ITUC

HTUR DepartmentGeneral Presentation

Nadine ThevenetBelgrade Dec. 2009

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Objectives of the seminar

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Strengthening capacities for promoting & defending workers rights

Raise awareness on the ITUC HTUR work and objectives

Ensure participation of the SEE Region to the PERC HTUR Network and plan for a follow up program of action and contributions of the focal persons to this regional network;

Identify tools for HTURs campaigns within the region and develop strategies on how to apply them;

Make practical recommendations for future action

Expected outcomes

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Building of the SEE section of the PERC HTUR network of HTURs focal persons that can contribute directly to the main elements of the action on HTURs

Development of a follow up action plan for promotion and defense of trade unions including both national level actions and activities that could be taken by national organisations in conjunction with ITUC-PERC over specific country focused or regional campaigns

ITUC HTUR Work

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• During the ITUC Vienna Congress in 2006 the promotion of Human and Trade Union Rights (HTUR) was set as one of the key objectives of the ITUC as a precondition for social justice

• The ITUC HTUR Department mission is to:• ensure the respect of fundamental trade union rights (the

right to organise in a trade union, the right to collective bargaining) as guaranteed by the Conventions (C87 and C98) of the International Labour Organisation (ILO)

• take action against other labour rights violations without distinction in all countries, and other violations of human rights especially where these affect working people

Contact: tur@ituc-csi.org For further information see

http://www.ituc-csi.org/spip.php?rubrique9

C87 and C98 – Fundamental trade union rights

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• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - The main points include: – The right of employers and workers, without distinction

whatsoever, to establish and join organizations – The right to establish organizations without previous authorization– The right of workers and employers to establish and join

organizations of their own choice – The right of workers and employers to draw up their constitutions

and rules, to elect their representatives in freedom and to organize their administration and activities

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)– Protection against acts of anti-union discrimination – Protection against acts of interference – Promotion of collective bargaining

• Right to Strike– Recognized by the ILO as a legitimate right which mayb be used

by workers and their organisations to defend their economic and social interests

C87 and C98 – Fundamental trade union rights

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Civil liberties that are essential to the normal exercise of freedom of association or trade union rights in general include:

- the right to life and personal security- the right to freedom and security of person from

arbitrary arrest and detention- freedom of assembly (before, during and after time

of meeting)- the right to a fair trail by an independent and

impartial tribunal- the right to protection of the property of union

organisation- the right to strike

ITUC HTUR Department

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• 6 staff including Steve Benedict (director), a dept. assistant and 4 HTUR officers• Responsibility per region / HTUR Networks

• Asia Pacific and Middle East

• Africa

• Americas

• Europe and North Africa

• ILO Work

• Annual Survey of Violations

• Thematic campaigns

• HTUR Committee

HTUR Committee

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• Vienna Congress called upon affiliates to coordinate their efforts concerning international cooperation and to maintain a HTUR Committee

• Mandate: • To oversee and guide ITUC HTUR work

• To report to ITUC General Council

• To ensure regional participation

Last meeting in Berlin in October 2009

HTUR Action Plan

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• Human and Trade Unions Rights Commitee

• HTUR Networks• Solidarity actions• Annual Survey of Violations of Trade

Unions Rights• Countries at risk • Thematic campaigns• ILO Standards and Supervisory

Mechanisms• Training

HTUR Networks

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• Created at regional level (4 regions) and supported at international level by a Global HTUR Network and accountable to regional structures

• Composed by HTUR and legal experts from each affiliated organisation

• Exchange of experiences and good practices• Building capacities and increase cooperation • Monitor HTUR issues within the region and exchange

information• Launch and participate to the HTUR actions

– Letters of protest and appeals– Input to the Annual Survey– Thematic campaigns

• Expertise and technical assistance– Advise affiliates during the adoption of new legislation

Campaigns, protest letters and appeals

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International solidarity actions to support those whose rights are under attack by publicising violations, to bring public pressure on those responsible and on those violating workers’ rights, and to put pressure on governments and employers to redress

• Protest letters sent to governments and employers (see http://www.ituc-csi.org/spip.php?rubrique91 )

• Appeals – asking our networks to send letters to governments and employers

• Request for intervention of the ILO Director General in case of severe violation of rights provided in C87/C98– Facts must be serious and require an urgent intervention

• Campaigns– Country campaigns - in case of crisis / countries at risk

» Iran (Iran’s day), Zimbabwe (ILO commission of enquiry), Burma (companies’ in Burma DB) etc

» Follow-up, support affiliates, work with NGOs – Thematic campaign: Forced labour and trafficking

Annual Survey

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• Assessment of respect and denunciation of violations of TURs: Focus on the right to organise, right to collective bargaining, right to strike in law, in practice and the related violations• Overview per country of the TUR legal framework (principles and

restrictions) • Highlighting of the effective TURs’ implementation, underlining the

main hurdles as well as administrative and judicial systems deficiencies and the violations

• An ITUC annual worlwide report• Annual Launch – when possible during the International Labour

Conference (ILC) in Geneva• Covering 145 countries• Source of information: affiliates’information and media

• Major ITUC publication and media tool– A working instrument for the ITUC and all affiliates– Revision in progress: developments of a database to enable

further analysis, « statistics » and transversal reports for which there is a need for comparable and historical data

– Format: online, printed and USB

Annual Survey - Changes

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• Update of the information• New laws

• 2009 violations

• Structuring of the information• To enable further data research and analysis

• To identify trends

• Online tools• Development of a database

• Future online version

• Monitoring and control on application

– Contribution to the ILO Supervisory Mechanisms

• Submissions to Committee of Experts on the Application of Conventions and Recommandations (CEACR) (derived from the Annual Survey of violations of trade union rights)

• Support to affiliates in the writing of their comments (to be sent to the ILO – deadlines 31/08, please put the ITUC in copy) and for their interventionduring the CAS

• Submit reports to the CEACR (poss in cooperation with NGOs

• Complaints to the Committee of Freedom of Association• Submit complaints

• Support to affiliates in their complaints

– Coordination of work during the June ILC in Geneva• CAS list and interventions

– Participation in ILO standards setting

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ITUC input to ILO work

ILO Supervisory Mechanisms

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• Regular system of supervision

– Reporting obligation of ratified conventions of ILO member States’

• Every 2 years for fundamental and priority Conventions

• Every 5 years for other Conventions

– Report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR)

– Report examined and discussed by the Tripartite Conference Committee on the Application of Standards (CAS)

• Special system of supervision

– Against a member State (even if they have not ratified the Convention concerned) in case of specific allegations of violations

– Committee on Freedom of Association (CFA) set up in 1951

Training

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• Create awareness and better understanding on issues related to HTUR

• Enhance affiliates' understanding and contribution to the ILO standards setting and supervisory mechanisms and follow-up with training session on specific ILO topics– International labour standards

– Supervisory mechanisms

… in relation with the ILO Turin Center

Thank you for your attention and never hesitate to contact us

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Contact details:

ITUC HTUR Department

Boulevard du Roi Albert II 5, B 1, 1210

Brussels, Belgium

Email: turights@ituc-csi.org

Tel (direct): 00 32 2 224 03 04