THE 95th session of the International Labour Conference (ILC) was held at Geneva, Switzerland from May 30 to June 16, 2006. A total of 4,500 accredited and registered participants attended the session representing the governments, workers and employers of the 166 member states. The participants included 159 ministers or vice ministers of different countries.
The members representing working class in the Indian delegation were Swadesh Dev Roye, CITU, H Mahadevan, AITUC, Sankar Saha, UTUC (LS), Thompan Thomas, HMS, N Adyanthaya & RD Tripathi, INTUC and H. Dave & Ravi Raman, BMS Shri N Adyanthaya of INTUC (India) was elected as one of the three vice presidents of the conference representing the workers’ group.
This year’s agenda
included the following major items – (i) occupational safety and heath -
standard setting second discussion, with a view to adoption of a convention
supplemented by a recommendation (ii) the employment relationship – standard
setting, single discussion, with a view to the adoption of a recommendation
(iii) the role of the ILO in technical cooperation – general discussion and
(iv) global report under the follow-up, to the ILO declaration and fundamental
principles and rights at work. As usual tripartite committees were set up in the
conference on different items of the agenda.
ILO has the deepest insight of the world situation on work place and work force. And very rightly the DG has termed his report “a product of an effort by ILO staff to pull together the range of knowledge their international experience has accumulated, as the secretariat of the world’s only tripartite international organisation, ILO staff have the privilege of regular exchange with government representatives, employers, workers and others… This yields a great deal of varied insights into what is happening and why in the world of work.”
The main focusing issues of the three parts report of the DG included the menacing growth of unemployment, changing pattern in the world of work and decent work agenda for the entire international working community. The issues have been prefaced by the DG thus, “The absence of work, the quality of work, voice at work, continued gender discrimination and unacceptably high youth unemployment are all at the heart of politics today.” Pointing out the reaction of the people the DG said, “And people are reacting in conversations at home, in the secrecy of the voting booth and, when necessary, by forcefully voicing their complaints on the streets.”
Exposing the
campaign that FDI generates employment and justifies flexible labour laws, the
DG has put in concrete terms that, “ The job-creating potential of FDI is one
of the main reasons cited by governments for policy changes to attract MNCs.
This has led to concern that countries may weaken labour protection as an
incentive to inward investors. An OECD study on policy competition for FDI
suggests that the danger of increasing downward pressure on labour standards
always exists. Nonetheless, it concluded that there is no robust evidence that
low-standard (in labour matter) countries provide a heaven for foreign firms.
This finding is confirmed by a detailed ILO analysis of the possible links
between FDI flow and stronger freedom of association, collective bargaining
rights and democracy.” Negating that FDI generates employment the DG’s
report noted, “As described, the job-creating potential of FDI can be
overstated. Empirical research in developing countries does not show strong
employment and labour market effects. A rising share of FDI in total investment
tends to reduce the overall employment elasticity while shifting the pattern of
labour demand.”
The issue that has the immense potential to deeply influence the human society all over the world is employment. The ever-growing unemployment problem has been receiving the constant priority attention of ILO. The DG has pointed out, “Unemployment in terms of people with no work at all is at its highest point ever and stand at nearly 192 million worldwide or about 6 per cent of the global workforce. Of these unemployed, the ILO estimates that 86 million, or about half the global total, are young people aged 15 to 24… Despite robust economic growth of 4.3 per cent in 2005 that increased world output by some US $2.5 trillion, the global economy is failing to deliver enough new jobs for those entering the job markets”
“From 1995 to 2005, the number of unemployed people rose from 157.3 million to 191.8 million, an increase of 21.9 per cent. This pushed up the unemployment rate from 6 to 6.3 per cent. Some 80 per cent of the world’s workforce lives in developing countries. 430 million jobs will need to be created by 2015 simply to keep up with the growth of the labour force which will take place in that part of the world”
Another disturbing feature centering employment issue is the sharp shift in employment pattern. It has shifted from manufacturing sector to service sector over the years. Thus the share of industrial employment was 28.7 per cent in 1995 and reduced to 24.8 per cent in 2005. On the contrary the share of global employment in service sector has gone up from 34.4 per cent in 1995 to nearly 39.0 per cent in 2005. However in “developed countries service sector employment increased by 5.3 percentage points in ten year to equal 71.4 per cent in 2005.”
Consequent upon the fall of employment, trade union membership too has been witnessing fall in many countries of the world. As mentioned by the DG, in the European Union the membership is 26 per cent, in the USA it is 13 per cent compared to 15 per cent ten years earlier. In Japan the figure was 22 per cent and witnessed a reduction of 3 per cent. In other regions of the world also by and large the same trend is present.
Tracing the reason behind such fall the DG has noted, “The main cause of decline in the industrialised countries is the fall in employment in heavily unionised industries such as coal, railways, steel, shipbuilding and manufacturing in general. Recruitment in new service sectors and in smaller establishments has not compensated for these falls. Public sector unions have suffered less membership loss than those in the private sector. The fall in union membership is much less marked in countries where unions play a prominent role in the social security system.”
Ever since the ILO adopted the report titled “A Fair Globalisation: Creating Opportunities for All” the ILO has been diluting continuously its earlier critical stand on imperialist globalisation. It is a matter of serious concern that despite admitting the inefficacy of the present model of globalisation in providing a better humane living for all, the Director General still sought to find a solution within the frame work of free market-globalisation itself. He suggested for making the globalisation more inclusive, open economies to be more responsive to social concerns. This time too the report of the DG notes, “Decent work as a global goal requires a concerted approach by the entire multilateral system, with the ILO playing a major role in facilitating the integration of the Decent Work Agenda into strategies for poverty reduction and a fair and inclusive globalisation. “
Lending tacit support to the demand of the employers’ class for anti-labour reform of labour laws, supposedly to address competition in business, the DG has noted, “On the other hand, the effects of intensified global competition are felt particularly by business, to require a faster pace of adaptation less constrained by law or collective agreements. As a result labour law is currently in a state of more or less constant adjustment. Between 2000 and 2005, the ILO was actively engaged in labour law reform deliberations over 50 countries … A number of countries have eased regulations to lower the costs to employers of hiring and firing and/or introducing new work arrangements.”
However, the
deliberations in the main plenary session of the conference as well as in the
different committee sessions, clearly reflected the rising discontent against
and louder disapproval to the ongoing process of neo-liberal imperialist
globalisation. Most of the workers delegates attending the conference from both
developing and developed countries, and even the Government representatives from
many of the developing countries from different continents generally and
particularly from Asia, Africa and Latin America strongly pointed out the
sufferings of the workers as a direct consequence of the neo-liberal
globalisation programmes and policies prescribed and imposed on the countries by
the trio: World Bank – IMF – WTO.
SPECIAL
PLENARY ON CHILD LABOUR
The 95th ILC conducted a full-day Special Plenary Session on Child Labour on 9th June. The theme report was titled: “The end of child labour: Within reach”. During the session a Round Table was also organized within the plenary.
The session was conducted based on a Global Report under follow-up to the ILO Declaration of Fundamental Principles and Rights at Work presented to the conference by the ILO Office. The report contained a very detailed study on the issue. In the preface to the study report, Juan Samavia, DG, ILO has said, “The fight against child labour in the world continues to be a daunting challenge, but this Global Report provides evidence that a breakthrough could be in the making. We are beginning to see an encouraging reduction in child labour – especially its worst forms – in many areas of the world.” Of course data provided by the ILO itself show that some 217.7 million children in the age bracket of 5 to 17 years are engaged in child labour around the world. Out of this some 126.3 million are caught in the worst forms of child labour.
ILO has drawn an action plan to eliminate child labour. The action plan proposes that “the ILO and its member States continue to pursue the goal of the effective abolition of child labour by committing themselves to the elimination of all worst forms of child labour by 2016. To this effect, all member States would, in accordance with Convention No. 182, design and put in place appropriate time bound measures by the end of 2008.” While further detailing out the action plan it has said, the proposed action plan rests on three pillars: (i) supporting national responses to child labour, in particular through more effective mainstreaming of child labour concerns in national development and policy frameworks; (ii) deepening and strengthening the worldwide movement as a catalyst; and (iii) promoting further integration of child labour concerns within overall ILO priorities.
The committee on occupational safety and health consisted of 178 members representing the government, worker and employer groups. Based on the two parts Report titled “promotional framework for occupational safety and health” and also the draft instruments for a convention and a recommendation prepared by the ILO office extensive exercise was carried out under the structure of respective group and plenary sittings. It may be recalled that in the 93rd session of the ILC this issue was deliberated and conclusions were drawn. The present exercise was in continuation to the previous one. The final outcome were (1) convention on the promotional framework for occupational safety and health (2) recommendation on the promotional framework for occupational safety and health (3) resolution concerning asbestos
An ILO note pointed out that as per its estimates some 6,000 workers die each day as a result of work-related accidents or illness which should be pointer to the global magnitude of the problem of occupational injuries, diseases and death. It called for the need for protection of workers against sickness, disease and injury arising out of employment. Justifying the resolution on asbestos the committee noted that workers continue to face serious risk from asbestos exposure, particularly in asbestos removal, demolition, building maintenance, ship-breaking and waste handling work. It further noted that an estimated 1,00,000 workers die every year from diseases caused by exposure to asbestos.
COMMITTEE ON
The committee on the employment relationship was composed of 204 members representing government, worker and employer members. This issue was discussed in the 91st session of ILC in the year 2003 and had adopted a resolution inviting the governing body of the ILO to give due consideration to the same. The resolution had noted, “one of the consequences associated with changes in the structure of the labour market, the organisation of work and the deficient application of the laws is the growing phenomenon of workers who are in fact employees but find themselves without the protection of an employment relationship.” The existing legislations are unclear, too narrow in scope or otherwise inadequate.” The three forms of employment identified for protection with an instrument and legislation were, “disguised employment”, “ambiguous employment” and “triangular employment” relationship.
The committee passed the recommendation titled – “employment relationship recommendation, 2006. A resolution dealing with establishment, monitoring of implementation mechanism has also been passed and ultimately adopted in the conference plenary.
COMMITTEE ON TECHNICAL COOPERATION
Most damaging exercise has been carried out in this committee. Under the guise of technical cooperation the functioning of the ILO has been dangerously assigned to the agents of imperialist globalisation. Such policy step has been justified in the name of addressing resource crunch for carrying out the functioning of the ILO. The conclusions drawn by the committee directs ILO to undertake “cooperation with United Nations, the Bretton Woods Institutes and other developmental actors both inside and outside the United Nations System, in order to influence the broader multilateral system effort, through United Nations Development Assistance Frameworks …” Further, it continued to say, “In order to increase the resource base and foster ILO/donor agency partnering for the purpose of funding the ILO’s operational programmes, it is necessary to examine new methods of working that meet beneficiaries’ and donors’ expectations.” To trap the ILO under the conditionalities of funding it has been asked that, “Public-private partnership have potential as a source of funding.” It is under such major multiple policy directions, which shall deliver the most dangerous blow to the nearing one hundred year old UN Institution.
COMMITTEE ON APPLICATION OF STANDARDS
The
committee has reviewed the situation relating to implementation of various
conventions and recommendations of ILO in various countries and also scrutinised
the cases of complaints of violation of ratified conventions received and
examined by committee of experts on application of ILO standards.
It
is the general experience that political motive prevails in selecting countries
for scrutiny by the committee. Generally the countries who do not surrender to
the imperialist forces are made the target. This time too it was no exception.
This assertion is strengthened from the fact that in course of the
presentation of the report of the committee in the conference plenary session,
many government and worker speakers came out heavily against the ICFTU
machinations and pointed out how the most industrialised countries despite
repeated violation of labour rights are given clean chit by the ‘custodian of
labour rights!”
In his closing address in the conference plenary the DG underlined the achievements of the conference in the realisation of the two instruments on employment relationship and occupational safety and health. He said, “they both set standards for the twenty-first century which are relevant and applicable for countries all over the world and all stages of development.”
The DG also noted that in 2009 the 90th anniversary of ILO shall be observed and he said, “we must begin preparing now for that major event in the life of an institution.
Further the conference was informed that the governing body of the ILO has elected Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour of the Republic of South Africa, as chairman for its 2006-07 session. It has also decided to hold the next session of the ILC from May 29, 2007 to June 14 , 2007.