnancial tension and instability. And, they countries, particularly in Asia, received a great deal of investment and developed would support sustainable development which combines structural adjustment with their exports. With the collapse of the Soviet bloc, many formerly centrally planned social justice. economies increased their participation in and exposure to the global market as well.

THE GLOBAL ECONOMIC AND FINANCIAL CRISIS During this period a lot of developing countries have also moved towards a market GLOBALISATION AND SOLIDARITY AND GLOBALISATION “The Asian and Russian economic and financial meltdowns have pushed a third of the economy, many of them under the pressure of structural adjustment programmes of world economy into recession. Those who have borne the brunt are working people, the IMF or the World Bank, with an emphasis on export. Economic reforms often the poor and in particular women. In Asia living standards have collapsed and unem- involved privatisation of large, state-owned enterprises and a dramatic reduction of ployment has surged; in Russia one quarter of the labour force has not been paid for public services. six months. Spreading bankruptcies are leading to more widespread destitution. There remains a real risk of the crisis spreading to Latin America and Africa, which are already experiencing a fall in growth and a setback to prospects for employment and poverty One of the main driving forces responsible for the increase in global trade has been reduction. Other areas, notably the European Union (EU) and United States, have the creation of a framework of intergovernmental trade agreements at global and experienced continuing, though slowing growth, but the global economy is inter-linked regional levels. At a global level, discussions at the GATT (the precursor of the World and falling trade and dangerously volatile stock markets threaten to trigger a truly glob- Trade Organisation- WTO) over the past 50 years have led to a world with fewer and al recession with falling demand and output and a devastating impact on employment. fewer restrictions on trade and to world-wide agreements on trade liberalisation in an The fundamental cause of the crisis was the mismanagement of economic and social increasing number of sectors. At the regional level, the establishment of free trade policies underpinning globalisation and the pursuit of financial liberalisation without ade- areas and other regional economic arrangements has stimulated a higher level of trade quate national and international frameworks of regulation. within the countries participating. Nearly every part of the world has its own form of regional free trade agreement or group, including the European Union in Europe, Massive flows of short-term credit and portfolio investment were released on emerging financial markets without systems of accountability, transparency and prudential regula- SADC in Africa, MERCOSUR and the Andean Pact in South America, NAFTA in tion. Bankers and financial institutions made enormous errors of judgement, the cost of North America, ASEAN in South East Asia or APEC for the Asian and American which are massive job losses not least in the finance sector. The crisis has revealed countries on both sides of the Pacific. endemic problems of corruption and institutional failure highlighted by the collapse of hedge funds such as Long Term Capital Management. There is no doubt that the acceleration of integration has led to new relationships and Since the start of the current crisis in Thailand in July 1997, the Bretton Woods Institutions realities. International production has become a central structural characteristic of the (the IMF and the World Bank), and the Group of Seven industrial countries’ governments, world economy. which dominate international economic policy-making, have followed a strategy of containment. As the toll of victims mounts, it is now clear that containment has failed. The crises SOCIAL EUROPE in the global economy dominated discussions at this year’s Annual Meetings of the IMF and The success of integration in the European Union over the past forty years has had the World Bank, but governments failed to agree on effective action. The G7 countries much to do with the incorporation of social elements from the very start. While these must take further concerted action to inject demand into the world economy so as to stave elements were just a beginning which the European trade unions have had to fight hard off a global recession by restoring growth and stimulating job creation. Going beyond the to improve upon, that beginning was crucial in ensuring that economic and social October 1998 statement of Finance Ministers and Central Bankers, they must also put in progress were mutually reinforcing throughout that time. place a regulatory framework to ensure that the current contagion can never happen again.” (Extract from an ICFTU-TUAC statement on the global economic crisis, In 1957, the Treaty which established the European Community provided a basic frame- December 1998) work of rules for trade and investment which gave the member countries confidence that they would benefit from economic integration. The Treaty included social components, primarily to sta-rt with in the area of occupational health and safety. These ultimately led to the drafting of the European Union's Social Charter. Secondly, the Treaty included a social fund for development in poorer regions. Although this was fairly small Deregulation and Liberalisation to begin with, again it gave the poorer countries confidence that they would be com- Most countries have, often as a result of global, regional, and bilateral trade and pensated for the costs of adopting higher standards. Thirdly, the Treaty included provi- investment negotiations, lowered barriers to trade and investment. These barriers sions for democratic consultation. include trade quotas and tariffs as well as national capital controls. Although Of course, much has improved since 1957 due primarily to sustained trade union strug- deregulation and liberalisation occur at different speeds in different countries, the gle, including the finalisation of the Social Charter (properly called the Community trend is world-wide. The major financial institutions, such as the IMF and the Charter of the Fundamental Social Rights of Workers) in 1989, the expansion of the World Bank, are also partly responsible through encouraging and facilitating the social and regional funds and the provision of effective tripartite consultation through introduction of market-based economic policies in their programmes. the Economic and Social Committee of the EU, as well as the constitution of an elected European Parliament since 1979. More recently, an extensive sectoral social dialogue

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has developed through a series of joint committees. Also, as a result of the Maastricht sector regularly indulges in senseless expenditure find economic justification for Treaty, extensive powers have been given to the European social partners to draw up the debts of the former, while condemning those of the latter. The repeatedly legislative proposals, as they did for example in the area of part-time work as well as on imposed prescription for downsizing the public sector, leaving the role of job cre- fixed-term contracts. ation entirely to the private sector, is part of this same dogma. So is the incessant These different factors - social legislation, social funds and democratic consultation - campaign for privatisation of public services which, in practice, has often failed to contributed greatly, and perhaps even guaranteed, the success of the European Union. live up to expectations. The artificial separation of the public and private sectors, GLOBALISATION AND SOLIDARITY AND GLOBALISATION The struggle for the social dimension of European integration is far from over with trade both integral and inter-dependent parts of societies and economies, is very dan- unions fighting for both social and economic progress. Social and trade union and human gerous and must be vigorously challenged. rights considerations will be equally crucial in determining the success or failure of the different economic integration agreements being developed around the world. The obsession with the public deficit and the debt is also at the root of the repeat- ed attacks on the public sector. In the wake of globalisation, the need to rationalise public finances is used to justify recurrent cuts in public expenditure. Tackling the deficit and the debt has been used as a pretext for attacking certain public services Globalisation and the Public Sector such as education and health, and social programmes. Although advocated on the Globalisation has also served as a pretext for advocates of a “free market” ideol- basis of rationalising public finances, it is being used to undermine the role of the ogy to seriously challenge the role of the State. This offensive has changed the rel- State. And when austerity is not imposed from outside by an organisation such as ative balance that has existed between the public and private sector and which was the IMF, it is introduced by national governments themselves. On this point, it part of a post-Second World War consensus in developed countries. There has should be recalled that the single European currency, the Euro, was not introduced been much talk of the decline of the welfare state, with some rejecting it and claim- painlessly, the pursuit of convergence criteria leading several governments to adopt ing that it is ineffective. many restrictive measures.

In addition to reshaping social security systems to meet demands for greater flex- Increased competition, as a result of globalisation, has had an impact on fiscal terri- ibility from private enterprises, a number of countries have challenged the role of tory. Powerful employers’ lobbies have for many years been opposing almost all the State as the provider of public services. In some countries the management of forms of taxation, but, in particular, taxes on the wage bill, which finance social pro- social programmes of last resort has even been entrusted to the private sector. grammes. Free trade and the free circulation of capital have led to competition between national tax systems, resulting in widespread erosion of tax income and the The notion of, on the one hand, the public sector as an ineffective and wasteful creation of a social deficit. Every country is under pressure to align its measures with giant and, on the other, the private sector as an effective and responsible actor, the lowest common denominator. But we are now seeing that these strategies have however misleading, has caused enormous damage. One would think that public literally suffocated the public sector in several countries by draining it of funds. investments, no matter how vital, are a waste and private investments, no matter how foolish, are wise. In many cases, ideology has replaced a pragmatic examination of the facts. As a consequence, in some countries, crucial sectors such as edu- TRADE AND INVESTMENT AGREEMENTS cation and health have been more or less dismantled and, in effect, handed over to AND THE PUBLIC SECTOR private interests. Major agreements on trade and investment are a characteristic of globalisation which is having an effect on the public sector. Education is a good example of this. The international trade union movement considers these policies to be based on The link between major trade and investment agreements and public services such as an economic analysis which is completely removed from reality. This approach education is not obvious. However, agreements on international trade and investment considers that government, by its very nature, is a drain on a country’s collective do not concern the economy alone. They help shape all aspects of the collective life of wealth which is entirely generated by the private sector. This concept of the func- our societies. In addition, the trend towards privatisation affects some of these services. tioning of the economy is founded on the false premise that there is a system of Also, it is important to remember that the 1994 General Agreement on Trade in Services (GATS) was the first multilateral agreement covering trade in all services. wealth-creating activities on one side (the private sector) which finances a system of non-commercial activities on the other side (the public sector). If this line of rea- The GATS includes a commitment to steadily liberalise trade in the sector through reg- soning is followed, does it mean for example that vocational training, which is ular negotiations. At the world level, it was also the first multilateral agreement on generally a public sector activity, should be considered unproductive? investment, as it targets not only cross-border trade but all possible means of supplying a service, including the right to establish a commercial presence on the export market. Education services, particularly higher education, are now an integral part of these nego- The same unconditional advocates of the “free market” who assert that the pri- tiating rounds which are carried out at regular intervals under the auspices of the World vate sector habitually makes wise, well considered investments while the public Trade Organisation (WTO). In the jargon of this institution, education has become a

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market like any other, meaning that governments should notify the WTO of their mech- well as build ties with suppliers and customers. As there is often less need for prox- anisms and degree of openness towards foreign enterprises. This takes place at a time imity, it is easy for many MNE’s to work from and in any part of the world. The when the rapid development of new technologies is accelerating trade in services. use of newer techniques, such as e-mail, internet and video-conferences, reduce problems of distance. The WTO recognises that international trade in education services has grown substan- tially, particularly in higher education. The growing number of students travelling abroad for their studies, the exchanges and links between teachers and researchers, the The use of IT has changed the way major companies do business. Technology and GLOBALISATION AND SOLIDARITY AND GLOBALISATION increase in the international marketing of programmes, the establishment of “local the software that comes with it also make it possible to trade previously un-trad- branches” of universities and the elaboration of international co-operation mechanisms able services. A good example of this is education where we are witnessing the between educational establishments from different countries confirm this trend. emergence of “virtual universities” which link up with their students via the inter- International trade in educational services takes different forms and the liberalisation of net or other distance learning technologies. this trade can have very different repercussions accordingly. For example, promoting exchanges between students or researchers has very different implications for a public The use of technology not only facilitates working across borders, it also brings education service than opening the door to the international marketing of education changes in work relations. More and more people are working at home or in call programmes by the private sector. centres. Production techniques are also changing. Old systems for the mass pro- With the signing of the GATS, several countries agreed, to varying degrees, to open up duction of standard products are being replaced by methods that allow shorter their education sector to international trade. In some cases, this could translate into production runs of more differentiated products. increased pressure for the privatisation of the sector. The Multilateral Agreement on Investment (MAI), which was being negotiated at the Organisation for Economic Co- operation and Development (OECD) and originally proposed to cover the broad ser- Technology also facilitates the rapid flow of capital world-wide, making the glob- vice sector, followed the same dynamic as the GATS and could have accelerated the lib- al capital market a reality. The fact that international financial transfers can be eralisation of the trade in services. The extent to which the countries of the OECD done in a few seconds is not only changing the way companies behave, but is also would have liberalised the different sectors would only have become clear once the further encouraging financial speculation and instability. negotiations had been concluded.

As the MAI is dead, eyes are now on the WTO where we may still see the start of new This flexibility and mobility of production can place great pressure on workers. It discussions on the establishment of a multilateral framework for investment. A new creates new challenges for trade unions, to adapt to this new environment and round of negotiations on the liberalisation of international trade at the WTO may rethink approaches and strategies. One of the ways for unions to adapt is to make include and affect education and other parts of the public sector. The need to have good use of these new technologies themselves, in order to approach the speed and effi- quality and democratically controlled public services is a trade union priority at the international level and one of the areas where globalisation must be properly and ciency of the companies with which they are dealing. Such technologies increase responsibly managed. the possibilities for communication, which is vital for international solidarity, as well as making information gathering more accessible for many unions (for exam- It must therefore be clarified in the current GATS negotiations, that countries can main- ple, there are web sites which specialise in giving daily updates of news surround- tain the right to exempt public services (for example, education, health, water and postal services), and socially beneficial service sector activities from any WTO agreement cov- ing big companies). ering the service sector, including at sub-national levels of government. Explicit reference to social and environmental concerns in the negotiations is required, in order to prevent The meaning of globalisation for workers the conclusion of any agreements that undermine vital and socially beneficial service sector activities and/or the ability of governments to enact domestic regulations, legislation All this leads to a globalisation which challenges workers and their trade unions. and other measures necessary to safeguard, monitor and develop such services. There is the pressure put on governments to deregulate and, increasingly, to abdicate their role. A nation-centred system with national social and economic policies helped Countries must have the right to take a future decision to increase the public sector role to create a degree of social justice and economic equity. This nationally based in their services sectors (for example following a change of government) without facing a WTO dispute, as would be expected under current WTO rules. approach has come under severe pressure. Due to the diminished role of national institutions, there has been a certain shift towards the world level, but without an international framework and institutions in place which can deal effectively with issues of justice and equity. Technology An additional challenge for trade unions is the changing nature of the employer. The technological revolution in information processing, communications and In a world where capital is much more mobile than workers, different forms of transportation made it much easier to create a global production chain and distri- business organisation and relationships have been created which can shift employ- bution networks. It makes it easier for companies to integrate their subsidiaries as ment and threaten collective bargaining relationships.

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Partly as a result of the rootless character of MNE’s, a lot has changed, including 2. THE INTERNATIONAL TRADE UNION STRUCTURE the introduction of new management methods, sometimes “best practice”, but too often “worst practice”, and the threat to relocate to countries with lower social or Over One Hundred years of Trade Unionism environmental standards and no independent trade unions. New forms of work The pioneers of international co-operation were the International Trade organisation have been established as well as changes in the employment relation- Secretariats (ITS). ITS are world-wide federations of unions which unite workers ship. A long list of examples can be given from outsourcing, subcontracting, con- based on industry, craft or occupation. Several were formed in the late nineteenth GLOBALISATION AND SOLIDARITY AND GLOBALISATION tract labour and other various forms of precarious employment. Globalisation has century and, by 1914, 33 ITS had been established. The very first international also helped to extend the market and the responsibility for goods produced under trade union organisations were established in 1889, when the International extreme forms of exploitation such as child labour or forced labour. Federation of Boot and Shoe Operatives, the International Federation of Tobacco Workers and the International Typographical Secretariat were created. As a result of these changes, one of the fundamental goals of organised labour, taking workers’ rights out of competition by establishing fundamental common standards, is In the beginning, they were fairly informal structures, co-operating on a practical under direct attack. Competitiveness and flexibility are the loudly proclaimed objectives level with exchange of information on the craft, trade or industry, helping travel- of enterprises in the global environment. They put workers into increasingly fierce com- ling journeymen, and discouraging the international transport of strike-breakers. petition with each other, put pressure on the social safety net and, at times, effectively Around 1900, they had already enlarged their co-operation to areas such as organ- undermine workers’ rights which were won through many years of struggle. isational assistance, international strike support and international standard setting. The first international trade union organisation composed of national centres It was argued that this corporate agenda, adopted by many political leaders, was grew out of a conference in 1901 where the most important European national supposed to lead to more jobs and higher living standards. Instead, it leads to a trade unions decided to create an international body. First established as the world of increasing division between rich and poor, within and among nations, International Secretariat of Trade Union Centres, the organisation was renamed in increasing wealth and power for an elite, declining living standards for many and 1913, becoming the International Federation of Trade Unions (IFTU). growing insecurity for large numbers of working people.

THE ITF AND HOW IT STARTED The international trade union movement is seeking ways to incorporate into the In April 1896, Havelock Wilson, leader of Britain's National Sailors' and Firemen's Union, was globalisation process the protections which were achieved in many countries at the making plans to hold an international meeting of sailors and firemen, build around the national level and to enable workers and their unions to participate effectively in International Socialist Trade Union Meeting in July in London. Happening at that time, a docks the global economy and in building a democratic framework for it. Competitive dispute in Rotterdam was to become the catalyst which made many begin to recognise the pressures should be more on companies to produce quality products and services potential of an international organisation of seafarers and dockers. and less on governments to sacrifice the interests of their people to attract and The Rotterdam strike had been caused by plans by the largest employer in the port to effectively keep investment. Workers’ rights and decent conditions should not be driven cut wages by 25 per cent. The whole port was on strike and the military had been mobilised. down by competitive pressures in a situation where workers are, in effect, bidding When he arrived, Wilson found about 40 British ships caught up in the dispute and obtained a against other workers for lesser quality jobs. steam launch to visit every vessel and ask the crews to attend a meeting that evening. Attended by 600 seafarers and striking dockers, the meeting, which was closely observed by the police, resolved that British crews would refuse to load or discharge their cargoes until the strike was The challenge facing trade unions in the era of globalisation is to ensure that struc- resolved. The strike ended successfully. tural change and adaptation are achieved without compromising the goals of full Wilson's experiences in Holland had clearly strengthened his determination and as the date of employment and social justice. We have to convince governments that it is essential the Socialist International Congress grew nearer, the central council of the International to act urgently to increase and spread more evenly world economic growth. Whether Federation of Dock and River Workers was formed. Later that month, a fully international meeting of the central council of the international federation was held, thus qualifying it as the first at regional or at world level, it is clear that if basic workers’ rights are to be safe, ever meeting of what was to become the ITF. There were representatives from Great-Britain, they must be integrated into any agreements related to economic integration. Belgium, Sweden, USA, Germany, Netherlands and France. This meeting was followed two days later by a further international gathering during which reports were received from 87 ports in Europe and demands were drawn up to present to shipping and port employers.

The optimism and determination continued in the federation's second-ever leaflet, published in October 1896: "The order to our men is 'prepare for action', for there is no knowing at what hour the capitalists of the shipping industries may open fire. Let them. But remember through it all, our whole fight is not to fight down capitalists but to raise the standard of the workers, and if the latter be done by peaceful means so much the better, say we. If the employers by their stubborn refusal to negotiate, compel rougher work, then on their heads will rest the responsibility."

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The period between the wars was one of name changes, the establishment and dis- of trade union leaders. Much of this activity is carried out by the ICFTU regional appearance of new international organisations, and schisms. organisations.

Following the Second World War, the World Federation of Trade Unions (WFTU) The ICFTU regional organisations are the African Regional Organisation (AFRO), was established. In 1949, the International Confederation of Free Trade Unions based in Nairobi, the Inter-American Organisation of Workers (ORIT), based in (ICFTU) was founded, largely by national trade union centres which had left the Caracas, and the Asia-Pacific Regional Organisation (APRO), based in Singapore. GLOBALISATION AND SOLIDARITY AND GLOBALISATION WFTU over the issue of Communist domination of that organisation. The WFTU Although part of the ICFTU structure and covered by agreed policies, the regional remained in existence, but lost most of its membership after the changes in Central organisations have considerable autonomy to develop regional priorities and activities. and Eastern Europe in the 1990’s. They represent the trade union movement with regional inter-governmental bod- The ICFTU, which is based on the principle that legitimate unions must be con- ies, on trade and other agreements negotiated on a regional basis, and they also trolled by their members and not by governments, employers or political parties, maintain relations with NGO’s and other groups. In this representation function, is now by far the largest international trade union confederation. There is also the their work is similar to that performed by the ICFTU, TUAC and ITS at the glob- World Confederation of Labour (WCL), a relatively small organisation based on al level. Christian social principles. More information on the ICFTU can be found on the ‘ICFTU, what it is, what it Also in the immediate post-war period (1948), a body was created to represent does’ page. trade unions in connection with recovery programmes in Europe. This organi- http://www.icftu.org/displaydocument.asp?DocType=Overview&Index=990916422 sation later became the Trade Union Advisory Committee to the OECD (TUAC). There are also regional trade union bodies which are not part of the ICFTU structure. One such organisation, which plays a significant role in protecting the International trade union organisations interests of workers in Europe, is the European Trade Union Confederation Organisations for national centres (ETUC), based in Brussels. The ETUC was founded in 1973 and is composed The International Confederation of Free Trade Unions (ICFTU) brings together largely of ICFTU-affiliated national centres. It includes organisations in workers from 221 national centres in 148 countries and territories. Collectively, Western, Central and Eastern Europe. Its activities include representing trade 156 million members are represented. It is governed by democratic structures, union interests with the European Union. The ICFTU has a co-ordinating coun- including a Congress held every four years and an Executive Board which meets cil composed of affiliates in Central and Eastern Europe which is an additional annually. Both bodies determine policies for the organisation. There are also com- way for those organisations to discuss their common needs and interests and mittees which help develop policies and initiate and review activities. The head- work with the ICFTU. quarters of the ICFTU are in Brussels. The Trade Union Advisory Committee (TUAC) to the Organisation for Economic A major part of the work of the ICFTU is in the area of representing trade union Co-operation and Development (OECD), based in Paris, represents national trade interests at the international level. Representation includes speaking at public fora, unions centres of the member countries of the OECD with the OECD. Most reports, statements, campaigning, lobbying and similar actions in a wide range of TUAC affiliates are also affiliated with the ICFTU. TUAC has consultative status areas, providing a voice for the international labour movement with international with the OECD and its various committees. It co-operates closely with the ICFTU organisations, governments, Non-Governmental Organisations (NGO’s) and others. and ITS on a wide variety of economic policy, sectoral and other issues (including education and training, public sector management, steel, and maritime transport). This is done, amongst other things, through active and targeted interventions on The 30 OECD member countries include most countries in Europe, Canada, the such priorities as the defence of trade union rights and the pursuit of greater social United States, Australia, New Zealand, the Republic of Korea and Mexico (for a and economic justice in connection with structural adjustment and development. full list, see appendix 2, section on TUAC).

Being an effective, global voice for working people involves more than the crucial TUAC seeks to ensure that global markets are balanced by an effective social role of effectively participating in the international debate. One of the other pri- dimension. Through regular consultations with various OECD committees, the orities of the ICFTU is, for example, to strengthen national centres. This is not secretariat, and member governments, TUAC develops consensus positions among only through defence of their interests at the international level, or in some cases its afﬁliates and represents those positions with the OECD on a wide range of pol- their very right to exist. It is also through such activities as training and education icy issues.

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WHICH IS MY ITS? Finding out the one or more ITS with which to seek afﬁliation, is not difﬁcult. They are divided by sector, industry or occupation. The following list provides information on the categories of workers represented by each ITS:

As part of its activities, TUAC prepares and presents, in co-operation with its afﬁl- EI (Education International): iates, the ICFTU and the ETUC, a statement to the annual Ministerial Conference educators, teachers, lecturers and other employees in education. which brings together Finance Ministers from member countries. Since the beginning of the G-7 summits in 1975, that statement has served as the basis for discus- ICEM (International Federation of Chemical, Energy, Mine and General Workers' Union): sions with heads of states and various ministries at national and international level. Energy sector, electricity sector, chemical industries, rubber and plastics industry, dia- GLOBALISATION AND SOLIDARITY AND GLOBALISATION monds, gems, ornaments and jewellery production, ceramics industry, paper and cellu- TRADE UNION RELATIONS - NATIONAL AND INTERNATIONAL lose production, glass industry, cement industry, environmental protection industries, (ICFTU-ITS) coal mining, mineral mining and stone and sand production.

IFBWW Individual National National Centres (International Federation of Building and Wood Workers): Unions afﬁliation for Trade Unions construction industry, timber industry, forestry and allied sectors.

IFJ (International Federation of Journalists): print media, broadcasting, film and television, news agencies, press offices, public-rela- affiliation affiliation tions agencies and new electronic media.

IMF (International Metalworkers' Federation): International production workers and salaried employees in the automobile industry, aviation and International Trade Confederation of Free aerospace industry, electrical engineering and electronics, mechanical engineering, shipbuild- Secretariats (ITSs) ICFTU-ITS Parnership Trade Unions(ICFTU) ing, iron and steel production, non-ferrous metals as well as metal-processing industry.

ITF (International Transport Workers' Federation): transport industry.

Organisations for national trade unions ITGLWF (International Textile, Garment and Leather Workers' Federation): textile, garment and leather sector. The organisations bringing together national trade unions on an international level are the ITS. They are autonomous, self-governing and democratic organisa- IUF (International Union of Food, Agricultural, Hotel, Restaurant, Catering, tions and are associated with the ICFTU. Their role has expanded with globalisa- Tobacco and Allied Workers' Association): tion, as they have grown in membership and have been called upon to play a food and drink sector, hotel, restaurant, catering and tourism services, agriculture and greater role by affiliates confronted with problems that do not respond to purely plantation farming and tobacco processing. national solutions. PSI (Public Services International): employees in public administrations, enterprises and institutions of regional Unlike the ICFTU, which represents national centres, ITS have as members nation- authorities, public corporations, foundations, public institutions; in companies generating and al unions, which represent workers from a specific sector, industry or occupation. distributing gas, electricity and water, of waste management; in the environmental, social and health sector; in public educational, cultural and leisure-time facilities as well as other public institutions, administrations and companies delivering public services; employees in interna- ITS defend the interests of their affiliates in practical ways through various meth- tional institutions which have been established by states or communities of states. Teachers ods, including: and employees of nationally operated postal and railway services are explicitly excluded. • Solidarity and organisational work, which may include financial assistance or co-ordination of actions against employers or governments; UNI (Union Network International): • Information and research (of particular importance in dealing with multination- UNI is the result of the merger on 1 January 2000 of CI (Communications International), FIET (International Federation of Commercial, Clerical, Professional and Technical Employees), IGF als) and providing useful publications and studies; (International Graphical Federation) and MEI (Media and Entertainment International) • Engaging in campaigns and creating public awareness; and • Representation of affiliate interests with MNE's, with international organisa- • employees in the postal and telecommunications services. tions at the intergovernmental level, such as through sectoral work at the • salaried employees in industry; business service; information technology; commerce; International Labour Organisation (ILO), and with other organisations in the financial services; social insurance and private health care; property services; tourism, professional and managerial staff. international trade union movement; • newspaper sector, magazine sector, book publishing sector, advertising and PR agencies, job-printing companies, packaging and paper processing. • technicians and others employed in broadcasting and television, film production, projection and other media, the advertising industry, theatres and similar artistic and 22 entertainment industries. 23 Globalisation UK/144 22/03/02 10:37 Page 24 GLOBALISATION AND SOLIDARITY

3. SECURING RIGHTS AND SETTING STANDARDS • It encourages and protects the process of voluntary negotiation between workers and employer organisations to regulate terms and conditions of employment by means of The Universality and Indivisibility of Trade Union Rights collective agreements. • It does not deal with public servants “engaged in the administration of the State” who The fundamental concern of the trade union movement has been the struggle to are covered by Convention 151 (1978). secure the right of workers to form and join independent trade unions and to bargain collectively with their employer. This is the very basis of trade union organi- GLOBALISATION AND SOLIDARITY AND GLOBALISATION sation and is still its highest priority. Defending trade unions and trade union International labour standards and the ILO rights under attack from any government is a main activity for the international trade union movement. The International labour Organisation (ILO) emerged in 1919 after a devastating war when it was given a special responsibility to contribute to world peace. Its The basic trade union rights are the right to form or join a trade union, the right constitution begins with the statement that “universal and lasting peace can be to bargain collectively and the right to strike. These trade union rights are human established only if it is based upon social justice.” rights and, as all human rights, they are universal and indivisible. General rights for trade unionists are enshrined in the Universal Declaration of Human Rights, Inherent in the establishment of the ILO was the recognition that freedom of asso- its covenants as well as in most national constitutions and labour codes. For exam- ciation contributes to democracy and stability inside and among nations. The ple, article 23 of the Universal Declaration of Human Rights includes the follow- development of a system of international labour standards was seen as helping to ing: “everyone has the right to form and to join trade unions for the protection of reduce international tensions which contribute to economic rivalry, social ten- his interests”. sions, and war. Interdependence was already clearly recognised at the time as shown by the following passage from the constitution: “The failure of any nation Of particular importance for international trade union campaigns are the conven- to adopt humane conditions of labour is an obstacle in the way of other nations tions of the ILO. These provide an opportunity to approach disputes via an addi- which desire to improve the conditions in their own countries.” tional angle: by putting pressure on the government of the countries concerned through the ILO. The fundamental trade union rights are those defined in the ILO Although the link between the rights and conditions of workers in different coun- conventions No. 87 on freedom of association and No. 98 on the right to collec- tries and the economy has always existed, a formal recognition of this came only tive bargaining. in 1944 with the ILO’s Declaration of Philadelphia, which states that “labour is not a commodity.” It is that distinction between the labour of a human being and International trade union organisations have been fighting since their inception to product markets which is the essential economic basis for the protection of work- get these rights recognised by all governments and employers. Conventions No. 87 ers. A few years later, in 1946, the ILO became the first specialised agency associ- and No. 98 are integral parts of what is needed to combat the excesses of global- ated with the United Nations. isation: a strong set of labour standards securing the principal labour rights which can be used to confront the social actors with their responsibilities.

THE PRINCIPLES OF THE DECLARATION OF PHILADELPHIA ILO CONVENTIONS NO. 87 AND 98 The General Conference of the International Labour Organisation meeting, in its ILO convention No. 87 on Freedom of Association and Protection of the Right to Twenty-sixth Session in Philadelphia on the 10th of May 1944, adopted a declaration of Organise, adopted in 1948, has been ratified by over 130 countries. the aims and purposes of the International Labour Organisation and of the principles which should inspire the policy of its Members. It declares: • That workers can establish and join organisations of their choice without prior agree- The main principles of the declaration are: ment from the state. 1. Labour is not a commodity. • That trade unions cannot be dissolved or suspended by the state. 2. Freedom of expression and association are essential to sustained progress. • That they are free to create federations and confederations which, in turn can affiliate 3. Poverty anywhere constitutes a danger to prosperity everywhere. at the international level. 4. The war against want requires to be carried on with relentless vigour within each nation, and by continuous and concerted international effort in which the represen- ILO convention No. 98 on the Right to Organise and Collective Bargaining was adopt- tatives of workers and employers, enjoying equal status with those of governments, ed in 1949. Nearly 150 countries have ratified it. join with them in free discussion and democratic decision with a view to the promotion of the common welfare. • It extends worker protection against acts of anti-union discrimination.

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A tripartite organisation Other main functions of the ILO include formulating international policies and programmes to promote basic human rights, improve working and living condi- The International Labour Organisation (ILO) is based in Geneva and is the major tions and enhance employment opportunities. It has an extensive programme of international body dealing with labour and labour related issues. It is also the only international technical co-operation formulated and implemented in an active body in the UN system which is tripartite, with representation of workers, employ- partnership with constituents to help countries in making these policies effective ers and governments. The ILO currently has over 170 member countries. in practice. These efforts involve training, education, research and publishing. GLOBALISATION AND SOLIDARITY AND GLOBALISATION From the beginning it was recognised that interference in markets is necessary to protect rights from the village to the world. Legislative protections in such areas as wage and working hours laws, health and safety protection, and other labour INTERNATIONAL LABOUR ORGANISATION - BUREAU FOR standards are such “interference”. So are collective bargaining agreements. Both WORKERS' ACTIVITIES (ACTRAV) attempt to create a system of competition which is not based on exploitation of workers. Globalisation, without mechanisms to support fundamental workers’ As the main link between the International Labour Office and workers, the Bureau for Workers' Activities (ACTRAV) co-ordinates all the activities of the Office related to rights, can put workers back into competition and lead to a race to the bottom, as workers and their organisations, both at headquarters and in the field. countries reduce wages, taxes, welfare benefits and other social or environmental protections to make themselves more competitive. The International Labour Organisation (ILO), whose executive secretariat is the International Labour Office, is the only tripartite agency of the United Nations. In it, This is why one of the most important functions of the ILO is the development of governments, as well as employers and workers are represented on an equal footing. international labour standards. These are Conventions and Recommendations, Mission adopted by the tripartite International Labour Conference. Through ratification ACTRAV's mission is to maintain close relations with the trade union movement by the member States, Conventions are intended to create binding obligations to throughout the various countries of the world, to provide it with the support of the International Labour Office in endeavours to strengthen it, enhance its influence and its put their provisions into effect. Recommendations provide guidance on policy, leg- activities in the defence and promotion of the interests and rights of workers. ACTRAV: islation and practice. These standards cover a wide range of issues in the world of • Is the link between the International Labour Office and one of its key components: the work, including freedom of association, the right to organise and bargain collec- workers tively, forced labour, child labour, equality, labour administration, industrial rela- • Ensures that the concerns of trade unions are incorporated into all the activities of the tions, employment policy, working conditions, social security, occupational safety International Labour Office • Enables trade union organisation to make full use of the potential of the Office. and health. So far, more than 180 conventions and even more recommendations • Enables the Office to count on the support of trade unions in promoting and attaining have been adopted. its goals Goals The ILO is not only charged with developing international conventions and rec- Social justice, fundamental rights at work, the defence and expansion of social protec- ommendations, it also has a system of supervision which monitors efforts by mem- tion, full employment and equality are the overarching goals of the ILO, and are encap- sulated in the concept of "Decent Work". ACTRAV contributes to the attainment of ber governments to ratify conventions. The ILO also examines laws and practices these objectives by supporting trade union activities in a wide range of fields: in terms of their conformity to ILO standards. That system includes a Committee • Promoting the fundamental rights and principles at work of Experts which examines compliance with a list of conventions each year and a • Collective bargaining and social dialogue committee at the annual International Labour Conference which discusses the • Combating the exploitation of child labour report of the Experts and, in turn, reports to the full conference. • Improving working conditions and the environment • Fighting unemployment and underemployment • Worker education and training, especially through the ILO Training Centre in Turin In addition, the ILO Governing Body, which guides the work of the ILO along Team with the annual International Labour Conferences, has a Committee on Freedom Much more than a department of officials, ACTRAV likes to think of itself as a team of of Association which analyses complaints from trade union and employers’ organ- seasoned trade unionists representing the world's various regions and experienced in isations concerning violations of the right to organise. It is this committee, in co- the work of international trade union solidarity. Our specialists work from the Office's Geneva headquarters, as well as from its regional bureaux in the field and in multidisci- operation with the committee of Experts which has defined the jurisprudence of plinary teams, where they contribute "trade union sensitivity". The ACTRAV team: Conventions 87 and 98 to include the right to strike. • Prepares the case files that will help worker representatives put together their arguments for the Annual Conference of the ILO, the Governing Body, regional and sec- The ILO also holds sectoral meetings, bringing together people from workers’ and toral conferences and in the Office's various activities • Assists worker delegates as they take part in these activities employers’ organisations, as well as from governments’ representatives, doing • Brings the trade union elements to all initiatives and activities carried out by other work in a specific sector. departments and sectors in the ILO

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• Follows up and analyses the evolution in the field of national, regional, industry-based 4. AN INTERNATIONAL FRAMEWORK FOR SOCIAL JUSTICE and international trade union movements. • Uses its resources and expertise to serve the cause of strengthening and developing Of course it is one thing to establish a standard and quite another to observe one. workers' organisations. One of the most important concerns of trade unions with respect to globalisation Actions is that international competition has caused a failure to respect labour standards ACTRAV's work concept, which includes an active presence in the field, training or as governments participate in a race to the bottom. information seminars, cooperation projects, briefings, studies and publications, is an GLOBALISATION AND SOLIDARITY AND GLOBALISATION action dynamic designed to promote the fundamental rights of workers, values of social justice and concepts of equality. ACTRAV is stepping up its activities: Some violations have been caused or aggravated by government implementation of • International campaigns to promote the ratification of ILO conventions IMF or World Bank conditions or other international pressures. Many complaints have • Organising colloquia and seminars on subjects of interest and topicality to workers been related to government failure to force corporations to respect trade union rights. • Representations to ILO Member governments to secure the respect and implementa- But most come from authoritarian governments who fear any independent force in tion of their commitments • Project implementation and technical co-operation and assistance in the field society, and particularly trade unions, which have a popular base and, therefore, power. • Training of trade union leaders • Conduct of specific programmes pertaining to labour issues A source of information ILO DECLARATION ON FUNDAMENTAL PRINCIPLES Thanks to its close ties with trade union organisation across the world, its presence in AND RIGHTS AT WORK the field in various regions and to its training activities, ACTRAV is at the centre of a As the main link between the International Labour Office and workers, The International vast network for information on the trade union movement. This information is placed Labour Conference, at its 86th Session in 1998, adopted a declaration on workers’ rights at the service of the International Labour Office and its constituents and of the public based on the fundamental conventions of the ILO, the principles of which governments are at large through the media, universities and NGOs. The principal vehicles for this infor- considered obligated to respect by virtue of their ILO membership. The eight main ILO mation are: labour conventions on which the new Declaration is based are: No. 87 and 98 on the • A quarterly review Worker Education, published in three languages (English, rights to freedom of association and collective bargaining, No. 29 and 105 on the abolition Spanish and French) and devoted to analysis and forward studies. It draws on the of forced labour, No. 100 and 111 on the prevention of discrimination in employment and best specialists from the world of work and deals with topics that will be tomor- equal pay for work of equal value and No. 138 and 182 on child labour. The effective appli- row's burning issues. cation of this Declaration would strengthen respect for workers’ rights and help reduce • The ACTRAV web pages (www.ilo.org/public/french/dialogue/actrav/index.htm) constitute the negative effects of globalisation. The ICFTU led the effort to create this Declaration a wealth of information on the activities of the International Labour Office, targeted at and its effective follow-up procedure. workers. • Human Rights at Work, a monthly online bulletin on ACTRAV activities • ACTRAV Info, regular communiqués on positions taken by the International Labour Office affecting workers and on the positions of the Workers Group within the organ- The adoption of the Declaration on fundamental workers’ rights in 1998 was only isation's various forums. one of the episodes in a struggle to establish and strengthen the observance of inter- • A wide variety of publications, manuals, brochures and practical guides on a broad national labour standards as part of an international economic framework. It com- spectrum of issues of interest to workers plements efforts to establish links between workers’ rights and international eco- Contacts nomic activity. e-mail:[email protected] web:www.ilo.org/public/french/dialogue/actrav/index.htm International Financial Institutions Tel: ++4122799 7021 Fax ++4122 799 65 70 The ICFTU has led efforts to intervene with the international financial institutions to encourage them to examine the social effects of their policies and to consult Whether it is the situation regarding industrial accidents in Tonga or the arrest of a trade unionist in Latin America or actions taken by African trade unions to combat with trade unions. Those bodies have also been asked to urge governments to co- HIV/AIDS, ACTRAV will be able to put you in touch with the persons who are most operate with the social partners on the development and implementation of eco- knowledgeable about the matter and who can furnish you with information. The nomic policies. There has been some progress. The International Monetary Fund ACTRAV network spans the globe: and the World Bank have become more open to dialogue and social measures are, • The major international trade union confederations accredited to the ILO in some cases, given serious consideration. The World Bank has involved the • The major international industry-based trade union federations (construction, services, power, metal-working, transport, food, agriculture, etc.) ICFTU and the ITS in the production of its annual World Development Reports • Over 500 national trade union organisations on several occasions. • Through ACTRAV, the other departments and specialised divisions of the International Labour Office The ICFTU, together with the Workers Group of the ILO, has been making efforts • LO and ACTRAV representatives in the field to get that organisation more active in trying to influence the policies and meth- • The advisory multidisciplinary teams • The training Centre in Turin, which plays a key role in worker education activities. ods of the international financial institutions. The trade union movement is seek-

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ing, through discussions at the highest levels, to convince those institutions that it Some success has been achieved as the Bank recently announced that it would upgrade the is necessary to adopt policies that lead to both social and economic progress. optional sub clauses on labour contained in the Standard Bidding Documents (SBD) to the “One-size-fits-all” austerity programmes, imposed on countries in need of assis- status of mandatory. Some wording on environmental procurement will also be included in the new SBD’s. However, it is unlikely that the texts will include clauses incorporating the tance, overemphasise methods like privatisation, balancing state budgets through core labour standards - the Bank policy on freedom of association in particular does not drastic cuts in public services and the use of high interest rates, without giving suf- allow for such a development at this time. The Bank is, however, considering the inclusion ficient attention to the social consequences to workers, who are often the first vic- of some wording to give effect to ILO Convention No. 182 to ensure that the worst forms

GLOBALISATION AND SOLIDARITY AND GLOBALISATION tims of such adjustment programmes. Another way to try to influence World Bank of child labour are not employed on Bank funded projects. policies is shown by the IFBWW campaign for minimum labour standards in loan The IFBWW has also managed to achieve some success at project level. The Chad agreements (see box). Cameroon Pipeline project involves a consortium of three major oil companies: Exxon, Chevron and Petronas. In June 2000, the Bank approved a loan package for the project despite strong international opposition from environmental groups and human rights organisations. In consequence the Bank insisted on the creation of a review board to monitor the THE IFBWW CAMPAIGN FOR THE INCORPORATION OF spending of the oil revenue; this includes civil society and the ICFTU affiliate in Chad has WORKERS’ RIGHTS IN WORLD BANK PROCUREMENT been invited to participate. The Bank has also established its own independent monitoring DOCUMENTS agency. In October 2000, the IFBWW met with the Bank’s senior energy economist for the Africa region and discussed IFBWW involvement in monitoring and verification of labour Every year, the World Bank is providing loans for a vast amount of development pro- conditions in the project. The IFBWW and its affiliates in the region aim to secure a col- jects throughout the world. The average annual lending of the Bank for development lective agreement applicable to workers in both Chad and Cameroon. projects is now US$ 22 billion. This amounts to about 30,000 contracts per year which are given to companies by borrowers of World Bank funds.

A large part of the money is invested in the construction industry, with contracts in Workers’ rights in trade and investment agreements housing, public buildings and infrastructure generating employment for thousands of workers. The ICFTU has an ongoing campaign to link workers’ rights with trade agreements. It has traditionally been referred to as the “social clause” or the “workers’ The International Federation of Building and Wood Workers (IFBWW) believes that rights clause”. It is one way of addressing the problem of nations trying to gain “the development assistance role played by the Bank, together with the volume of unfair advantage through the exploitation of workers and the violation of their employment created by funded activities, places the Bank under an implied obligation to most fundamental rights. The idea of a workers’ rights clause is to ensure that fun- promote and protect workers’ rights”. damental workers’ rights embodied in the ILO Declaration on Fundamental For this reason, the IFBWW argues that a workers’ rights clause should be included in Principles and Rights at Work become an integral part of trade agreements. This World Bank agreements. As a majority of the projects are in developing countries would require close co-operation on implementation between the World Trade where trade unions are often discriminated against and where workers’ rights are often Organisation and the ILO. A workers’ rights clause could make it easier for work- not sufficiently protected, the IFBWW believes that including labour standards in ers to form unions. It would ensure that all governments took serious measures to World Bank agreements would help promote and safeguard the fundamental rights of workers world-wide. tackle child labour and other abuses of basic workers’ rights. It would provide a partial counterweight to the negative pressures on good labour relations in the The idea is to incorporate the ideas of the eight ILO fundamental conventions (No. 87 global economy and could influence the behaviour of powerful corporations. and 98 on freedom of association and the right to bargain collectively, No. 29 and 105 on the abolition of forced labour, No. 100 and 111 on the prevention of discrimination The focus of this work is the World Trade Organisation (WTO). Concrete measures in employment and equal pay for work of equal value, No. 138 and 182 on child labour) in loan agreements with the World Bank and to make it possible to disqualify bidders have not yet been taken by the WTO on developing this linkage, due to the opposi- from the bidding process if they do not observe these minimum labour standards. tion of many right-wing governments in the WTO and the fear of some developing countries about protectionism. However, there is growing interest in the issue by gov- The inclusion of a workers’ rights clause in the World Bank Procurement Guidelines and ernments. The ICFTU has been endeavouring to ensure that the WTO should set up Standard Bidding Documents would provide for the observance of minimum labour a working group or a forum on the subject of labour standards and trade. The devel- standards by not only the direct borrowers themselves, but also by all contractors and subcontractors under the project funding. This way firms involved in the bidding process opments surrounding the WTO conference in Seattle in 1999, and actions at a num- would not get contracts simply because they were the best at cutting costs through ber of later international meetings in different cities around the world, caused for this exploitation of workers. campaign to make the news headlines world-wide. (see box)

The IFBWW is, through meetings with the World Bank and through co-operation with afﬁliated unions, calling for these provisions to be mandatory as opposed to the current The ICFTU has, as a part of this ongoing campaign, been providing information to guidelines which do include some provisions on workers’ rights issues, but only on a vol- the WTO and to member governments on fundamental workers’ rights legislation untary basis. and practices in connection with reviews of the trade policies of individual countries.

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For more information on this, please go to the ICFTU page on ‘country reports On investment issues, the international trade union movement has also insisted on for the WTO’: linkage. At the WTO, the OECD and with UN agencies, in particular the United http://www.icftu.org/list.asp?Language=EN&Order=Date&Type=WTOReports& Nations Conference on Trade and Development (UNCTAD), the ICFTU, TUAC Subject=ILS and ITS have argued that investors must have responsibilities for good behaviour associated with new investment rights. National governments should maintain and, in many cases, increase their respect for basic workers’ rights as part of inter-

GLOBALISATION AND SOLIDARITY AND GLOBALISATION national investment agreements. The failure of the Multilateral Agreement on WTO DEBACLE COULD MARK BEGINNING Investment (MAI) showed that future agreements must be more balanced and OF GLOBALISATION WITH A HUMAN FACE respond to the concerns of trade unions and other elements of civil society. In December 1999, the much-heralded WTO Ministerial Conference in Seattle, which some had expected would lead to the start of a “Millennium Trade Round”, collapsed in acrimo- nious failure. One of the main reasons was the WTO’s failure to deal with how trade and Simultaneously with pressures for global integration, regional economic and trad- investment affected social, environmental, development and gender questions. There was an ing blocs - for example, the European Union and NAFTA - have developed. This overall feeling that WTO policies and practices are not fair for developing countries, and that further limited the prerogatives of individual governments, in part because multi- the economic policies and practices of organisations like the WTO, World Bank and IMF are national enterprises were able to influence the development of regional and glob- having a negative impact on peoples’ lives - especially those living in developing countries. al trade and investment policies and agreements. MNE’s managed to see their Seattle got the message across that if governments don’t pay attention to basic human rights interests reflected as measures to protect investors are increasingly incorporated in at the workplace, to making trade achieve benefits for women and men in developing coun- regional agreements and hundreds of bilateral agreements. Trade unions are tries, and to addressing the environmental implications of globalisation, then the whole agen- increasingly playing a role in relation to the growing number of bilateral trade and da of world trade talks risks breaking down. investment negotiations (e.g. New Zealand – Hong Kong, Japan – Korea, United All over the world, trade unions participated in the ICFTU lobbying campaign in the run-up States – Australia and EU – Mercosur). to and throughout the conference, which, combined with the massive public demonstration organised on the eve of the ministerial by our American affiliate, the AFL-CIO, contributed At the regional level, the ICFTU Regional Organisations, AFRO, APRO and to that message. ORIT, have promoted linkage in the context of regional and sub-regional trade Sadly, however, the WTO hasn’t learned much since Seattle as can be seen from an ICFTU and economic agreements as well as providing support to global efforts. In statement, issued in April 2001. Europe, the ETUC has fought to include the social dimension in all aspects of The ICFTU statement argues that little of substance has changed since Seattle to indicate European integration. An example of this is the European Union Generalised that any of the underlying reasons for the failure of the 3rd WTO Conference have changed. System of Preferences (GSP) which now includes certain basic workers’ rights as a Governments and their trade negotiators must heed the lessons of Seattle if they are to result of a trade union campaign by the ICFTU and the ETUC (see box). regain public confidence in the multilateral trading system.

The WTO should draw lessons from the controversy in Seattle provoked by that WTO More information on the workers’ rights clause can be found in the ICFTU meeting’s failure to address developing countries’ concerns. Democratic reforms are need- brochure entitled: “building workers’ human rights into the global trading ed to ensure that all WTO members (particularly the least developed) are able to take part system”. The brochure is available on the ICFTU web-site: fully in all WTO activities and procedures. “http://www.icftu.org/displaydocument.asp?Index=991209328. It can also be The ICFTU statement further stresses the long-standing WTO issue of core labour stan- obtained through contacting the ICFTU. dards, one which has been gaining in importance ever since Seattle. The urgency of the need for labour standards to be respected at the WTO is shown by the number of export processing zones that has all but doubled in just five years while China, a huge country that systematically violates fundamental workers’ rights, is generally expected to become a member of the WTO in the near future. THE GENERALISED SYSTEM OF PREFERENCES (GSP) In May 1998, the European Union adopted a new Generalised System of Preferences “It is therefore a priority to protect the fundamental rights of workers in developing coun- (GSP), providing trade incentives to benefit developing countries. The new GSP includes tries and elsewhere against unscrupulous governments or employers who seek to gain an special incentives to countries respecting the fundamental ILO conventions on trade unfair advantage in international trade through the violation of core labour standards”, the union rights (ILO conventions 87 and 98) and the prohibition on child labour (ILO con- statement argues. vention 138). The prohibition of forced labour (ILO conventions 29 and 105) has been part of GSP since 1995 and led to the indefinite suspension of Burma from the EU’s GSP This pessimistic view of the trend in the WTO was confirmed by the results of the with effect from March 1997. This was a result of a joint campaign by the ICFTU, the Ministerial meeting in Doha (Qatar) in November of 2001. Although a new round of nego- ETUC, the ITGLWF and the European Trade Unions Federation of Textiles, Clothing and tiations was agreed and some advances were made in certain areas related to development, Leather (ETUF/TCL), which called for the European Commission to open a formal inves- no progress was made on support for core labour standards nor in the area of co-opera- tigation into forced labour in Burma and involved intense lobbying by trade unionists in the tion between the WTO and the ILO. 15 EU member states.

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The EU is, however, not alone in implementing workers’ rights clauses in its GSP. The USA 5. MULTINATIONAL ENTERPRISES already included workers’ rights as a condition for access to its GSP since 1984 as the result of efforts by the AFL-CIO. Under this procedure, many countries have been subject to inves- The international trade union world has devoted much attention to multinational tigation and some countries have lost their GSP status as a result of violations of workers’ enterprises as their role in the world economy has increased steadily in the decades rights. In some such cases, the countries concerned have undertaken sufﬁcient steps to improve respect for workers’ rights (such as amending their labour laws or allowing trade following the Second World War. At the beginning of this new century, the com- unions to hold free congresses) for them to be readmitted to the United States’ GSP. bined sales of the top 200 corporations exceed the combined income of all coun-

GLOBALISATION AND SOLIDARITY AND GLOBALISATION tries minus the largest ten. More than 50 of the world’s leading 100 economies are GSP is a system providing either reduced tariffs or no tariffs for a significant range of exports MNE’s, not countries. from developing countries. It was first set up in 1971 with the aim of promoting development and raising the living standards of people in developing countries. The GSP is formally recognised by the WTO. GSP schemes are operated by the overwhelming majority of industrialised The conduct of MNE’s is not necessarily better or worse than that found in pure- countries including the United States, Canada, Japan, Norway, Switzerland, Australia, and New ly national or local companies. They are, at times, better placed to carry improve- Zealand, as well as the EU. ments in working conditions and development. However, they can also help drive At the time of writing, negotiations were ongoing in the EU that may further change the GSP a race to the bottom. System. One example is that the prohibition of discrimination may be added as part of the GSP. Foreign direct investment (FDI) is a very important factor in all this, as it is one of the main forces behind the growing power of MNE’s. FDI involves more than multinationals establishing a facility in a country. It includes a wide and complex variety of investments, ventures and co-operation schemes. FDI may be the purchase of con- The national response trolling interests in established enterprises, including privatised state operations, joint ventures with national firms or other MNE’s, consortiums involving several compa- This guide emphasises the role of international trade union co-operation in meeting the nies or other forms of co-operation, including licensing and operating agreements. challenge of globalisation. An important part of making progress at the regional and international levels on establishing a social framework for globalisation and some rules for the global market, is the full and effective involvement of trade unionists in their own MULTINATIONALS - SOME FACTS AND FIGURES countries. Collective action by governments is necessary if globalisation is to mean more • TNCs comprise over 690.000 foreign affiliates established by some 63.000 parent than the sacrifice of social protections and workers’ rights and the erosion of democracy. companies. • Total foreign assets of the top 100 TNC’s amounted to US$ 1.79 trillion in 1997, increasing by 7.2% to US$ 1.92 trillion in 1998. Between 1993 and 1995, foreign assets Democratic governments still respond to national concerns. The success of efforts to re- of the top 100 TNC’s increased by 30%. link social and economic progress will depend on the activities of trade unionists where • Total foreign sales of the top 100 TNC’s amounted to US$2.06 trillion in 1998. Foreign they live and vote. Trade unions must shape the national response to globalisation by sales of the top 100 TNC’s increased by 26% between 1993 and 1995. putting pressure on their governments to support and not inhibit constructing the inter- • Total employment of the top 100 TNC’s amounted to about 12.700.000 in 1998, with national framework. Pressure of the global marketplace and international competition foreign employment at around 6.500.000. • In 1998, 92 of the top 100 TNCs were headquartered in the European Union, the has all too often led many governments to adopt the wrong response by de-linking social USA, Canada or Japan. Only one came from a developing country. and economic progress. • The annual Foreign Direct Investment inflow in 1996 was US$ 359 billion. This increased to US$ 464 billion in 1997 and US$ 644 billion in 1998. It reached US$ 865 Social dialogue between governments, trade unions, employers and other representatives in 1999. So FDI grew by 29.4% in 1997, 38.7% in 1998 and 27 % in 1999. The FDI bodies is also necessary to build consensus over national social and economic develop- inflow for 1995 had reached an almost 6-fold increase over the level for 1981-1985; ment goals and means of action. Strong social institutions, including free trade unions, over the same period world trade increased by little more than half. are vital to the development of human resources and the mediation of disputes about the (source: UNCTAD World Investment Report 2000) allocation of resources.

The competitive advantage will lie with those countries that have strong social cohesion built on investment in education and training, health-care and a sound industrial rela- MNE’s and trade unions tions system, founded on core labour standards. The most successful countries, both The overall behaviour of MNE’s has changed. One trend, for instance, is the change developed and developing, will be those with institutions that are able to balance and of management methods towards more important local organisations. It is often no rebalance the market pressures of ﬂexibility and dynamism with the social pressures for longer a question of one big decision maker at the top and a lot of followers. As security and dignity. People must be entitled to a say on their terms and conditions of companies grow bigger, more responsibilities are given to local management. Sadly, employment, and on economic development. lower national social standards may be one of the reasons for this change. It is this

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context that good and enforceable corporate business principles and some form of The international trade union movement is particularly concerned about excep- global social partnership become important. tions to labour laws and/or practices such as investment incentives. Sometimes such exceptions are part of EPZ creation or may even apply to whole regions or In dealing with MNE’s, it is important, but not always easy, to identify the real countries. As trade liberalisation continues and tariff barriers are reduced, EPZ’s decision-makers in the company. For example, on labour relations issues, the head may become less important elements of development policy. Such a change will office often says that all decisions are made by local management. Local manage- not, however, reduce the temptation to lure investment through exploitation. GLOBALISATION AND SOLIDARITY AND GLOBALISATION ment may say that they have no control because decisions are being made elsewhere. Although, decision-making is, in fact, not the same within every company, More information on EPZ’s can be found in the ICFTU brochure entitled: “Behind the one must assume that there is some role for the parent company. It may be neces- wire”. The brochure is available on the ICFTU web-site: “http://www.icftu.org/displaydoc- sary to establish that the ultimate responsibility is at the headquarters level, espe- ument.asp?Index=990917141”. It can also be obtained through contacting the ICFTU. cially if corporate behaviour violates fundamental workers’ rights. As they grow bigger and more powerful, MNE’s become more important for their This is one of many areas where ITS play a central role. They are the best placed respective governments. They are seen as important contributors to their home organisations for dealing with problems arising out of these complex situations, economy and may become part of government foreign policy priorities. The gov- simply because this is their field of work and they have the experience, informa- ernments of the most developed market economies determine the economic policies tion and necessary connections with unions inside industries all over the world. of the key multilateral financial institutions which in turn promote an agenda of privatisation, deregulation, and encouragement of foreign direct investment, further strengthening the position of MNE’s. Another aspect of globalisation is the increasing power of MNE’s. MNE’s have the power to disrupt collective bargaining agreements or bargaining structures. With the As a direct consequence of privatisation, MNE’s are also playing an important role ever present threat of relocation to countries with low wages, low standards and a low in the public services sector world-wide, where some of them are more motivated degree of organisation, MNE’s are in a strong position to put pressure on trade unions by profit than by service to the public. In many countries, MNE’s already operate and their workers, as well as their governments, to accept whatever they are proposing. in a wide range of areas which have been traditionally part of the public sector. Some examples are: utilities (water, energy, telecommunications and transport), Also a consequence of the new “world order” is the ability for MNE’s to do busi- public services (environmental services such as refuse collection, health care, pris- ness in countries which were inaccessible a few years ago. MNE’s have the possi- ons, housing, social services, etc.) and support services (cleaning, catering, infor- bility to operate in countries where external control of their practices is difficult if mation technology, finance, facilities security, etc.). not impossible (China, for example). Add to this a very complex structure of subcontractors, sub-subcontractors (often with steps further down the line), suppliers, PSI AND WATER outsourcing, networks, etc., and the need for strong international trade union Although PSI (Public Services International) is of the opinion that it is better for essen- structures, with the necessary expertise and financial resources, becomes apparent. tial public services to be provided by governments, it wants both public and private water companies to agree to an international set of standards (the PSI Water Code) that MNE’s and Governments aims to protect this essential service and the workers that provide it from exploitation. More than one billion people lack access to safe drinking water and proper sanitation. The growing role of MNE’s in the world economy has affected the behaviour of Safe and clean drinking water is essential to our world, as are fair labour practices. national and local governments. Sometimes it seems as if there is as much or more competition among governments for investment than there is among companies The Code is a set of standards aimed at public and private utilities currently delivering water services. In addition to recognising labour standards the code sets out safeguards for market share. There are all kinds of incentives, from tax holidays and infras- for safe and clean drinking water, sound systems of sewage disposal and water resource tructure construction to training assistance and special laws. management. It is particularly directed towards private sector companies either operating or planning to operate public water services. The signing of the code reflects a One such incentive is the creation of Export Processing Zones (EPZ’s), also called common effort to address issues related to public service obligations, democratic reg- Free Trade Zones (FTZ’s), which allow parts to come in, be assembled or pro- ulation, environmental standards and fair labour practices. cessed and exported without entering into the domestic economy, thus avoiding customs payments. There is a heavy concentration of women workers in export International instruments and codes of conduct processing zones. They are often subjected to ill treatment and violation of their rights, in some cases extreme exploitation and abuse. Workers in EPZ’s are also There are two major corporate codes of conduct which international business, as usually employed when they are young and are often dismissed after a few years well as governments and trade unions have pledged to support: the ILO Tripartite of service. EPZ’s can be found in all regions of the world. Declaration of Principles concerning Multinational Enterprises and Social Policy

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and the OECD Guidelines for Multinational Enterprises, which has been revised tool for trade unionists discussing codes with employers (see appendix 5). This code in June 2000 (see box and Appendix 4). They both cover a whole range of issues, can also be found at the ICFTU’s web-site: including industrial relations, health and safety, and the environment. “http://www.icftu.org/displaydocument.asp?Index=990917146” More information on codes of conduct can be found in the article ‘The new codes THE REVISED OECD GUIDELINES FOR MULTINATIONAL of conduct’, which is attached as appendix 6. ENTERPRISES GLOBALISATION AND SOLIDARITY AND GLOBALISATION The OECD Ministerial Council meeting in Paris, on 27 June 2000, adopted significant revisions to the OECD Guidelines for Multinational Enterprises originally approved in GLOBAL COMPACT – WHAT IT IS, WHAT IT ISN’T 1976 (see Appendix 4). The revised Guidelines include the full list of workers’ rights as Also part of the Corporate Social Responsibilty debate, but not a regulatory instrument enumerated in the ILO Declaration of Principles on Fundamental Rights at Work. Other or code of conduct itself, is the Global Compact. It is a value-based platform designed changes in the text include a reference to MNE responsibilities related to sub-contrac- to promote institutional learning and social and other dialogue. While it promotes good tors and suppliers, and respecting human rights in general. practice by corporations, it does not endorse companies. The Global Compact involves all the relevant actors, with strong involvement from the beginning by the international Of particular importance was the decision to formally extend the coverage of the trade union movement. Guidelines to include the world-wide operations of multinationals based in countries adhering to the instrument (30 OECD Members, plus Argentina, Brazil, Chile). The idea for the Global Compact was first launched by Kofi Annan, the Secretary General of the United Nations, at the annual World Economic Forum in Davos in jan- The major weakness, however, of the Guidelines in the past had not been the text, but the uary 1999. He asked business to be socially responsible and do its part by “demon- implementation by Governments. Although the Guidelines represent the expectations of strating good global citizenship wherever it operates”. governments from countries that headquarter the largest MNE’s in the world, measures have been weak to promote and encourage respect for the Guidelines. The revision has, Business is called upon to support nine basic principles, derived from the Universal among other things, resulted in a special Procedural Guidance to improve the performance Declaration of Human Rights, the ILO Declaration on Fundamental Principles and Rights of National Contact Points (NCP). They are designed to promote and increase the effec- at Work, and the 1995 Copenhagen Social Summit, and the Rio Declaration of the UN tiveness of the Guidelines and to contribute to the resolution of issues involving breaches Conference on Environment and Development (the Earth summit). of the Guidelines. This can include making recommendations to multinationals on how to implement the Guidelines. It also ensures greater review by the OECD on the functioning These nine principles are: of NCP’s, including through reporting and annual meetings. Human Rights: The global reach of the Guidelines should open up possibilities for improving the behaviour of global corporations beyond the OECD area. 1. Support and respect the protection of international human rights within their sphere of influence; and (see appendix 4 for more on the ILO Declaration and the OECD Guidelines) 2. Make sure their own corporations are not complicit in human rights abuses.

Labour Standards:

There are also hundreds of unilaterally adopted corporate codes of conduct, some 3. Freedom of association and the effective recognition of the right to collective bar- better in content than others. The ICFTU believes that all such codes should include gaining; the fundamental workers’ rights standards incorporated in the 1998 ILO Declaration. 4. The elimination of all forms of forced and compulsory labour; 5. The effective abolition of child labour; and Next to this, there are a number of framework agreements which have been nego- 6. The elimination of discrimination in respect of employment and occupation. tiated by some ITS. Unlike unilateral codes, these are negotiated agreements with procedures to resolve problems. Environment:

7. Support a precautionary approach to environmental challenges; The existence of corporate codes of conduct may indicate some sense of corporate 8. Undertake initiatives to promote greater environmental responsibility; and responsibility or may simply result from brand name vulnerability to public pressure. Regardless of type, it may be useful to know about such codes and to use them 9. Encourage the development and diffusion of environmentally friendly technologies. to help try to change the relationship with the company or open up a dialogue. To engage in the Compact, companies and other appropriate organizations are asked to They may, at times be useful as a way to measure corporate behaviour and seek have their chief executive ofﬁcer or executive director send a letter to the United improvements in that behaviour, particularly as part of larger efforts to get compa- Nations Secretary-General. It should express a clear commitment to support the nies to accept some of the responsibilities of globalisation. Compact and its nine principles, and a willingness to participate in its activities. Participating companies are asked to post on the Global Compact website at least once The ICFTU has developed its own code of conduct which can be used as a reference a year concrete steps they have taken to act on any of the nine principles in their own corporate domains, and the lessons learned from doing so. The Compact also invites participants to work with the UN and its agencies in partnership projects. 38 39 Globalisation UK/144 22/03/02 10:37 Page 40 GLOBALISATION AND SOLIDARITY

Some months following a meeting of Koﬁ Annan with business, a delegation of interna- In spite of the fact that there are a few practical problems with this system, including tional trade union leaders, General Secretaries Bill Jordan of the ICFTU, Fred van the expense of holding international meetings, the complications of trade union plu- Leeuwen of EI, Ron Oswald of the IUF, and Neil Kearney of the ITGLWF, met the UN ralism, and language barriers, regional and world councils continue to be vital trade Secretary General. Their discussions and a subsequent joint statement stressed the need for rules for the global economy and the important role of international social dia- union links. Information technology can facilitate building networks inside compa- logue between trade unions and employers. The joint statement says: nies and can become “virtual” company councils or can contribute to the work of existing structures. Company councils are established and maintained by ITS.

GLOBALISATION AND SOLIDARITY AND GLOBALISATION “Global markets require global rules. The aim should be to enable the benefits of globalisation increasingly to spread to all people by building an effective framework of multilateral rules for a world economy that is being transformed by the globalisation of mar- UNI MULTINATIONAL UNION ALLIANCES kets. The meeting agreed that the Global Compact should contribute to this process by Union Network International (UNI) has for some time grappled with how to tackle and helping to build social partnerships of business and labour.” interface with the ever expanding multinational corporations that are operating in UNI’s sectors. In an effort to co-ordinate the action of affiliates and to put truly global pres- More information can be found on the UN’s Global Compact web-site: sure on these MNE’s, UNI has developed a strategy of Multinational Union Alliances. http://www.unglobalcompact.org and on the “trade unions and the global compact” web-site: UNI is now operating four Union Alliances dealing with specific multinationals. The most http://www.icftu.org/displaydocument.asp?Index=991209234 active of these Alliances are the SBC/Ameritech, Cable & Wireless (C&W), Telefónica, National Australia Bank, Barclays Bank African Alliance, France Telecom, Quebecor Group, OTE and the Atlantic Alliances. They have met on regular occasions and all now publish regular newsletters that are distributed amongst affiliated unions dealing with the specific MNE. All the alliances have also developed and published web pages.

International Industrial Relations These UNI Multinational Union Alliances were established because: • almost all new initiatives by established operators, or new companies, are hostile to Although the economy is global, there is no legal framework for any form of inter- trade union organisation and recognition. national industrial relations. Even the ILO conventions, while developed at the • trade unions have to react quickly to these new patterns of ownership. • the trade union response has to involve genuine international solidarity actions and the international level, are intended to be applied by national governments. The prin- devotion of resources to organising. ciples contained in those conventions, however, are valid for globalisation as well. • trade unions have to pool resources and share information across country boundaries in order to counter the global approach to business displayed by MNE’s. An international framework for social justice should logically include a framework for industrial relations. But just as the earliest trade unions and collective The purpose of the alliances is to: • increase the leverage of member organisations through greater joint activity. agreements preceded a national legal framework, it would be reasonable to • share information and offer solidarity support when any affiliate of the alliance is expect that international industrial relations will evolve as MNE’s become engaged in collective bargaining. engaged in one way or another with international trade union organisations. • undertake common activity to support organising. • provide all possible support from the host country union for members of any other Although there are no legal obligations on individual companies or industries to affiliate who are working in the host country. recognise trade union organisations or engage in negotiations at the internation- Alliance activities have included: al level, limited international social dialogue is beginning, not just in the context • analysing and publishing comparisons of company reports.. of the ILO’s tripartite structure, but with individual enterprises as well. On the • publishing a comprehensive list of the companies’ global investments. trade union side, structures already exist - ITS - which can form part of the basis • analysing and publishing comparisons in the case of Cable & Wireless employment contracts. for international industrial relations at both industry and company levels. • participation in Annual Stockholders Meeting. • international days of action in the case of both the Ameritech and the Telefónica Company Councils alliances. • initiation of European Works Councils. Trade unions already have established world company councils, regional compa- • negotiation and signing of Framework Agreements ny councils and formal as well as informal networks of trade unions representing workers employed by the same company. These are, for the most part, structures A practical example of the Ameritech Alliances activities was that, for the first time in which organise meetings where trade unionists from different countries, but history, leaders of unions from around the world having members in Ameritech compa- working for a common employer, can get together to discuss a wide range of nies, were present at the 1998 Ameritech annual shareholders meeting in Chicago to send a clear message to the company managers and directors. Along with hundreds of issues. They are used for different purposes, from improving conditions at home members of the Chicago-area local unions of the Communications Workers of America through the experience of others to real global co-operation in trade union work. (CWA) and the International Brotherhood of Electrical Workers (IBEW), union leaders from UNI, Belgium, Denmark, Hungary and the USA held a press conference outside the venue and then attended the shareholders meeting. 40 41 Globalisation UK/144 22/03/02 10:37 Page 42 GLOBALISATION AND SOLIDARITY

Ameritech Alliance partners also held an international days of action in June 1998 and At the end of 1997, the UK’s opt-out was reversed, the UK extension Directive was December 1999, with each of the alliance partners taking some form of action in their transposed and it entered into force on 15 December 1999. This increased the number respective countries. On these days, thousands of Ameritech workers all wore the same of companies covered by the EWC Directive to a total of 1,835. By the end of 2000, badge as a symbol of their solidarity and support for the efforts of the Ameritech 640 EWCs were already in operation. Alliance. Fifteen thousand EWC members are now experiencing the needs and challenges of These actions were a huge success showing Ameritech that wherever they may try to international trade union co-operation. For example, among the established EWCs, 32% GLOBALISATION AND SOLIDARITY AND GLOBALISATION operate, an Ameritech Alliance Union will be there. Successful meetings, workers ral- faced a transnational merger or acquisition in 2000. These mergers often increase the lies, marches, news conferences and radio interviews were held. Each of the unions distance between the workers and decision-makers in multinational companies. EWCs involved concentrated its efforts on their local concerns as Ameritech workers. These have the opportunity to build bridges here. included support for jobs and the right to organise, ensuring that the company invests in its people by giving them training, education and personal development, retaining col- The increasing co-operation between the employee representatives from different coun- lective bargaining agreements and limiting contracting out. The December 1999 action tries also lays new foundations for international trade union solidarity. Trade unionists day concentrated on working time. within the same enterprise no longer just hear about one another, they also meet in EWCs, talk together, and develop joint action. Yet language difficulties, cultural differences A similar international solidarity day was held by the Telefónica Alliance in January 1999. and different industrial relations systems can create obstacles. To overcome this, trade This led to further action which culminated with the signing of a framework agreement fol- unions are organising co-ordination, training and support for their members in EWCs. lowed in April 2001 by a Code of Conduct between UNI, the Telefónica unions and the Telefónica company. These agreements were also instrumental in ensuring that there was There is a clear trade union trend towards supporting EWCs and demanding improve- consultation between the company and unions over restructuring in Chile in July 2001. ments in the Directive on which they are based, and there are high hopes for this revision of the EWC Directive. Another notable development is the number of eastern Another alliance activity carried out by UNI is the analysis of the different collective European and extra-European members joining the EWCs. employment contracts of Cable & Wireless operating companies. The analysis showed that Cable & Wireless workers are better off when they are part of a collective employ- The search for successful EWC co-operation means a steep learning curve. Most of the ment contract and that the standard individual contract that is being offered to Cable & councils have been set up since 1996 and still need time to develop their potential. But Wireless workers in the United Kingdom is most definitely inferior. It also showed that continuous progress is being made, reflected in the growing number of EWCs and, most there are significant discrepancies between the conditions being offered in different of all, by advances in the way they work. C&W companies, even though they may be operating in similar geographic and economic areas. (by Peter Kerckhofs, ETUI)

The C&W working group intends to use this information to ensure that there are minimum conditions of employment for all C&W workers regardless of the country of Framework Agreements operation. Framework agreements negotiated between MNE’s and ITS are agreements on certain principles which, while they do not constitute collective bargaining agreements in the same sense as agreements reached at the national or local levels, pro- Inside the European Union, under the European Works Council Directive, a system vide a rights framework to encourage recognition and bargaining to take place at is in place which requires multinational enterprises to have meetings with represen- those levels. tatives of the workers for information and consultation purposes. (see box below) There are many possible structures, involving different types of information and consultation arrangements and the inclusion of one or more references to internationally recognised standards. The ILO conventions 87 and 98 on the right to EUROPEAN WORKS COUNCILS organise and collective bargaining are of particular relevance in this process. The European Works Council Directive (EWC) requires every company employing Follow-up, review, and monitoring mechanisms may also be incorporated. more than 1000 workers in the EU, with over 150 in at least two member countries, to establish an EWC. The EU’s Council of Ministers adopted the Directive on 22 September 1994, and exactly two years later it entered in force, via transposition laws, More information on framework agreements can be found the following article in 14 EU member states plus Norway, Iceland and Liechtenstein. on the ICFTU web-site: http://www.icftu.org/displaydocument.asp?Index=991209382. Even before the EWC Directive took effect on 22 September 1996, 430 European Works Councils were already operating, in around 400 different multinational companies. Some large ﬁrms, active in a variety of economic sectors, opted to establish several councils at branch level. The very ﬁrst EWC came into being in 1985 in the French multinational. Nevertheless, many companies that are covered by the EWC Directive have yet to create an EWC.

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PART II THE DANONE - IUF AGREEMENT A significant breakthrough in international industrial relations are the agreements THE INTERNATIONAL DIMENSION between the IUF and the French food industry giant Danone (formerly BSN). In 1988 the General Secretary of the IUF and Director of Human Resources of Danone OF TRADE UNION WORK signed a "Common Viewpoint" which pledged both management of the MNE and the trade unions representing Danone employees to work jointly in five areas: training Part II focuses on some of the most practical aspects of international solidarity includ- GLOBALISATION AND SOLIDARITY AND GLOBALISATION and skills development, access to company information by trade unions, promoting gender equality, trade union rights and employment. ing the importance of affiliation to international organisations and the basic suggestions for requesting and providing assistance internationally. Part II also stresses the Since the adoption of this pioneering agreement the company meets annually with vital role of obtaining and sharing information as well as some elements for success trade unions grouped under the banner of the IUF. Progress has been made to flesh in international trade union campaigns. out the meaning of union - management co-operation in each of the five areas through a series of "framework agreements" reached internationally but whose 6. SOLIDARITY, NOT CHARITY implementation is left to bargaining at either the national or local level. In 1989 "framework agreements" were reached spelling out the minimum social and eco- Whether they know it or not, workers who try to organise a trade union or who find nomic information that workers and their trade unions would need in order to understand their respective divisions of the company and an agreement on equal themselves in a difficult collective bargaining situation, have trade unions all over the treatment between men and women which pledged the formulation of an action plan world on their side. International trade union solidarity can give strength to workers and joint initiatives to achieve this goal. in crises and in more and more cases each year, it has made a difference. But international solidarity means more than answering calls for help from workers in desperate In 1991 the IUF and Danone announced the development of joint training programs situations. International solidarity includes a wide range of mutual assistance. and in May 1994 the IUF and Danone signed an historic charter on trade union rights in which Danone agreed to guarantee the full exercise of recognised trade union rights throughout all of its operations. In 1996 came another historic agreement to Trade unions can show solidarity by sharing information about the common constitute a global Information and Consultation Committee, made up of manage- employer with trade unions in other countries. Trade unions, by consulting with ment representatives and trade union delegates under the co-ordination of the IUF, their foreign counterpart before making decisions that affect the members of their with regions outside Europe being represented by the IUF Regional Secretaries for counterpart unions, are also showing solidarity. Ensuring that the international Africa, Asia/Pacific, Latin America and North America. This Committee is mandated activities of a trade union also contribute to the strengthening of the organisations to negotiate and implement practical measures on a wide range of policy issues. This of the international trade union movement is showing solidarity as well. was followed in 1997 by the signing of a “Joint Understanding in the Event of Changes in Business Activities Affecting Employment or Working Conditions”. Recognising the international dimension The experience has been that local managements are not always prepared to put into effect many of the innovations in the framework agreements and that progress made The foundation of international solidarity is the recognition by trade unions that there at the local level is not always reported to the IUF. Nor have all trade unions taken is an international dimension to their work. At the very least, consideration of the advantage of the opportunities provided by the framework agreements. For instance, international dimension should take place where there are any international commer- although the company employs a high proportion of women in its manufacturing facil- cial connections. Such connections may not be readily apparent. Sometimes there is ities, only a few women's committees have been established at workplace level and an international solution to a problem with no international aspect. For instance, few have been established within the unions. Nevertheless, the agreements have led respect for trade union rights is always an international concern. to concrete programs with respect to equality and training at the local level and they are steps that build the international industrial relations that trade unions will need to meet the challenges of MNE’s. The lesson is that understandings between trade IS THERE AN INTERNATIONAL CONNECTION? unions and MNE’s reached internationally increase rather than decrease the impor- There are many situations where international solidarity may help to resolve a serious prob- tance of local trade union organisations. lem or dispute with a company and where international co-operation should be considered.

A company may be: • committing violations of trade union rights; • a multinational enterprise, in particular, one with other organised locations; • a multinational enterprise covered by an ITS framework agreement; • a supplier to a multinational or foreign company; • a subcontractor of a supplier or even further down the production chain; • performing work inside a country under contract with a foreign company or government or with international bodies; • operating in a sector which is dominated by multinationals; • active in a sector where there are certain standards (perhaps set by multinationals);

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• involved in export; Of course, international solidarity is not a substitute for strength at the work place • involved in import; or for proper planning and strategy in dealing with an employer. In fact, the inter- • wholly or partially owned by international investors; national dimension should be part of the planning process and incorporated into • financed by foreign capital (including pension funds); the trade union’s overall strategy. • subject to consumer pressure in other countries; • considering expanding abroad or engaging in activity linked with the global economy; • a company which claims to operate in an ethical manner and be sensitive to worker The first step is to join and human rights (this may include having a corporate code of conduct); It takes much more than a speech, a resolution or a good intention to build an • sensitive about its image abroad; • located in a country where foreign governments and international organisations may international trade union movement. Following the same logic as in building any be involved in influencing government policies. trade union, the first step is to join. Just as workers build permanent, independent and representative organisations that are trade unions, the international trade union movement is built with permanent independent and representative organi- In placing demands on workers, many employers, including multinational compa- sations. The legitimacy of trade unions as the representatives of workers comes nies, find it convenient to appeal to national interests by stressing international from the extent and involvement of their memberships and their democratic struc- competition. Just as workers must distinguish between those interests they share THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE tures. The ability of a trade union to represent workers requires legitimacy, but it with the employer and those they do not, trade unionists must distinguish where also requires a permanent and independent organisation established and support- purely national considerations are the most important and where they are not. ed by the workers themselves. For workers and their trade unions, the logical Recognising the international dimension means recognising that globalisation is response to globalisation is to strengthen the permanent and independent organi- increasing the occasions where international solidarity applies. sations that constitute the international trade union movement.

Ideally, every national trade union should have someone who deals with interna- Solidarity, unlike charity, is a two-way street. It means accepting mutual responsi- tional questions and who is responsible for contact with international trade union bility. The essence of solidarity is mutual aid. And the most effective and mean- organisations. It is essential that the person or persons responsible for interna- ingful assistance to workers can be delivered through organisation. Affiliating to tional affairs work closely with other parts of the trade union involved in such the appropriate international trade union organisation is an important step areas as organising, research and collective bargaining, so that international con- towards international solidarity. tacts and solidarity become an integral part of trade union life. If there are local structures which have the responsibility for dealing with companies, they should Of course, joining is only the first step. Participating in meetings, solidarity actions be connected in some way with the person or persons who are responsible for and campaigns, following-up requests for or seeking information, responding to international work. questionnaires and circulars are all part of building a strong international trade union movement. International affairs should be a regular part of trade union education. Workers should not be dependent exclusively on the press, employers or the government for information. The union has a duty to provide the opportunity for members to become informed about all aspects of trade unionism. Just as international soli- THE ITF CAMPAIGN AGAINST UNION BUSTING IN THE AUSTRALIAN darity is becoming more important, so does the need for including international PORT INDUSTRY issues in the labour education programmes of trade unions. Experiences show Prior to the dispute described in this account, the Maritime Union of Australia (MUA) already took that, once trade union members, including shop stewards and other officers, are strike action against the introduction of legislation outlawing secondary boycott action by Australian unions, a major concern being the effect the legislation would have on the Australian unions’ exposed to international solidarity questions, they quickly appreciate their impor- involvement in the ITF Flags of Convenience Campaign. tance. Trade unions should therefore consider organising courses on international trade union activity, with a priority given to practical solidarity action. In what was clearly a concerted attack by the government on the union’s existence, from September 1997 on, a series of attempts were made to introduce non-union cargo handling operations on the Australian coast. On each occasion, international support action co-ordi- Training trade union officers and staff to function internationally may also be nec- nated by the ITF with effective back up from the ACTU (Australian Council of Trade Unions, essary. Although learning about international trade union work is not difficult, the Australian affiliate of the ICFTU) and ICFTU was successful in defending the union. nobody is born with this knowledge. In some circumstances, there may be a need to include language training. One potentially valuable way to further develop the In September 1997, the first shot was fired when a new stevedoring company in the port capacity for international work is to send members of staff to the headquarters of of Cairns attempted to replace MUA members with non-union dockers. Rapid international support organised by the ITF, involving seafarer and docker affiliates in both Singapore and an international trade union body or a trade union organisation in another coun- the United States, resulted in the non-union contract being cancelled and in a major public try to learn and work for a period of time. relations disaster for the government, which had admitted that it was backing the scheme.

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A second and even more extraordinary dispute developed in December when the MUA ITF affiliates did not need the ITF to tell them what to do however, and they continued to discovered that a group of serving Australian soldiers had been flown to Dubai in the take action. Demonstrations in support of the MUA took place outside Australian United Arab Emirates (UAE) to undergo training in the operation of cargo handling equip- embassies in several countries including Japan, Korea, India, the Philippines and Russia. ment. This activity, organised in a country where trade unions are illegal, was clearly designed to train strike breakers beyond the reach of the ITF. Following several days of On 17 April, the English High Court discharged the temporary injunction against the ITF, activity in which the UAE government and the world’s ship operators were clearly warned calling it "palpably unjust". Referring to a famous legal ruling that industrial action needed that all Dubai shipping faced possible action by ITF unions if this scheme went ahead, a del- to be immediate to be effective, the judge took the view that the whole sacking exercise egation consisting of National Secretary of the MUA, the ITF General Secretary and the had been planned in advance by Patrick Stevedores which should have given the ITF prop- ITF Dockers Section Secretary visited the UAE Embassy in London on 12 December to er notice of the injunction and that it would be unjust to continue to give Patrick raise the ITF's concerns with Embassy staff. Stevedores the benefit of what was clearly intended as a pre-emptive strike.

At the same time, strong support statements were made by the ACTU in Melbourne and This was followed by a series of court rulings in favour of the MUA. On the ICFTU in Brussels and a resolution of support was adopted by the Workers Group at 23 April, the Australian Federal Court upheld the injunction ordering Patrick Stevedores the ILO Regional meeting in Bangkok. Twenty-four hours later the UAE government to reinstate its workforce (on the same day legal proceedings pending against the ITF in announced that the scheme was being suspended and the visas of the trainees cancelled. the English High Court were withdrawn by lawyers acting for Patrick Stevedores).

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE In January 1998 it became clear that the Cairns and Dubai operations were simply prepa- Although this ruling was appealed twice in the High Court, re-instatement of the workers rations for a major assault on union conditions in Australian ports, organised, with gov- was finally ordered on 4 May. ernment backing, by the National Farmers Federation (NFF), an ultra-conservative agricultural producers body. The NFF announced that it had agreed with one of the two main On 7 May, a month to the day after they were forced from their workplaces in the mid- stevedoring companies to lease a part of a terminal in Melbourne in which it would use its night raid, MUA members were back at work. The ITF sent £25,000 for the support of MUA members' families, who worked for free pending settlement of the dispute. own (non-MUA) workers. The ITF once again made clear that any ships using this facility would be targeted for action world-wide. Various legal threats were made both by the On the same day the ICFTU submitted a Freedom of Association complaint to the ILO NFF and by the government against the MUA and the ITF. against the Australian government on the grounds that the workers were sacked because they were members of a union. The ITF and the ACTU supported the complaint. On April 7, the dispute escalated massively. Without any warning, all dockworkers employed by Patrick Stevedores Inc. (a total of over 2000 people) were dismissed. Security However, attacks against the union continued. On 23 May the Australian Competition and guards with dogs moved into the facilities to remove workers forcibly. Several were Consumer Commission announced it was seeking an injunction against the MUA to pre- injured. At the same time, non-union workers, trained over the past few weeks by the NFF vent any international ban of ships or any domestic boycotts. At the same time Patrick in Melbourne were brought into key facilities to begin operating cargo handling equipment. Stevedores applied to the Federal Court to have the union's registration cancelled and damages sought under the Trade Practices Act. Although initiated by Patrick Stevedores, a subsidiary of Lang Corporation, this move clearly had the full support and encouragement of the Australian government. Workplace The ITF asked affiliates to keep up international pressure until a union-backed settlement Relations Minister Peter Reith issued a press statement welcoming the sackings at the was reached. Demonstrations and solidarity action by affiliates continued. The ‘Columbus same time he was officially informed of them. The government raised a bank credit of A$ Canada’, loaded by Patrick Stevedores non-union labour in Australia, arrived in May at the 250m to finance the substantial redundancy payments which would have been due to the Port of Los Angeles. ITF-affiliated ILWU longshore workers refused to cross a mass soli- workers under their collective agreement. The company and the government thereby darity picket line of some 1,500 labour and harbour community activists. The ship was made it clear that they had declared war on the union. stranded off the US coast for over two weeks and was eventually obliged to return its non- union loaded cargo, including up to 60 containers of meat and dairy products, to Australia. In response to the waterfront invasion, legal action was taken by the MUA, who obtained a Federal Court injunction outlawing the sackings. The ruling was declared unenforceable Reports were also received in May that one of the vessels loaded with non-union labour, by Patrick Stevedores so the MUA was forced to continue the battle in the courts. the ‘CGM Gauguin’ was diverted from Bombay after the ITF affiliated dockers unions there warned it would be targeted. On 11 May, hundreds of demonstrating Japanese trade Meanwhile, the ITF had immediately announced its support for the union and informed its unionists met the Australian ‘Endeavour’ to protest about the use of non-union stevedor- affiliates about the case. Members of the International Longshore & Warehouse Union on ing labour to work the ship in Australia. Similar gatherings took place in Yokohama on 8 the West Coast of the United States were arrested on April 8, during protests in support May and 10 May in Nagoya. of the MUA. Japanese dockers included support for the MUA in their spring offensive, after a mass meeting on the evening of 8 April, and the ITF's seafaring affiliate in Japan, the AJSU, Final agreement was reached between the MUA and Patrick Stevedores at the beginning donated 1 million yen (US$ 7,700) to the MUA to assist the families of the sacked dockers. of September 1998. The agreement included the payment by Patrick Stevedores of financial guarantees demanded from the union by the Australian Competition and Consumer On 10 April there came an unprecedented legal attack in the English Courts on the right Commission. As a result of the agreement, which included generous voluntary severance of the ITF to carry out its central function of co-ordinating international solidarity. Patrick packages for workers leaving the industry and the maintenance of union agreements for Stevedores, with the obvious connivance of the Australian government, secured a tempo- Patrick Stevedores employees, all outstanding legal action have been ceased. In London, rary seven-day injunction in the English High Court designed to stop the London-based lawyers for Patrick Stevedores withdrew the outstanding legal proceeding against the ITF ITF Secretariat from taking any action against Patrick Stevedores' economic interests. and agreed to pay approximately £120,000 of the ITF’s legal costs.

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Who joins what? tional support in disputes. The affiliates of ITS should be the focal point for chan- nelling information and requests in this process, on their own behalf and on behalf The building blocks of the international trade union movement are national trade of the local level union structures that may be the primary party in the action. union organisations, that is national unions and national centres. These are the organisations that affiliate with the international trade union organisations. Sometimes trade unions represent workers in more sectors than are covered by a sin- National centres, which group the trade unions in a country in order to provide a gle ITS. In such cases, it is important for the trade union to affiliate with and par- voice for all workers in the communities of their respective countries, have their ticipate in more than one ITS. Unless this is done, not all of the members of the union own international organisation, the International Confederation of Free Trade will be represented internationally and they will not benefit from these services and Unions (ICFTU). The ICFTU, a democratic organisation representing the over- international links. Generally, trade unions with membership in different sectors - as whelming majority of the world’s trade unions, is the leading international trade those sectors are divided internationally - should affiliate to the various ITS on the union organisation for national centres. basis of the members the trade union represents in a given industry or sector.

Just as national centres provide the collective voice for workers to inﬂuence the Through working with an ITS, valuable bilateral relations with afﬁliated trade

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE policies of governments in their respective countries, the ICFTU provides the voice unions in other countries may be established. This can complement the solidarity for workers with international organisations such as the various bodies of the which is provided by the ITS itself. In some circumstances, the national centres can United Nations system. Just as national centres are the means by which trade also be very helpful in assisting their affiliates with international work and in unions forge common policies, the ICFTU is the vehicle for the world’s trade unions establishing contacts with other unions. to achieve common ground. Just as national centres defend the right of workers to join trade unions and work to ensure that trade unions play an important role in The ITS share common principles with the ICFTU but they are autonomous national economic and political life, the ICFTU fights for the universal application organisations composed of, and controlled by, affiliated national unions. There are of workers’ rights and promotes the role of trade unions everywhere. many differences in ITS structures and in the services provided by them. These reflect their respective histories and traditions, as well as the nature of the indus- More than ever, workers must engage the intergovernmental organisations that tries or sectors in which they work and the trade unions which they represent. can shape international economic and political relations and policies. But, just as trade unions must assert their legitimacy in order to sit at the bargaining table, the Descriptions of each ITS can be found in the box entitled ‘which is my ITS?’ in struggle to win a seat where the international framework for globalisation is part I, chapter 2 and also in appendix 1. formed, requires organisation.

Moreover, the struggle for trade union rights is an international struggle that THE IMF - THE GLOBAL UNION FOR METALWORKERS requires a global voice for organised workers. The ICFTU provides the link The International Metalworkers' Federation (IMF), founded in 1893, represents almost 23 million members in 193 unions in 101 countries world-wide. Headquarters between those countries where trade unions rights are respected and those where are in Geneva, Switzerland, where world-wide activities are co-ordinated with a net- they are not. This role could not be played if the ICFTU represented state-con- work of regional offices in: Eastern and Southern Africa (Johannesburg), Asia (Tokyo, trolled or employer dominated labour organisations. New Delhi and Kuala Lumpur), Latin America (Santiago, Chile). In recent years, particularly in view of the globalisation of the economy, emphasis has been on develop- These same functions are performed on a regional basis by the ICFTU organisa- ing regional activities. tions composed of national centres in these regions: AFRO in Africa, ORIT in the The IMF is one of the largest and oldest of the International Trade Secretariats, organ- Americas and APRO in Asia. ising workers, both blue- and white-collar, in industries such as steel, non ferrous metals and ore mining, mechanical engineering, shipbuilding, automobile, aerospace, electri- The international organisations of national trade unions, the International Trade cal and electronics. Secretariats (ITS), group trade unions by industry or sector. Because ITS afﬁliates The thrust of IMF activities is determined by the Action Programme adopted at the are directly engaged with employers, the ITS are the international trade union IMF's 29th World Congress, in San Francisco in 1997, in which a strategy was drawn up organisations with the closest contact and familiarity with multinational and other for, among other priorities: building a global metalworkers' movement through organis- enterprises. For trade unions, the ITS are the best international sources of informa- ing the unorganised and giving international solidarity more impetus; dealing with MNE’s tion about industries, sectors and enterprises. They are also the best means for trade through negotiating corporate codes of conduct and creating information strategies; unions to share this kind of information internationally and they are the primary implementing countervailing union power through developing an alternative economic programme, securing workers' rights, and ensuring that economic development is sus- and best means for engaging the common employer internationally. In almost all tainable. Forty percent of the IMF's income is earmarked for international solidarity situations, they are the most effective means for a trade union to obtain interna- assistance and is used to help newly established unions to develop.

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Using modern communication techniques, the IMF keeps abreast of developments in the 7. PRACTICAL INTERNATIONAL SOLIDARITY metal industry, servicing its member unions by research on economic and social issues, providing educational background and monitoring trade union and human rights in the International solidarity works, particularly if it accompanies and supports effec- metal industry. The IMF publishes comprehensive reports on trends in international tive national action. In some countries, the mere threat of action by international metal industries. It also produces a quarterly magazine, Metal World, as well as provid- trade union organisations has been sufﬁcient to achieve settlements, secure the ing the NewsBriefs service, a weekly newsletter by e-mail, to keep its afﬁliates well informed. reinstatement of sacked union leaders or end legal attacks on unions.

In addition to organising industrial and regional conferences, the IMF brings together The range of international solidarity trade union representatives to discuss international union policy on subjects such as working time, new technology, industrial democracy and workplace health and safety. Perhaps the best known part of international solidarity is the co-ordination of protest The IMF, jointly with its afﬁliated unions, has organised many meetings of World or solidarity messages, but it is much more than that. It involves other activities, includ- Company Councils, bringing together workers from the same company employed in dif- ing participating in international campaigns, establishing contacts or organising meet- ferent countries. The IMF also defends the interests of metalworkers in bodies such as ings between those trade unions which represent the workers employed in the coun- the ILO, the OECD and various United Nations agencies, as well as in discussions with ofﬁcials of the World Bank and the International Monetary Fund. It is an active partner tries where a multinational company operates. It may also mean co-ordinating publicity, exchanging experiences, intervening with inter-governmental and other organisa-

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE with other ITS and the ICFTU. tions, or participating in world or regional company councils and other formal and informal networks of trade unions organised around speciﬁc multinational companies.

Solidarity can also be ﬁnancial, although means may be limited. Trade unions may face massive costs because of attacks by employers or governments, ﬁnes or other legal actions which threaten their ability to defend their members’ interests.

In recent years, there has been a significant tightening in legal restrictions on union rights to take industrial action around the world. Secondary boycott action and other forms of solidarity have been amongst the principal targets for anti-union legislation. Employers have also become much more aggressive in using the law. Sanctions that can be used against trade unions for even minor breaches of the law are often out of all proportion to the seriousness of the action, including huge fines for damages, seizure of assets or even imprisonment of officials.

It is clear that trade unions must work vigorously to amend and repeal these anti- union laws and to secure the right to undertake solidarity action both nationally and internationally. Globalisation should not combine increased freedom of action for companies across boundaries while restricting the rights of workers to act globally. Experience shows that the law can also be an excuse as well as a genuine reason for not taking action. It is much easier to simply say “the law prevents us from doing anything”, rather than “we can do the following”. As some doors close, others may open. Delivering effective international solidarity action should mean concentrating on what can, rather than on what cannot be done.

Solidarity does not necessarily have to be prompted by a dispute. There is also the work of anticipating and preventing disputes through, for example, established relations with a company which may include a global agreement. Solidarity is a way of thinking which is best expressed through democratic organisation and participation.

Requesting and showing international solidarity The essence of solidarity is requesting and providing assistance. These acts are rarely as simple as they sound. The amount and quality of help offered is inﬂu-

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enced by how it was requested. For trade unions, requesting and showing inter- international level is the importance of respecting the structures of, and relationships national solidarity involves many of the same principles that apply nationally, but between, trade union organisations. Trade unions are democratic organisations. there are also some important differences. Respecting other trade unionists’ structures is not being bureaucratic, it is simply respecting trade union democracy. Sometimes trade unions, in attempting to request Appreciating differences or show international solidarity, do things that they would not think of doing with- One important difference is really only a matter of degree. It is easy to over-esti- in their own countries. Often, the reasons for this are unfamiliarity with other coun- mate the understanding that trade unionists in other countries may have of any sit- tries or with international organisations. Sometimes, in an emergency, appeals for uation. Trade unionists often think that things must work about the same way in help are made to anyone and every one and insufficient attention is given to the other countries as they do at home. One should not assume that trade unions in importance of informing or consulting the various organisations that should be other countries will understand every system of industrial relations or the labour informed or consulted first. Although such action is understandable, these simple practices in another country. Lack of understanding by others of specific, relevant oversights may mean that valuable time is lost owing to unnecessary misunder- standings. It is best and most effective to apply a sort of trade union golden rule - features of laws or practices can limit the effectiveness of solidarity. In showing treat others the way you would like and expect to be treated. solidarity, foreign trade union organisations may need to answer questions about

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE industrial relations and labour practices in the country concerned. Such questions Both in requesting and showing solidarity, it is important to keep the fabric of could arise, for example, in meetings with the company concerned, its overseas affiliations and counterparts in mind. The ICFTU and ITS have identified the fol- partners, government officials or the media. lowing situations where informing and consulting other trade union organisations is especially important for successful international trade union co-operation: This also applies to the details of a particular dispute. What may be widely reported or is common knowledge in one country may not be reported or known at all 1. Trade union counterparts should be informed and consulted when contacting in other countries. Even the ITS, which is likely to have more information, cannot non-trade union organisations or trade union organisations in other countries be expected to have all the relevant details unless they are provided. Failure to pro- that do not share a common international affiliation; vide full and accurate information has on occasion led to serious setbacks for the 2. National trade unions should involve their national centre when contacting trade union seeking help. This has occurred where trade unions, sending solidari- national centres in other countries; ty messages or making representations to the home country management of an 3. ITS affiliates should inform the ITS of bilateral requests for assistance; MNE, have had their facts challenged or corrected by the government or the 4. National centres should inform the ICFTU and its regional organisations of MNE. In the most serious of these situations, the basis of solidarity is destroyed requests for assistance made by organisations from other countries; and along with the credibility of the trade union seeking help. At the very least, the 5. When solidarity actions or campaigns involve at least one national centre or the government or MNE has been provided with an excuse. ICFTU, national centres in other countries where assistance is sought should be informed or included in the campaign. Trade unions requesting trade unions in other countries to undertake specific activities may, at times, be disappointed by the response their requests receive. Some activities, National trade unions have several routes to request and show solidarity - through the which in the eyes of the requesting organisation would seem to be very effective, are national centre, directly with foreign counterparts and through their ITS. As already sometimes not possible or appropriate in other countries. On the other hand, trade stated, in cases involving particular companies, the most efficient means of securing unions in other countries may be able to achieve the desired result by using other means. international co-operation is nearly always to begin to build support through the ITS.

Another difference in international activity is the time that it may take to get Although in some cases it is possible that the ITS and others may not be able to something done. Because international meetings are expensive and take a long help, one should not assume that this is the case. In addition, if a trade union dis- time to organise, they are not held very often. Good working relationships covers that the international relationships of an employer are outside of its indus- between individual trade unionists in different countries often take some time to try and beyond the jurisdiction of its ITS, the union should go ahead and contact develop. Other practical problems such as language differences can also add time. the ITS anyway. ITS have relationships with one another and work together in Because the required time and effort to provide information, assistance or co- many such situations. The ITS also co-operate with the ICFTU, the TUAC and ordination may be greater than anticipated, the importance of contacting inter- others. In many circumstances, national centres can, and do, contribute to international organisations early should not be under-estimated. national solidarity on speciﬁc disputes with companies.

Respecting structures In very serious cases, it may be useful if a representative of another trade union, which One way where requesting and showing solidarity is similar at both the national and has a collective bargaining agreement with the parent company, and/or an ITS repre-

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sentative visits the union and personally learns, on the spot, about the dispute or The ITS must have a clear idea of the nature of the dispute. In general, ITS afﬁliates are problem. This may also considerably strengthen the commitment to and effectiveness more likely to respond more forcefully to requests for intervention when the dispute of international solidarity action. Another way is for workers or ofﬁcials from the concerns basic principles like trade union rights or union recognition than if it is over a collective bargaining issue which is not an issue of fundamental rights. Accurate infor- union in dispute to visit, with ITS backing, other countries to generate solidarity. mation will help to choose the most effective response.

A few general principles for contacting the ITS, which make international solidar- 4. Make regular reports of developments. ity work easier, are mentioned in the checklists on requesting and showing soli- In order to evaluate the effectiveness of solidarity actions and to keep the unions which participate in those actions fully informed at all stages, the ITS must receive darity. Of course, the general principles in these checklists should also be applied regular reports from the union requesting the intervention. The ITS needs to be by national centres in their relationship with the ICFTU. informed promptly of any significant changes or escalation in any dispute. The ITS must know if and when a dispute has been resolved, and should be advised of the terms of settlement. Win or lose, solidarity partners in other countries should be REQUESTING SOLIDARITY: A CHECKLIST thanked for their help.

1. Give early notice. 5. Appoint a co-ordinator. If it is anticipated that a strike or major dispute could arise, send complete background It is a very good practice to designate a single person in the union to co-ordinate com- THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE information to the ITS, if possible before the crisis begins. Too often requests for action munications with the ITS concerning a dispute, to make these communications as efﬁ- are made after the conﬂict is already so advanced that the possibilities for effective inter- cient and direct as possible. national intervention are limited.

In principle, the ITS should be informed of any serious problem in any MNE subsidiary or other related subsidiary and related problems with governments. The information may be useful for some other affiliate or, in some unexpected way, in another context. SHOWING SOLIDARITY: A CHECKLIST 2. Provide complete information on the company and the dispute. 1. Respond on a routine basis. The full name of the local subsidiary or related unit, the name and title of its CEO (Chief The most frequent request for solidarity is a request to send a letter, fax or e-mail message, Executive Officer), full address, telephone, fax numbers and e-mail addresses, plus what- based on information contained in the circular describing the specific situation. Many ITS ever the union knows about its precise relationship to the MNE. Is it a wholly owned sub- affiliates respond to nearly all requests for solidarity messages. sidiary, a franchise, a joint venture or does it have some other relationship with the MNE? Which are its products, its major suppliers, its major customers, its bank connections? In many situations, the timely arrival of a sizeable number of protest or support messages can have a positive impact. How many employees are there and how many are engaged in the conflict? What is the background of the conflict? 2. Try to meet specific requests. There may be times when your organisation will be the only good source for specific It is of particular importance that the ITS is provided with accurate and full information. information on a particular company or subsidiary in your country. An ITS may receive many If an intervention is made and some aspect of the information is wrong or incomplete, requests from affiliates for information on trade union organisation within a MNE. it is likely to undermine the credibility of the trade union claims. Mistakes or incomplete Sometimes the ITS does not have that information on file. In other cases, one affiliate asks information can be very damaging. If, for example, during a dispute, a company has found the ITS to transmit a request to another affiliate in the company’s home country, so that they to be in violation of the law, but the union has also been found at fault, both pieces of intervene on its behalf. While it is not always possible to meet such requests, the ITS must information need to be supplied and explained. be able to report back to the affiliate making the request to say what, if any, action was taken.

Even if the information is absolutely accurate, it may not be of much use if it is not well 3. Advise the ITS on what it can do to facilitate your responses to requests for documented. It is often the details which are convincing and which make a conﬂict come solidarity actions. alive to trade unionists in another country. The same good practice for trade union For example, where there are language differences, it may be of help for the ITS to work at home, posing and answering all the right questions starting with why, when, provide a model letter in the appropriate language. Tell the ITS precisely what it should where, who and how apply to making an international case. If some form of complaint demand/request and/or what action you are seeking from the MNE, the government or might need to be submitted, whether it is to a supervisory body of the ILO or through others. channels which may be available through an ITS, it is particularly necessary to have all 4. Send copies of messages, and information on any other action taken, to the ITS. the details and not a vague recollection of what happened. This helps the ITS provide updated information on actions, and to evaluate the status of a speciﬁc action. This also includes sending press releases. Equally important is the speed with which things can be done. If fax numbers can be provided, or even better, e-mail addresses, action can sometimes be taken almost instantly. As some actions will be urgent, this may improve the chances for success considerably.

3. Indicate what do you want the ITS and its afﬁliates to do?. Solidarity actions may require a variety of tactics. What works in one situation may not work in another. It is important to have a clear idea of what you think will be effective.

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Trade unions which are effectively involved in international work take the ITS 8. COMPANY INFORMATION AND RESEARCH work seriously, including helping other trade unions whenever they can, even if it is something as simple as a message of solidarity from time to time. Such active Globalisation not only means that there is now an added dimension for trade union unions are, of course, the best placed to receive solidarity help from others. work, it also greatly increases the importance of work that many trade unions already International work should be more than the ﬁre brigade or ambulance function. It do. In two basic areas of trade union work, organising and collective bargaining, the presence of a multinational enterprise often means additional research and preparation. is building ongoing relationships, support, and understanding, which will help everybody do better work in our common trade union mission. No group of workers has a guaranteed immunity from attacks on jobs, union rights or working con- Finding information ditions. In some cases trade unions depend for their very survival on the ability of If unions want to take advantage of whatever international connections may exist, it is unions in other countries to deliver solidarity when it is needed. necessary to do at least some basic research. This does not mean that trade unions must have full-time professional researchers. Much basic research does not have to be costly or time consuming. It may be enough in certain cases to have some experience with SOLIDARITY MESSAGES WORK research and to know how and where to obtain information. One example of the effective use of solidarity messages concerned Coca-Cola in Poland. At

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE the time, efforts were made by local management to deny that Coca-Cola was an organised As most ITS play an important part in company research and in documenting working company elsewhere. This denial was met with numerous solidarity messages to Solidarnosc, conditions in the industry or sector, participation in ITS meetings, exchanging docu- the ICFTU’s Polish affiliate, from IUF affiliates representing Coca-Cola workers. This was all ments, good personal contacts and relations are all of great value for building valuable that was needed to gain recognition. Through the intervention of the IUF, Coca-Cola met with Solidarnosc and considerable progress was made, including an agreement to establish background information. The ITS may be able to help with research or provide tips to health and safety committees in company facilities. affiliated unions about gathering information. They are also the source for a great deal of information on companies and industries, not only facts and figures, but insights into corporate practices and cultures. Often the answer to the most difficult questions lies in knowing the right person who can assist in getting it. The ITS may be the best source for a variety of contacts including other trade unions, friendly organisations, local companies or MNE’s. As solidarity is always a two-way street, it is not only important to have good relations with ITS and their contacts, it is also important for trade unions to have resources and to serve as contact points themselves. Research is not only important for the trade union itself, it also means that others can be provided with the information they may need.

Probably the most essential information about a company is who owns it. Establishing this contributes to an understanding of the decision-makers and is a ﬁrst test for the presence of an international dimension. Altogether too often trade unions fail to make this test only to discover in the middle of a dispute that the company is foreign-owned. It needs to be determined whether a company is a wholly-owned or a partially owned subsidiary of an MNE, whether it is a joint venture or whether it has some other form of ﬁnancial relationships.

A basic fact about ownership is whether a company issues stock, which may be pur- chased by members of the public, or whether it is owned by an individual, a family or others and is not traded on the stock market. Generally, there is more information on publicly traded companies and it is easier to obtain. This is because in a lot of countries these companies must comply with more reporting requirements than non-public companies and because they are studied by organisations supplying information to investors. Companies which do not have stock which is traded on the stock market are not subject to as much scrutiny. Generally, it takes more effort and a different approach to obtain information about these companies.

There is often less public information available on smaller MNE’s, which may be

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controlled by a financial holding company or which can be privately held. However, What is the overall economical situation in the sector? In the region? In the country? in many cases, there is a wealth of information about such companies informally Union facts available at the local level in company publications, from transferred managers, etc. How many members does your union have? What are the affiliations of the union? Research, analysis and planning in some form or another will be most effective if it is Which unions represent other divisions and/or locations of the parent company. What are their affiliations, nationally and internationally? Who can be contacted? ongoing. In other words, it may be much easier to act if the effort to track company What other unions are operating in the sector? Affiliations? Who can be con- strategies and changes has already been made on a continuous basis, with or without tacted on other unions in the sector? professional assistance, rather than trying to do everything in an emergency. What other unions are there in the community

Just as no two disputes are the same, there is no standard set of facts valid for all Information on a company can be obtained from government and commercial actions or campaigns. Also, changes make it necessary to update facts and figures sources as well as from the company itself. Company press releases, newsletters, and other information regularly. The set of questions in the box ‘facts about the bulletins and, for publicly-traded companies, the annual report, are all useful. enterprise’ may be helpful in assembling basic information. In using this, it is However, it must be borne in mind that company sources will only contain infor- important to keep in mind that, in case of a dispute, the information should be mation that the company wants to be known. THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE provided to other organisations as soon as possible. If you do not have all the facts, forward the information you have, provided it’s accurate. It is always possi- More critical and analytic information can be obtained from commercial sources. ble to provide the extra information at a later stage. They include general business and financial journals, for example, the Financial Times and the Wall Street Journal, as well as national and international trade and FACTS ABOUT THE ENTERPRISE industry publications. Commercial reference books including company directories Company facts: that are designed to provide information for investors and other businesses are also Name of the company: available. These books are expensive but may be found in reference libraries. Address: Tel/Fax: Government records would include corporate and partnership registration records, E-mail: court records as well as records of regulatory agencies which are often publicly avail- Web-site: able. The ITS will be familiar with most of the commercial sources of information Branch: available about companies in their respective sectors. Main products or services: How may people are working at the company? What is the financial situation of the company? Do you have access to the com- Most company, commercial and government sources are also available on the pany’s financial accounts? internet, and increasingly so. As it is still expanding on a daily basis and as more Industrial relations and more people all over the world gain access to it, the internet has become one Is there a collective bargaining agreement in the company? How many employees of the most important tools for research. (see box) are covered by it? Where there any previous industrial disputes? What happened? Have there been any lawsuits against the company or initiated investigations? RESEARCHING COMPANIES ON THE WEB Company leadership For most trade unionists, once they can find their way around the web, it quickly becomes one Who is on the company’s board of directors? How can they be contacted? of the prime sources for information and, although not everything can be found on the web, for Who is the Chief Executive Officer (CEO) of the company? How can he or she many it is the first place to go to when facts and figures are needed. One drawback is the fact that most web-sites are published in English, making a basic knowledge of English a necessity in be contacted? some cases. However, as the web has expanded, this has also been changing. Who owns the company? Is it privately held, and if so, by who? Or is it publicly held, and if so, who are the main shareholders? There are several ways to find the information needed. Most major companies have web-sites of Are there any pension funds which have shares in the company? their own containing details on most parts of their operations. The majority of them are also regularly updated, making it easy to find recent data. Obviously, companies only put the information Company relationships they want on their own web-site, but it still is a good way to start looking for basic information, Is the company part of a larger company? such as financial overviews, useful addresses, names of decisions makers, links to subsidiaries, etc. Is it a subsidiary? What is the parent company? Is it organised? Or is it a joint venture, a holding company, etc.? Other and/or more information may be found on the web-sites of national or international organ- Who is involved? isations who deal with the issues about which information is needed. Are there any other company divisions or locations in the same country? Where are they located? How many people are working there? Are they organised? These include trade union organisations - the right ITS may have the right information - but What are the relationships with other companies such as suppliers or customers? also others, like NGO’s or international organisations, such as the UN or the ILO. Certainly Are the workers in these other companies organised? organisations who deal with a specific subject, e.g. child labour, human rights or any given What other companies operate in the sector or region? country, may have precise and comprehensive information. Since these aren’t company web-sites, they will also have information which the companies aren’t willing to share with 60 the world on their own web-sites. 61 Globalisation UK/144 22/03/02 10:37 Page 62 THE INTERNATIONAL DIMENSIONOFTRADEUNIONWORK

There are also independent web-sites dedicated to providing information on companies, mainly Another possibility for information gathering is the use of mailing lists, both private or public. multinationals. A drawback here is that, for some of them, in order to get full access to the A number of trade union and other organisations, national and international, send regular databases, a user fee has to be paid. information on what they do or discover (mostly press releases) to a list of interested subscribers via e-mail. In most cases, it is sufficient to ask the organisation to add your e-mail address to their Some examples, most of them free of charge, are: list to become a subscriber. Some mailing lists even provide the opportunity for every subscriber Hoover’s online: http://beta.hoo vers.com/ to send his own information, remarks or questions to the mailing list. It is a perfect way of Corporate information: http://www.corporateinformation.com/ creating a group of persons and/or organisations for the exchange of information on any given Europages: http://www.europages.com subject. The difficulty here may be to find out what is interesting and what is not. And possibly Multinational monitor: http://www.essential.org/monitor/monitor_resources.html how to contact the organisation or news-group in question. Corporate Watch: http://www.corpwatch.org/ Another useful resource focusing on labour is Labourstart (http://www.labourstart.org). This site The web 100: http://www.w100.com/ carries labour related news, updated daily, as well as links to ongoing campaigns, labour web direc- FreeEDGAR: http://www.freeedgar.com/ tories and includes a section listing a wide variety of internet mailing lists and web fora Company Sleuth: http://www.companysleuth.com (http://www.labourstart.org/directory.html). AFL-CIO Corporate Pay-watch: http://www.aflcio.org/paywatch/index.htm Social Funds: http://www.socialfunds.com/ Responsible Shopper: http://www.responsibleshopper.org/ PR Newswire: http://www.prnewswire.com/ THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE Of special interest is the Global Unions website (http://www.global-unions.org). The site, Other useful information on an MNE may be obtained from the company’s com- launched in April 2000, is jointly owned and managed by 12 prominent international trade petitors, its suppliers and from public officials who deal with the company. Certain union organisations (ICFTU, TUAC and the 10 ITS). Members of the Global Unions group information, often the most valuable, must be obtained locally. An often under- use the site to draw the attention of their partners, their members, and the press to the utilised resource is the information and knowledge of the workers in the compa- news they produce and the campaigns they run. The site incorporates a full text search and ny. While an individual worker may only see a piece of the company, collectively, an advanced search form, to provide easy access to several hundred pages of information, much of which focuses on multinational companies. workers know almost everything about the production and distribution systems, the suppliers and the customers of their company. They will also know the changes Another source of information are the media-sites on the web. Most major newspapers, magazines, television companies, etc., publish articles and stories on the internet. One of that have occurred or those that are being planned. Trade unions are in the best the main advantages of this is that they can be retraced months or sometimes even years position to gather company information from workers. Company networks built after the article was released. around the ITS are the best means to get this information where it is needed. Given the enormous amount of web-sites on the internet, with all of them containing lots of information, the difficulty often lies in finding the right place to look for information. In Research and the international dimension this respect, it is worth-while taking the time and effort to build a list of useful web-site Just as research, planning and preparation are necessary at the national level, addresses. Another tactic is to begin by contacting other people and ask for the addresses of relevant or interesting web-sites. international success may also depend on it. If serious difficulties develop in collective bargaining with a multinational firm, for example, and an ITS is contacted Another important tool to get to the right place on the web are the various search engines which exist. These search engines offer the possibility to find information on keywords or categories of after a strike is underway, or, even worse, after it is lost, it may be very difficult to your choice. There is a wide variety of search engines, so if one doesn’t come up with the right help. If, however, the union is already following the activities of the company information, try another one. For information on a specific subject, it is likely that a search engine internationally as well as nationally and if the ITS, and through it, other unions will exist which is specialised in this topic. Most of the search engines’ names are well known. One of the better ones seems to be Google search (http://www.google.com). A list of different within the company, are kept informed about potential difficulties well before the search engines and their descriptions can be found at: dispute, it is much more likely that international assistance will be helpful. http://n uevaschool.org/~debbie/library/research/adviceengine.html. It may be important to take the international dimension into account when for- In searching for one or more keywords, or a combination of them, the search engine explores the world wide web and gives a list of links, together which a short explana- mulating negotiating demands. Trade unions will want to understand what con- tion, to the sites it finds which contain the keyword(s). This is a free service and, through stitutes best practice or norms in any industry and, perhaps more importantly, the use of very powerful computers, search engines come up with a wide variety of links what the MNE applies in its operations in other countries. This idea is contained to relevant sites almost immediately. in the ILO Tripartite Declaration of Principles, which provides that an MNE Although in general relatively easy, making good use of the system of search engines requires should make available safety and health information “relevant to their local oper- a little bit of experience and learning, as there are a few techniques involved. It is often nec- ations which they observe in other countries.” The Declaration also provides that essary to refine a search in order to avoid ending up with too many links to web-sites and MNE’s “provide workers’ representatives with information required for meaning- too much information. By way of example, with most search engines, a search for multinational Australia will list all pages containing the words multinational or Australia. In search- ful negotiations with the entity involved and, where this accords with local law ing for + multinational +Australia, the result will be a list of pages containing the words multi- and practices, should also provide information to enable them to obtain a true and national and Australia. In searching for “multinationals in Australia”, the result is a list of links fair view of the performance of the entity, or where appropriate, of the enterprise to all pages containing the phrase “multinationals in Australia”. Also, even though English is as a whole.” the dominant language on the internet, it is possible to do a search in other languages. 62 63 Globalisation UK/144 22/03/02 10:37 Page 64 THE INTERNATIONAL DIMENSIONOFTRADEUNIONWORK

The international dimension must be included when determining the profitability of a unions in other countries can be alerted to a potential dispute. Many trade unions, company, a basic step in preparation for collective bargaining. MNE subsidiaries are promptly and properly informed about the causes of a dispute, may be able to ask sometimes expected to meet a projected target rate of profit set by the parent company. their members not to handle struck work. In collective negotiations, trade unions may be informed that, since the enterprise is not attaining that rate of profit, union demands cannot be met. It is often the case, in partic- In preparing for a potential dispute, the task of examining other business linkages for ular soon after an enterprise has been acquired by a MNE, that the target rate of profit potential vulnerabilities of a firm are more complicated if the firm is a subsidiary of set by the parent company is unrealistically high. Reasons for this may include that the a foreign MNE. Investors, suppliers, markets and strategic partners are all more like- parent company is more familiar with another sector or that the acquisition price has ly, at least in part, to be located outside the country. While this does not mean that been excessive. In these circumstances trade unions should know what profits other firms pressure or influence cannot be brought to bear on these linkages, doing so becomes in this sector are earning. It may also be useful to known whether pressures for unrealis- a longer and more complicated process. Moreover, one or more foreign trade unions tic or even excessive profit margins are coming from outside investors. may need to be involved in any effective strategy involving business linkages. This requires communication and policy co-ordination at the earliest possible moment. It is often difficult to ascertain the profitability of a particular MNE subsidiary enter- Hence the necessity of conducting the investigations long in advance of contract prise or factory from data coming from the enterprise itself. MNE’s make extensive expiration dates and the need for early involvement of the ITS.

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE use of transfer pricing for their intra-firm transactions which may include the bulk of their purchases and sales. Transfer pricing involves setting the prices for internal The preparation of an organising campaign involves gathering much of the same transactions within the company higher or lower than market value. This process is kind of information as would be required in preparing for a possible collective bar- often used to minimise taxation, to help undersell a competitor in a crucial market, gaining dispute. This would include acquiring an understanding of the product pro- to assist another unit in the same MNE or for any number of other reasons related duced or the services provided, the market and whether it is international, as well as to the strategic planning process of the MNE as a whole. how the target facility fits into a chain of production or services. An organising campaign can be difficult for the workers concerned and this kind information may be crucial in protecting those workers before and after the trade union obtains recogni- INVESTORS - PENSION FUNDS tion. Once again, much information may be available from workers at the facility. As the equity prices in industrial countries have risen strongly in the 1990’s, and with ever more countries having stock markets, the importance of investment in stocks has grown significantly. As a result of this, institutionalised investors, such as pension funds, have ITS, INFORMATION AND RESEARCH - THE EXAMPLE OF PSI become an increasingly important source of investment capital in the global economy, owing more and more shares in companies world-wide. In some situations, tracking com- Databases pany investors may be very important. PSI maintains up-to-date databases in co-operation with research centres in the UK. The databases contain information on companies operating in public services as well as on A lot of research remains to be done on pension funds and their investments, but the sig- companies trying to obtain public contracts. They also contain information on industri- nificance of fund investments is already clear. The California Public Employees’ Retirement al relations. The sectors currently covered are: water and waste, energy, healthcare System (CALPERS), the largest US public pension fund, has assets totalling US$ 162 billion (including support services such as catering and cleaning), computing and telecommuni- and manages pension and health benefits for more than 1.2 million California public cation, public transport and facilities management. employees, retirees and their families. The information contained in the databases is used as a basis for reports of various There are thousands of investment funds all over the world and it was estimated that pen- kinds. Some reports are used in meetings for PSI affiliates, others are used for cam- sion fund assets would reach 12,000 billion US$ in the top 15 economies in the year 2000. paigning purposes, others again become free-standing publications. The information is The behaviour of companies on workers’ rights is a legitimate consideration in the invest- also used to help affiliates confronted with privatisation bids from "unknown" compa- ment of worker capital. It is often relevant to the stability and performance of the companies (enquiry service). ny. Pension funds may be a major source of investment in a particular enterprise and, in Research Network some cases, workers and their trade unions may be involved in the investment decisions of PSI maintains a network of researchers working on privatisation of public services and these funds. In this context, information about funds and their investments can become an MNE’s. The network consists of unions with research staff and individual researchers, important tool to convince companies to assume the responsibilities of globalisation. As often connected to universities and/or NGO’s. companies usually listen to the concerns of major investors, considerations of ethics and good conduct are becoming more of an integral part of doing business. More regular communication via e-mail has become the norm between members of the network. This means that researchers without database material can participate in the information exchange, provided the material sits on a computer somewhere. All Another basic step in preparing for collective bargaining is understanding the rela- research-work/ communication is carried out in English for a number of reasons: virtu- tive strengths of the trade union and the company in the event of a dispute. Since the ally all members of the network can handle English, even though in many cases it is a MNE may have the ability to produce the same product at an enterprise in another second language, translation costs can be avoided and time can be won. country, thus reducing the potential impact of a work stoppage, it is important to PSI makes use of the web to research companies. Much company information is now avail- know early on about all of the production sites that could be involved. In that way, able through company web-sites (although it should be kept in mind that company web-sites tell the company side of the story), but also newspaper articles and other material on the 64 web can support research. PSI uses CDs of various kinds as support for research activities. 65 Globalisation UK/144 22/03/02 10:37 Page 66 THE INTERNATIONAL DIMENSIONOFTRADEUNIONWORK

9. THE INTERNATIONAL TRADE UNION CAMPAIGN which protect workers’ rights and it is the government which must combat corporate lawlessness. Campaigns can be directed at both governments and compa- Campaigning is a basic and growing activity for international trade union organi- nies, because many disputes with companies involve violations of trade union sations. A campaign may be distinguished from simple solidarity actions such as rights. Obviously, such efforts to influence both governments and companies over sending solidarity messages in the sense that a campaign involves a series of planned violations of trade union rights can be more effective than addressing only the gov- steps which may include more than one kind of activity. The key word is planned. ernment or the company. However, care must always be taken to ensure that the All serious campaigns have a beginning, a middle and an end. The beginning government concerned is not absolved of the ultimate responsibility. involves the decision to campaign as well as campaign planning and preparation. The trade union rights campaign shares many of the purposes and techniques with cam- The idea of a campaign is to enlist others to help obtain an objective. Whether a paigns organised by other well-known human rights organisations. These campaigns seek campaign seeks to influence a government or an employer, it is a way of expand- to provide urgently needed protection to those who have been threatened or imprisoned ing a dispute, most often by involving the public. Because publicity and public by shining the spotlight of international publicity, thereby increasing the difficulty and cost relations are involved in most campaigns, consideration should be given to involv- of continued repression in a specific instance. A common feature of these campaigns is the ing national trade union centres. They are, as they provide a voice for all workers, mobilisation of messages from as many organisations and countries as possible. Because THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE especially appropriate to convey messages to the general public. rapid response to appeals for solidarity is essential, the trade union rights campaign can be viewed as an ongoing process. The ICFTU has a committee on Human and Trade Unions Why Campaign? Rights consisting of representatives from ICFTU affiliates and of the ITS for the purpose of mobilising trade unions in various ongoing campaigns to protect trade union rights. Almost all international trade union campaigns have their roots in the recognition that trade union rights are indivisible and universal and/or in the need for workers to come together to engage their common employer. Not surprisingly, most Trade union rights campaigns have a “legal” quality to them and for good reason. international trade union campaigns are reactive, that is they are responses to gov- Violations of trade union rights occur where governments fail to adopt adequate ernment or company actions and to trade union requests for assistance. legislation or where they do not adequately enforce legislation. Violations of trade union rights also occur where government policy or law restricts or even prohibits Not all international trade union campaigns are reactive, however. Campaigns can the exercise of trade union rights. However, trade union rights are often provided be part of a positive strategy to achieve a trade union objective. The international for in the national constitution, including in countries where these rights are not trade union movement is engaged in various campaigns where the long term objec- fully respected. In all such cases, the offending government will be in violation of tive is to create a binding international framework for business activity that also established international standards and, often, treaty obligations. protects workers. These campaigns, some of which are of long duration, are key elements in the trade union response to the challenge of globalisation. In recent A good trade unions rights campaign should relate the situation concerned to the years, there has been interest in other positive campaigns, such as organising cam- obligations of governments. This means being familiar with the international paigns through international trade union co-operation. instruments addressing workers’ rights. It also means recognising whether any situation is a violation of these rights. This section considers four different kinds of international trade union campaigns and their purposes. Not all violations of trade union rights are as flagrant as the arrest of trade unionists or the brutal suppression of strikes. Excessive administrative obstacles to trade union Trade union rights campaigns recognition, unduly long legal procedures, interference in the internal affairs of a trade The most common international trade union campaign is the trade union rights union and failure by the employer to bargain in good faith can constitute violations of campaign. This kind of campaign is almost always directed at specific governments trade unions rights. Sometimes, investment incentives offered by governments to attract with the object of getting a government to respect or protect the basic trade union international business may contain provisions that infringe the rights of workers to join rights of its citizens in a specific situation. International campaigns have addressed trade unions and to bargain collectively. In determining whether to mount a trade union interference with the right of workers to organise, including the dismissal or rights campaign, it is important to distinguish trade union rights violations from other imprisonment of activists and trade union organisers, limits or bans on trade issues. Not everyone who claims to speak for workers is a legitimate workers’ repre- unions, for example through excessive registration requirements or other restric- sentative and not every claim asserted across a bargaining table is a right. tions, and the suppression of strikes. As mentioned in the chapter on the ILO, trade union rights are enshrined in the If a company is not respecting the rights of workers, the rights violation remains Universal Declaration of Human Rights and its covenants as well as in other inter- the responsibility of the government. It is the government which should adopt laws national instruments. They are also embodied in two Conventions of the ILO:

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Convention No. 87 (Freedom of Association and Protection of the right to Occupation: Organise Convention, 1948) and Convention No. 98 (Right to Organise and Union or other Affiliation: SYNELEC (electric sector workers) Collective Bargaining Convention, 1949). The ILO has created the Committee on Name: Age: Freedom of Association in order to examine complaints of violations of these con- Male/Female: ventions, regardless of whether or not the countries concerned have ratified them. Dependents: National centres, as well as international trade union organisations such as the Name of Spouse: ICFTU and the ITS can submit complaints to this tripartite committee which must B) collective victim, Union or Other Group: strikers, mainly from the energy sector provide reports with conclusions and recommendations to the ILO Governing 7. Identification of the Person Responsible for the Violation: police and gendarmes acting on orders from higher authorities Body. Committee decisions have led to positive changes in many cases, in spite of 8. Source of Information: USTN union witnesses to the arrests the fact that this procedure can take time and that the ILO has no sanctions other 9. Follow-up Response: than moral pressure on rights violators. Local Action Taken: immediate protest to authorities, notice given of a 72-hour general strike (26-28 March) with Lodging a good complaint requires accurate, complete, and well-documented informa- protest marches throughout the country if the strikers are not unconditionally released tion. This means good co-operation between both local unions and their national unions Requested International Action: send letters of protest to: President of the THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE and between national and international trade union organisations. The ICFTU has con- Republic of Niger, Niamey, FAX (227) 73 34 3010 siderable expertise and experience in lodging Freedom of Association complaints and reg- 10. Other Remarks: humanitarian and legal aid may be needed ularly co-operates with both national centres and the ITS in preparing and filing them. Date of Report: 25 March 2001

The ICFTU has produced a publication, “Stand Up for your Rights”, which explains in more detail how to participate in trade union rights campaigns. The Company Campaigns ICFTU has also developed a special ‘reporting format on violations of trade union rights’ (see box) that can be used by the trade unionists to supply the minimum Even in countries where trade union rights are not systematically violated, inter- information needed to organise solidarity actions and campaigns. The form is also national campaigns are employed to assist a trade union in carrying out some of used to track trade union rights violations world-wide. its basic functions. Most often, these campaigns concern disputes between a trade union and an employer. These disputes may arise over trade union recognition or “Stand Up for your rights” can be obtained in printed form from the ICFTU and difﬁculties in obtaining a collective bargaining agreement. Unlike the trade union can also be found on the ICFTU web-site: rights campaigns, which mainly target governments, these campaigns are directed http://www.icftu.org/www/english/education/manuals/Standup.pdf at a speciﬁc employer and are usually referred to as company campaigns.

In addition, the ICFTU publishes an “Annual Survey on Violations of Trade In some countries, where there are many problems related to the legal protections Union Rights”. The 2001 version is available on the ICFTU web-site: for trade union rights, including low penalties for corporate lawlessness or restric- “http://www.icftu.org/survey”. It is also available in printed form and can be tions on secondary action, trade unions have sought other means for action to sup- obtained from the ICFTU. plement those protections provided by labour legislation. The concept of the corporate campaign was developed in the late 1970’s and the early 1980’s by some REPORTING FORMAT ON VIOLATIONS OF TRADE UNION RIGHTS US trade unions in the face of continuous management opposition to trade unions (this is a fictitious, already filled out example from Niger. The details are merely there to give with respect to recognition and collective bargaining. The earliest of these cam- an indication as to what kind of information is needed) paigns were called corporate campaigns because they sought to apply pressure to the parent corporation by focusing on the company’s financial relationships and 1. Identification of the Sender: Union of Niger Workers Unions, (USTN), on its Board of Directors. These campaigns sought to influence corporate gover- B.P. 388, Niamey, Niger 2. Type of Event: arrests for organising a strike nance (i.e. the means by which a company is directed or controlled) and, in par- 3. Date Event Began: 19 March 2001 ticular, the relationship between the ownership and the management of the com- Date Event Ended (if different): those arrested are still held in jail pany. Some campaigns used shareholder actions to raise issues of corporate social 4. Location of the Event: USTN headquarters, Niamey, Niger responsibility at the annual shareholder meeting of the company. 5. Description of the Event: following a two-day general strike (18-19 March 2001) demanding payment of back wages, 25 trade unionists were arrested By the 1980’s, the concept and practice of the corporate campaign in the United 6. Type of Victim(s): States expanded to include actions which went beyond the structures and relation- A) Individual Victim names and data on those arrested provided ships of the industrial relations framework. These new campaigns came to be called on a separate sheet 68 69 Globalisation UK/144 22/03/02 10:37 Page 70 THE INTERNATIONAL DIMENSIONOFTRADEUNIONWORK

strategic or comprehensive campaigns. The idea of a comprehensive campaign is to The International Federation of Chemical, Energy, Mine and General Workers’ Unions expand the conflict in order to provide the trade union with more leverage than it (ICEM) has always been one of the ITS at the forefront of this evolution, launching the would otherwise have. It does this by applying pressure in as many ways as practi- first ITS on-line corporate campaign on the internet in 1996, in support of the ultimately successful USWA struggle against the global tire giant Bridgestone. This was followed by cal and by attempting to impose real costs on the targeted company. the “Pay our wages” campaign in support of the struggle by Russian trade unions, against the scandal of unpaid wages. In May 1998, the ICEM started a campaign on Rio Tinto, In a comprehensive campaign, the company is thoroughly studied with a view to dis- the world’s biggest mining company, called “Nowhere to hide”. It’s ICEM’s biggest and covering any vulnerabilities or “pressure points” that can be used to influence com- most sophisticated cybercampaign until now. And it was a wonderful example of how pany behaviour. These pressure points include customers or suppliers of the compa- things can be done. ny as well as investors in the company. Actions taken may not always be directly Hosted by the ICEM web-site, the campaign was built on ICEM’s pioneering cyberpick- related to the situation that gave rise to the campaign, but involve other ways to gen- et techniques, which had already been successful in the earlier campaigns. The site erate negative publicity for the company. In a comprehensive campaign, attempts are included links for electronic lobbying of top Rio Tinto executives and of governments. often made to find common ground with others, such as environmental, consumer, For all those who wanted to take part in it, it was simply a question of adding their name community and other groups, which are concerned about some aspect of the target- to the protest letters on the site, which were then automatically sent to Rio Tinto management and/or governments. As Rio Tinto’s own web-site “omitted” to give fax num- ed company. Comprehensive campaigns often employ novel publicity techniques.

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE bers or e-mail addresses, the ICEM kindly made Rio Tinto’s decision makers accessible to all web-surfers via a click of a mouse. Not all activities in comprehensive campaigns are directed at generating publicity. Sometimes campaigns include a legal dimension. For example, trade unions may With over 400 million people online (early 2001), it is obviously useful if the opportu- avail themselves of the public right to intervene in certain regulatory procedures, nity can be provided to workers everywhere to send e-mail directly to the company. Electronic messages are easy to send from anywhere in the world and they reach the such as licensing, in order to force greater transparency upon the company and as contacted person almost immediately. Another consideration is that they may reach a means of raising its cost of doing business. other people within a company than the normal letter or fax complaints, which are usually addressed to the person responsible for human and industrial relations. Comprehensive campaign often use the international relationships of the company and trade union organisations in other countries are asked to participate in these campaigns. Further links in the Rio Tinto campaign were operational to enable web users to put questions to parliamentarians in countries where the company was mining or exploring. It also had links to factsheets with background information on Rio Tinto, links to other unions ITS have developed and carried out a number of campaigns in situations where involved and to press releases on Rio Tinto. These links are important in campaigns, not only limited solidarity actions were not sufficient to resolve a fundamental problem or because they provide users with more information almost instantaneously, but also because series of problems with a company. On broader issues, for example, child labour, they can be used from other web-sites to direct peoples’ attention to your campaign. the ICFTU has led several campaigns, with the participation and support of ITS. The site also had a discussion forum, an overview of the campaign news, an image library Some of these campaigns included work which focussed on specific MNE’s. and an overview of what the campaigns’ objectives were. The site furthermore featured the full text of the Rio Tinto stakeholders’ report, a detailed report exposing the multi- The campaign techniques to put pressure on individual employers, both national national’s most shameful practices. and multinational, and/or governments differ from one campaign to another. A few general techniques have been developed which have proven to be very effective but Several other ITS also have pages on their web-sites for solidarity campaigns and/or urgent actions. most strategies for a campaign have to be re-invented on a case-by-case basis, making it difficult to provide guidelines. Campaigns requires imaginative people digging into the very essence of a company. They need to come up with new and innovative ways of using the knowledge of a company’s power structure, its economic and Organising campaigns financial links, and its environment in order to change the company’s behaviour and Company campaigns do not always have to be responses to requests for help. resolve problems. They can instead be part of a strategic plan to achieve an objective. This is especially true with respect to the basic trade union mission of recruiting new mem- THE ICEM AND INTERNATIONAL CYBERCAMPAIGNS bers and organising workers into trade unions. There have been several interna- Since the launch of web-sites by trade unions all over the world, the potential of this tech- tional organising campaigns to assist trade unions in their effort to organise work- nology has quickly become clear. The internet is much more than just a new publications ers employed by specific companies in specific countries. medium. Around the world workers and communities have already been illustrating this by using the internet as a tool for campaigning. Cybercampaigns, where the internet is One reason for international trade union co-operation is the strategic interest the centre-piece of the campaign, are ideal methods to exchange views on a company, to raise public awareness of a company’s business practises and to give union members as trade unions have in increasing the trade union presence in an MNE. A low level well as other interested people a chance to forward their concerns to the company. of organisation or serious gaps in the organisation of an MNE’s workforce can

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deprive national trade unions of sufficient countervailing power with the MNE. The strategy was based on applying pressure to targeted companies and the government in This can also hinder the ability of trade unions internationally to reach framework direct support of aggressive organising on the ground by trained organisers followed up with trade union education of new members. The partnership contributed support for union organ- agreements or establish effective global company councils. isers, legal assistance and other technical advice and training. The organising campaigns were supplemented by pressure on the US-based corporate customers of the targeted companies International trade union co-operation in organising campaigns, especially where and by the use of the workers’ rights provisions in the Generalised System of Preferences (GSP) an MNE is involved, has certain obvious advantages. It provides ties with the section of US trade law. After being threatened with losing their trade privileges, the Dominican Republic reformed its labour code so as to allow trade unions in its EPZ’s. home-country trade union, shares knowledge of different industrial relations systems and facilitates exchange of information, including corporate research. It can In the organising campaign at Bibong, the threat of GSP sanctions forced the government also help to solve problems which were not anticipated. For example, internation- to enforce its new code against the employer. al organisations can bring in their expertise when dealing with sophisticated anti- union campaigns by companies. The use of GSP sanctions in the Dominican Republic campaigns show how workers’ rights clauses in trade agreements would work. The purpose was not to suppress exports but to protect workers - and in the end, no products had been prevented from International organising campaigns do not have to involve helping workers organ- export but a positive change in the status of the workers had been achieved. ise in more than one country. They can be part of a strategy to increase organisa- THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE tion in one country by, for instance, targeting the suppliers and sub-contractors of an MNE or by targeting the firms in a specific industry or in an EPZ. The inter- General campaigns national component can come from the contributions made by trade unions in Most international trade union campaigns are directed at individual companies or other countries. These contributions may include providing leverage with either governments concerning specific situations. However, international trade union the parent corporation or with the customers or suppliers of the company target- organisations are also involved in various general campaigns. More often than ed for organising. Trade unions can also contribute financial resources or other not, these campaigns are initiated by the international trade union organisations resources such as training or legal assistance. themselves. They tend to address broad concerns and have long time frames reflecting a long-term strategy. Two examples would be the ICFTU led campaign However, as with any organising campaign, the willingness of workers to try to for workers’ rights clauses in international trade and investment agreements and come together and, often, their ability to overcome their fear are essential. the campaign against child labour, also initiated by the ICFTU. Without this “support on the ground”, international connections will be of little use. The international campaign for workers’ rights clauses is co-ordinated by a Task Force on Trade Investment and Labour Standards consisting of representatives One should not assume that an MNE that has good relationships in some countries from ICFTU affiliates, regional organisations, TUAC, ITS and some positive will not strenuously oppose trade union organisation in other countries. MNE’s NGO’s such as Solidar. Campaign activities have included representations to inter- often claim that they leave it up to local management. Whether or not this is, in fact, national organisations, proposals for ICFTU affiliates to present to their respective the policy of the company, trade unions should as a matter of principle, hold the par- governments, international conferences, public reports and various publications, ent company responsible for the labour practices of its subsidiary enterprises. regular e-mail discussions and a dedicated web-site. The long-term objective is an international framework linking trade and investment to workers’ rights. The campaign has involved a number of “sub-campaigns”, with medium and short ITGLWF, ORGANISING, EPZ’S IN THE DOMINICAN REPUBLIC term objectives. For example, these sub-campaigns have sought to secure clauses On July 22, 1994 workers at the Bibong Apparel Corporation in the Dominican Republic in specific trade or investment agreements or have used existing clauses such as the won the first collective agreement in the long history of that country's Export Processing workers’ rights clauses in the European Union’s General System of Preferences Zones (EPZ’s). On November 22, 1995 workers at the Bonahan Apparel Company, another factory in a Dominican Republic EPZ, signed a collective agreement following a success- (GSP) to deny trade privileges to oppressive regimes such as Burma. ful and legal strike. Both victories were made possible by the courage and tenacity of EPZ workers, and by an extraordinary example of international trade union co-operation.

An international partnership, consisting of the ICFTU-affiliated National Confederation THE INTERNATIONAL TRADE UNION CAMPAIGN AGAINST CHILD of Dominican Workers (CNTD) and its affiliate, the Federation of Free Zone workers LABOUR (FENATAZONAS), the ITGLWF and its inter-American regional organisation FITTCC- Trade union action ORI, the AFL-CIO (the ICFTU’s affiliate in the USA), its American Institute for Free The trade union movement has fought against the exploitation of children since its Labour Development (AIFLD; now part of the Solidarity Centre) and the two AFL-CIO earliest days. It is continuously campaigning against child exploitation in the global affiliates which were also ITGLWF affiliates (which have since merged to form UNITE) economy, aiming at changing the global economic and financial systems: e.g. tackling developed and implemented a well-planned and co-ordinated organising strategy. poverty, discrimination and abuses of fundamental human rights.

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During the last decade, the ICFTU, its affiliates and ITSs are jointly campaigning to When to campaign end the use of child labour in producing goods and services for local and international markets. In the different industrial sectors, they are focusing on products such as Campaigns are not last minute appeals for help. Nor are they simple pro- sporting goods, diamonds and gemstones, clothing and textiles, surgical instruments, nouncements of policy, unaccompanied by any plan to promote or give effect food, chocolate and tobacco, the hotel and tourism sector and a range of other to that policy. Campaigns require both purpose and planning. The decision to industries. campaign should only be made after it has been determined that all of the ele- Key-elements of campaigning to stop child labour ments for a successful campaign are present. These elements include a clearly Due to trade union campaigns, employers now understand that, while unscrupulous defined objective, a strategy to achieve that objective as well as an understand- companies can make short-term proﬁt by using child labour, eventually their businesses ing of the required resources. will suffer. The key-elements of campaigning to stop child labour are: Research: The decision to campaign should reflect an understanding that the objectives are realistic. It should also reflect an equally realistic appraisal of the human • Proper research into the local situation of the children and their families and the ways and financial resources required and whether they are available. The ability to in which children are drawn (or kept) out of school and into work; enlist and motivate both individual volunteers and other organisations should • Analysis of the chain of production and proﬁt, particularly in international trade;

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE be taken into account. Whether the campaign can attract additional resources Actions and projects: and how costs might be shared is also part of the decision to campaign. • replacing the child workers with adult workers, preferably from the same family; • securing the rights of the adult workers through union organisation; The decision to launch a company campaign should be made only after a con- • economic and educational support for the children affected; siderable amount of corporate research. A campaign relies on accurate infor- • pressure, where necessary through the media, on the large companies and political mation which will be the source for negative publicity on the targeted compa- elite’s which so often proﬁt from child labour; ny or its business allies. The initial research must not only be accurate, but also • Getting consumers to put pressure on retailers and brand names to give preference complete. The facts must be true and sustainable under critical examination. to suppliers, which respect fundamental labour standards. • raising awareness, locally and internationally, of the problem e.g. by distributing petitions, organising marches, distributing materials among trade union members and the public; International campaigns require international partners. Throughout the past decade the number of requests for international assistance by trade unions, Building and strengthening of alliances: including requests to launch or join a campaign, has increased dramatically. In • working with the ILO and with community groups and NGO’s, especially through the many of these cases, the situation is so serious that it cannot be resolved with- NGO network developed by the Global March Against Child Labour; out considerable effort over the long term.

To get involved in stopping child labour: contact your union or national trade union cen- In cases of serious or prolonged violations of trade union rights, the ITS may tre. For more information on the current ICFTU Campaign To Stop Child Labour, spe- ciﬁc case studies or links to other interesting web-sites: co-ordinate a campaign to maximise pressure on the offending company. Such (http://www.icftu.org/focus.asp?Issue=childlabour). Or contact the ICFTU through the a decision is only taken after serious deliberation and an examination of what following e-mail address: [email protected]. resources and tactics might be successful in that specific campaign. Two widely recognised priorities for sustained solidarity actions are: Facts about child labour today • More than 250 million children are at work. - disputes involving the suppression of trade union rights, especially where a • 125 Million of them have never seen inside a class room and many millions more have trade union is in danger of being destroyed; and a year or two of schooling only. - where the effect of the dispute has wide ranging implications for the entire • At least 15 million children make goods for international markets and many millions trade union movement, either nationally or internationally. more produce for national markets. • Tens of millions of children are subjected to slave-like conditions in domestic service, sexual exploitation, and agriculture or are forced to join armed conﬂicts, to kill or be killed. In many cases, the trade union concerned will be in a desperate situation. To the extent possible, emergencies should be avoided or anticipated. It is obvious Sign the petition To Stop Child Labour: http://www.icftu.org/petition.asp?Name=childlabour that there are some situations where it is not possible to prepare properly. But, in many others, positive action before a crisis or dispute can make a big difference. Even in very serious situations where there is the possibility of having a campaign, there may be an opportunity to really get the attention of the company and, ultimately, change its behaviour by acting quickly before the dispute escalates.

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Not all international campaigns are global. They can involve only two or three advantage of all solidarity partners for international campaigns to be organised countries, or a region. Nor do all campaigns have to be elaborate. Some high- well in advance. A timeline for the campaign should be prepared showing the envi- ly effective campaigns have involved only a moderate commitment of time and sioned stages of the campaign and be used for scheduling events and setting dead- resources. As international trade union links get stronger, solidarity will become lines for the various tasks involved. The dates for any proposed activity should be more integrated into normal trade union activity and will make it possible to get set with adequate lead-time and some flexibility should be built into the time- better results with a wide range of often limited campaigns and other strategic frame. This planning should reflect the international dimension - calendars of par- activities. On occasion, something as simple as a statement from a foreign union ticipating organisations in other countries, as well as other important dates in to the parent company or to another company connected with that company, so other countries, such as holidays or religious observances, should be taken into that it is understood that there is a difficulty, may help make things easier. It will account. likely, at least, produce a phone call from the company. Give other organisations a chance to be included in the planning process, such as How to campaign the trade unions bodies which need to be involved in the strategy, for example No two campaigns are the same and it is not possible to provide a recipe for inter- those trade unions representing workers who may be affected by the campaign.

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE national campaigning. The ICFTU and the ITS have in recent years examined various international campaigns with a view to drawing conclusions about the lessons The decision when or how to end a campaign is also of critical importance and learned. It is clear that co-operation, planning and preparation as well as commu- should be considered in the planning stages of any campaign. Included in this deci- nication are critical elements in any campaign. Follow-up and evaluation should sion is, of course, a clear deﬁnition of objectives so as to be able to measure suc- also be considered as necessary elements in any campaign. cess.

Securing co-operation For some extensive campaigns, it might be useful to draw up a speciﬁc campaign manual. It is important that members who are to take action know what they are Campaigning is not a solitary activity. One objective of any campaign is to secure being asked to do and also why they are doing it, so that they can participate fully allies, which usually is best done at the very beginning. At the very least, interna- and answer questions if necessary. This manual can provide all the necessary tional campaigns will require co-operating organisations in other countries and details on the campaign, but may also give information of a more general nature, this co-operation should be secured before any international campaign is such as how to deal with the press or how to get political and other support for launched. campaign objectives. In planning and carrying out a campaign, it is important to establish the respec- Communication tive responsibilities of co-operating organisations and of individuals within those organisations. One important responsibility is to keep track of all aspects of the Both internal and external communication are central to effective campaigns. campaign, from its initiation until the end. In some cases, this responsibility may Internal communication includes regular follow-up communications and updates be largely in the hands of the trade union directly involved in the dispute. In oth- in order to keep co-operating trade union organisations informed of develop- ers, it will be the ITS which carries the primary responsibility for leading the inter- ments. Good internal communication makes it possible to learn what is and what national campaign and generating the necessary solidarity in other countries. is not working and to adjust the tactics and strategy accordingly. Moreover, trade There may be involvement of national centres as well as individual unions. unions carrying out activities will have better results if all partners, and particu- However the responsibilities are combined, there needs to be a way of pulling larly the ITS, are fully informed of their activities. It is, for example, important to together and holding together all of the participants. An unorganised, uncoordi- make sure that the international trade union organisations receive all of the rele- nated campaign is likely to be frustrating and unproductive. In most cases, it is vant press articles. recommended that all participating organisations name individuals with clearly established responsibilities, which serve as contact points. Information technology is very useful for campaign communication. When available, e-mail and the internet are wonderful tools for the spreading and exchang- Another means of securing co-operation in extensive campaigns is to organise ing of information, since it makes it relatively easy to reach a lot of people in a national level preparatory meetings or seminars. In some extensive international short time. campaigns international meetings have also been organised. External communication is what a campaign is about - it is the message and how Planning and preparation it is transmitted to other people. This means more than good arguments - the argu- Planning an international campaign, including identifying potential pressure ments must be readily understandable and they must reach the people the cam- points, should be done as much as possible from the very beginning. It is to the paign needs to reach. 76 77 Globalisation UK/144 22/03/02 10:37 Page 78 THE INTERNATIONAL DIMENSIONOFTRADEUNIONWORK

Publicity is, of course, an essential element of almost all campaigns. International Suggestions for recruiting volunteers, arranging events, generating publicity and campaigns should take into account the international dimension of publicity other details of general campaigning can be found in the ICFTU “Manual for work. The media in other countries may have different needs reﬂecting different organising campaigns” which can be obtained upon request from the ICFTU and cultures or markets. Generally, the key is to get people to identify with the cam- is also on the ICFTU site: paign by relating it to their own experiences or values. The same can be said for http://www.icftu.org/displaydocument.asp?Index=990916423. the various materials such as fact sheets, brochures and leaﬂets, which need to be prepared for the campaign. International trade union organisations can offer valuable advice on media work and on material development for international campaigns.

Trade unions engaged in company campaigns often are aware that, in many sectors, the global brand name is one of the most important corporate assets of an MNE. Tremendous advertising resources are spent promoting favourable associa-

THE INTERNATIONAL DIMENSION OF TRADE UNION WORK WORK UNION TRADE OF DIMENSION INTERNATIONAL THE tions with brand names and MNE’s are able to use this public perception to charge premium prices. Because of this, companies are prepared to go to extraordinary lengths. They are using the most sophisticated public relations techniques to defend their brand name images. Trade unions will rarely be able to match the resources or sophistication of the company public relations defence and must rely instead on credibility and substantiated facts. Credibility combined with effective trade union action can overcome a company’s public relations machine.

The already-mentioned role of the national centre in campaigns should not be overlooked. As the manifestation of trade union solidarity in their respective countries, national centres are the organisations with the widest networks and therefore the most able to marshal the resources of the entire trade union movement to build public support for a cause. Even in countries where the role of trade unions in economic and political life is well established, campaigns are often the public face of trade unions. Campaign themes should therefore be positive and not defen- sive.

Follow-up and evaluation It is essential that participating organisations and allies are informed when a campaign is over. It is also important to acknowledge the contributions made by the various organisations.

It would be useful, however, to go a step beyond that and attempt to analyse the campaign with a view towards drawing lessons that can be applied to future campaigns or international solidarity. Involving international trade union organisations in this process is a good way to insure that the lessons learned will be available to others when the need arises.

More information on how to improve public relations work can be found in the ICFTU manual entitled: “Trade Union Press Work – a Training Manual”. This manual can be found on the ICFTU web-site at: “http://www.icftu.org/displaydocument.asp?Index=991210319” or it can also be obtained upon request from the ICFTU.

78 79 Globalisation UK/144 22/03/02 10:37 Page 80 APPENDICES

APPENDIX 1 THE INTERNATIONAL TRADE SECRETARIATS

EI (page 81) - ICEM (page 82) - IFBWW (page 83) - IFJ (page 84) - IMF (page 86) - ITGLWF (page 87) - ITF (page 88) - IUF (page 90) - PSI (page 92) - UNI (page 95)

EI - EDUCATION INTERNATIONAL

Represents workers in: educators, teachers, lecturers and other employees in education Established: 1993 Affiliation: 305 affiliates in 155 countries with a total membership of 24 million (2001) General Secretary: Fred Van Leeuwen Address: Boulevard Albert II, 5, 1210 Brussels Country: Belgium Telephone: ++32-2-2240611 Fax: ++32-2-2240606 E-mail: headoffi[email protected] Web-site: http://www.ei-ie.org

Regional organisations Africa: Lomé: regional ofﬁce for Africa PO Box 14058, Lomé, TOGO Tel: ++228-21.28.41 Fax: ++228-21.28.48 E-mail: [email protected] Americas: San José: regional ofﬁce for Latin America Apartado postal 7174, 1000 San José, COSTA RICA Tel: ++506-2-83.73.78 Fax: ++506-2-83.73.78 E-mail: [email protected]

St. Lucia: regional ofﬁce for North America and the Caribbean Fond Assau Post Ofﬁce, St. Lucia, ST. LUCIA Tel: ++1-758-450.58.40 Fax: ++1-758-450.52.47 E-mail: [email protected]

81 Globalisation UK/144 22/03/02 10:37 Page 82 APPENDICES APPENDICES Asia: Washington: regional office - ICEM NARO Kuala Lumpur: regional office for Asia and the Pacific 1925 K Street, NW Suite 400, Washington DC 20036, USA No. 25, 2nd Floor Jalan Telawi Dua, Bangsar Baru, 59100 Kuala Lumpur, Tel: ++1-202-842.78.92 MALAYSIA Fax: ++1-202-842.78.01 Tel: ++60-3-284.21.40 or 21.42 E-mail: [email protected] Fax: ++60-3-284.73.95 Asia: E-mail: [email protected] Seoul: ICEM - Asia Suva: regional office 5th Floor, Baeksuk Building, 432-3 Shindang 2-dong, Joon-gu, Seoul 100-452, C/o COPE, PO Box 2203, Government Buildings, Suva, FIJI REPUBLIC OF KOREA Tel: ++67-9-31.56.64 Tel: ++82-2-22.34.18.84 or 85 Fax: ++67-9-30.59.45 Fax: ++82-2-22.34.18.86 E-mail: [email protected] ICEM - INTERNATIONAL FEDERATION OF CHEMICAL, ENERGY, MINE AND GENERAL WORKERS' UNION Eastern Europe: Represents workers in: sector, electricity sector, chemical industries, rubber and Moscow: ICEM - Russia plastics industry, diamonds, gems, ornaments and jewellery production, ceramics Autozavodskaya 6-9 a, Moscow 109280, RUSSIA industry, paper and cellulose production, glass industry, cement industry, envi- Tel: ++7-095-291.68.83 ronmental protection industries, coal mining, mineral mining and stone and sand Fax: ++7-095-291.68.83 production E-mail: [email protected] Established: 1995 Affiliation: 399 affiliates in 108 countries with a total IFBWW - INTERNATIONAL FEDERATION OF BUILDING AND membership of about 20 million (2001) WOOD WORKERS General Secretary: Fred Higgs Represents workers in: construction industry, timber industry, Address: Avenue Emile de Beco 109, 1050 Brussels forestry and allied sectors Country: Belgium Established: 1934 Telephone: ++32-2-626.20.20 Affiliation: 285 affiliates in 124 countries with a total Fax: ++32-2-648.43.16 membership of 13 million (2001) E-mail: [email protected] General Secretary: Anita Normark Web-site: http://www.icem.org Address: 54, Route des Acacias, PO Box 1412, CH-1227 Carouge GE Regional organisations: Country: Switzerland Africa: Telephone: ++41-22-827 37 77 Fax: ++41-22-827 37 70 Harare: ICEM Africa E-mail: [email protected] P.O. Box BE 1078, Belvédère, Harare, ZIMBABWE Web-site: http://www.ifbww.org Tel: ++263-4-33.63.84 or 89 Fax: ++263-4-33.63.90 Regional organisations: E-mail: [email protected] Africa: Americas: Harare: IFBWW regional office Rio De Janeiro: ICEM Brazil 15 Mold Crescent, Avondale, Box A1300, Harare, ZIMBABWE Rua Visconde de Inhauma 134, 7° Andar – sala 715, Centro Rio De Janeiro, Tel: ++263-4-79 62 94/95 Codige Postal 20094-900, BRAZIL Fax: ++263-4-73 51 46 Tel: ++55-21-25.18.50.59 E-mail: [email protected] Fax: ++55-21-25.18.50.59 E-mail: [email protected] Ouagadougou: Bureau d’éducation ouvrière FITBB 01 Boîte postale 2314, Ouagadougou 01, BURKINA FASO Tel: ++226 30 32 53 Fax: ++226 30 32 53 82 E-mail: [email protected] 83 Globalisation UK/144 22/03/02 10:37 Page 84 APPENDICES APPENDICES Americas: General Secretary: Aidan White Panama: regional office FITCM Address: IPC Résidence Palace - Bloc C, Rue de la Loi Vía Fernandez de Córdoba, Vista Hermosa, local No. 25, Planta Alta, Apartado 155, 1040 Brussels 4518, Panama 5, PANAMA Country: Belgium Tel: ++507-229.29.52 or 229.18.68 Telephone: ++32-2-235.22.00 Fax: ++507-229.18.96 Fax: ++32-2-235.22.19 E-mail: [email protected] E-mail: [email protected] Asia: Web-site: http://www.ifj.org Subang Jaya: IFBWW regional office Regional organisations: No. 7, 1st Floor, USJ 10/1G, 47620 Subang Jaya, Selangor Darul Ehsan, MALAYSIA Africa: Tel: ++60-3-738 33 67 Algiers: Algeria Centre Fax: ++60-3-738 77 21 Maison de la Presse, 1 Rue Bachir Attar, Algiers, ALGERIA E-mail: [email protected] Tel: ++213-2-67.36.79 Fax: ++213-2-67.36.79 Tokyo: IFBWW sub-regional office for East Asia E-mail: fi[email protected] c/o Kensetsu-rengo, Yuai-kaikan 20-12, Shiba 2-chome, Minatu-ku, Tokyo 105, JAPAN Americas: Tel: ++81-3-34.54 09 51 Venezuela: regional office for Latin America Fax: ++81-3-34.53.05.82 C/o SNTP, Casa Nacional de Periodistas Oficina 3, piso 2, Ala “B”, Avda. Andres Bello, entre Las Palmas y La Salle, New Delhi: IFBWW sub-regional office for South Asia Caracas, VENEZUELA 8A/80 W E A Karol Bagh, New Delhi 110005, INDIA Tel: ++58-2-793.19.96 Tel: ++91-11-572.83.57 Fax: ++58-2-793.28.83 Fax: ++91-11-575.59.31 E-mail: [email protected] E-mail: [email protected] Asia: Redfern: Asia-Pacific regional office - project activities Melbourne: IFBWW sub-regional office for the Pacific c/o Media and Entertainment Arts Alliance 1st Floor, 500 Swanston Street, Carlton, Victoria 3053, Melbourne, AUSTRALIA 245 Chalmers Street, Redfern 2016, AUSTRALIA Tel: ++61-3-93.49.24.88 Tel: ++61-2-93.33.09.99 Fax: ++61-3-93.49.25.80 Fax: ++61-2-93.33.09.33 E-mail: [email protected] E-mail: [email protected]

Diliman, Quezon City: IPAPO-IFBWW Philippines Project Ofﬁce Tokyo: IFJ Tokyo Ofﬁce 801 Garcia Tower, 140 Kalayaan Av. cor. Mayaman St., Diliman, Quezon City, Itoh Building 203, Kudan Minami 4-2-12, Chiyoda-ku, Tokyo, T102-0074 PHILIPPINES JAPAN Tel: ++63 2 924 24 64 Tel: ++81-3-32.39.40.55 Fax: ++63 2 924 23 98 Fax: ++81-3-32.39.40.55 E-mail: [email protected] E-mail: [email protected]

IFJ - INTERNATIONAL FEDERATION OF JOURNALISTS Europe: Brussels: European Federation of Journalists Represents workers in: print media, broadcasting, film and television, news agen- 266 Rue Royale, 1210 Brussels cies, press offices, public-relations agencies and new electronic media. Members Tel: ++32-2-219.25.28 must be full-time journalists. Fax: ++32-2-219.29.76 Established: 1952 E-mail: [email protected] Affiliation: 143 affiliates in 104 countries with a total membership of 450.000 (2001)

84 85 Globalisation UK/144 22/03/02 10:37 Page 86 APPENDICES APPENDICES IMF - INTERNATIONAL METALWORKERS' FEDERATION New Delhi: regional office for South Asia Volga House, 159-A Gautam Nagar, Yusuf Sarai Commercial Complex, Represents workers in: production workers and salaried employees in the auto- New Delhi 110 049, INDIA mobile industry, aviation and aerospace industry, electrical engineering and elec- Tel: ++91-11-651.42.83 tronics, mechanical engineering, shipbuilding, iron and steel production, non-fer- Fax: ++91-11-685.28.13 rous metals as well as metal-processing industry E-mail: [email protected] Established: 1904 (1893) Affiliation: 193 affiliates in 101 countries with a total Tokyo: regional office for East Asia membership of almost 23 million (2001) c/o Santoku Yaesu Building, 2-6-21 Yaesu, Chuo-ku, Tokyo 104, JAPAN General Secretary: Marcello Malentacchi Tel: ++81-3-32.74.22.88 or 32.74.24.61 Address: 54 bis, route des Acacias, Case Postale Fax: ++81-3-32.74.24.76 1516, 1227 Geneva E-mail: [email protected] Country: Switzerland Telephone: ++41-22-308.50.50 ITGLWF - INTERNATIONAL TEXTILE, GARMENT AND Fax: ++41-22-308.50.55 LEATHER WORKERS' FEDERATION E-mail: [email protected] Web-site: http://www.imfmetal.ch Represents workers in: textile, garment and leather sector Established: 1960 Regional organisations: Affiliation: 220 affiliates in 110 countries with a total Africa: membership of over 10 million (2001) Johannesburg: regional office for East and Southern Africa General Secretary: Neil Kearney 10th Floor, the Braamfontein Centre, Jorissen Street, Braamfontein, SOUTH Address: Rue Joseph Stevens 8 (bôite 4), 1000 AFRICA Brussels (Mail: PO Box 31016, Braamfontein 2017, Rep. Of South-Africa) Country: Belgium Tel: ++27-11-339.18.12 or 18.25 or 18.32 Telephone: ++32-2-512.26.06 or 512.28.33 Fax: ++27-11-339.47.61 Fax: ++32-2-511.09.04 E-mail: [email protected] E-mail: offi[email protected] Web-site: http://www.itglwf.org/default.asp Americas: Santiago: regional office for Latin America and Caribbean Regional organisations: Monsenor Felix Cabreca No 14, Oficina 33, Esquina Av. Providencia, Santiago, CHILE Africa: Tel: ++56-2-65.50.474 or 477 or 478 Dalbridge: African Regional Consultative Committee Fax: ++56-2-65.50.470 p/a SACTWU, PO Box 18235, 4014 Dalbridge, SOUTH AFRICA E-mail: fi[email protected] Tel: ++27-31-201.07.19 Asia: Fax: ++27-31-201.03.23 Kuala Lumpur: regional office for South East Asia E-mail: [email protected] No. 10-3, Jalan PJS 8/4, Dataran Mentari, Bandar Sunway, 46150 Petaling Jaya, Selangor Darul Ehsan, MALAYSIA Dakar: African Regional Consultative Committee - francophone Africa sub-committee Tel: ++60-3-73.87.904 p/a Syndicat National des Travailleurs de la Bonneterie et de la Confection, Bourse Fax: ++60-3-73.87.902 du Travail, 7 Avenue du Président Lamine Gueye, BP 937, Dakar, SENEGAL E-mail: [email protected] Tel: ++221-21.04.91 Fax: ++221-23.62.19

86 87 Globalisation UK/144 22/03/02 10:37 Page 88 APPENDICES APPENDICES Americas: Ouagadougou: African Francophone office Venezuela: FITTVCC/ORI 1450, Avenue Kwame Nkrumah, 10 BP 13499, Ouagadougou 10, BURKINA Av. Miranda, entre Comercio y Piar, Edificio Centro Profesional “Los Andes”, FASO Torre A, Piso 3, Oficina 3D, Cagua, Estado Aragua, VENEZUELA Tel: ++226-20.53.62 Tel: ++58-244-95.88.13 Fax: ++226-33.31.01 Fax: ++58-244-95.88.13 E-mail: [email protected] E-mail: [email protected] Americas: Asia: Rio de Janeiro: ITF Inter-American Office Tokyo: TWARO Av. Rio Branco, 26-11 Andar, CEP 20090-001 Centro, Rio de Janeiro, RJ, BRAZIL 6th Floor, Zensen Kaikan Building, 8-16, Kudan Minami 4-chome, Chiyoda-ku, Tel: ++55-21-233.28.12/263.19.65 Tokyo 102, JAPAN Fax: ++55-21-283.03.14 Tel: ++81-3-32.88.37.25 E-mail: [email protected] Fax: ++81-3-32.88.37.28 Web-site: http://www.itf-americas.org.br E-mail: [email protected] Europe: Georgetown: ITF Caribbean sub-regional office Brussels: ERO 198 Camp Street, S Cummingsburg, Georgetown, GUYANA Rue J. Stevens 8, 1000 Brussels, BELGIUM Tel: ++592-2-71.197/50.820/54.285 Tel: ++32-2-511.54.77 Fax: ++592-2-50.820 Fax: ++32-2-511.81.54 E-mail: [email protected] E-mail: [email protected] Asia: Tokyo: regional office for Asia-Pacific ITF - INTERNATIONAL TRANSPORT WORKERS' FEDERATION Tamachi Kotsu Building, 3-2-22 Shibaura, Minato-ku, Tokyo 108-0023, JAPAN Tel: ++81-3-37.98.27.70 Represents workers in: transport industry Fax: ++81-3-37.69.44.71 Established: 1896 E-mail: [email protected] Affiliation: 578 affiliates in 134 countries with a total membership of over 4.5 million (2001) New Delhi: sub-regional office General Secretary: David Cockroft 12D College Lane, New Delhi 110001, INDIA Internal divisions: railways, road transport, inland waterways, Tel: ++91-11-335.44.08 docks, seafaring, fishery, civil and tourism Fax: ++91-11-335.44.07 services E-mail: itfi[email protected] Address: 49-60 Borough Road, London SE1 1DS Country: Great-Britain Europe: Telephone: ++44-20-74.03.27.33 Moscow: sub-regional office Fax: ++44-20-73.57.78.71 c/o ITURR, 11 Staraya Basmannaya, 103064 Moscow, RUSSIA E-mail: [email protected] Tel: ++7-095-262.29.95/262.58.73 Web-site: http://www.itf.org.uk Fax: ++7-095-923.88.31 E-mail: [email protected] Regional organisations: Web-site: http://www.itf.ru Africa: Brussels: European Transport Workers’ Federation (ETF) Nairobi: African regional office 22 Rue de Pascale, 1040 Brussels, BELGIUM PO Box 66540, Westlands, Nairobi, KENYA Tel.: ++32-2-285.46.60 Tel: ++254-2-44.80.18 Fax.: ++32-2-280.08.17 Fax: ++254-2-44.80.20 E-mail: [email protected] E-mail: [email protected] Web-site: www.itf.org.uk/ETF/BE/enewsindex.htm

88 89 Globalisation UK/144 22/03/02 10:37 Page 90 APPENDICES APPENDICES IUF - INTERNATIONAL UNION OF FOOD, AGRICULTURAL, Ahmedabad: Asia and Pacific, South Asia Education Office HOTEL, RESTAURANT, CATERING, TOBACCO AND ALLIED 8/4 Tilak Apartments, Maharashtra Society, Mithakhali, Ahmedabad 380 006, INDIA WORKERS' ASSOCIATION Tel: ++91-79-644.40.47 Fax: ++91-79-644.40.47 Represents workers in: food and drink sector, hotel, restaurant, catering and E-mail: [email protected] tourism services, agriculture and plantation farming and tobacco processing Established: 1920 Haymarket: IUF Australian Consultative Committee (IUF-ACC): Affiliation: 326 affiliates in 118 countries with a total Locked Bag 9, Haymarket NSW 1240, AUSTRALIA membership of 10 million (2000) Tel: ++61-2-92.81.95.11 General Secretary: Ron Oswald Fax: ++61-2-92.81.44.80 Address: Rampe du Pont Rouge 8, 1213 Petit-Lancy Country: Switzerland Tokyo: IUF Japan Co-ordinating Council (IUF-JCC) Telephone: ++41-22-793.22.33 Sanei Building (Annex 2F), 17-11, 2-Chome, Kyobashi, Chuo-ku, Tokyo 104, Fax: ++41-22-793.22.38 JAPAN E-mail: [email protected] Tel: ++81-3-52.50.03.75/6 Web-site: http://www.iuf.org Fax: ++81-3-52.50.03.74 E-mail: [email protected] Regional organisations: Caribbean Africa: Bridgetown: Regional secretariat for Caribbean Nairobi: IUF Secretariat for Africa c/o Barbados Workers Union, “Solidarity House”, Harmony Hall, St-Michel, Woodland house, 1st Floor, Moi Avenue, PO Box 11071, Nairobi, KENYA PO Box 172, Bridgetown, BARBADOS Tel: ++254-2-31.22.96/7 Tel: ++1-246-426.34.92/5 Fax: ++254-2-31.22.98 Fax: ++1-246-436.64.96 E-mail: [email protected] E-mail: [email protected] (Att.: LeVere Richards) America: Europe: Montevideo: regional office for Latin America Brussels: EFFAT (European Federation of Trade Unions in the Food, c/o Wilson Ferreira, Aldunante 1229, Oficina 201 CP 11100, Montevideo, Agriculture and Tourism sectors and allied branches) URUGUAY 38 Rue Fossé-aux-Loups, Boîte No.3, 1000 Brussels, BELGIUM Tel: ++598-2-900.74.73 or 902.10.48 Tel: ++32-2-218.77.30 Fax: ++598-2-903.09.05 Fax: ++32-2-218.30.18 E-mail: [email protected] E-mail: [email protected] Web-site: http://www.chasque.apc.org/uita/ Zagreb: ICEM/IUF Education Project Southern and Eastern Europe Washington: Food and Allied Service Trades Department, AFL-CIO (FAST) Trg kralja P. Kresimira, br. 2 (kod EKN), 10 000 Zagreb, CROATIA 815 Sixteenth Street NW, Suite 408, Washington DC 20006, USA Tel: ++385-1-465.57.11 Tel: ++1-202-737.72.00 Fax: ++385-1-465.57.11 Fax: ++1-202-737.72.08 E-mail: [email protected] E-mail: [email protected] Vilnius: Baltic Co-ordination Office Asia: C/o Lithuanian Trade Union of Food Producers, J. Jasinskio 9, 2600 Vilnius, Sydney: regional secretariat for Asia and the Pacific LITHUANIA 377-383 Sussex Street, Room 5, 8th Floor, Labour Council, Building, Sydney, Tel: ++370-2-62.61.68 or 70.40 or ++370-2-22.25.21 NSW 2000, AUSTRALIA Fax: ++370-2-61.90.78 Tel: ++61-2-92.64.64.09 E-mail: [email protected] Fax: ++61-2-92.61.85.39 E-mail: [email protected] Web-site: http://www.peg.apc.org/~~iufasia/

90 91 Globalisation UK/144 22/03/02 10:37 Page 92 APPENDICES APPENDICES Moscow: Eastern Europe and Central Asia Office (Moscow) Regional organisations: Room 34-27, Leninsky Prospekt 42, 117119 Moskva, RUSSIA Africa and Arab Countries: Tel: ++7-095-938.86.17 Lomé: regional office for Africa and Arab Countries Fax: ++7-095-938.81.89 BP 8473, TG Lomé, TOGO E-mail: [email protected] Tel.: ++228-21.85.52 Web-site: http://www.trud.org/iuf Fax.: ++228.21.28.52 E-mail: [email protected] Oslo: Nordisk Union inden for Naerings-og Nydelsesmiddelindustrien (food) c/o NNN, Arbeidersamfunnets pl.1, Postboks 8719 Youngstorget, Braamfontein: sub-regional office for Southern Africa 0028 Oslo 1, NORWAY P.O. Box 32136, ZA Braamfontein 2017, SOUTH AFRICA Tel: ++47-2-220.66.75 Tel: ++27-11-403.77.65/6 Fax: ++47-2-236.47.84 Fax: ++27-11-403.24.79 E-mail: fi[email protected] E-mail: [email protected]

Stockholm: Nordiska Unionen för Hotell-, Café- och Restauranganställda (HRC) Lebanon: sub-regional office for Arabic speaking countries c/o Hotell & Restaurang Facket, Box 1143, 111 81 Stockholm, SWEDEN Yachoui Center - 6th Floor, LB Jal El Dib, LEBANON Tel: ++46-8-781.02.00 Tel: ++961-4-71.77.38 Fax: ++46-8-411.71.18 Fax: ++961-9-91.35.67 E-mail: [email protected] Stockholm: Svenska IUL-kommittén C/o SLF, Upplandsgatan 3, Box 1104, 11 181 Stockholm, SWEDEN Americas: Tel: ++46-8-796.29.70 Washington: Inter-American regional office Fax: ++46-8-796.29.88 733 15th st. N.W. Suite 324, Washington D.C. 20005, USA Tel: ++1-202-824.08.80 PSI - PUBLIC SERVICES INTERNATIONAL Fax: ++1-202-824.08.81 E-mail: [email protected] Represents workers in: employees in public administrations, enterprises and institutions of regional authorities, public corporations, foundations, public institutions; in Cali Valle: sub-regional office for the Andean region companies generating and distributing gas, electricity and water, of waste manage- Carrera 66# 13B-64 Camambù, Casa 15, Cali Valle, COLOMBIA ment; in the environmental, social and health sector; in public educational, cultural Tel: ++57-2-33.97.954 and leisure-time facilities as well as other public institutions, administrations and Fax: ++57-2-31.53.128 companies delivering public services; employees in international institutions which E-mail: [email protected] have been established by states or communities of states. Teachers and employees of nationally operated postal and railway services are explicitly excluded. Sao Paulo: sub-regional office for Brazil Established: 1907 Alameda Jau 796, Apto. 1007, BR Sao Paulo, Capital 01420-001, BRAZIL Affiliation: More than 500 affiliates in more than 140 Tel: ++55-11-284.08.40 countries with a total membership of 20 mil- Fax: ++55-11-284.08.40 lion (2001) E-mail: [email protected] General Secretary: Hans Engelberts Address: BP 9, 01211 Ferney-Voltaire Cedex Santiago: sub-regional office for Southern Cone Country: France Las Nieves No 3477, Dpto No. 95, Vitacura, CL Santiago, CHILE Telephone: ++33-450.40.64.64 Tel: ++56-2-207.52.80 Fax: ++33-450.40.73.20 Fax: ++56-2-245.00.85 E-mail: [email protected] E-mail: [email protected] Web-site: http://www.world-psi.org/

92 93 Globalisation UK/144 22/03/02 10:37 Page 94 APPENDICES APPENDICES San José: sub-regional office for Central America UNI – UNION NETWORK INTERNATIONAL Barrio Fco., Peralta 100E.25N, Casa Italia, Ofic. Reg IE/ISP, CR San José, COSTA RICA Tel: ++506-281.17.48 UNI is the result of the merger on January 1st 2000 of CI (Communications Fax: ++506-281.16.15 International), FIET (International Federation of Commercial, Clerical, E-mail: [email protected] Professional and Technical Employees), IGF (International Graphical Federation) and MEI (Media and Entertainment International) Asia: Kuala Lumpur: regional office for Asia and Pacific Region Represents workers in: employees in the postal and telecommunications services; 25-2, Jalan Telawi Dua, Bangsar Baru, MY 59100 Kuala Lumpur, MALAYSIA salaried employees in industry, business service, information technology, com- Tel: ++60-3-28.71.782 merce, financial services, social insurance and private health care, property ser- Fax: ++60-3-28.71.780 vices, tourism, professional and managerial staff; E-mail: [email protected] employees in the newspaper sector, magazine sector, book publishing sector, advertising and PR agencies, job-printing companies, packaging and paper processing; Haryana: sub-regional office for South Asia technicians and others employed in broadcasting and television, film production, House No. 61, I-Block, sector 10, Faridabad, 121007 Haryana, INDIA projection and other media, the advertising industry, theatres and similar artistic Tel: ++91-129-526.06.69 and entertainment industries. Fax: ++91-129-28.61.98 Established: 2000 E-mail: [email protected] Affiliation: 900 affiliates in 140 countries with a total membership of about 15.5 million (2000) Tokyo: PSI Tokyo office General Secretary: Philip Jennings 5th Floor, Jichiro Building, 1 Rokubancho, Chiyoda-ku, Tokyo, JAPAN Address: 8-10 Av. Reverdil, 1260 Nyon Tel: ++81-3-32.34.32.70 Country: Switzerland Fax: ++81-3-52.75.54.64 Telephone: ++41-22-365.21.00 E-mail: [email protected] Fax: ++41-22-365.21.21 Europe: E-mail: [email protected] Brussels: PSI Liaison Office/Secretariat of the European Federation of Public Web-site: http://www.union-network.org Service unions 45 Rue Royale, 1000 Brussels, BELGIUM Internal divisions: UNI is divided into 12 sectors: UNI Commerce; UNI Electricity; Tel: ++32-2-250.10.80 UNI Finance; UNI Graphical; UNI Hair & Beauty; UNI IBITS (white collar, pro- Fax: ++32-2-250.10.99 fessional and IT staff); UNI Media, Entertainment & Arts; UNI Postal; UNI E-mail: [email protected] Property Services; UNI Social Insurance & Private Health Care; UNI Telecommunications; UNI Tourism. Praha: sub-regional office for Central Europe W. Churchill Sq. 2, CZ 11359, Praha 3, CZECH REPUBLIC Regional organisations: Tel: ++420-2-24.46.35.59 Africa: Fax: ++420-2-24.46.35.57 Ndola: UNI-Africa regional office E-mail: [email protected] PO Box 71760, Ndola, ZAMBIA Tel.: ++260-2-61.28.89 Bucarest: sub-regional office for South East Europe Fax.: ++260-2-61.30.54 Str. Piata Amzei 10-22, Sc. B, Et. 5, Ap. 26, RO Bucuresti Sector 1, ROMANIA E-mail: [email protected] Tel: ++40-1-65.92.559 Fax: ++40-1-65.92.559 Abidjan: regional office E-mail: [email protected] Vieux Cocody B, 40 Rue du Lycée Technique, Immeuble SCI AIGLE, 01 BP 6811, Abidjan, IVORY COAST Kiev: Sub-regional office for North-East Europe Tel.: ++225-22.48.73/22.48.60.80 Maidin Nezalezhnosti 2, 252012 Kiev, UKRAINE Fax.: ++225-22.48.73.65 Tel: ++380-44-22.81.249 E-mail: [email protected] Fax: ++380-44-22.81.249 94 E-mail: [email protected] 95 Globalisation UK/144 22/03/02 10:37 Page 96 APPENDICES APPENDICES Harare: regional office Auckland: regional office PO Box CR 6030, Harare, ZIMBABWE PO Box 91-361, Auckland Mall Centre, Auckland 1001, NEW ZEALAND Tel: ++263-4-78.06.18 Tel: ++64-96.23.00.74 Fax: ++263-4-77.57.94 Fax: ++64-96.30.31.48 E-mail: [email protected] E-mail: [email protected] Americas: Europe: Panama: UNI Americas regional office Brussels: UNI Europa regional office Torre Frontenac Calle 50, Piso 5, Panama City , PANAMA Rue de l’Hôpital, 31/Box 9, 1000 Brussels, BELGIUM Tel: ++507-269.71.64 or 269.84.26 Tel: ++32-2-234.56.56 Fax: ++507-269.70.89 Fax: ++32-2-235.08.70 E-mail: [email protected] E-mail: [email protected]

Buenos Aires: regional office Bonn: UNI-project office Esmeralda 672 – 4° y 5° Piso, 1007 Buenos Aires, ARGENTINA E-mail: [email protected] Tel: ++54-1-325.65.08 Fax: ++54-1-325.65.08 Bucharest: regional office E-mail: [email protected] 3, Str. Stefan Cel Mare, Secteur 1, Bucarest, ROMANIA Tel.: ++40-1-61.93.165 San Jose: regional office Fax.: ++40-1-21.03.072 Sabana Norte del Edificio ICE, 100 Norte y 50 Este, San Jose, COSTA RICA E-mail: [email protected] Tel: ++506-220.17.91/17.92 Fax: ++506-220.17.93 Moscow: regional office E-mail: [email protected] E-mail: [email protected] Asia: Singapore: UNI-Asia & Pacific regional office 170 Upper Bukit Timah Road No. 14-03, Bukit Timah Shopping Centre, Singapore 588179, SINGAPORE Tel: ++65-467.78.88 Fax: ++65-468.14.10 E-mail: uni-asiapacifi[email protected]

Sri Lanka: regional ofﬁce 327 Air Force Road, Kurana, Katunayake, SRI LANKA Tel.: ++94-31-330.75 Fax.: ++94-31-330.66 E-mail: [email protected]

Tokyo: regional ofﬁce C/o Zendentsu Kaikan 6F 3-6, Kandasurugadai, Chiyodaku, Tokyo 101-0062, JAPAN Tel.: ++81-3-32.51.33.71 Fax.: ++81-3-32.57.08.39 E-mail: [email protected]

96 97 Globalisation UK/144 22/03/02 10:37 Page 98 APPENDICES APPENDICES APPENDIX 1I ICFTU Offices Representatives: Geneva: ICFTU Geneva Office OTHER INTERNATIONAL TRADE UNION Avenue Blanc 46, 1202 Genève, SWITZERLAND ORGANISATIONS + ILO Tel.: ++41-22-738.42.02 or 03 Fax.: ++41-22-738.10.82 E-mail: [email protected] ICFTU - INTERNATIONAL CONFEDERATION OF FREE TRADE New York: ICFTU United Nations Office UNIONS 211 East 43rd Street, Suite 710, New York NY 10017, USA Represents workers in: all affiliated free labour organisations, for the most part Tel: ++1-212-370.01.80 national trade union centres Fax.: ++1-212-370.01.88 Established: 1949 E-mail: [email protected] Affiliation: 221 affiliates in 148 countries with a total membership of 156 million (2001) Washington: ICFTU/ITS Washington Office General Secretary: Guy Ryder 1925 K Street NW, Suite 425, Washington DC 20006, USA Address: Boulevard du Roi Albert II, 5, 1210 Brussels Tel.: ++1-202-463.85.73 Country: Belgium Fax.: ++1-202-463.85.64 Telephone: ++32-2-224.02.11 E-mail: [email protected] Fax: ++32-2-201.58.15 E-mail: [email protected] Rome: ICFTU Permanent Representative to the FAO Web-site: http://www.icftu.org C/o UIL, Via Lucullo 6, 00187 Roma, ITALY Tel.: ++390-6-47.531 Regional organisations: Americas: Vienna: ICFTU Permanent Representative to the IAEA Caracas: ORIT (Organización Regional Interamericana de Trabajadores) Rugierstrasse 12/30, 1220 Vienna, AUSTRIA regional office for North and South America Tel.: ++43-1-230.01.40 Avda. Andrés Eloy Blanco (Este 2), Edificio José Vargas, Piso 15, Los Caobas, Caracas, VENEZUELA Vienna: ICFTU Permanent Representative to UNIDO Tel: ++58-2-578.35.38 or 578.10.92 or 578.27.80 Pokornygasse 31/19, 1190 Wien, AUSTRIA Fax: ++58-2-578.17.02 Tel.: ++43-1-369.13.75 E-mail: [email protected] Web-site: http://www.ciosl-orit.org Moscow: ICFTU Office for the N.I.S. Ul. Zemlynov Val, 64/1 L. 623, 109004, Moscow, RUSSIA Africa: Tel.: ++7-095-915.78.99 Nairobi: AFRO (African Regional Organisation) Fax.: ++7-095-915.78.99 Kenya Re Towers - 4th Floor, Upper Hill, Off Ragati Road, P.O. Box 67273, E-mail: [email protected] Nairobi, KENYA Teléfono: ++254-2-24.43.36 Sarajevo: ICFTU South-East European Office Fax: ++254-2-21.50.72 Ulica Valtera Perica 22/III, 71000 Sarajevo, BOSNIA-HERZEGOVINA E-mail: [email protected] Tel.: ++387-33-218.322 Asia: Fax.: ++387-33-203.305 Singapore: APRO (Asian and Pacific Regional Organisation) E-mail: [email protected] 4th Floor, 73 Bras Basah Road, Singapore 189556, SINGAPORE Tel: ++65-222.62.94 Sofia: ICFTU CEE TU Rights Network Fax: ++65-221.73.80 21 Rue Damian Grouev, Sofia, BULGARIA E-mail: [email protected] Tel.: ++359-2-526.756 Web-site: http://www.icftu-apro.org Fax.: ++359-2-526.756

98 99 Globalisation UK/144 22/03/02 10:37 Page 100 APPENDICES APPENDICES Zagreb: ICFTU CEE Gender Project Address: 26 Avenue de la Grande-Armée, 75017 Paris C/o UATUC, Kresimirov trg. 2, 10000 Zagreb, CROATIA Country: France Tel.: ++385-1-465.50.21 Telephone: ++33-1-55.37.37.37 Fax.: ++385-1-465.50.21 Fax: ++33-1-47.54.98.28 E-mail: [email protected] E-mail: [email protected] Web-site: http://www.tuac.org Hong Kong: ICFTU/HKCTU Hong Kong Liaison Ofﬁce 19/F Wing Wong Commercial Bldg., 557-559 Nathan Road, Kowloon, HONG KONG ILO - INTERNATIONAL LABOUR ORGANISATION Tel.: ++852-27.70.86.68 Established: 1919 Fax.: ++852-27.70.73.88 Director-General: Juan Somavia E-mail: [email protected] Address: Route des Morillons 4, 1211 Geneva 22 Country: Switzerland Amman: ICFTU Amman Ofﬁce Telephone: ++41-22-799.61.11 POB 925 875, Amman 11110, Jordan Fax: ++41-22-798.86.85 Tel.: ++962-6-560.31.81 E-mail: [email protected] Fax.: ++962-6-560.31.85 Web-site: http://www.ilo.org E-mail: [email protected]

ETUC - EUROPEAN TRADE UNION CONFEDERATION

Represents workers in: afﬁliated European national centres and European industry federations Established: 1973 Afﬁliation: 74 confederations in 34 countries, 11 industry federations, total membership of 60 million (2001) General Secretary: Emilio Gabaglio Address: Boulevard du Roi Albert II, 5, 1210 Brussels Country: Belgium Telephone: ++32-2-224.04.11 Fax: ++32-2-224.04.54 or 55 E-mail: [email protected] Web-site: http://www.etuc.org

TUAC - TRADE UNION ADVISORY COMMITTEE TO THE ORGANI- SATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

(The 30 member countries of the OECD are: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Slovakia, Sweden, Switzerland, Turkey, United Kingdom, United States)

Represents workers in: affiliated national trade union centres in OECD countries Established: 1948 Affiliation: 56 affiliates in 30 countries with a total membership of 70 million (2001) General Secretary: John Evans

100 101 Globalisation UK/144 22/03/02 10:37 Page 102 APPENDICES APPENDICES APPENDIX III The International Labour Conference, 1. Recalls: THE ILO DECLARATION ON FUNDAMENTAL (a) that in freely joining the ILO, all Members have endorsed the principles and PRINCIPLES AND RIGHTS AT WORK + THE rights set out in its Constitution and in the Declaration of Philadelphia, and have undertaken to work towards attaining the overall objectives of the FUNDAMENTAL ILO CONVENTIONS (MAIN Organisation to the best of their resources and fully in line with their specific ARTICLES) circumstances; (b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in Conventions recognised as funda- THE ILO DECLARATION ON FUNDAMENTAL PRINCIPLES mental both inside and outside the Organisation. AND RIGHTS AT WORK 2. Declares that all Members, even if they have not ratified the Conventions in Whereas the ILO was founded in the conviction that social justice is essential to question, have an obligation arising from the very fact of membership in the universal and lasting peace; Organisation, to respect, to promote and to realise, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights Whereas economic growth is essential but not sufficient to ensure equity, social which are the subject of those Conventions, namely: progress and the eradication of poverty, confirming the need for the ILO to pro- (a) freedom of association and the effective recognition of the right to collective mote strong social policies, justice and democratic institutions; bargaining; (b) the elimination of all forms of forced or compulsory labour; Whereas the ILO should, now more than ever, draw upon all its standard-setting, (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation. technical co-operation and research resources in all its areas of competence, in particular employment, vocational training and working conditions, to ensure that, in 3. Recognises the obligation on the Organisation to assist its Members, in response the context of a global strategy for economic and social development, economic and to their established and expressed needs, in order to attain these objectives by social policies are mutually reinforcing components in order to create broad-based making full use of its constitutional, operational and budgetary resources, includ- sustainable development; ing by the mobilisation of external resources and support, as well as by encouraging other international organisations with which the ILO has established rela- Whereas the ILO should give special attention to the problems of persons with tions, pursuant to article 12 of its Constitution, to support these efforts: special social needs, particularly the unemployed and migrant workers, and (a) by offering technical co-operation and advisory services to promote the rat- mobilise and encourage international, regional and national efforts aimed at ification and implementation of the fundamental Conventions; resolving their problems, and promote effective policies aimed at job creation; (b) by assisting those Members not yet in a position to ratify some or all of these Conventions in their efforts to respect, to promote and to realise the princi- Whereas, in seeking to maintain the link between social progress and economic ples concerning fundamental rights which are the subject of those growth, the guarantee of fundamental principles and rights at work is of particu- Conventions; and lar significance in that it enables the persons concerned to claim freely and on the (c) by helping the Members in their efforts to create a climate for economic and basis of equality of opportunity their fair share of the wealth which they have social development. helped to generate, and to achieve fully their human potential; 4. Decides that, to give full effect to this Declaration, a promotional follow-up, Whereas the ILO is the constitutionally mandated international organisation and which is meaningful and effective, shall be implemented in accordance with the the competent body to set and deal with international labour standards, and measures specified in the annex hereto, which shall be considered as an integral enjoys universal support and acknowledgement in promoting fundamental rights part of this Declaration. at work as the expression of its constitutional principles; 5. Stresses that labour standards should not be used for protectionist trade purposes, Whereas it is urgent, in a situation of growing economic interdependence, to reaf- and that nothing in this Declaration and its follow-up shall be invoked or other- firm the immutable nature of the fundamental principles and rights embodied in wise used for such purposes; in addition, the comparative advantage of any coun- the Constitution of the Organisation and to promote their universal application; try should in no way be called into question by this Declaration and its follow-up.

102 103 Globalisation UK/144 22/03/02 10:37 Page 104 APPENDICES APPENDICES ANNEX III. Global report Follow-up to the Declaration A. Purpose and scope I. Overall purpose 1. The aim of the follow-up described below is to encourage the efforts made by 1. The purpose of this report is to provide a dynamic global picture relating to each the Members of the Organisation to promote the fundamental principles and category of fundamental principles and rights noted during the preceding four- rights enshrined in the Constitution of the ILO and the Declaration of year period, and to serve as a basis for assessing the effectiveness of the assis- Philadelphia and reaffirmed in this Declaration. tance provided by the Organisation, and for determining priorities for the fol- 2. In line with this objective, which is of a strictly promotional nature, this follow-up lowing period, in the form of action plans for technical co-operation designed in will allow the identification of areas in which the assistance of the Organisation particular to mobilise the internal and external resources necessary to carry through its technical co-operation activities may prove useful to its Members to them out. help them implement these fundamental principles and rights. It is not a substitute 2. The report will cover, each year, one of the four categories of fundamental for the established supervisory mechanisms, nor shall it impede their functioning; principles and rights in turn. consequently, specific situations within the purview of those mechanisms shall not be examined or re-examined within the framework of this follow-up. B. Modalities 3. The two aspects of this follow-up, described below, are based on existing procedures: the annual follow-up concerning non-ratified fundamental Conventions will 1. The report will be drawn up under the responsibility of the Director-General entail merely some adaptation of the present modalities of application of article 19, on the basis of official information, or information gathered and assessed in paragraph 5(e) of the Constitution; and the global report will serve to obtain the accordance with established procedures. In the case of States which have not best results from the procedures carried out pursuant to the Constitution. ratified the fundamental Conventions, it will be based in particular on the findings of the aforementioned annual follow-up. In the case of Members II. Annual follow-up concerning non-ratified fundamental Conventions which have ratified the Conventions concerned, the report will be based in particular on reports as dealt with pursuant to article 22 of the Constitution. A. Purpose and scope 2. This report will be submitted to the Conference for tripartite discussion as a 1. The purpose is to provide an opportunity to review each year, by means of sim- report of the Director-General. The Conference may deal with this report sep- plified procedures to replace the four-year review introduced by the Governing arately from reports under article 12 of its Standing Orders, and may discuss Body in 1995, the efforts made in accordance with the Declaration by Members it during a sitting devoted entirely to this report, or in any other appropriate which have not yet ratified all the fundamental Conventions. way. It will then be for the Governing Body, at an early session, to draw con- 2. The follow-up will cover each year the four areas of fundamental principles and clusions from this discussion concerning the priorities and plans of action for rights specified in the Declaration. technical co-operation to be implemented for the following four-year period.

B. Modalities IV. It is understood that: 1. Proposals shall be made for amendments to the Standing Orders of the Governing 1. The follow-up will be based on reports requested from Members under article 19, Body and the Conference which are required to implement the preceding provi- paragraph 5(e) of the Constitution. The report forms will be drawn up so as to sions. obtain information from governments which have not ratified one or more of the 2. The Conference shall, in due course, review the operation of this follow-up in fundamental Conventions, on any changes which may have taken place in their the light of the experience acquired to assess whether it has adequately ful- law and practice, taking due account of article 23 of the Constitution and estab- filled the overall purpose articulated in Part I. lished practice. 2. These reports, as compiled by the Office, will be reviewed by the Governing Body. 3. With a view to presenting an introduction to the reports thus compiled, drawing THE FUNDAMENTAL ILO CONVENTIONS (MAIN ARTICLES) attention to any aspects which might call for a more in-depth discussion, the Office may call upon a group of experts appointed for this purpose by the Governing Body. CONVENTION NO. 87 4. Adjustments to the Governing Body's existing procedures should be examined to CONVENTION CONCERNING FREEDOM OF ASSOCIATION AND allow Members which are not represented on the Governing Body to provide, in the PROTECTION OF THE RIGHT TO ORGANISE most appropriate way, clarifications which might prove necessary or useful during Governing Body discussions to supplement the information contained in their reports. The General Conference of the International Labour Organisation,

104 105 Globalisation UK/144 22/03/02 10:37 Page 106 APPENDICES APPENDICES Having been convened at San Francisco by the Governing Body of the International Article 5 Labour Office, and having met in its Thirty-first Session on 17 June 1948; Workers' and employers' organisations shall have the right to establish and join Having decided to adopt, in the form of a Convention, certain proposals confederations and confederations and any such organisation, federation or confed- cerning freedom of association and protection of the right to organise, which is the eration shall have the right to affiliate with international organisations of workers seventh item on the agenda of the session; and employers.

Considering that the Preamble to the Constitution of the International Labour Article 6 Organisation declares recognition of the principle of freedom of association to be The provisions of Articles 2, 3 and 4 hereof apply to federations and confedera- a means of improving conditions of labour and of establishing peace; tions of workers' and employers' organisations.

Considering that the Declaration of Philadelphia reafﬁrms that freedom of expres- Article 7 sion and of association are essential to sustained progress; The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a char- Considering that the International Labour Conference, at its Thirtieth Session, unani- acter as to restrict the application of the provisions of Articles 2, 3 and 4 hereof. mously adopted the principles which should form the basis for international regulation; Article 8 Considering that the General Assembly of the United Nations, at its Second 1. In exercising the rights provided for in this Convention workers and employers Session, endorsed these principles and requested the International Labour and their respective organisations, like other persons or organised collectivities, shall respect the law of the land. Organisation to continue every effort in order that it may be possible to adopt one 2. The law of the land shall not be such as to impair, nor shall it be so applied as or several international Conventions; to impair, the guarantees provided for in this Convention. adopts the ninth day of July of the year one thousand nine hundred and forty- Article 9 eight, the following Convention, which may be cited as the Freedom of 1. The extent to which the guarantees provided for in this Convention shall apply to Association and Protection of the Right to Organise Convention, 1948: the armed forces and the police shall be determined by national laws or regulations. Part I. Freedom of Association 2. In accordance with the principle set forth in paragraph 8 of article 19 of the Constitution of the International Labour Organisation the ratiﬁcation of this Article 1 Convention by any Member shall not be deemed to affect any existing law, Each Member of the International Labour Organisation for which this award, custom or agreement in virtue of which members of the armed forces or Convention is in force undertakes to give effect to the following provisions. the police enjoy any right guaranteed by this Convention.

Article 2 Article 10 Workers and employers, without distinction whatsoever, shall have the right to In this Convention the term organisation means any organisation of workers or of establish and, subject only to the rules of the organisation concerned, to join employers for furthering and defending the interests of workers or of employers. organisations of their own choosing without previous authorisation. Part II. Protection of the Right to Organise Article 3 Article 11 1. Workers' and employers' organisations shall have the right to draw up their Each Member of the International Labour Organisation for which this constitutions and rules, to elect their representatives in full freedom, to organ- Convention is in force undertakes to take all necessary and appropriate measures ise their administration and activities and to formulate their programmes. to ensure that workers and employers may exercise freely the right to organise. 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. CONVENTION 98 CONVENTION CONCERNING THE APPLICATION OF THE PRINCIPLES Article 4 OF THE RIGHT TO ORGANISE AND TO BARGAIN COLLECTIVELY Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority. The General Conference of the International Labour Organisation,

106 107 Globalisation UK/144 22/03/02 10:37 Page 108 APPENDICES APPENDICES Having been convened at Geneva by the Governing Body of the International Article 5 Labour Ofﬁce, and having met in its Thirty-second Session on 8 June 1949, and 1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or reg- Having decided upon the adoption of certain proposals concerning the application ulations. of the principles of the right to organise and to bargain collectively, which is the 2. In accordance with the principle set forth in paragraph 8 of article 19 of the fourth item on the agenda of the session, and Constitution of the International Labour Organisation the ratiﬁcation of this Convention by any Member shall not be deemed to affect any existing law, Having determined that these proposals shall take the form of an international award, custom or agreement in virtue of which members of the armed forces or Convention, the police enjoy any right guaranteed by this Convention.

adopts the first day of July of the year one thousand nine hundred and forty-nine, Article 6 the following Convention, which may be cited as the Right to Organise and This Convention does not deal with the position of public servants engaged in the Collective Bargaining Convention, 1949: administration of the State, nor shall it be construed as prejudicing their rights or status in any way. Article 1 CONVENTION NO. 29: 1. Workers shall enjoy adequate protection against acts of anti-union discrimina- CONVENTION CONCERNING FORCED LABOUR tion in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to The General Conference of the International Labour Organisation, a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; Having been convened at Geneva by the Governing Body of the International b) cause the dismissal of or otherwise prejudice a worker by reason of union Labour Office, and having met in its Fourteenth Session on 10 June 1930, and membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. Having decided upon the adoption of certain proposals with regard to forced or compulsory labour, which is included in the first item on the agenda of the Session, and, Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against Having determined that these proposals shall take the form of an international any acts of interference by each other or each other's agents or members in their Convention, establishment, functioning or administration. 2. In particular, acts which are designed to promote the establishment of workers' adopts the twenty-eighth day of June of the year one thousand nine hundred and organisations under the domination of employers or employers' organisations, thirty, the following Convention, which may be cited as the Forced Labour or to support workers' organisations by financial or other means, with the Convention, 1930, for ratification by the Members of the International Labour object of placing such organisations under the control of employers or employ- Organisation in accordance with the provisions of the Constitution of the ers' organisations, shall be deemed to constitute acts of interference within the International Labour Organisation: meaning of this Article. Article 1 Article 3 1. Each Member of the International Labour Organisation which ratifies this Machinery appropriate to national conditions shall be established where necessary, Convention undertakes to suppress the use of forced or compulsory labour in for the purpose of ensuring respect for the right to organise as defined in the preced- all its forms within the shortest possible period. ing Articles. 2. With a view to this complete suppression, recourse to forced or compulsory labour may be had, during the transitional period, for public purposes only and Article 4 as an exceptional measure, subject to the conditions and guarantees hereinafter Measures appropriate to national conditions shall be taken, where necessary, to provided. encourage and promote the full development and utilisation of machinery for vol- 3. At the expiration of a period of five years after the coming into force of this untary negotiation between employers or employers' organisations and workers' Convention, and when the Governing Body of the International Labour Office organisations, with a view to the regulation of terms and conditions of employ- prepares the report provided for in Article 31 below, the said Governing Body ment by means of collective agreements. shall consider the possibility of the suppression of forced or compulsory labour

108 109 Globalisation UK/144 22/03/02 10:37 Page 110 APPENDICES APPENDICES in all its forms without a further transitional period and the desirability of plac- 2. Where concessions exist containing provisions involving such forced or coming this question on the agenda of the Conference. pulsory labour, such provisions shall be rescinded as soon as possible, in order to comply with Article 1 of this Convention. Article 2 1. For the purposes of this Convention the term forced or compulsory labour shall Article 6 mean all work or service which is exacted from any person under the menace of Officials of the administration, even when they have the duty of encouraging the any penalty and for which the said person has not offered himself voluntarily. populations under their charge to engage in some form of labour, shall not put 2. Nevertheless, for the purposes of this Convention, the term forced or compul- constraint upon the said populations or upon any individual members thereof to sory labour shall not include work for private individuals, companies or associations. a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character; Article 7 b) any work or service which forms part of the normal civic obligations of the 1. Chiefs who do not exercise administrative functions shall not have recourse to citizens of a fully self-governing country; forced or compulsory labour. c) any work or service exacted from any person as a consequence of a convic- 2. Chiefs who exercise administrative functions may, with the express permission tion in a court of law, provided that the said work or service is carried out of the competent authority, have recourse to forced or compulsory labour, sub- under the supervision and control of a public authority and that the said per- ject to the provisions of Article 10 of this Convention. son is not hired to or placed at the disposal of private individuals, companies 3. Chiefs who are duly recognised and who do not receive adequate remuneration or associations; in other forms may have the enjoyment of personal services, subject to due reg- d) any work or service exacted in cases of emergency, that is to say, in the event ulation and provided that all necessary measures are taken to prevent abuses. of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect Article 8 or vegetable pests, and in general any circumstance that would endanger the 1. The responsibility for every decision to have recourse to forced or compulsory existence or the well-being of the whole or part of the population; labour shall rest with the highest civil authority in the territory concerned. e) minor communal services of a kind which, being performed by the members of 2. Nevertheless, that authority may delegate powers to the highest local authorities the community in the direct interest of the said community, can therefore be con- to exact forced or compulsory labour which does not involve the removal of the sidered as normal civic obligations incumbent upon the members of the com- workers from their place of habitual residence. That authority may also delegate, munity, provided that the members of the community or their direct representa- for such periods and subject to such conditions as may be laid down in the regu- tives shall have the right to be consulted in regard to the need for such services. lations provided for in Article 23 of this Convention, powers to the highest local authorities to exact forced or compulsory labour which involves the removal of Article 3 the workers from their place of habitual residence for the purpose of facilitating For the purposes of this Convention the term competent authority shall mean the movement of officials of the administration, when on duty, and for the trans- either an authority of the metropolitan country or the highest central authority in port of Government stores. the territory concerned. Article 4 1. The competent authority shall not impose or permit the imposition of forced or Article 9 compulsory labour for the benefit of private individuals, companies or associations. Except as otherwise provided for in Article 10 of this Convention, any authority 2. Where such forced or compulsory labour for the benefit of private individuals, competent to exact forced or compulsory labour shall, before deciding to have companies or associations exists at the date on which a Member's ratification of recourse to such labour, satisfy itself this Convention is registered by the Director-General of the International Labour a) that the work to be done or the service to be rendered is of important direct Office, the Member shall completely suppress such forced or compulsory labour interest for the community called upon to do work or render the service; from the date on which this Convention comes into force for that Member. b) that the work or service is of present or imminent necessity; c) that it has been impossible to obtain voluntary labour for carrying out the Article 5 work or rendering the service by the offer of rates of wages and conditions 1. No concession granted to private individuals, companies or associations shall of labour not less favourable than those prevailing in the area concerned for involve any form of forced or compulsory labour for the production or the col- similar work or service; and lection of products which such private individuals, companies or associations d) that the work or service will not lay too heavy a burden upon the present popula- utilise or in which they trade. tion, having regard to the labour available and its capacity to undertake the work.

110 111 Globalisation UK/144 22/03/02 10:37 Page 112 APPENDICES APPENDICES Article 10 Article 13 1. Forced or compulsory labour exacted as a tax and forced or compulsory labour 1. The normal working hours of any person from whom forced or compulsory to which recourse is had for the execution of public works by chiefs who exer- labour is exacted shall be the same as those prevailing in the case of voluntary cise administrative functions shall be progressively abolished. labour, and the hours worked in excess of the normal working hours shall be 2. Meanwhile, where forced or compulsory labour is exacted as a tax, and where recourse remunerated at the rates prevailing in the case of overtime for voluntary labour. is had to forced or compulsory labour for the execution of public works by chiefs who 2. A weekly day of rest shall be granted to all persons from whom forced or com- exercise administrative functions, the authority concerned shall first satisfy itself pulsory labour of any kind is exacted and this day shall coincide as far as possible a) that the work to be done or the service to be rendered is of important direct with the day fixed by tradition or custom in the territories or regions concerned. interest for the community called upon to do the work or render the service; b) that the work or the service is of present or imminent necessity; Article 14 c) that the work or service will not lay too heavy a burden upon the present popula- 1. With the exception of the forced or compulsory labour provided for in Article tion, having regard to the labour available and its capacity to undertake the work; 10 of this Convention, forced or compulsory labour of all kinds shall be remu- d) that the work or service will not entail the removal of the workers from their nerated in cash at rates not less than those prevailing for similar kinds of work place of habitual residence; either in the district in which the labour is employed or in the district from e) that the execution of the work or the rendering of the service will be direct- which the labour is recruited, whichever may be the higher. ed in accordance with the exigencies of religion, social life and agriculture. 2. In the case of labour to which recourse is had by chiefs in the exercise of their administrative functions, payment of wages in accordance with the provisions Article 11 of the preceding paragraph shall be introduced as soon as possible. 1. Only adult able-bodied males who are of an apparent age of not less than 18 3. The wages shall be paid to each worker individually and not to his tribal chief and not more than 45 years may be called upon for forced or compulsory or to any other authority. labour. Except in respect of the kinds of labour provided for in Article 10 of this 4. For the purpose of payment of wages the days spent in travelling to and from Convention, the following limitations and conditions shall apply: the place of work shall be counted as working days. a) whenever possible prior determination by a medical officer appointed by the 5. Nothing in this Article shall prevent ordinary rations being given as a part of administration that the persons concerned are not suffering from any infec- wages, such rations to be at least equivalent in value to the money payment they tious or contagious disease and that they are physically fit for the work are taken to represent, but deductions from wages shall not be made either for required and for the conditions under which it is to be carried out; the payment of taxes or for special food, clothing or accommodation supplied to b) exemption of school teachers and pupils and officials of the administration in a worker for the purpose of maintaining him in a fit condition to carry on his general; work under the special conditions of any employment, or for the supply of tools. c) the maintenance in each community of the number of adult able-bodied men indispensable for family and social life; Article 15 d) respect for conjugal and family ties. 1. Any laws or regulations relating to workmen's compensation for accidents or 2. For the purposes of subparagraph (c) of the preceding paragraph, the regulations sickness arising out of the employment of the worker and any laws or regula- provided for in Article 23 of this Convention shall fix the proportion of the res- tions providing compensation for the dependants of deceased or incapacitated ident adult able-bodied males who may be taken at any one time for forced or workers which are or shall be in force in the territory concerned shall be equal- compulsory labour, provided always that this proportion shall in no case exceed ly applicable to persons from whom forced or compulsory labour is exacted and 25 per cent. In fixing this proportion the competent authority shall take account to voluntary workers. of the density of the population, of its social and physical development, of the 2. In any case it shall be an obligation on any authority employing any worker on seasons, and of the work which must be done by the persons concerned on their forced or compulsory labour to ensure the subsistence of any such worker who, own behalf in their locality, and, generally, shall have regard to the economic and by accident or sickness arising out of his employment, is rendered wholly or social necessities of the normal life of the community concerned. partially incapable of providing for himself, and to take measures to ensure the maintenance of any persons actually dependent upon such a worker in the event Article 12 of his incapacity or decease arising out of his employment. 1. The maximum period for which any person may be taken for forced or compulsory labour of all kinds in any one period of twelve months shall not exceed Article 16 sixty days, including the time spent in going to and from the place of work. 1. Except in cases of special necessity, persons from whom forced or compulsory labour 2. Every person from whom forced or compulsory labour is exacted shall be furnished is exacted shall not be transferred to districts where the food and climate differ so con- with a certificate indicating the periods of such labour which he has completed. siderably from those to which they have been accustomed as to endanger their health.

112 113 Globalisation UK/144 22/03/02 10:37 Page 114 APPENDICES APPENDICES 2. In no case shall the transfer of such workers be permitted unless all measures fit, where medical examination is possible, and that where such medical relating to hygiene and accommodation which are necessary to adapt such examination is not practicable the person employing such workers shall be workers to the conditions and to safeguard their health can be strictly applied. held responsible for ensuring that they are physically fit and not suffering 3. When such transfer cannot be avoided, measures of gradual habituation to the new from any infectious or contagious disease, conditions of diet and of climate shall be adopted on competent medical advice. (c) the maximum load which these workers may carry, 4. In cases where such workers are required to perform regular work to which they (d) the maximum distance from their homes to which they may be taken, are not accustomed, measures shall be taken to ensure their habituation to it, (e) the maximum number of days per month or other period for which they especially as regards progressive training, the hours of work and the provision of may be taken, including the days spent in returning to their homes, and rest intervals, and any increase or amelioration of diet which may be necessary. (f) the persons entitled to demand this form of forced or compulsory labour and the extent to which they are entitled to demand it. Article 17 2. In fixing the maxima referred to under (c), (d) and (e) in the foregoing para- Before permitting recourse to forced or compulsory labour for works of construc- graph, the competent authority shall have regard to all relevant factors, includ- tion or maintenance which entail the workers remaining at the workplaces for ing the physical development of the population from which the workers are considerable periods, the competent authority shall satisfy itself recruited, the nature of the country through which they must travel and the cli- (1) that all necessary measures are taken to safeguard the health of the workers matic conditions. and to guarantee the necessary medical care, and, in particular, 3. The competent authority shall further provide that the normal daily journey of (a) that the workers are medically examined before commencing the work and such workers shall not exceed a distance corresponding to an average working at fixed intervals during the period of service, day of eight hours, it being understood that account shall be taken not only of (b) that there is an adequate medical staff, provided with the dispensaries, the weight to be carried and the distance to be covered, but also of the nature infirmaries, hospitals and equipment necessary to meet all requirements, of the road, the season and all other relevant factors, and that, where hours of and journey in excess of the normal daily journey are exacted, they shall be remu- (c) that the sanitary conditions of the workplaces, the supply of drinking water, nerated at rates higher than the normal rates. food, fuel, and cooking utensils, and, where necessary, of housing and clothing, are satisfactory; Article 19 (2) that definite arrangements are made to ensure the subsistence of the families 1. The competent authority shall only authorise recourse to compulsory cultiva- of the workers, in particular by facilitating the remittance, by a safe method, tion as a method of precaution against famine or a deficiency of food supplies of part of the wages to the family, at the request or with the consent of the and always under the condition that the food or produce shall remain the prop- workers; erty of the individuals or the community producing it. (3) that the journeys of the workers to and from the work-places are made at the 2. Nothing in this Article shall be construed as abrogating the obligation on mem- expense and under the responsibility of the administration, which shall facilitate bers of a community, where production is organised on a communal basis by such journeys by making the fullest use of all available means of transport; virtue of law or custom and where the produce or any profit accruing from the (4) that, in case of illness or accident causing incapacity to work of a certain sale thereof remain the property of the community, to perform the work duration, the worker is repatriated at the expense of the administration; demanded by the community by virtue of law or custom. (5) that any worker who may wish to remain as a voluntary worker at the end of his period of forced or compulsory labour is permitted to do so without, for a Article 20 period of two years, losing his right to repatriation free of expense to himself. Collective punishment laws under which a community may be punished for crimes committed by any of its members shall not contain provisions for forced or com- Article 18 pulsory labour by the community as one of the methods of punishment. 1. Forced or compulsory labour for the transport of persons or goods, such as the labour of porters or boatmen, shall be abolished within the shortest possible Article 21 period. Meanwhile the competent authority shall promulgate regulations Forced or compulsory labour shall not be used for work underground in mines. determining, inter alia, (a) that such labour shall only be employed for the purpose of facilitating the Article 22 movement of officials of the administration, when on duty, or for the trans- The annual reports that Members which ratify this Convention agree to make to the port of Government stores, or, in cases of very urgent necessity, the trans- International Labour Office, pursuant to the provisions of article 22 of the port of persons other than officials, Constitution of the International Labour Organisation, on the measures they have (b) that the workers so employed shall be medically certified to be physically taken to give effect to the provisions of this Convention, shall contain as full informa-

114 115 Globalisation UK/144 22/03/02 10:37 Page 116 APPENDICES APPENDICES tion as possible, in respect of each territory concerned, regarding the extent to which Having noted that the Protection of Wages Convention, 1949, provides that wages recourse has been had to forced or compulsory labour in that territory, the purposes shall be paid regularly and prohibits methods of payment which deprive the work- for which it has been employed, the sickness and death rates, hours of work, methods er of a genuine possibility of terminating his employment, and of payment of wages and rates of wages, and any other relevant information. Having decided upon the adoption of further proposals with regard to the aboli- Article 23 tion of certain forms of forced or compulsory labour constituting a violation of 1. To give effect to the provisions of this Convention the competent authority shall issue the rights of man referred to in the Charter of the United Nations and enunciated complete and precise regulations governing the use of forced or compulsory labour. by the Universal Declaration of Human Rights, and 2. These regulations shall contain, inter alia, rules permitting any person from whom forced or compulsory labour is exacted to forward all complaints rela- Having determined that these proposals shall take the form of an international tive to the conditions of labour to the authorities and ensuring that such com- Convention, plaints will be examined and taken into consideration. adopts the twenty-fifth day of June of the year one thousand nine hundred and fifty-seven, the following Convention, which may be cited as the Abolition of Article 24 Forced Labour Convention, 1957: Adequate measures shall in all cases be taken to ensure that the regulations governing the employment of forced or compulsory labour are strictly applied, either by extending Article 1 the duties of any existing labour inspectorate which has been established for the inspec- Each Member of the International Labour Organisation which ratifies this tion of voluntary labour to cover the inspection of forced or compulsory labour or in Convention undertakes to suppress and not to make use of any form of forced or some other appropriate manner. Measures shall also be taken to ensure that the regula- compulsory labour tions are brought to the knowledge of persons from whom such labour is exacted. a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established Article 25 political, social or economic system; The illegal exaction of forced or compulsory labour shall be punishable as a b) as a method of mobilising and using labour for purposes of economic devel- penal offence, and it shall be an obligation on any Member ratifying this opment; Convention to ensure that the penalties imposed by law are really adequate and c) as a means of labour discipline; are strictly enforced. d) as a punishment for having participated in strikes; e) as a means of racial, social, national or religious discrimination. CONVENTION NO. 105 CONVENTION CONCERNING ABOLITION OF FORCED LABOUR Article 2 Each Member of the International Labour Organisation which ratifies this Convention The General Conference of the International Labour Organisation, undertakes to take effective measures to secure the immediate and complete abolition of forced or compulsory labour as specified in Article 1 of this Convention. Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June 1957, and CONVENTION NO. 100 CONVENTION CONCERNING EQUAL REMUNERATION Having considered the question of forced labour, which is the fourth item on the agenda of the session, and The General Conference of the International Labour Organisation,

Having noted the provisions of the Forced Labour Convention, 1930, and Having been convened at Geneva by the Governing Body of the International Labour Ofﬁce, and having met in its Thirty-fourth Session on 6 June 1951, and Having noted that the Slavery Convention, 1926, provides that all necessary measures shall be taken to prevent compulsory or forced labour from developing into Having decided upon the adoption of certain proposals with regard to the princi- conditions analogous to slavery and that the Supplementary Convention on the ple of equal remuneration for men and women workers for work of equal value, Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to which is the seventh item on the agenda of the session, and Slavery, 1956, provides for the complete abolition of debt bondage and serfdom, Having determined that these proposals shall take the form of an international and, Convention,

116 117 Globalisation UK/144 22/03/02 10:37 Page 118 APPENDICES APPENDICES adopts the twenty-ninth day of June of the year one thousand nine hundred and Having been convened at Geneva by the Governing Body of the International fifty-one, the following Convention, which may be cited as the Equal Labour Office, and having met in its Forty-second Session on 4 June 1958, and Remuneration Convention, 1951: Having decided upon the adoption of certain proposals with regard to discrimi- Article 1 nation in the field of employment and occupation, which is the fourth item on the For the purpose of this Convention agenda of the session, and a) the term remuneration includes the ordinary, basic or minimum wage or Having determined that these proposals shall take the form of an international salary and any additional emoluments whatsoever payable directly or indi- Convention, and rectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment; Considering that the Declaration of Philadelphia affirms that all human beings, b) the term equal remuneration for men and women workers for work of equal value irrespective of race, creed or sex, have the right to pursue both their material well- refers to rates of remuneration established without discrimination based on sex. being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and Article 2 1. Each Member shall, by means appropriate to the methods in operation for Considering further that discrimination constitutes a violation of rights enunciat- determining rates of remuneration, promote and, in so far as is consistent with ed by the Universal Declaration of Human Rights, such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. adopts the twenty-fifth day of June of the year one thousand nine hundred and 2. This principle may be applied by means of fifty-eight, the following Convention, which may be cited as the Discrimination a) national laws or regulations; (Employment and Occupation) Convention, 1958: b) legally established or recognised machinery for wage determination; c) collective agreements between employers and workers; or Article 1 d) a combination of these various means. 1. For the purpose of this Convention the term discrimination includes a) any distinction, exclusion or preference made on the basis of race, colour sex, Article 3 religion, political opinion, national extraction or social origin, which has the 1. Where such action will assist in giving effect to the provisions of this effect of nullifying or impairing equality of opportunity or treatment in Convention measures shall be taken to promote objective appraisal of jobs on employment or occupation; the basis of the work to be performed. b) such other distinction, exclusion or preference which has the effect of nulli- 2. The methods to be followed in this appraisal may be decided upon by the fying or impairing equality of opportunity or treatment in employment or authorities responsible for the determination of rates of remuneration, or, where occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such such rates are determined by collective agreements, by the parties thereto. exist, and with other appropriate bodies. 3. Differential rates between workers which correspond, without regard to sex, to 2. Any distinction, exclusion or preference in respect of a particular job based on differences, as determined by such objective appraisal, in the work to be per- the inherent requirements thereof shall not be deemed to be discrimination. formed shall not be considered as being contrary to the principle of equal remu- 3. For the purpose of this Convention the terms employment and occupation neration for men and women workers for work of equal value. include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. Article 4 Each Member shall co-operate as appropriate with the employers' and workers' Article 2 organisations concerned for the purpose of giving effect to the provisions of this Each Member for which this Convention is in force undertakes to declare and pur- Convention. sue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment CONVENTION NO. 111 and occupation, with a view to eliminating any discrimination in respect thereof. CONVENTION CONCERNING DISCRIMINATION (EMPLOYMENT AND OCCUPATION) Article 3 Each Member for which this Convention is in force undertakes, by methods The General Conference of the International Labour Organisation, appropriate to national conditions and practice

118 119 Globalisation UK/144 22/03/02 10:37 Page 120 APPENDICES APPENDICES a) to seek the co-operation of employers' and workers' organisations and other Noting the terms of the Minimum Age (Industry) Convention, 1919, the appropriate bodies in promoting the acceptance and observance of this policy; Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) b) to enact such legislation and to promote such educational programmes as Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, may be calculated to secure the acceptance and observance of the policy; the Minimum Age (Non-Industrial Employment) Convention, 1932 the Minimum c) to repeal any statutory provisions and modify any administrative instructions Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention or practices which are inconsistent with the policy; (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention d) to pursue the policy in respect of employment under the direct control of a (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the national authority; Minimum Age (Underground Work) Convention, 1965, and e) to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national Considering that the time has come to establish a general instrument on the sub- authority; ject, which would gradually replace the existing ones applicable to limited eco- f) to indicate in its annual reports on the application of the Convention the nomic sectors, with a view to achieving the total abolition of child labour, and action taken in pursuance of the policy and the results secured by such action. Having determined that these proposals shall take the form of an international Article 4 Convention, Any measures affecting an individual who is justiﬁably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be dis- adopts the twenty-sixth day of June of the year one thousand nine hundred and crimination, provided that the individual concerned shall have the right to appeal seventy-three, the following Convention, which may be cited as the Minimum Age to a competent body established in accordance with national practice. Convention, 1973:

Article 5 Article 1 1. Special measures of protection or assistance provided for in other Conventions Each Member for which this Convention is in force undertakes to pursue a nation- or Recommendations adopted by the International Labour Conference shall not al policy designed to ensure the effective abolition of child labour and to raise pro- be deemed to be discrimination. gressively the minimum age for admission to employment or work to a level con- 2. Any Member may, after consultation with representative employers' and work- sistent with the fullest physical and mental development of young persons. ers' organisations, where such exist, determine that other special measures designed to meet the particular requirements of persons who, for reasons such Article 2 as sex, age, disablement, family responsibilities or social or cultural status, are 1. Each Member which ratifies this Convention shall specify, in a declaration generally recognised to require special protection or assistance, shall not be appended to its ratification, a minimum age for admission to employment or deemed to be discrimination. work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be Article 6 admitted to employment or work in any occupation. Each Member which ratifies this Convention undertakes to apply it to non- 2. Each Member which has ratified this Convention may subsequently notify the metropolitan territories in accordance with the provisions of the Constitution of Director-General of the International Labour Office, by further declarations, the International Labour Organisation. that it specifies a minimum age higher than that previously specified. 3. The minimum age specified in pursuance of paragraph 1 of this Article shall not CONVENTION NO. 138 be less than the age of completion of compulsory schooling and, in any case, CONVENTION CONCERNING MINIMUM AGE shall not be less than 15 years. 4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose Preamble economy and educational facilities are insufficiently developed may, after con- The General Conference of the International Labour Organisation, sultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. Having been convened at Geneva by the Governing Body of the International 5. Each Member which has specified a minimum age of 14 years in pursuance of Labour Office, and having met in its Fifty-eighth Session on 6 June 1973, and the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the constitution of Having decided upon the adoption of certain proposals with regard to minimum age for the International Labour Organisation a statement admission to employment, which is the fourth item on the agenda of the session, and (a) that its reason for doing so subsists; or

120 121 Globalisation UK/144 22/03/02 10:37 Page 122 APPENDICES APPENDICES (b) that it renounces its right to avail itself of the provisions in question as from 4. Any Member which has limited the scope of application of this Convention in a stated date. pursuance of this Article (a) shall indicate in its reports under article 22 of the Constitution of the Article 3 International Labour Organisation the general position as regards the 1. The minimum age for admission to any type of employment or work which by employment or work of young persons and children in the branches of its nature or the circumstances in which it is carried out is likely to jeopardise activity which are excluded from the scope of application of this the health, safety or morals of young persons shall not be less than 18 years. Convention and any progress which may have been made towards wider 2. The types of employment or work to which paragraph 1 of this Article applies application of the provisions of the Convention; shall be determined by national laws or regulations or by the competent author- (b) may at any time formally extend the scope of application by a declaration ity, after consultation with the organisations of employers and workers con- addressed to the Director-General of the International Labour Office. cerned, where such exist. 3. Notwithstanding the provisions of paragraph 1 of this Article national laws or regu- Article 6 lations or the competent authority may, after consultation with the organisations of This Convention does not apply to work done by children and young persons in employers and workers concerned, where such exist, authorise employment or work schools for general, vocational or technical education or in other training institu- as from the age of 16 years on condition that the health, safety and morals of the tions, or to work done by persons at least 14 years of age in undertakings, where young persons concerned are fully protected and that the young persons have received such work is carried out in accordance with conditions prescribed by the compe- adequate specific instruction or vocational training in the relevant branch of activity. tent authority after consultation with the organisations of employers and workers concerned, where such exist, and is an integral part of Article 4 (a) a course of education or training for which a school or training institution 1. In so far as necessary, the competent authority, after consultation with the is primarily responsible; organisations of employers and workers concerned, where such exist, may (b) a programme of training mainly or entirely in an undertaking which pro- exclude from the application of this Convention limited categories of employ- gramme has been approved by the competent authority; or ment or work in respect of which special and substantial problems of applica- (c) a programme of guidance or orientation designed to facilitate the choice of tion arise. an occupation or of a line of training. 2. Each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of Article 7 the International Labour Organisation any categories which may have been 1. National laws or regulations may permit the employment or work of persons excluded in pursuance of paragraph 1 of this Article, giving the reasons for such 13 to 15 years of age on light work which is exclusion, and shall state in subsequent reports the position of its law and prac- (a) not likely to be harmful to their health or development; and tice in respect of the categories excluded and the extent to which effect has been (b) not such as to prejudice their attendance at school, their participation in given or is proposed to be given to the Convention in respect of such categories. vocational orientation or training programmes approved by the competent 3. Employment or work covered by Article 3 of this Convention shall not be authority or their capacity to benefit from the instruction received. excluded from the application of the Convention in pursuance of this Article. 2. National laws or regulations may also permit the employment or work of persons who are at least 15 years of age but have not yet completed their compul- Article 5 sory schooling on work which meets the requirements set forth in sub-para- 1. A Member whose economy and administrative facilities are insufficiently devel- graphs (a) and (b) of paragraph 1 of this Article. oped may, after consultation with the organisations of employers and workers con- 3. The competent authority shall determine the activities in which employment or cerned, where such exist initially limit the scope of application of this Convention. work may be permitted under paragraphs 1 and 2 of this Article and shall pre- 2. Each Member which avails itself of the provisions of paragraph 1 of this Article shall scribe the number of hours during which and the conditions in which such specify, in a declaration appended to its ratification, the branches of economic activ- employment or work may be undertaken. ity or types of undertakings to which it will apply the provisions of the Convention. 4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member 3. The provisions of the Convention shall be applicable as a minimum to the fol- which has availed itself of the provisions of paragraph 4 of Article 2 may, for as lowing: mining and quarrying; manufacturing; construction; electricity, gas and long as it continues to do so substitute the ages 12 and 14 for the ages 13 and water; sanitary services; transport, storage and communication; and plantations 15 in paragraph 1 and the age 14 for the age 15 in paragraph 2 of this Article. and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consump- Article 8 tion and not regularly employing hired workers. 1. After consultation with the organisations of employers and workers concerned, where

122 123 Globalisation UK/144 22/03/02 10:37 Page 124 APPENDICES APPENDICES such exist, the competent authority may, by permits granted in individual cases, allow its Follow-up, adopted by the International Labour Conference at its 86th Session exceptions to the prohibition of employment or work provided for in Article 2 of this in 1998, and Convention, for such purposes as participation in artistic performances. 2. Permits so granted shall limit the number of hours during which and prescribe Recalling that some of the worst forms of child labour are covered by other inter- the conditions in which employment or work is allowed. national instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Article 9 Trade, and Institutions and Practices Similar to Slavery, 1956, and 1. All necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the Having decided upon the adoption of certain proposals with regard to child provisions of this Convention. labour, which is the fourth item on the agenda of the session, and 2. National laws or regulations or the competent authority shall deﬁne the persons responsible for compliance with the provisions giving effect to the Convention. Having determined that these proposals shall take the form of an international 3. National laws or regulations or the competent authority shall prescribe the reg- Convention; isters or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates adopts this seventeenth day of June of the year one thousand nine hundred and of birth, duly certiﬁed wherever possible, of persons whom he employs or who ninety-nine the following Convention, which may be cited as the Worst Forms of work for him and who are less than 18 years of age. Child Labour Convention, 1999.

CONVENTION NO. 182 Article 1 CONVENTION CONCERNING WORST FORMS OF CHILD LABOUR Each Member which ratiﬁes this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child The General Conference of the International Labour Organization, labour as a matter of urgency.

Having been convened at Geneva by the Governing Body of the International Article 2 Labour Office, and having met in its 87th Session on 1 June 1999, and For the purposes of this Convention, the term child shall apply to all persons Considering the need to adopt new instruments for the prohibition and elimination under the age of 18. of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement Article 3 the Convention and the Recommendation concerning Minimum Age for Admission For the purposes of this Convention, the term the worst forms of child labour comprises: to Employment, 1973, which remain fundamental instruments on child labour, and (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, includ- Considering that the effective elimination of the worst forms of child labour ing forced or compulsory recruitment of children for use in armed conflict; requires immediate and comprehensive action, taking into account the importance (b) the use, procuring or offering of a child for prostitution, for the production of free basic education and the need to remove the children concerned from all of pornography or for pornographic performances; such work and to provide for their rehabilitation and social integration while (c) the use, procuring or offering of a child for illicit activities, in particular for the addressing the needs of their families, and production and trafficking of drugs as defined in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out, is Recalling the resolution concerning the elimination of child labour adopted by the likely to harm the health, safety or morals of children. International Labour Conference at its 83rd Session in 1996, and Article 4 Recognizing that child labour is to a great extent caused by poverty and that the 1. The types of work referred to under Article 3(d) shall be determined by nation- long-term solution lies in sustained economic growth leading to social progress, in al laws or regulations or by the competent authority, after consultation with the particular poverty alleviation and universal education, and organizations of employers and workers concerned, taking into consideration Recalling the Convention on the Rights of the Child adopted by the United relevant international standards, in particular Paragraphs 3 and 4 of the Worst Nations General Assembly on 20 November 1989, and Forms of Child Labour Recommendation, 1999. 2. The competent authority, after consultation with the organizations of employers Recalling the ILO Declaration on Fundamental Principles and Rights at Work and and workers concerned, shall identify where the types of work so determined exist.

124 125 Globalisation UK/144 22/03/02 10:37 Page 126 APPENDICES APPENDICES 3. The list of the types of work determined under paragraph 1 of this Article shall APPENDIX IV be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. AN INTRODUCTION TO THE ILO TRIPARTITE DECLARATION OF PRINCIPLES Article 5 Each Member shall, after consultation with employers' and workers' organiza- CONCERNING MULTINATIONAL tions, establish or designate appropriate mechanisms to monitor the implementa- ENTERPRISES AND SOCIAL POLICY AND AN tion of the provisions giving effect to this Convention. INTRODUCTION TO THE OECD GUIDELINES Article 6 FOR MULTINATIONAL ENTERPRISES 1. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour. THE ILO TRIPARTITE DECLARATION OF PRINCIPLES CONCERNING 2. Such programmes of action shall be designed and implemented in consultation MULTINATIONAL ENTERPRISES AND SOCIAL POLICY with relevant government institutions and employers' and workers' organizations, The Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy taking into consideration the views of other concerned groups as appropriate. (hereafter: the ILO Declaration) is a 58 clause statement adopted in November 1977 by the governing Body of the International Labour Organisation. It is a set of recommendations concerning basic labour practices, based on ILO principles, covering social issues which include employment, training, conditions of work and life and industrial relations.

As a tripartite instrument (agreed upon by governments, employers' and workers' groups) for guidance on the "social aspects of the activities of multinational enterprises, including employment creation in developing countries", State Members of the ILO, employers' and workers' organisations concerned and the multinational enterprises are expected to adhere to its provisions. The Declaration is universally applicable and comprehensive. However, the Declaration is not legally binding which means that its application can not be enforced.

In the almost complete absence of international legally binding rules, the ILO Declaration is (together with the OECD Guidelines) one of the very few international instruments for trade unions to help create an environment in which unions can freely perform their functions. It is a way to encourage companies to take up their responsibilities and is of great value to put pressure on MNE’s so as not to abuse their growing power and ability to shift capital across national boundaries to undermine the public interest, government policies and workers' rights.

The follow-up procedure consists of a periodic survey on the effect given to the Tripartite declaration and a procedure for interpretation for its meaning in speciﬁc situations, overseen by the Sub-committee on Multinational Enterprises of the Employment Committee of the ILO Governing Body. This Committee receives reports from Member Countries on the application of the Declaration, which come in the form of requests for interpretation. If necessary, the interpretation can be done by the Governing Body of the ILO itself.

Trade unions had hoped that this would in effect create an international complaint procedure against specific companies but, in fact, specific companies are not mentioned. Moreover, it has been very difficult for requests for interpretation to be considered. Part of this is due to the fact that issues concerning freedom of association and collective bargaining are referred to the Committee on Freedom of Association. The other part is due to the resistance of the employers' organisations to consider any questions involving the behaviour of specific companies.

In spite of the facts that the follow-up procedures could be improved and that the Declaration is a voluntary code, the instrument still remains a very important tool and an excellent reference for trade unionists in dealing with multinational enterprises.

The Declaration is now, nearly 25 years after it was ﬁrst adopted, probably more relevant and needed than ever. In a world of changing values, increasing foreign direct investment and growing public awareness of corporate behaviour, an internationally accepted standard such as this has become indispensable in the struggle for higher standards of corporate behaviour and sound industrial relations. 126 127 Globalisation UK/144 22/03/02 10:37 Page 128 APPENDICES APPENDICES APPENDIX V THE OECD DECLARATION ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES THE ICFTU/ITS BASIC CODE OF LABOUR The OECD Declaration on International Investment and Multinational Enterprises was created in 1976, a year before the ILO Declaration. It is in fact a recommendation from PRACTICE the OECD Governments to multinational enterprises to abide by the Guidelines for Multinational Enterprises (the OECD Guidelines) which are included as an annex to the Declaration. They seek to "encourage the positive contributions which multinational enterprises can make to economic and social progress by helping to ensure that their operations are in harmony with the policies of the countries in which they operate". The 111th meeting of the ICFTU Executive Board (Brussels, December 1997) adopted a text for a "Basic Code of Conduct covering Labour Practices". The text of this code was The OECD Guidelines includes the "national treatment principle", i.e. to treat MNE’s developed by the ICFTU/ITS Working Party on Multinational Companies in a process that "no less favourable than that accorded in like situations to domestic enterprises". involved extensive consultations with various trade union organisations and other interested individuals and organisations. It aims to establish a minimum list of standards that The OECD Guidelines themselves are said to be "good practice for all" and are, like the ILO Declaration, not legally enforceable. They are government recommendations cov- ought to be included in all codes of conduct covering labour practices. It is not meant, and ering MNE activities with chapters on general policies, disclosure of information, should not be interpreted to mean, that codes of conduct that are the result of a collective employment and industrial relations, environmental protection, combating bribery, con- bargained agreement with an appropriate trade union organisation should be limited to the sumer interests, science and technology, competition and taxation. provisions of this code.

The Declaration applies to all governments of the OECD countries, together with Argentina, Brazil and Chile, and all multinational enterprises which are operating within Company codes of labour practice can be one trade union response to some of the these boundaries or are headquartered in any of theses countries. challenges presented by globalisation. These codes, which are meant to apply to the The impact of the OECD guidelines is comparable to the impact of the ILO Declaration: international operations of a multinational company, are aimed at limiting the worst it is a set of positive guidelines creating an international framework to regulate MNE’s forms of abuse and exploitation caused by the international competition to attract and their social behaviour. investment. Governments increasingly are failing to observe either in law or practice basic internationally-recognised standards with respect to working conditions and the The follow-up procedure consists of a regular overview of the guidelines and a system of National Contact Points (NCP’s). Every country adhering to the Guidelines is obliged rights of workers. Codes are also meant to address the responsibility of a company to set up a NCP. They are responsible for promoting and implementing the Guidelines. for the labour practices of its contractors, sub-contractors and principal suppliers. They are also responsible for dealing with cases, raised by a trade union or another concerned party, regarding breaches of the Guidelines. In addition, TUAC (the Trade Union The purpose of this basic code is to promote the primacy of international labour Advisory Committee to the OECD) or BIAC (the Business and Industry Advisory standards and the inclusion of trade union rights in codes of conduct covering Committee to the OECD) can raise issues directly with the OECD Committee for International Investment and Multinational Enterprises (CIME), which is responsible for labour practices. A central idea of this code is that labour exploitation and abuse the Guidelines. This can be the case, for example, if it is believed that a NCP has not cannot be separated from the repression of workers and that therefore codes of con- fulfilled its responsibilities or if it has misinterpreted the Guidelines. CIME can then issue duct must incorporate freedom of association and the right to collective bargaining. a clarification, but it will not name companies since it does not reach conclusions on the conduct of individual enterprises. The ICFTU/ITS Basic Code is also meant to encourage the use of consistent lan- It is hoped that the OECD guidelines will gain in importance as a result of their revision guage in codes of conduct as part of a strategy to promote an international frame- in 2000. For more information on this, see the box ‘The revised OECD Guidelines for work for workers’ rights. This basic code is meant to assist any trade union organ- Multinational Enterprises in chapter 5’. isation in negotiations with companies and in working with NGO’s in campaigns The overall feeling is that, despite the problems encountered in practical dealings with involving codes of conduct. It can also be used as a benchmark for evaluating any the Guidelines, they remain, together with the ILO Declaration, the two most impor- unilaterally-adopted codes of labour practice. tant sets of internationally recognised standards to date and they are, two decades after adoption, still very relevant and necessary for people dealing with multinational enter- The provisions of this code can be adopted by any company doing business interna- prises and their social policies. tionally. The code is not only for companies marketing manufactured products but also for companies marketing services. The scope of application of any code, that is the extent to which the code will apply to the labour practices of a company’s contractors, subcontractors and principal suppliers, will have to be determined in each case. This could affect the definitions provided in this text. The scope of application is meant to be as wide as both practical and reasonable.

128 129 Globalisation UK/144 22/03/02 10:37 Page 130 APPENDICES APPENDICES THE BASIC CODE IS AS FOLLOWS: There is no discrimination in employment Equality of opportunity and treatment regardless of race, colour, sex, religion, Preamble political opinion, nationality, social origin or other distinguishing characteristics shall be provided (ILO Conventions 100 and 111). 1. (name of company) recognises its responsibilities to workers for the conditions under which its products are made or its services are provided and that these Child labour is not used responsibilities extend to all workers producing or providing products or services There shall be no use of child labour. Only workers above the age of 15 years or for (name of company) whether or not they are employees of (name of company). above the compulsory school-leaving age, whichever is higher, shall be engaged (ILO Convention 138). Adequate transitional economic assistance and appropri- 2. Any workers producing or providing products or services manufactured, sold or ate educational opportunities shall be provided to any replaced child workers. distributed by (name of company) must be provided with living wages and decent working conditions, and the international labour standards established Freedom of association and the right to collective bargaining are respected by Conventions 29, 87, 98, 100, 105, 111, 135 and 138 of the International Labour Organisation must be observed. The right of all workers to form and join trade unions and to bargain collectively shall be recognised (ILO Conventions 87 and 98). Workers representatives shall not be the subject of discrimination and shall have access to all workplaces neces- 3. (name of company) will require its contractors, their sub-contractors, principal sup- sary to enable them to carry out their representation functions. (ILO Convention pliers and licensees (franchise-holders) to provide these conditions and observe these 135 and Recommendation 143) standards when producing or distributing products or components of products for Employers shall adopt a positive approach towards the activities of trade unions (name of company) or when providing services sold by (name of company). (name and an open attitude towards their organisational activities. of company) will, prior to placing orders with principal suppliers, engaging contractors and subcontractors or granting licenses (franchises), assess whether the pro- Living wages are paid visions of this Code can be met. Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of work- 4. For the purposes of this code the term contractor shall mean any natural or legal ers and their families and to provide some discretionary income. person who contracts with (name of company) to perform work or provide ser- Deductions from wages for disciplinary measures shall not be permitted nor shall any deduc- vices. The term "sub-contractor" means any natural or legal person who con- tions from wages not provided for by national law be permitted without the expressed per- tracts with a contractor, as defined above, for the purpose of performing work or mission of the worker concerned. All workers shall be provided written and understandable providing services related to or as part of an agreement with (name of company). information about the conditions in respect of wages before they enter employment and of The term "principal supplier" means any natural or legal person who provides the particulars of their wages for the pay period concerned each time that they are paid. (name of company) with materials or components used in the final products, or the final products, sold by (name of company). A principle supplier may be a per- Hours of work are not excessive son who provides services where these services are considered part of the final Hours of work shall comply with applicable laws and industry standards. In any product provided by the (name of company). The terms "licensee" and "fran- event, workers shall not on a regular basis be required to work in excess of 48 chise-holder" mean any natural or legal person who, as part of a contractual hours per week and shall be provided with at least one day off for every 7 day peri- arrangement with (name of company), uses for any purpose the name of (name od. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be of company) or its recognised brand names or images. demanded on a regular basis and shall always be compensated at a premium rate.

Provisions Working conditions are decent 5. (Name of company) and its contractors, their subcontractors, principal suppli- A safe and hygienic working environment shall be provided, and best occupation- ers and licensees (franchise holders) involved in the production and/or distribu- al health and safety practice shall be promoted, bearing in mind the prevailing tion of products or services for (name of company) shall ensure that: knowledge of the industry and of any speciﬁc hazards. Physical abuse, threats of physical abuse, unusual punishments or discipline, sexual and other harassment, Employment is freely chosen and intimidation by the employer is strictly prohibited. There shall be no use of forced, including bonded or involuntary prison, labour (ILO Conventions 29 and 105). Nor shall workers be required to lodge "deposits" The employment relationship is established or their identity papers with their employer. Obligations to employees under labour or social security laws and regulations aris-

130 131 Globalisation UK/144 22/03/02 10:37 Page 132 APPENDICES APPENDICES ing from the regular employment relationship shall not be avoided through the use APPENDIX VI of labour-only contracting arrangements, or through apprenticeship schemes THE NEW CODES OF CONDUCT where there is no real intent to impart skills or provide regular employment. Younger workers shall be provided the opportunity to participate in education and training programmes. SOME QUESTIONS AND ANSWERS FOR TRADE UNIONISTS Closing section By Neil Kearney and Dwight W. Justice 6. Contractors, subcontractors, principal suppliers and licensees (franchise-hold- (December 2000) ers) shall undertake to support and co-operate in the implementation and monitoring of this code by: What are the “new” codes of conduct? • providing (name of company) with relevant information concerning their operations; Beginning in the early 1990’s, companies involved in the marketing or manufac- • permitting inspection at any time of their workplaces and operations by ture of brand-name goods produced internationally through outsourcing, began to approved inspectors; formulate and adopt codes of conduct covering labour practices that were meant • maintaining records of the name, age, hours worked and wages paid for each to apply to their subcontractors and suppliers. These unilaterally adopted compa- worker and making these available to approved inspectors on request; ny codes of international labour practice are the new codes of conduct. • informing, verbally and in writing, the workers concerned of the provisions of this Code; and, Codes of conduct for business are not new - businesses have been using them for • refraining from disciplinary action, dismissal or otherwise discriminating years to address various public concerns such as consumer rights, product safety, or against any worker for providing information concerning observance of this environmental protection. Often businesses apply ethical behaviour codes to their code. employees. Codes of conduct for international business activity are not new either. In the 1970’s, concern over the growing power of multinational companies led two 7. Contractors, subcontractors, principal suppliers and licensees (franchise-hold- international organisations to adopt codes for international business: the ILO ers) found to be in breach of one or more terms of the code shall lose the right Tripartite Declaration of Principles Concerning Multinational Enterprises and to produce or organise production of goods for (name of company) or to pro- Social Policy and the OECD Guidelines for Multinational Enterprises. These inter- vide services for (name of company). national instruments sought to protect the sovereignty of countries by deﬁning the responsibilities, including the social responsibilities, of international business. 8. Questions as to the interpretation of the meaning of the provisions of the code shall be resolved according to the procedure outlined in the (name of implementation What is “new” about these codes? and monitoring agreement between the company and trade union and any other They are new in four important ways: organisations)

9. The provisions of this code constitute only minimum standards. (name of company) • Although the ILO and OECD codes were voluntary, they are part of an interna- does not intend, will not use, and will not allow any contractor, subcontractor, prin- tional framework of principles agreed to by governments, employers and trade cipal supplier or licensee to use these minimum standards and conditions as maxi- unions and recommended to companies. The new codes are being formulated and mum standards or as the only conditions permitted by (name of company) or to adopted by individual companies. Indeed, when formulating the earliest new codes, serve as the basis for any claim as to what standards or conditions of employment most companies ignored established standards in favour of creating their own. should be provided. • The purpose of the new codes does not include protection of the sovereignty of governments but is to address situations created by the failure of national governments and of the international community to adopt or enforce acceptable labour standards. • Unlike most company policy with respect to labour practices, which is usually based on national law and practice, the new codes are meant to be applied internationally, regardless of where the work is being performed. • The new codes are supposedly meant to protect workers whether or not they are employees of the company adopting the code and, in particular, they are meant to apply to the labour practices of the company’s suppliers and subcontractors.

132 133 Globalisation UK/144 22/03/02 10:37 Page 134 APPENDICES APPENDICES The new codes are sometimes termed private voluntary initiatives because they seeks to privatise what ought to be the legitimate functions of government. They require a positive commitment by a company before they apply. This is in contrast to can be used by companies to avoid dealing with trade unions. On the other hand, instruments such the OECD Guidelines which apply to all multinational enterprises the new codes can be equally consistent with the promotion of international based in OECD countries whether the enterprises has accepted them or not. The labour standards and of a binding international framework for responsible cor- guidelines reflect the consensus of the member governments of the OECD as to what porate behaviour. The new codes can also be used to promote collective bargain- constitutes responsible behaviour of international business. The concern over the neg- ing and to help workers form trade unions. Codes can be a means to support ative effects of globalisation has led to a renewed interest in the OECD Guidelines, organising activities and to commit companies publicly to respect the right to which were revised in 2000. Among the changes has been a strengthening in the fol- organise and collective bargaining. low-up mechanism and the extension of their application to OECD-based companies operating in non-OECD countries. Where they are truly applied, codes may end some of the worst forms of exploitation and abuse. They also may provide opportunities for international trade union Are these ‘new” codes just another form of public relations? organisations to engage multinational companies. Trade union involvement with the The companies adopting the new codes were responding to negative publicity gen- new codes, and especially international trade union co-operation, may determine erated by reports of dangerous working conditions, inhumane working hours, whether the new codes are used as a means to privatise the proper functions of gov- starvation wages, brutality and the widespread use of child labour involved in the ernments and absolve governments and intergovernmental organisations of their production of clothing, footwear, toys and other labour-intensive manufacturing, responsibilities or whether they contribute to building a system of international as well as in the production of many agricultural products. Companies operating social justice and industrial relations. in other sectors are now adopting similar codes. Should national trade union organisations negotiate codes? The early new codes rarely went beyond pledging not to use child labour and to The low level of trade union organisation in many of the industries and countries respect national law and the companies adopting them appeared to have had lit- most concerned suggest that insisting that codes must always be negotiated with tle intention of doing anything to make good on what essentially were promises to trade unions is not realistic. The international scope of the new codes makes it the public. In some cases, the companies established a “complaints procedure” questionable whether it is either practicable or appropriate for national trade and invited NGOs and trade unions to take evidence of exploitation and abuse to unions to seek to negotiate these new codes. the company before “going public”. Many of the later codes reflect the demand that international standards be used, and increasingly, companies are being forced Because the new codes are international in scope and almost all collective bar- to consider systems of independent verification of their codes. However, many of gaining takes place within national legal frameworks, the national trade union the new codes are still public relations exercises and the vast majority of what are negotiating a code may be accepting responsibilities that it cannot discharge. called codes is not built around fundamental international labour standards. The Under these circumstances, the negotiated code may have no greater effect than a limited research conducted to date suggests that codes have not produced major unilaterally adopted code - the only difference may be to involve national trade changes in labour practices. unions in a “complaints procedure” which only protects the company. Instead of becoming a party to a signed agreement, national trade unions can avoid compli- Why should trade unions be concerned with these codes? cations by seeking to advise companies on appropriate code content and imple- Whether they are policies or promises, the new codes are about labour practices mentation. and therefore cannot be ignored by trade unions. Most companies adopt codes without involving trade unions in any way and will continue to adopt codes even Serious complications can arise when a trade union in one country seeks to nego- if trade unions dismiss or ignore codes. Indeed, the new codes have become an tiate working conditions for workers in another country. Where the trade union important part of larger debates on corporate responsibility and globalisation. The negotiating a code is from the home country of a multinational company, it may new codes are sought after by many NGOs and are attracting the interest of busi- be open to charges of protecting purely national interests or protecting long-stand- ness and industry groups, governments, international organisations and aca- ing relationships with prominent national companies. It is unacceptable for trade demics. They have spawned an entire new industry of consultants and enterprises unions to negotiate agreements covering workers in another country where the offering “social accountability” services to companies. workers concerned are represented by their own trade union unless, of course, the foreign trade union has requested assistance and is consulted at every step. Even Because trade unions have long demanded that multinational companies assume in this situation, it would be better to involve the appropriate ITS. responsibility for their international activities, it is difficult to see how they can object in principle to what is an acknowledgement of social responsibility. One Almost all of the companies adopting the new codes are operating in sectors where objection to the new codes is that they can be consistent with a philosophy that most workers do not belong to trade unions and in countries where trade union 134 135 Globalisation UK/144 22/03/02 10:37 Page 136 APPENDICES APPENDICES rights are not respected. The exploitation and abuse of workers, which led to the cally dismiss codes because they are not negotiated. Trade unions can engage need for a code in the first place, occurs because the rights of workers to join or multinational companies over their codes without becoming party to them. form independent trade unions and to bargain collectively are not respected. Another difference is content. A framework agreement can cover a variety of sub- Where workers can form independent trade unions and bargain, there may be lit- jects. For reasons explained below, a unilaterally adopted company code of labour tle need for a code of conduct. practice should be limited to setting forth minimum standards.

There is a big difference between speaking out on behalf of workers who are not What should trade unions want codes of conduct to do? represented and seeking to negotiate on their behalf. To say that it is possible to The challenge for trade unions is to make sure that the real effect of the new codes negotiate for unorganised workers is to say that workers can be represented with- is to promote freedom of association and the right to collective bargaining and out their own trade unions. The moral obligation of all trade unions toward unor- that they are not used to substitute for these two basic workers’ rights. The role ganised workers is to assist them in joining or forming their own trade unions and of trade unions is to insure that the link between exploitation and abuse of work- to prevent or discourage others - whether they be governments, political parties, ers on the one hand, and the oppression of workers on the other, is understood employers or NGOs - from claiming to speak for them. and reflected in codes of labour practice. Companies should not use codes as a means of avoiding trade unions. Similarly, national or local trade unions should Whether a trade union should negotiate an international code boils down to this: not accept codes where they could otherwise negotiate collective agreements for is it possible for the trade union to consult the authentic representatives of the the workers they represent. Codes of conduct promote good industrial relations. workers who would be affected by a code? The best example of a positive answer to this question occurred during the 1980’s, where trade unions in the home coun- How can codes promote collective bargaining? tries of multinational companies operating in South Africa during apartheid were able to negotiate codes on behalf of black workers in South Africa. This was pos- The content of the code is crucial in two ways. First, a code of labour practice should sible only because the workers concerned had already established genuine, albeit always contain explicit provisions respecting the right of workers to both form or join illegal, trade unions and the trade unions negotiating the codes closely co-operat- trade unions and to bargain collectively. Some suppliers have used their obligation to ed with these trade unions. These circumstances were exceptional. abide by a company code as a reason not to continue a collective agreement negotiated with a local trade union and others have used codes as reasons not to recognise What is the difference between a code of conduct and a framework trade unions. Trade unions should regard explicit recognition of freedom of associa- agreement? tion and the right to collective bargaining as central provisions of any code of labour practice and, where these provisions are missing, demand that they be included. These Some of the obstacles to negotiated codes can be overcome and some advantages rights enable workers to protect other rights, as well as their interests on a wide range gained by distinguishing between framework agreements and unilaterally-adopted of issues. The adoption in June 1998 by the ILO Conference of the ILO Declaration company codes of labour practice. A framework agreement is an agreement nego- on Fundamental Principles and Rights at Work demonstrates the world consensus tiated between a multinational company and an international trade union organi- with respect to freedom of association and the right to collective bargaining, as well sation such as an International Trade Secretariat (ITS), concerning the internation- as all of the core ILO labour standards. al activities of that company. A number of framework agreements have been negotiated, with varying subject matters and details. Although an international code of Second, codes should not contain provisions that are more appropriate for collec- conduct can be part of a framework agreement, and sometimes is, the main pur- tive bargaining agreements. Unilaterally adopted company codes should only con- pose of a framework agreement is to establish an ongoing relationship between the tain minimum standards that are explicitly recognised as such. The ICFTU strong- multinational company and the international trade union organisation. ly recommends that codes of labour practice be based on internationally recognised labour standards and include explicit reference to all of the fundamental Trade unions that want to engage multinational companies over their labour prac- labour standards of the ILO. Trade unions are invited to use the ICFTU/ITS Basic tices in other countries should do so in close co-operation with the appropriate ITS. Code of Labour Practice as a benchmark in evaluating voluntary company codes Because the ITS have affiliates throughout all regions of the world and often in both of conduct. home and host countries, they are the legitimate international voice of workers in their respective industries or economic sectors. An additional advantage of work- Can international labour standards apply to companies as well as to ing through an ITS is that trade unions will be addressing specific situations while, governments? at the same time, strengthening the international trade union movement. Codes of conduct are no substitute for legislation and its effective implementation. There are additional reasons to distinguish between unilaterally adopted company However, company codes of conduct that promote knowledge and understanding codes and framework agreements. One is that trade unions should not automati- of international labour standards indirectly promote government responsibility

136 137 Globalisation UK/144 22/03/02 10:37 Page 138 APPENDICES APPENDICES and may even be used to promote an international framework for business, which Should codes reflect the special conditions in certain countries? includes respect for workers’ rights. These beneficial effects will only be possible Some trade unions and NGOs talk about negotiating codes of labour practice from codes of conduct that are based on already established international stan- reflecting the “special situation” or “unique circumstances” in their respective dards, including ILO standards. It is not difficult to transpose the fundamental country or region. Settling for less than minimum international standards would ILO conventions into obligations for international business. defeat the whole purpose of an international code. Governments justify the repression of workers’ rights and trade unions by claiming “special situations” and Businesses seeking to define their social responsibilities almost always stress “unique circumstances” and many companies have found it convenient (and prof- respecting the values of the community. For international business, this should itable) to accept this argument and not interfere by “imposing” their own “cul- mean respecting the standards of the international community. The ILO is the tural values”. One clear example of an unacceptable “cultural” exception to inter- organisation established by the international community for the purpose of setting national standards is discrimination against women. international labour standards. Although it is reasonable to expect that the content of codes will vary from com- How can codes of conduct promote collective bargaining in countries pany to company and between industries, the basis for these differences should where independent trade unions are banned? centre on the relevancy of the various international standards and established best The rights of workers to join or form trade unions and to bargain collectively are practice. For instance, in some codes it may be especially appropriate to reflect certain health and safety standards. human rights that are only fully respected in democracies. Nevertheless, trade union experience is that, even under dictatorships, workers have been able to cre- Should trade unions be responsible for implementing codes of conduct? ate or enlarge space for trade union organising and collective bargaining with some employers. This was the experience in Chile, Korea, Poland, South Africa and No. Companies should be responsible for implementing their own codes of con- Turkey when these countries were dictatorships. Companies respecting human duct. Codes should be viewed as company policy and as a management tool to rights should therefore be alert to the possibilities of creating and enlarging the solve problems. Where a company has promulgated a code of conduct, it is moral- space for workers’ self-organisation. In any event, companies should always avoid ly bound to give it effect. A company that takes its code of conduct seriously will being party to state repression. not leave it to its public relations department or agency, but will place the overall responsibility for the implementation of the code at the highest levels and incor- Some advocates of the codes of conduct that include freedom of association and porate code compliance into all relevant management systems. This means assign- the right to collective bargaining do not support boycotting countries that deny ing responsibilities throughout the company. One responsibility should be assigned to the legal department - observance of the company code should be these rights. Instead, they want companies doing business in these countries to made an enforceable, and an enforced, part of the agreements the company enters require their suppliers to facilitate parallel means of workers’ organisation. The into when outsourcing. Other responsibilities belong with the personnel depart- supplier would not be required to establish any organisation, but would be expect- ment - the code should apply to the company that adopts it, as well as to its sup- ed to provide the workforce with the opportunity to do so in the form of elected pliers and subcontractors. Company personnel should receive training in imple- consultative committees on health and safety, productivity and many other rele- menting the code. Buyers must be permitted to take the cost of code compliance vant issues. Great care must be taken in implementing any such provision because into account when negotiating contracts with suppliers. Labour practices must be the intervention of an employer in workers’ organisations constitutes a violation monitored with the same commitment that is given to monitoring for quality. of freedom of association. Some employers would use any provision to set up The workers covered by a code should be provided in every case with a full and organisations that they control as a means of avoiding trade unions or of using understandable explanation of the code, both verbally and in written form. such a provision as evidence that workers do not need trade unions. For this rea- Workers covered by a code should also be provided a confidential and accessible son, a provision concerning alternative means should only apply in a very limited means to report code violations. set of countries. These would include those few countries such as Saudi Arabia where all trade unions are explicitly banned and those countries such as China In the end, the real test of implementation is whether a company does anything to where the state has created and controls a labour organisation monopoly. correct unacceptable labour practices where they are discovered.

Companies doing business in countries with repressive regimes have a greater obli- Implementation, together with monitoring, independent or third party monitoring gation to be transparent in their operations and should work with international and veriﬁcation are terms surrounded by confusion. Implementation is anything trade union organisations so as to increase the positive and decrease the negative done by a company to give effect to its code. Monitoring is just one activity that effects of their involvement in these countries. can be considered a part of the implementation.

138 139 Globalisation UK/144 22/03/02 10:37 Page 140 APPENDICES APPENDICES Should trade unions be responsible for monitoring codes? cations of the persons and processes involved would have to be established independent of the company whose code was being monitored. In the absence of pro- No. Companies should be responsible for monitoring compliance with their own fessional standards, there is no reason to accept the independence of any enter- codes of conduct. Monitoring means checking to make sure that the provisions are prises or NGOs engaged by a company to perform this work. Engaging a com- being observed. It is basic to implementing a code. Monitoring should be regard- mercial enterprise or designating an NGO to monitor code compliance is little dif- ed as a regular and ongoing process that is one of the obligations assumed by any ferent from having the work done by company personnel. company that has adopted a code. One of the more dangerous aspects of the “independent monitoring” way of Trade unions monitor workplaces where they have members in the interest of their thinking is that, because monitoring needs to be an ongoing process, “independent members and trade unions monitor workplaces where they do not have members monitoring” arrangements will introduce outside organisations into the work- in order to bring the benefits of trade unionism to unorganised workers. It is not, place on a permanent basis with the effect of discouraging or preventing workers however, the role of trade unions to monitor workplaces in the interest of ensur- from joining or forming their own organisations. This is especially serious where ing that a company complies with its own policy. the ‘independent monitor” is an NGO presenting itself as an alternative to trade unions. Trade unions should be regularly consulted as part of the monitoring process and, of course, as part of the industrial relations process. There may be cases where “Verification”, in contrast to “independent monitoring”, is recognised as a more trade unions enter into agreements with a company to assist the monitoring pro- comprehensive process, involving checking on both code compliance and imple- cess - for example by providing interpreters or interviewers. Indeed, this may pro- mentation systems, including the ongoing monitoring performed by the company vide the trade union with access to unorganised workers. But trade unions should concerned. The thinking on verification is developing constantly. Many have con- not enter into agreements with companies whereby they assume the responsibility cluded that verification should be carried out by professionals working to defined for monitoring workplaces if they are not also legally recognised as the represen- standards and trained in skills including factory inspection, accountability, health tatives of the workers concerned. and safety and detection techniques. Whether verification is performed by commercial enterprises or non-profit agencies, the work would have to be performed What about “independent monitoring”? following carefully defined standards and rules that would apply to the organisa- At present, there are no good examples of independent monitoring and the subject tions and individuals undertaking what is sometimes called “social auditing.” is surrounded by controversy. Indeed there is considerable confusion surrounding the term “independent monitoring” and the term “verification” is preferred by a Who will decide what are credible systems of verification? growing number of persons most familiar with the problems involved. Trade unions must have a role in establishing and accrediting systems of independent verification. This does not mean that only trade unions could or should ver- The idea behind “independent monitoring” is that a code will be more credible if ify compliance with codes. It does mean that trade unions must have a role in compliance were monitored by persons or organisations independent of the com- determining the rules or procedures, training and qualifications as well as other pany that has adopted the code. Some companies have engaged commercial enter- standards for verification and for those who would perform verification. Systems prises such as accounting firms and management consultancies to perform their of verification must also insure that trade unions are consulted during the verifi- “independent monitoring” or “third party verification”. Other companies have, in cation process. arrangements with their suppliers and subcontractors, designated local NGOs to be their “independent monitors”. In all of these cases, the companies, through Two of the most promising instances where trade unions are working with com- their agreements with enterprises or NGOs, control the monitoring process. panies and NGOs to explore or establish verification systems are the Social Accountability International or SAI (formerly CEP AA) and the Ethical Trading The emerging consensus is that the term “independent monitoring” (and similar Initiative (ETI). terms such as “third-party monitoring’) are more confusing than appropriate. These terms obscure the obligation of any company adopting a code of labour SAI was established by The Council on Economic Priorities (CEP), a US-based practice to monitor compliance with its code on a regular or ongoing basis. NGO and, following a similar process as that used in ISO standard setting, it has Moreover, the object of “independent monitoring,” which is to provide credibili- developed an international standard for labour and human rights, known as SA ty, is also obscured. 8000. The Advisory Board consists mostly of representatives from corporations and NGOs, but also includes trade union representatives. In order for so-called “independent monitoring” to be credible, it would have to be performed by qualified persons working to agreed processes. Both the qualifi- A more experimental approach has been taken by the Ethical Trading Initiative, a

140 141 Globalisation UK/144 22/03/02 10:37 Page 142 APPENDICES APPENDICES partnership of NGOs, companies and trade unions, which is supported, in part, NGOs should be encouraged to base campaigns for codes of labour practice on by the British government. ETI is meant to serve as a forum whereby information minimum international labour standards and always to include the right of work- relating to code implementation and verification is exchanged and a means of con- ers to organise and to bargain collectively. Demands that are more appropriate to ducting pilot studies to test various ways of monitoring and verifying codes. collective bargaining should be avoided and NGOs should not participate in Similar arrangements are being explored in other countries. arrangements with companies that have the effect of substituting for independent trade unions. In any event, NGOs should not attempt to negotiate labour practices The ILO, because of it tripartite structure and the fact that it is a repository of with companies or to establish regular consultative relationships with companies expertise in all matters of labour practices, including labour inspection, may be the concerning their labour practices. most appropriate organisation to establish benchmarks for the training of monitors, for standards of verification and for the credible development of any profes- Where do the new codes fit into the trade union strategy for globalisation? sion of “social auditing”. For this reason, and because the ILO can provide technical assistance to both social partners, the ICFTU is seeking greater involvement The new codes are a phenomenon of the 1990’s that presents both challenges and by the ILO with the new codes. opportunities for trade unions. The new codes must not be allowed to become an alternative to national law or industrial relations or to absolve governments from What about “social labelling?” their responsibilities. Nor should the new codes become an impediment to estab- Trade unions should not support the certification of labour practices through the lishing enforceable international rules for multinational companies. More imme- use of “social labelling” on products, at least not before accredited systems of diately, the new codes must not be used by companies to avoid trade unions and independent verification are established and proven effective and reliable. Such collective bargaining. product labels imply a guarantee that the item was produced free of exploitation and abuse. But, unlike product content or safety labels, the claim cannot be veri- Trade unions should respond to the new codes of conduct in ways that makes fied by testing the product itself. A label covering labour practices could only be them complementary to the overall objectives of the trade union movement, credible if there was constant policing of the workplace - a condition that exists including the campaign for a workers’ rights clause in international trade and only where secure and independent trade unions are permitted to perform their investment agreements. The new codes should be used to promote acceptance of proper functions and even then, only where they are supported by enforceable and international labour standards and an understanding that exploitation and abuse enforced labour regulation in an open and democratic society. occur because trade union rights are not respected.

This caution need not apply to labels developed to address some specific abuses The international nature of the new codes requires international trade union co- such as child labour. In particular where producers are participating in an inter- operation. The new codes may provide an opportunity to strengthen the interna- nationally recognised programme to eliminate child labour, then a label that indi- tional trade union movement by engaging multinational companies on the inter- cates that the company concerned is participating in a specific programme is national level and may even lead to international social partnerships. Efforts must acceptable. Even here, care must be taken that only the participation in the pro- be made to strengthen the capacity of trade unions, particularly in developing gramme is being certified and not the labour practices used in the product bearing countries, to take full advantage of the new codes. the social label. This caution also does not apply to “fair-trade” labels involving trading relationships between small producers of mainly commodity products in developing countries and consumers in developed countries. Nor does it apply to environmental labels (“eco-labelling”). Several trade unions support these initiatives and while these initiatives may involve labour practices, these practices are not what is being certified.

What is the role for NGOs in codes of conduct? NGOs have often been the leading organisations in campaigns for codes and they have brought the issues of exploitative and abusive labour practices to the attention of the public in many countries. Trade unions should welcome these efforts and work with NGOs in this area. NGOs should work with the appropriate trade union organisations when campaigning over labour practices. NGOs have a vital role in exposing the abuse of workers throughout the world. It is important that they continue to put pressure on both governments and business to behave responsibly. 142 143 Globalisation UK/144 22/03/02 10:37 Page 144 APPENDICES APPENDIX VII LIST OF ABBREVIATIONS

CI - Communications International EI - Education International EPZ - Export Processing Zones ETUC - European Trade Union Confederation EU - European Union EWC - European Works Council FDI - Foreign Direct Investment FIET - International Federation of Commercial, Clerical, Professional and Technical Employees GSP - Generalised System of Preferences ICEM - International Federation of Chemical, Energy, Mine and General Workers' Union ICFTU - International Confederation of Free Trade unions IFBWW - International Federation of Building and Wood Workers IFJ - International Federation of Journalists IGF - International Graphical Federation IMF - International Metalworkers' Federation (the ITS) IMF - International Monetary Fund (the ﬁnancial institution) ILO - International Labour Organisation ITGLWF - International Textile, Garment and Leather Workers' Federation ITF - International Transport Workers' Federation ITS - International Trade Secretariat IUF - International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association MEI - Media and Entertainment International MNE - Multinational Enterprise MUA - Maritime Union of Australia NGO - Non-Governmental Organisation OECD - Organisation for Economic Co-operation and Development PSI - Public Services International TNC - Trans-national Company TUAC - Trade Union Advisory Committee UADW - Universal Alliance of Diamond Workers UN - United Nations UNCTAD - United Nations Conference on Trade and Development WTO - World Trade Organisation

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