Promotion of Social Dialogue and Tripartism by the ILO

Yuka Okumura GOVERNANCE, ILO

Table of contents

I. ILO’s background and reference documents in relation with Social Dialogue and Tripartism

II. ILO’s Technical Assistance in the field of Social Dialogue and Tripartism on the ground

III. Tripartism Plus, some examples

I. Background and reference documents on Social Dialogue and

Tripartism

ILO Reference documents with regard to Social Dialogue and Tripartism ILO Constitution (1919) ILO Declaration of Philadelphia (1944) International Labour Conventions Nos. 87, 98, 144, 150, 151 and 154,

and their accompanying Recommendations as well as Recommendation No. 113

ILO Decent Work Agenda (2000) ILO Resolution on Social Dialogue and Tripartism (2002) Tripartite Declaration of Principles concerning Multinational Enterprises

and Social Policy (adopted in 1977 and amended in 2000 and 2006) ILO Declaration on Social Justice for a Fair Globalization (2008)

ILO Strategic Policy Framework (2010-2015) ILO Recurrent Discussion on Social Dialogue (2012) and its action plan

(2013-17) Programme and Budget for 2014-15 and Proposals for 2016-17 Decent Work Country Programmes

Social Dialogue and Tripartism in the ILO The ILO is the only UN organisation which has a

tripartite structure. The organisation was founded in 1919, in the wake of a destructive war, to pursue a vision based on the premise that universal, lasting peace can be established only if it is based on social justice. The ILO became the first specialized agency of the UN in 1946.

The unique tripartite structure of the ILO gives an equal voice to workers, employers and governments to freely and openly exchange their ideas and experiences and promote lasting mechanisms of dialogue and consensus building.

ILO is convinced that promoting social dialogue and tripartism is the most appropriate methods for:

adapting the implementation of the strategic objectives to the needs and circumstances of each country;

translating economic development into social progress, and social progress into economic development;

facilitating consensus building on relevant national and international policies that impact on employment and decent work strategies and programmes; and

making labour law and institutions effective, including in respect of the recognition of the employment relationship, the promotion of good industrial relations and the building of effective labour inspection systems

Translating economic development into social progress, and social progress into economic development

ILO believes that in a world of growing interdependence and complexity and the internationalization of production:

the fundamental values of freedom, human dignity, social justice, security and non-discrimination are essential for sustainable economic and social development and efficiency;

social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards;

the importance of the employment relationship should be recognized as a means of providing legal protection to workers;

productive, profitable and sustainable enterprises, together with a strong social economy and a viable public sector, are critical to sustainable economic development and employment opportunities

C144 - Tripartite Consultation: one of the priority conventions of the ILOFundamental

C029 - Forced Labour Convention, 1930 (No. 29) P029 - Protocol of 2014 to the Forced Labour Convention, 1930 C087 - Freedom of Association and Protection of the Right to Organise Convention,

1948 (No. 87) C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) C100 - Equal Remuneration Convention, 1951 (No. 100) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C138 - Minimum Age Convention, 1973 (No. 138) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)

Governance (Priority) C081 - Labour Inspection Convention, 1947 (No. 81) P081 - Protocol of 1995 to the Labour Inspection Convention, 1947 C122 - Employment Policy Convention, 1964 (No. 122) C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) C144 - Tripartite Consultation (International Labour Standards)

Convention, 1976 (No. 144)

II. ILO’s Technical Assistance in the field of Social Dialogue and Tripartism on

the ground

Decent Work Agenda Work is central to people's well-being. In addition to providing income, work

can pave the way for broader social and economic advancement, strengthening individuals, their families and communities. Such progress, however, hinges on work that is decent. Decent work sums up the aspirations of people in their working lives.

Putting the Decent Work Agenda into practice is achieved through the implementation of the ILO's four strategic objectives: Creating Jobs – an economy that generates opportunities for investment,

entrepreneurship, skills development, job creation and sustainable livelihoods. Guaranteeing rights at work – to obtain recognition and respect for the rights of

workers. All workers, and in particular disadvantaged or poor workers, need representation, participation, and laws that work for their interests.

Extending social protection – to promote both inclusion and productivity by ensuring that women and men enjoy working conditions that are safe, allow adequate free time and rest, take into account family and social values, provide for adequate compensation in case of lost or reduced income and permit access to adequate healthcare.

Promoting social dialogue – Involving strong and independent workers’ and employers' organizations is central to increasing productivity, avoiding disputes at work, and building cohesive societies.

ILO Decent Work Agenda

Decent Work Agend

a

Guaranteeing rights at work

Extending social

protection

Reinforcing tripartism and social

dialogue

Creating jobs

2008 ILO Declaration on Social Justice for a Fair Globalization- Equal importance of the 4 strategic objectives- One cannot be achieved without the others

Gender Equality : a crosscutting objective   

Status of Decent Work Country Programme Development by Regions (as at 15 September 2014)

Region

Draft DWCP document (1) DWCP final document (2) Total number of member States with finalized DWCP or in

process of DWCP elaboration

In drafting process and in consultation with tripartite

constituents

Approved by the Regional Director

Africa* 14 33 47

Arab States 0 4 4

Asia and the Pacific 5 13 18Latin America and the

Caribbean** 12 5 17

Europe and Central Asia 6 6 12

Total 37 61 98* In addition to DWCPs, there are two sub-regional Programmes for East African Community (EAC) and Southern African Development Community (SADC). The latter is in drafting stage.** In addition there is one DWCP for OECS members (Antigua and Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines and Monserrat - six ILO member States and a non-metropolitan territory).

Explanatory Notes:(1) Draft DWCP documents include all elements of DWCPs, developed through a process of consultation with tripartite constituents. They are appraised through the quality assurance process.(2) DWCP final documents that, while subject to modification if conditions change, have met the requirement for approval and can be cited as the vehicle for ILO action.

ILO action on the ground for the promotion of Social Dialogue and Tripartism

The ILO encourages tripartism within Member States by promoting social dialogue to help design and implement national policies. Achieving fair terms of employment, decent working conditions, and development for the benefit of all cannot be achieved without the active involvement of workers, employers and governments, including a broad-based effort by all of them.

Effective social dialogue depends on:

1.Respect for the fundamental rights of freedom of association and collective bargaining . Respect of freedom of association and the right to collective bargaining (ILO Conventions Nos. 87 and 98) and other fundamental principles and rights at work2. Legitimate, independent and representative workers’ and employers’ organisations3. Political will to engage in social dialogue and respect for the role of social partners importance of “building trust”4. Sound industrial relations environment (effective law enforcement institutions, effective dispute resolution mechanisms...)5. Appropriate institutional support6. Technical competence (capacity to deliver and implement agreements)

– How can the ILO help promote Social Dialogue and Tripartism?

ADVISORY SERVICES

• Building strong and functional institutions and processes for social dialogue

• Support Labour law reform• Building Dispute resolution

mechanisms• Promote the ratification and implementation of international labour standards

CAPACITY-BUILDING

Reinforcing the capacities of workers’ and employers’

organizations

Support labour administrations and tripartite institutions

KNOWLEDGE SHARING

* Research* Sharing of good practice

* Comparative Law* Knowledge base

TRAINING (ITC-ILO)

* National Tripartite Social Dialogue

* Negotiation skills* Conciliation & mediation skills

* Labour Court Judges

2010-15 ILO Strategic Policy Framework

Priorities: 19 OUTCOMES

Main Delivery Mechanism:

Results-based management:

Outcome 12: Social Dialogue

DWCPs Result Matrix and OBW

Outcome 12: “Tripartism and strengthened labour market governance contribute to effective social dialogue and sound industrial relations”.

Indicator 12.1 : “ Number of member States that, with ILO support, strengthen social dialogue institutions and mechanisms in line with international labour standards”.

Measurement criteria for Indicator 12.1: National tripartite institutions are established or revitalised so that they have dedicated human and financial resources and function effectively (they meet regularly and take decisions) as forums for consultations between the government and the most representative employers’ and workers’ organisations.

17 DWCP Outcomes linked to 12,1 to be achieved by the end of 2015

Lead Unit

BFA903 - [ACI7] Le renforcement du dialogue social qui intègre les questions de genre 62110 - CO-Abidjan

RWA151 - Strengthening social dialogue and sound industrial relations 62230 - CO-Dar es Salaam

AZE803 - National tripartite mechanism for social dialogue is revitalized and functions effectively

66310 - DWT/CO-Moscow

MDG202 - L'implication des mandants tripartites dans le renforcement du dialogue social et du système de représentativité connaît un progrès sensible.

62220 - CO-Antananarivo

MAR151 - Des capacites renforces des institutions en charge du developpement du dialogue social.

62320 - CO-Algiers

OMN127 - Promotion of the social dialogue process to effectively contribute to the development of social and economic policies

64110 - DWT-Beirut

TTO226 - Social dialogue institutions and mechanisms in Trinidad and Tobago have been strengthened

63110 - DWT/CO-Port of Spain

PER803 - Instituciones o mecanismos de diálogo social fortalecidos de conformidad con la NITS 63410 - DWT/CO-Lima

KEN803 - [ACI4] Increased capacities of social partners to participate effectively in social dialogue for social, economic and labour policy development.

62010 - Africa Regional Management

TCD803 - Les capacités des mandants tripartites et d'autres institutions concernées sont renforcées pour contribuer à la promotion de l'emploi

62620 - CO-Kinshasa

ARG803 - Se fortalece la institucionalidad de los mecanismos existentes de diálogo social tripartito y se establecen mecanismos para su articulación que propenda a la adopción e implementación coherente y coordinada de las políticas públicas.

63040 - CO-Buenos Aires

TJK803 - Increased capacities of employers' and workers' organisations to participate effectively in the development of social and labour policy

66310 - DWT/CO-Moscow

IND176 - Strengthened national and state level tripartite mechanisms for effective social dialogue and industrial relations

65310 - DWT/CO-New Delhi

GEO803 - Increased capacities of employers' and workers' organisations to participate effectively in the development of social and labour policy

66310 - DWT/CO-Moscow

VNM101 - Effective social dialogue and sound industrial relations promoting better working conditions

65130 - CO-Hanoi

TUN803 - Increased capacities of employers' and workers' organisations to participate effectively in the development of social and labour policy.

62320 - CO-Algiers

III. Tripartism plussome examples

Resolution concerning tripartism and social dialogueAdopted on 18 June 2002

The General Conference of the International Labour Organization,

Recalling the Constitution of the International Labour Organization,

Recalling Conventions Nos. 87, 98, 144, 150, 151 and 154, and the Recommendations accompanying them as well as Recommendation No. 113,

Underlining the founding of the International Labour Organization in 1919 as a unique tripartite structure with the objective of “universal and lasting peace”,

Reaffirming the importance of the tripartite nature of the International Labour Organization, which is the only international organization where governments and representatives of workers’ and employers’ organizations can freely and openly exchange their ideas and experiences and promote lasting mechanisms of dialogue and consensus building,

Stressing that among the strategic objectives of the International Labour Organization is the strengthening of tripartism and social dialogue,

Aware that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role,

Reaffirming that legitimate, independent and democratic organizations of workers and employers, engaging in dialogue and collective bargaining, bring a tradition of social peace based on free negotiations and accommodation of conflicting interests, therefore making social dialogue a central element of democratic societies,

Recalling the numerous challenges and opportunities facing the world of work in the framework of on-going globalization and the importance of strengthening the collaboration between the social partners and governments in order to achieve appropriate solutions at national, regional and international levels and, most pertinently, in the International Labour Organization,

Recalling the essential role of the social partners in stable economic and social development, democratization and participative development and in examining and reinforcing the role of international cooperation for poverty eradication, promotion of full employment and decent work, which ensure social cohesion of countries,

Stressing that social dialogue and tripartism are modern and dynamic processes that have unique capacity and great potential to contribute to progress in many difficult and challenging situations and issues, including those related to globalization, regional integration and transition,

Resolution concerning tripartism and social dialogue (suite)

Emphasizing that the social partners are open to dialogue and that they work in the field with NGOs that share the same values and objectives and pursue them in a constructive manner;

recognizing the potential for the International Labour Office to collaborate with civil society following appropriate consultations with the tripartite constituents,

Noting the valuable contributions of civil society institutions and organizations in assisting the Office in carrying out its work – particularly in the fields of child labour, migrant workers and workers with disabilities; and recognizing that forms of dialogue other than social dialogue are most useful when all parties respect the respective roles and responsibilities of others, particularly concerning questions of representation;

Resolution concerning tripartism and social dialogue(suite)

1. Invites the governments to ensure that the necessary preconditions exist for social dialogue, including respect for the fundamental principles and the right to freedom of association and collective bargaining, a sound industrial relations environment, and respect for the role of the social partners, and invites governments as well as workers’ and employers’ organizations to promote and enhance tripartism and social dialogue, especially in sectors where tripartism and social dialogue are absent or hardly exist:

(a) invites workers’ organizations to continue to empower workers in sectors where representation is low in order to enable them to exercise their rights and defend their interests;

(b) invites employers’ organizations to reach out to sectors where representation levels are low in order to support the development of a business environment in which tripartism and social dialogue can flourish.

2. Invites the Governing Body of the International Labour Office to instruct the Director- General to ensure that the International Labour Organization and its Office within existing resources of the Organization:

(a) consolidate the tripartite nature of the Organization – governments, workers and employers –legitimately representing the aspirations of its constituents in the world of work;

(b) continue to this end their efforts to strengthen employers’ and workers’ organizations to enable them better to collaborate in the work of the Office and be more effective in their countries;

(c) enhance the role of tripartism and social dialogue in the Organization, both as one of its four strategic objectives and as a tool to make operational all strategic objectives, as well as the cross-cutting issues of gender and development;

(d) promote the ratification and application of ILO standards specifically addressing social dialogue, as set out in the preamble above and continue to promote the ILO Declaration on Fundamental Principles and Rights at Work;

(e) promote the involvement of the social partners in a meaningful consultative process in labour reforms, including dealing with the core Conventions and other work-related legislation;

(f) carry out in-depth studies of social dialogue in collaboration with the Organization’s constituents with a view to enhancing the capacity of labour administrations and workers’ and employers’ organizations to participate in social dialogue; reinforce the role and all the functions of the Social Dialogue Sector within the Office and in particular its capacity to promote social dialogue in all the strategic objectives of the Organization, and recognize the unique functions and roles of the Bureaux for Employers’ and Workers’ Activities within the Office and strengthen their abilities to provide services to employers’ and workers’ organizations worldwide in order to enable them to maximize the outcome of the Office’s work;

(h) promote and reinforce the tripartite activities of the Organization to determine its policies and work priorities, and further develop technical cooperation programmes and other mechanisms with the social partners and governments to help strengthen their capacities, services and representation;

(i) reiterate in headquarters and in the field the importance of strengthening the tripartite structure of the International Labour Organization and to ensure that the Office works with and for the constituents of the Organization;

(j) ensure that the tripartite constituents will be consulted as appropriate in the selection of and relationships with other civil society organizations with which the International Labour Organization might work.

Resolution concerning tripartism and social dialogue (suite)

Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (adopted in 1977 and amended in 2000 and 2006)

Today, the prominent role of multinational enterprises in the process of social and economic globalization renders the application of the principles of the MNE Declaration as timely and necessary as they were at the time of adoption. As efforts to attract and boost foreign direct investment gather momentum within and across many parts of the world, the parties concerned have a new opportunity to use the principles of the Declaration as guidelines for enhancing the positive social and labour effects of the operations of multinational enterprises.

Specific Provisions concerning social dialogue: Industrial relations Freedom of association and the right to organize Collective bargaining Consultation Examination of grievances Settlement of industrial disputes

ILO Strategic Framework for the Programme and Budget 2016-2017 requires broader social dialogue and consultation especially for outcome 5,6,8 and 9

10 Outcome areas1. Promoting more and better jobs especially for youth2. Ratification and application of international labour

standards3. Creating and extending social protection floors4. Promoting sustainable enterprises5. Decent Work in the rural economy6. Formalization of the informal economy7. Promoting workplace compliance through labour

inspection8. Protection of workers from unacceptable forms of work9. Promoting fair and effective labour migration policies10. Strong and representative Employers’ and Workers’

Organizations

3 Mandatory Cross cutting issues

1. Social dialogue2. International Labour Standards

3. Gender equality

Two more examples of broader social dialogue in the ILO

Adotion of C189 - Domestic Workers Convention, 2011 (No. 189) Convention concerning decent work for domestic workers (Entry into force: 05 Sep 2013)

Global Supply Chain Discussion at the International Labour Conference in 2016 (general discussion)

Quotes…“What concerns the ILO in particular is the fact that the economic progress which has been achieved has benefited only a small sector of the population. To some extent, the ILO itself may have contributed to this situation. By assisting in the development of institutions similar to those existing in the industrialized societies of Europe and North America - such as social security systems, trade unions, and collective bargaining - it may have helped to strengthen the position of the privileged sectors of society the civil servants, the managers, and the skilled workers. I am not suggesting that the ILO should now abandon its fundamental principles; but I am suggesting that it should make every effort to redress the alarming imbalances that have arisen in the societies of developing countries.”

“(…) we also need more dialogue with and between those not represented in the giant organizations of modern society; and this may entail a thorough-going revision of the structures and decision-making processes of society. For these are the only means that I can see by which the growing frustrations and discontent can be prevented from becoming a truly explosive - or at least seriously erosive - force in society.

The ILO has given the world the concept of the industrial dialogue; in the years to come it must seek to broaden the scope, and increase the substance, of that dialogue. And it will be for other organizations - national and international - to transpose both the concept and the substance to all aspects of national life - to the schools and universities, to the churches, to the political parties and central and local government, to the youth clubs and welfare services - if society as a whole is to attain the cohesion and the sense of collective responsibility which are so essential to its survival. (…)”

“The goal of "social justice" which the ILO's founding fathers wrote into the Treaty of Versailles has proved to be a dynamic concept. As soon as one problem has been successfully tackled, new and unforeseen problems arise which present a major challenge to the social conscience of mankind. Thus, the ILO has never seen, and will never see, its role as that of a defender of the status quo; it will continue to seek to promote social evolution by peaceful means, to identify emerging social needs and problems and threats to social peace, and to stimulate action to deal with such problems. (…)”

By David A. Morse, who spoke in behalf of the International Labor Organization at the Nobel lecture delivered in the auditorium of the Nobel Institute in 1969

“For there are still, to paraphrase the words of Frédéric Passy, dangerous explosives in the hidden depths of the community - the national community and the world community. To the defusing of these explosives, to the building of a truly peaceful world order based on social justice, the ILO, with the immense encouragement it derives from the unique distinction of the Nobel Peace Prize, solemnly dedicates its second half-century of existence.”

Thank you !