Strategy
Experience and lessons learned
252. The main lessons learned during 2010–11 and from the report ILO Programme Implementation
2008–09 include the need to step up information dissemination and awareness raising in relation to the two fundamental ILO Conventions — the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) – which remain badly under-ratified and insufficiently applied in practice. The case for freedom of association and the right to collective bargaining,
not only as human rights, but also as rights that are essential for stable and strong democracy and for social and economic development, needs to be made continuously. Particular attention must be paid to these rights during times of financial and economic crisis, and in the process of recovery from them. Experience has shown that achieving full respect for the right to organize and bargain collectively requires political will and commitment. Long-term engagement and support by the Office for these rights in ways that often span more than a biennium can significantly contribute to this. In order to make the case relevant to constituents at national level in all sectors of the economy – both formal and informal – the Office must intensify its collaboration with governments,
social partners and other relevant actors to build their knowledge and capacity. In 2012–13 the ILO will train national experts using global tools developed in 2010–11. This will help to identify gaps and support the tripartite constituents in the development of relevant national action plans.
Linkages to other outcomes
253. The ILO Declaration on Social Justice for a Fair Globalization singles out freedom of association and collective bargaining as particularly important to the attainment of all four ILO strategic objectives. It is illusory to imagine attaining the other strategic objectives in the absence of respect for these fundamental rights.
Thus, the work carried out under this outcome underpins the realization of the Decent Work Agenda as a whole. A clear synergy exists in particular with the work carried out under outcome 12 (social dialogue and industrial relations), including support for the establishment and functioning of alternative dispute resolution mechanisms and the elaboration of collective bargaining manuals.
Knowledge development and sharing
254. Information on country-level industrial relations and freedom of association legislative frameworks and practice, where available, will be classified and stored in a single depository to ensure that the information is readily accessible to constituents. The Office, in full coordination with national statistical offices, will help governments make the collection of relevant statistics an integral element of their own national action plans aimed at elucidating the impact of government policies and actions in the field of freedom of association and collective bargaining. This information will be particularly helpful for the work being carried out in relation to the development of a more sustainable post-crisis model. It will serve as a basis for analytical and research work that will contribute in particular to Office-wide research on the role of international labour standards in rebalancing globalization. Work on decent work indicators will be pursued with the Policy Integration Department with the aim of providing credible, up-to-date and easily accessible information on national legislative or practical obstacles to the exercise of the fundamental rights of freedom of association and collective bargaining.
Gender equality and non-discrimination
255. Freedom of association and collective bargaining are key to the empowerment of women workers and improving their working and living conditions. Many sectors with a high percentage of women workers are excluded from relevant national legislation, leaving them vulnerable to a double jeopardy of lack of legal
protection and being deprived of the rights essential to their empowerment. Work will be pursued to promote awareness of the role of freedom of association and collective bargaining in promoting gender equality and to strengthen the capacity to organize in areas with a high proportion of women, such as the rural sector, the informal economy, export processing zones (EPZs) and the domestic work sector, so as to reduce the existing rights gaps.
Building the capacity of constituents
256. Further assistance to the tripartite constituents will be provided in the development of sound legal frameworks that respect and protect these fundamental rights. The capacity of the constituents to apply and improve respect for these rights will be strengthened, in cooperation with the Turin Centre, through the application of the global tools elaborated in 2010–11. Likewise, activities with parliamentarians, the judiciary, labour administrations and policy-makers will continue to be expanded. Special attention will be paid to improving respect for freedom of association and collective bargaining as key tools for recovery and development and to maximizing the impact of crisis responses on the real economy. Tools and manuals developed in 2010–11 on the links between freedom of association and development, including in respect of sustainable enterprises, macroeconomic policy and democracy, will be widely used and applied to this effect. A major area of emphasis will be to ensure that the right to freedom of association can be exercised in a meaningful way by rural workers and workers in EPZs. Advocacy and policy advice work in this area will focus on building the capacity of governments, workers and employers to more fully exploit the potential of their enabling rights and to put them to effective use so as to increase their impact on combating poverty, promoting a productive workforce and sustainable enterprises and realizing decent work and social justice.
Partnerships
257. The Office will continue to work with international and regional organizations that play a role in the area of fundamental rights and, where appropriate, will help international financial institutions and regional and national development banks and agencies to improve coherence between the Decent Work Agenda and development goals. For example, building on work conducted in 2010–11, the Office will continue to support One UN country programmes in a number of countries to ensure coherence in addressing national needs with a firm base of respect for freedom of association.
Regular activities will continue to be carried out
in coordination with the Turin Centre on international labour standards and regionalization, covering issues such as relevant action carried out in the European Commission and the European Economic and Social Committee.
Communication
258. The Committee on Freedom of Association is considering measures to make its reports more accessible and improve the impact of its recommendations on the ground. Steps will be taken to follow up its suggestions in a timely fashion. In addition, collaboration with the Turin Centre will continue to increase the media’s awareness of these fundamental rights and facilitate the role the media can play in promoting them, with the aim of enhancing the relevance of these fundamental rights in the country context.
Technical cooperation
259. The reports of the ILO supervisory bodies and the action plans developed under the follow-up to the 1998 Declaration will help the Office to prioritize and direct ILO technical cooperation and assistance to member States to address identified gaps in law and in practice. The
General Survey on Fundamental Principles and Rights at Work and the recurrent discussion on this topic scheduled for 2012 will further guide the Office’s work in this area. The regions will continue to provide key input for the identification of needs on the ground, and cooperation between headquarters and the field will be further enhanced in this regard. For example, sector-specific training and the elaboration of national action plans by constituents will contribute to a relevant focus on particular concerns arising in the export processing sector.
Risk management
260. The main risk underlying the strategy concerns the degree of political will at national level to prioritize the ratification and implementation of these fundamental principles and rights at work. In order to manage this risk, countries need to be identified on the basis of information stemming from the supervisory mechanisms, the ILO field structure and the constituents. Long-term engagement and support by the Office will be necessary, based on cooperative working methods across departments at headquarters and in the regions.
Indicators
Indicator 14.1: Number of member States that, with ILO support, improve the application of basic rights on freedom of association and the right to collective bargaining
Measurement
To be counted as reportable, results must meet at least two of the following criteria, as observed by the ILO supervisory bodies or in the framework of the 1998 Declaration follow-up mechanism:
An awareness-raising strategy and/or programmes on freedom of association and collective bargaining targeting the tripartite constituents are launched.
Convention No. 87 or 98 is ratified.
There is progress in the respect of the fundamental civil liberties of the members of trade unions and employers’ organizations.
Changes are introduced in law, policy or practice to ensure that trade unions and employers’ organizations can be registered and function without undue restrictions.
Mechanisms to ensure protection against acts of anti-union discrimination or interference are established or expanded.
Policies and mechanisms to promote collective bargaining are established or expanded.
Baseline Target
8 member States 11 member States, of which 1 in Africa, 3 in the Americas, 2 in Arab States, 3 in Asia, 2 in Europe
Indicator 14.2: Number of member States that, with ILO support, take significant action to introduce freedom of association and the right to collective bargaining in EPZs
Measurement
To be counted as reportable, results must meet at least one of the following criteria, as observed by ILO supervisory bodies or in the framework of the 1998 Declaration follow-up mechanism:
An awareness-raising strategy and/or programmes on freedom of association and collective bargaining targeting the workers and employers in EPZs are launched.
Measures are adopted to permit workers’ organizations to be established and function in EPZs.
Mechanisms to ensure protection against acts of anti-union discrimination or interference in EPZs are established or expanded.
Policies and mechanisms to promote collective bargaining in EPZs are established or expanded.
Baseline Target
2 member States 2 member States, of which 1 in Arab States, 1 in Asia