Decent Work in Global Supply Chains – role of international instruments and frameworks Githa Roelans – Head, Multinational enterprises unit

Enterprises and decent work Comply with national law = obligations for all enterprises (local, small, large, multinational) Respect for principles of internationally agreed standards  international instruments and frameworks to guide international business behaviour  sustainable enterprises Policy coherence in these international instruments  consistent guidance for enterprises

ILO instruments that directly speak to enterprises Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, 1977, 2000, 2006 Declaration on Fundamental Principles and Rights at Work, 1998

ILO “MNE Declaration” ILO “MNE Declaration” ILO’s only instrument with recommendations for enterprises, government and social partners in 5 areas: general principles, employment, training, conditions of work and life and industrial relations Only global tripartite instrument related to labour dimension of business conduct encourage positive contribution of MNEs and mitigate and resolve negative impacts Rooted in dialogue, including social dialogue Balances roles and responsibilities of governments, MNEs, employers and workers’ organizations of host and home countries

MNE Declaration General policies: General policies: Obey national law, respect international labour standards, contribute to development priorities and realization of FPRW Obey national law, respect international labour standards, contribute to development priorities and realization of FPRW Employment: Employment: promotion, security, equality of opportunity and treatment promotion, security, equality of opportunity and treatment Training: Training: vocational training and skills development vocational training and skills development Conditions of work and life: Conditions of work and life: wages and benefits, minimum age, safety & health wages and benefits, minimum age, safety & health Industrial relations: Industrial relations: Respect freedom of association and right to collective bargaining, consultations, grievances, industrial disputes Respect freedom of association and right to collective bargaining, consultations, grievances, industrial disputes

MNE Declaration in action ILO Helpdesk for Business on International Labour Standards – Capacity building of tripartite constituents and awareness-raising with MNEs Country-level – enabling regulatory and policy environment and alignment of private policies and action with public objectives – decent work Company-union dialogue Tripartite discussions during ILO regional meetings

Fundamental principles and rights at work Respect freedom of association and the right to bargain collectively End forced labour End child labour Fight discrimination Commits all ILO member States (irrespective of ratification of convention) to promote and to realize these fundamental rights and principles  moral duty to respect Incorporated in MNE Declaration – calling on all parties to contribute to realization of the FPRW

Policy coherence - MNE Declaration and other CSR Instruments ILO MNE Declaration, 1977, 2000, 2006 ILO 1998 Declaration on Fundamental Principles and Rights at Work 4 Labour Principles OECD Guidelines for MNE 1976, 2000, 2011 Employment and Industrial Relations Chapter Human Rights chapter ISO Social Responsibility 2010 Labour chapter Human Rights chapter 2 Human Rights Principles UN Business and Human Rights Framework (2008) and Guiding Principles (2011)

OECD Guidelines : 10 Chapters 1. Concepts and Principles – Government to Business 2. General Policies – corporate citizenship 3. Disclosure – timely, regular, reliable and relevant 4. Human Rights – UN Business and Human Rights „Protect, Respect and Remedy‟ Framework 5. Employment and Industrial Relations – MNE Declaration 6. Environment – includes health and safety disclosure 7. Combating Bribery, Bribe Solicitation and Extortion 8. Consumer Interests – safety, quality, disclosure, privacy 9. Science and Technology – promote tech and knowledge transfer 10. Competition 11. Taxation – local compliance and timely payment

10 Global Compact Principles: Business should... 1 support and respect the protection of internationally proclaimed human rights 2 ensure that their own operations are not complicit in human rights abuses 3 uphold the freedom of association and the effetive recognition of the right to collective bargaining 4 uphold the elimination of forced or compulsory labour 5 uphold the effective abolition of child labour 6 uphold the elimination of discrimination in respect of employment and occupation 7 support a precautionary approach to environmental challenges 8 undertake initiatives to promote greater environmental responsibility 9 encourage the development and diffusion of environmentally friendly technologies 10 work against all forms of corruption, including extortion and bribery

UN Guiding Principles on Business and Human Rights « State Duty to Protect, Business Responsibility to Respect, Access to Remedy for victims» Human rights: Universal Declaration of Human Rights and two covenants Labour rights component: ILO 1998 Declaration of Fundamental Principles and Rights at Work «Due diligence» approach to ensure that there is no negative impact including in business contracts

ISO Guidance on social responsiblity Voluntary international standard on CSR developed by ISO Providing guidance, not for certification Covering 7 core subjects of social responsibility, including labour practices In core subject on labour practices: 1998 ILO Declaration, MNE Declaration and other ILO Conventions

Follow-up mechanisms MNE Declaration: tripartite adopted and global – promoting dialogue (national tripartite; company-union; home-host) OECD MNE Guidelines: governments of OECD and adhering countries – National Contact Points (NCPs) and specific instances procedure – due diligence guidance as part of Responsible Business Conduct

Follow-up mechanisms UN GPs on Business and Human Rights: Human Rights Council – Working Group, Annual Forum – national action plans – research on national remedies for victims Global Compact: Communication on Progress – GC Local Networks

International instruments and frameworks How can unions work with these to engage with MNEs on decent work issues in supply chains?