Report of the Portfolio Committee on Labour on the International Labour Conference (ILO), dated 27 February 2007:

The Portfolio Committee on Labour, having been represented by a multi-party delegation at the International Labour Conference, reports as follows:

Background

The Committee resolved to send a multi-party delegation to attend the annual International Labour Conference (ILC) in Geneva. Ms Kasienyane (ANC), Mr BM Mkongi (ANC) and Ms H Weber (DA) accompanied by the Committee Secretary, Ms P Jayiya, attended the Conference from 12-16 June 2006. The delegation attended meetings of the Africa group, tripartite alliance, proceedings in Committees and plenaries.

2. Introduction

The report gives a synopsis of the proceedings of the 95^th Session of the International Labour Organisation (ILO) which took place in Geneva from 31 May to 16 June 2006. The agenda consisted of standing items and items placed on the agenda by the Conference of the Governing Body, items that were dealt with by various Committees, the reports of the Director-General of the ILO, a summary of the activities of the Africa group, a summary of discussions in Committees, and instruments that were adopted at the Conference.

Standing items

* Report of the Chairperson of the Governing Body and the Director-General

* Global report under the follow-up to the ILO Declaration on the Fundamental Principles and Rights at Work

* Programme, budget and other questions

* Information and reports on the application of Conventions and Recommendations

Agenda:

* The occupational safety and health- standard setting, second discussion with a view to adopt a Convention and a Recommendation.

* The employment relationship-standard setting, single discussion with a view to adopt a Recommendation

* The role of the ILO in technical co-operation- general discussion

3. Official opening
The official opening took place on 31 May in Palais des Nations and was addressed by Mr Trotman (Worker Vice-President). The following people were elected as officials of the 95^th session of the Conference:

President: Minister Khalil, Minister of Labour:Jordaan
Worker : Sir Trotman, Barbados
Employer: Mr Fuernes, Argentina
Having outlined the procedures and identified other officers at the meeting, the Chairperson suspended the plenary until Monday, 6 June 2006.
4. AFRICA GROUP

The Africa Group met daily under the co-ordination of Kenya. These meetings discussed the continent’s common position in the various committees, and progress and feedbacks on agreed interventions. During the discussions of the Africa group, amendments were discussed and agreed to before submission to committees. The spokesperson of different committees provided written reports of their presentations so that members could familiarise themselves with the document. Member states that would appear before the Standards Committee were expected to provide written submissions so that other member states could be able to support them.
The representation of the African group in Committees was agreed as follows:
Committee on Finance and Administration: Senegal
Committee on Employment Relations: South Africa
Committee on Occupational Safety and Health: Uganda
Committee on Technical Cooperation: Morroco
Committee on the Application of Standards: Nigeria

The group had an honour of being addressed by President Johnson-Sirleaf of Liberia.



5. Governing Body Membership

The Governing Body is the executive council of the ILO that takes decisions on policy and establishes the programme and budget of the 178 member states of the ILO. This body meets three times annually in Geneva.

The Governing Body elected Minister Mdladlana as Chairperson for the 2006/07 session. Sir Leroy Trotman, General Secretary of the Barbados Worker’s Union and spokesperson of the Workers’ group, was elected as Workers’ Vice-Chairperson. Mr Daniel Funes de Rioja, President of the Social Policy Department of the Argentine Industrial Union, and Chairperson of the Employers’ group was re-elected as Employer Vice-Chairperson.

The Governing Body also approved the Report of the ILO Committee on Freedom of Association and examined 102 cases.

Reports of the Director-General and Governing Body

Report on the changing patterns in the world of work

The report on changing patterns in the world of work provided a synthesis of the global context in which the ILO was advancing the decent work agenda. It also provided an integrated view of the multiple changes and processes in the world of work and how the ILO tools could be used, shaped and adapted to address these changes.

The report was aimed at putting experiences and knowledge about work in the global perspective. It acknowledged the centrality of work as a source of dignity and fulfilment in people’s lives. Whilst work is recognised as diverse, the report alluded to the dignity of work having been devalued and thought as simply a factor of production. However, that connects with the reality of the ILO’s mandate. The report stimulated a debate around issues that will contribute to the achievement of the strategic objective of making decent work a global and national reality.

The report acknowledged changes brought about by the liberalisation of trade and capital flows resulting in more workers and employers competing in a global market.

The report related to the significance of human rights as an anchor of values at work. It argued that the management of change in the workplace will depend on the quality of work organisation. It called for the balance of the need for flexibility and security which required a strong based approach to the governance of labour markets that foster social dialogue.

The item on the creation of work was part of the report. It emphasised the importance of investment and enterprise development and skills development in the creation of work.

The Director-General commended the manner in which tripartism had contributed to explaining and promoting the decent work agenda. He reiterated that although tripartism was not perfect in every country, the decent work programmes would progressively become the main instrument for co-operation by member states. He acknowledged that the ILO was faced with a challenge of stepping up its efforts in translating the global political support into policies that make decent work a national reality. He also suggested that if the decent work agenda had a connection with politics, there was a need for the ILO to assist governments and social partners to align this approach to policies and translate it into meaningful change in people’s lives.

The ILO is working with multilateral, regional and individual development co-operation agencies, including the International Monetory Fund and the World Bank, to systematically integrate the objectives of productive employment and decent work in their policy dialogue .

The Director-General pointed out that while the international community was analysing and giving support to the decent work agenda, the ILO had continued its regular business of discussing, negotiating and agreeing on action on some key policy approaches to make that agenda happen. In order to respond to the challenges that might be faced, there would be a need to strengthen the capacity of the ILO. There should be a global commitment and recognition of the role that tripartism played in stabilising societies, ensuring consensus building, as well as having good industrial relations.

Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work

The Director-General of the ILO, as part of the follow-up to the Declaration on Fundamental Principles and Rights at Work, adopted by the Conference at its 86^th Session in 1998, is expected to table a report annually that provides a global picture that relates to one of the four categories of the fundamental principles and rights.

This year’s global report focused on the effective abolition of child labour in member states that have ratified and those that have not ratified the relevant fundamental ILO Conventions, namely the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182).

The report indicated that the involvement of children in work had declined, especially in the areas of harmful work. The highest incidences were, however, still found in Sub-Saharan Africa. According to the report, in 2004 it was estimated that out of 317 million economically active children in the world, 218 million were child labourers. Of these, 126 million were engaged in harzardous work.

The report also focused on the different policy choices governments made to address child labour and why certain countries have managed to reach a critical threshold in achieving universal education and the elimination of child labour. It concurred that coherence in policies such as poverty alleviation, provision of quality education, social protection measures, including the protection of worker rights, were important to eliminate child labour.

The report pointed out that co-operation between employers and workers was critical in the fight against child labour. Corporate social responsibility and capacity building were also identified as important elements in addressing child labour.

Mainstreaming of child labour issues was highlighted as one of the interventions in dealing with child labour. The focus was on gender mainstreaming, i.e to promote gender equality and get children back to school.

What emerged from the report was that although there was a high rate of activity in policy formulation and the adoption of plans of action, limited attention was given to the most vulnerable children and even less to the situation of girls. It was also felt that very few governments were giving attention to forced and bonded labour. Less action was reported on improving legislation against the use, procuring or offering of children for illicit activities.

The value of Time Bound Programme (TBP) measures was discussed thoroughly in the report. The TBP is a tool that was developed to deal effectively with the worst forms of child labour. The effectiveness of the TBP could be achieved through the empowerment of key agencies and institutions, governments, organised business and labour, and non-governmental organisations (NGOs).

6. Summary of discussions in Committees

Committee on Freedom of Association

Special attention was drawn to the cases of Cambodia, Djibouti and Zimbabwe because of their serious and urgent nature.

With respect to Cambodia, the Committee urged the government to take measures to ensure that trade union rights of workers were respected, and that trade unionists were able to exercise their activities in a climate that was free from intimidation.

In the case of Djibouti, the Committee requested the government to take measures concerning the reinstatement of trade union officials and workers who were dismissed following a strike, and to launch an independent inquiry into allegations of harassment and unfair dismissal of trade union officials.

In the case of Zimbabwe, the Committee reiterated its deep concern about the general trade union climate in Zimbabwe. It requested the government to accept a direct contact mission.

The Committee also drew the attention of the Governing Body to the case of the Islamic Republic of Iran. It urged the government to institute an independent inquiry into allegations of interrogation, threats and harassment by the Ministry of Intelligence against trade unionists and to keep it informed of the outcome.

Committee on Application of Standards

This Committee is a standing Conference Committee whose terms of reference are defined in article 7 of the Standing Orders of the Conference. Its mandate is to report on the extent to which member states fulfill their standards-related obligations.

The work of this Committee is based on the report of the Committee of Experts on the Application of Conventions and Recommendations, which is composed of legal experts from different regions of the world.

Part of the general discussions in this Committee included examining the General Survey of the Committee of Experts concerning the following:

* Labour Inspection Convention, 1947 (No. 81);
* The Protocol of 1995 to the Labour Convention, 1947 (No. 81);
* Labour Inspection Recommendation, 1947 (No. 81);
* Labour Inspection (Agriculture) Convention, 1969 (No. 129);
* Labour Inspection (Mining and Transport) Recommendation, 1947 (No.82); and
* Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

The Committee elected its officers as follows:
Chairperson: Mr Sergio Paixao Pardo (Government member, Brazil);
Vice Chairpersons: Mr Edward E Potter (Employer member, US);
Mr Luc Cortebeeck (Worker member, Belgium); and
Reporter: Ms Carine Parra (Government member, France).

The Committee’s work during this session involved the examination of individual cases. Twenty-Five governments were invited to discuss the implementation of the law and practice of specific ratified Conventions. Of these, five were African countries. In addition to fundamental Conventions, several technical Conventions such as those relating to indigenous people, asbestos, wages, vocational rehabilitation and employment of disabled persons, were covered. These Conventions were of great importance to achieve decent work in the context of the poverty reduction strategy.

The Committee requested the Office to adopt all possible measures to improve the situation and solve problems mentioned by governments. It further suggested that particular attention be given to countries that were registered at the Conference.

Committee on Occupational Safety and Health

The 93^rd Session of the Conference decided, by resolution adopted on 15 June 2005, to place on the agenda of its 95^th Session an item entitled ‘Occupational safety and health“ for the second discussion, with a view to adopt a Convention and a Recommendation.

The Committee, however, during the 95^th session discussed Report IV (2A) on the Promotional framework for safety and health which was drafted on the basis of contributions from governments, employers and workers organizations. It also focussed on Report IV (2B) which contained the texts of the proposed Convention and Recommendation These were linked to other relevant ILO occupational safety and health instruments, particularly the Occupational Safety and Health Convention, 1981 (No. 155). The Convention further called for member states to consider steps that could be taken at national level to ratify and implement some key ILO occupational safety and health instruments.

The Conference adopted a resolution concerning asbestos which aimed to help prevent the unnecessary asbestos diseases and deaths in the future. This resolution reaffirmed the ILO’s longstanding policy on the protection of workers from cancer-causing substances.

Committee on Employment Relationship

The Conference dealt with this important subject for the second time in three years. The aim was to examine the increasingly frequent situations in which it was difficult to establish the existence of an employment relationship. The Conference considered the possible adoption of an international labour recommendation on the basis of a draft. The main lines were drawn from the debate, general discussion and conclusions on the employment relationship which took place at the 91^st session of the ILC in 2003. The draft encouraged member states, in consultation with the social partners, to formulate and adopt a national policy that aimed to guarantee effective protection for workers carrying out their work in the context of an employment relationship.

The Conference dealt with two reports as a basis for this item. The first report, namely The employment relationship, Report V (I) International Labour Conference , 95^th Conference, 2006, which contained a general presentation and a comparative analysis of the question, as well as a questionnaire to which governments were asked to give reasoned replies, in consultation with the representative organisations of employers and workers. The second report which consisted of Report V(2A) and Report (2B) included summaries of replies received and Office commentaries, and the proposed Recommendation to be submitted for discussion respectively.

The Recommendation, however, addressed the key issue in the world of work, and employment relations as the foundation on which most labour standards were built. The Recommendation recognizes that there were threats to the employment relationship which arose from different sources such as disguised and ambiguous employment, multiple and contractual arrangements and develops helpful responses to such threats.

The Recommendation provides for criteria, indicators and mechanisms to determine the existence of an employment relationship. It also addresses the gender dimension of the employment relationship and the challenges faced by women, as well as the cross-border movement of workers. The instrument also recognizes that laws and regulations, as well as their interpretation, should be compatible with objectives of decent work. The Recommendation laid a solid basis for future work by the ILO through guidance it gives to member states.

Committee on Technical Co-operation

Since 1999, significant changes took place in the approach and modalities for the development and implementation of ILO programmes and activities. The 2006 report of the Conference dealt with how the recent changes had affected ILO technical cooperation, and outlined the current developments in international development policies and programmes with a view to assist the Conference in making its views known on the role of technical cooperation in promoting the ILO decent work agenda.

The report dealt with trends in technical cooperation, reviewed the substantive work conducted under strategic objectives and raised cross-cutting issues of mainstreaming tripatism and gender equality. Subsequently, in reviewing the programming framework for technical cooperation, the report described the integration of technical cooperation into the system of strategic planning and budgeting, discussed reform in the United Nations (UN) system aimed at harmonizing activities and creating synergies and partnerships, assessing the needs of constituents, and described Decent Work Country Programmes.

The Committee adopted conclusions that will lead the ILO’s work in the coming years, and recognized that technical co-operation was at the core of the ILO’s work. The conclusions identified priorities for action and challenges ahead of the ILO. The Conference reiterated that decent work country programmes would require an active involvement of social partners and the mobilization of financial and human resources for their operation. Tripartism and social dialogue were recognized as fundamental pillars in the design, implementation and evaluation of technical co-operation activities and in the realization of the decent work agenda. In the area of public-private partnerships, the conclusions clearly stated that the Governing Body should establish and monitor the implementation of clear guidelines and criteria for such partnerships.

Finance Committee

This Committee is responsible for discussing and concluding the budget of the ILC. The items discussed during the 95^th session included the following:

* The status of the collection of contributions;
* The assessment of the contributions of new member states;
* The scale of assessment of contributions to the budget;
* The composition of the Administrative Tribunal on the ILO; and
* The programme and budget proposal for 2006/7.

7. Instruments adopted

The Conference adopted the following instruments:

* The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187);

The Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197); and

The Employment Relationship Recommendation, 2006 (No. 198).

The Committee notes the following resolutions of the Conference:

Employment Relationships;
Resolution on asbestos; and
Occupational Health and Safety

With respect to employment relationships the Committee resolved the following:

The Committee should commission a study, with the assistance of DOL, on the impact of labour brokers in South Africa.
The Committee should invite DOL to present to it all the instruments that were adopted in the 95^th International Labour Conference.
The budget of the Committee should be increased to allow for more members to attend the International Labour Conference.

Report to be considered.