Regional trends on ILS: overview on ratification and implementation of the ILO Conventions S. Tugschimeg SRO-BKK

Standards: facts and figures 7211 ratifications by 11 of May ratifications of fundamental Conventions (87 % of universal ratification, AP 62 %) 103 ILO Members states ratified all, 30 – 7/8 Asia Pacific: 5 out of 30 ratified all (Fiji, Indonesia, Macau SAR, PNG and Sri Lanka) Asia Pacific – gap with the world > 30 % C. C. Nos. 105, 87, 111 The CEACR and its secretariat examined more than 2,500 report during last session in December 2003

Sharply increasing interest in fundamental Conventions The resolve of the international community to adopt minimum labour standards in globalizing economy The resolve of the sovereign states to break with a past marked by human-rights abuses, political repercussions and shift to free market economy More prominent social dimension of trade liberalization and response from private sector

FPRW Opportunities Democratization (e.g. Indonesia) Trade opportunities (e.g. Cambodia) Political credentials (e.g. East Timor) Commitment of the international community (e.g. Nepal, ADB Social Protection Strategy)

FPRW Threats Logic of competition prevails over employment security, resulting in privatization, subcontracting and casualization of work Rights-based approach = re-allocation of power : too much political insecurity for pluralism ? Independence movements Rejection of the « Western model », depicted as conflictual and with a strong emphasis on the individual

FPRW Weaknesses « Rule of Law » tradition only developing : limited engineering role for legislation in short term, limited assertiveness to make it work Chronical underresourcing of FPRW « entry point », i.e. labour administrations Knowledge gap : inadequate mechanisms to monitor FPRW both in terms of -Quantitative : data gathering -Qualitative : policies, institutions and their effectiveness Advocacy gap : role of FPRW in formalizing the informal economy, eradicating poverty of opportunity and promoting employability instead of employment security is not sufficiently documented

FPRW Strengths Collective resolve of sovereign states : increased technical assistance (e.g. TBPs) and acceptance of IFIs Unilateral attempts to use trade preferences as a lever (e.g. Cambodia) Private rejection of goods produced under perceivably sub-standard conditions

Ratification of fundamental Conventions by selected countries in Asia Pacific as of 17 of May 2004 C. 29C. 105C. 87C. 98C. 100C. 111C. 138C. 182 CHN1990WIP FIJI INDIA CMD INDS LAO1964 MAL1957DEN MON NEPAL PAKIS SRI L THA VIET

Ratification record of ILO Conventions World average - 40 Asia Pacific average - 27 ASEAN average - 17 C. 29C. 105C. 87C. 98C. 100C. 111C. 138C. 182 ASIA

Application of the ILO fundamental Conventions: Freedom of association and right to collective bargaining Least ratified: from general reluctance to apply to crude violations Division of trade unions (Malaysia, Thailand) Application limited to formal sector or private sector Broad criteria for ineligibility to hold a union office (Cambodia) Minimum membership requirements (Philippines – 20 workers) Lack of protection against acts of anti-union discrimination Limited application of right to collective bargaining (“pioneer” industries in Malaysia, public interest in Singapore) Severe restrictions on right to strike -prior authorization, -broad definition of essential services -Disproportionate sanctions for participation in strikes -Interventionist dispute settlement procedures

Forced and compulsory labour C. 105 is less ratified than C. 29 due to the direct relationship to the free exercise of political rights and civil liberties Malaysia and Singapore denounced C. 105 Grave violations of the C. 29 by Myanmar -Persistent resort to forced labour by the military regime -Investigation of Commission of Inquiry based on the complaint in 1996

Forced labour: application problems Provision in law for forced labour as a sanction for participating in strikes – often rooted in broad definition of essential services As a sanction for exercise of political rights and civil liberties Forced prostitution and trafficking, forced child labour – small number of prosecutions, lack of information on convictions Absence of regulations for management of orderly migration Forced labour of children on fishing platforms

Elimination of discrimination in employment and occupation Improved ratification record -11 ratifications since C. 100 recorded more ratifications than C. 111 Although principle recognized in law, application needs improvement -Legislation covers selected prohibited grounds (political opinion and national extraction are not covered in Vietnam) -Does not extend to all terms and conditions of employment -Not always supported by consistent national policy -Principle of “equal pay for work of equal value ” is not explicitly reflected in the legislation or applied mechanically -Lack of social dialogue -General lack of statistical information, information of wage- fixing machinery, actual remuneration gaps and enforcement measures

Abolition of child labour Spectacular progress with ratification -87 ratification of C. 138 since ratifications of C. 182 since 1999 However, limited application in the informal economy (self-employed, domestic workers, work outside clear empl. relationship) Failure to determine light work (definition, admission comditions) lack of direct conection with the compulsory education Lack of capacity and structures to enforce the apaplication in informal sector Lack of tripartite consultations

Ratification prospects China – consideration of C. 111, interest in C. 29 and C. 105 Cambodia – C. 182 Lao PDR – moderate interest in C. 138, C. 182 Malaysia – no active consideration Mongolia - active consideration of C. 29 and C. 105 Thailand – active consideration of C. 138, interest in C. 111, 87, 98 Vietnam – active consideration of C. 29 and C. 105