| LABOR Training and Information Magazine of the World Confederation of Labour Editorial Address: Editorial Board: Secretariat: Responsible editor: You may borrow articles from LABOR-MAgazine on the understanding that you acknowledge the source and send us a complementary copy. Nr. November 1997 |
Contents
TRADE ACTION : |
76th year, number
1998/3
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Editorial To fully identify the priorities of the platform of action approved by the 24th Congress at Bangkok was the main objective set by the WCL Confederal Board, held in Dakar (Senegal) on April 14th-18th 1998. This board also redefined the most important issues to be dealt with until the holding of the next Congress: free processing zones, collective social rights, and the informal economy.
The WCL and its affiliate organisations are very critical of the existence and development of free processing zones. That is why they will continue doing their best so as to improve the working conditions in these areas as well as to guarantee trade union freedom. Sis. Evangelina Argueta, union militant from the Workers General Confederation (CGTC) affiliated to the WCL and the CLAT, presented an alarming testimony on the situation in Honduras, at the press conference organised by the WCL last May 18th. The government of her country went too far by declaring all Honduras territory as a free processing zone. Consequently, it will be even more difficult for workers to have their legitimate rights respected, and besides, other countries will follow her countrys example. During the second meeting of the WTO Ministerial Conference (18-20 May 1998), the WCL made an appeal in order to make sure that free processing zones are full-fledge rights areas, completely protected by national Labor laws and finally, that the ILO international Labor rules are respected.
This initiative is part of the decision taken by the WCL on urging governments and international political institutions to refuse the current initiatives aimed to dismantling collective social rights, and fostering those included in the ILO fundamental standards.
As for the WCL action in the so-called informal economy sector, this confederation and its organisations will actively work for the organisation of the workers of this sector, in order to defend collectively their interests. With regard to this sector as well as the free processing zones, the WCL makes special emphasis on the training and organisation of workers at the grass roots levels, in order for them to be able to face situations of exploitation and have their respect Labor rights respected.
From now on, we can say that our two departments "Human Rights and International Labor Standards" and "Women" have achieved their highest point of speed and have been able to demonstrate their efficiency and usefulness in different situations. They constitute an important asset and support to our work. The "Women" department has already carried out an important work of contacts and conscience raising, and it has gained significant credibility within the WCL, thanks to its real establishment within the continents.
Finally, the WCL is firmly decided to continue its actions, in order to develop an authentic and autonomous trade unionism -in relation to power- throughout the world. That is what it has done with Indonesias SBSI affiliation. We hope that the Indonesian process set the stage for evolution in other countries where union freedom is not recognised, and where policy makers tend to use trade unions as governments drive belts, which is not a favourable situation for workers, nor for policy makers themselves, nor finally, for democracy.
Willy Thys
Secretary general
76th year, number
1998/3
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The informal sector in Senegal Over the last years, the existence of the informal sector has become a reality within the Senegals Workers Democratic Union (UDTS). In fact, this sector is represented by an autonomous federation which works among 20 other trade unions. It has special characteristics, if compared to other unions, especially in the formal sector, and it was created by the UDTS due to strategic reasons, among others.
The composition, diversity of activities and origin of the UDTS informal sector determine its characteristics. On a vertical plan, the UDTS informal sector became the Informal and Rural Workers Federation (FETRI). As explained by its name, it is a federation integrated by people working in the informal and agricultural sector (horticulturists, cattlemen, people in charge of animal production...).
The informal and rural sectors are mainly integrated by women: they comprise up to 3,500 members and sympathisers.
The FETRI carries out several activities: sale of fish and vegetables in markets, retail sales, laundry services, product transformation, horticulture, cattle raising, rendering of domestic services and basic education (literacy, day care centres...).
The creation of the FETRI, on March 28th 1998, represents the end of a long process in the evolution of the UDTS informal sector. It started taking shape within the Headquarters in 1994, year in which the clothes professionals association joined it. During that same year, this association experimented a brilliant period of development thanks to the carrying out of a literacy program. In fact, several cells were created within the Dakar region and its suburbs.
The FENAPS (National Federation of Craftsmen of Production and Services), the main informal sector organisation back then, already had by its side the FENAGRHOS (National Federation of Horticulturist Groups). Two years later, the SYNEPRAS (National Trade Union of Cattlemen and Animal Production in Senegal) joined these two organisations. These three organisations are subdivided into groups or base cells with or without homogeneous characteristics.
From 1996 on, the sector grew outside Dakar, under a decentralisation approach within
the regions. Thus its presence in Mbour (100km away from Dakar, on the little coast), in
This (100km east of Dakar) and in Richard-Toll (north of Senegal, 100km away from Dakar).
Given its complexity, the informal sector requires specific intervention strategies which go beyond those motivating trade unions. This situation can be noted be it in the guidelines, principles and objectives or through the examples and the evaluation.
The milestones of union action towards the informal sector lies on strategies of services offer in the following major areas: information, education and sensitisation on the population and unions problems, training (literacy, economic management, learning techniques of simple jobs), the promotion of socio-economic factors (access to credit and land, production facilities, facilities of conservation and transportation of its products) and finally, the defence of the material and moral interests of its members.
The FETRI, as an UDTS affiliate organisation, embraces all its principles, but particularly that of independence from any political party, religion and pressure group, as well as the autonomy of action, democracy, solidarity and human dignity defence. Both organisations pursue common objectives with regard to the increase in membership and the development of the unions financial power, as well as the fight against the negative effects of globalisation on the informal and rural sector workers.
An informal sector platform of action including education of and socio-economic support to the informal and rural sector population, seems to be a relevant example of the kind action that could be taken. The objective of such program would be to fight against ignorance and to allow militants to exercise income-generating activities.
An example of this could be the development of a functional literacy campaign, i.e. a program related to the activities carried out by the beneficiaries. Along with discussion activities, this program would take into account, at the same time, aspects associated with specific training or with topics such as economic management.
At first, the socio-economic support can be implemented through a credit fund aimed at meeting several demands regarding a variety of activities characterising the non structured sector. It can also provide for means of production, conservation and products transportation (in other words, equipment). In fact, the socio-economic support constitutes the sine-qua-non condition for the success of any educational program, since it is the source of motivation to learners. The FENAPS has implemented a similar program in which this Federation makes use of certain experience and expertise with its human resources. This program also includes the creation of day care centres for working mothers children.
Evaluation
An evaluation of the UDTS non structured sector from its creation in 1994 to the present days leads to the conclusion that that there has been some progress especially at the institutional level. Its development went from some base cells to the Rural and Informal Sectors Federation (FETRI), passing by different professional groups federations and achieving decentralisation within the regions. Likewise, important progress can be noted in the unionisation of non wage workers.
On the contrary, it is almost impossible to talk about social progress, given the endless difficulties these populations -directly affected by the globalisation of the economy- are facing nowadays. In fact, such situation can be explained through the lack of means for launching any service to the members.
The WCL Confederal Board (Dakar, 14-18 April 1998) put into practice the course of action approved by the WCL Congress at Bangkok, in which the informal sector is greatly taken into account. Furthermore, the ILO office in Dakar will launch a project with the co-operation of the informal sectors affiliated to the union Confederation. This will undoubtedly result in the true reactivation of activities and in the recruitment of new affiliates in order to strengthen the workers defence.
In short, the informal sector has become a tangible reality within the UDTS and it is still organising itself. It pursues cohabitation based on experience, in favour of the two parties. However, its presence within the trade union it constantly helps must be supported through an increasing offer of services, so as to meet, in a better way, the essential needs of its members.
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1998/3
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Union and labor rights in Latin America In May 1998, both the CLAT and its affiliate organisation in Guatemala, the CGTG (Guatemalas Workers General Confederation), launched an international campaign against the non-respect of the fundamental rights in this country. The offences are carried out in theory and in practice, and they have resulted in a march by more than 100 farmers going from the South of Guatemala to its capital city.
A DEMONSTRATION IN FAVOR OF THE FARMERS
April 16th 1998. A group of more than 124 farmers took part into a demonstration of more than 100 kilometres long, going from the farms on the Southern Coast of Guatemala to the capital city. These farmers were dismissed 53 months ago, just because they had defended fellow workers and demanded law enforcement. For most of them, unemployment means poverty, and it is coupled with the eviction from their houses at the farms.
Trade union freedom and collective bargaining constitute two essential rights of the workers, and they represent the cornerstones for the full-fledge exercise of other Labor rights. The judges in this country have reached verdicts favouring the reinstatement of the union leaders who were illegally dismissed. Nevertheless, some months have passed, without them being reinstated.
When reaching the capital, the farmers were able to enter into negotiations with different Government agencies. However, the results obtained did not meet their expectations. Instead of finding an immediate solution, they were summoned by the judicial power so as to ratify their lawsuits, which is an illegal procedure.
Union freedom and collective bargaining: between theory and practice
Guatemalas Constitution and Labor Code guarantee trade union rights. However, according to the CGTG, "workers are facing a difficult situation of institutionalised infringement of the law. Impunity, lack of judges verdicts, transfers of Labor cases to criminal justice and the slowness of the judicial power are only some of the aspects which hide illegal situations against the ILO agreements 87 and 98. All this sets the stage for arbitrary dismissals, harassment and death threats against unions leaders.
Furthermore, serious legal reverses regarding legislation for the public sector workers have been confirmed. "During the civil war, unionists or allied workers were politically persecuted, exiled, kidnapped, tortured and killed. Nowadays, traditional methods have been surpassed by legal techniques", according to an union leader from Guatemala. The decree 35-96, qualified as the "Anti-strike Law", was denounced before the ILO and was unanimously condemned by the Union Freedom Committee. Furthermore, workers organisations and other groups of the civil society referred to it as "unconstitutional", for it reflects the Governments will to avoid the full exercise of Labor rights through the ban on strikes in the public sector. Besides, it establishes special procedures for the collective bargaining, which open the path to abuses and delays. In spite of the national and international pressure, the decree is still in force.
With regard to collective bargaining, its approval process is increasingly difficult. Besides causing, in general, the revocation of the leaders supporting it, the judicial power slowness and its complicity with certain employers hinder the exercise of this right. "By changing its nature and objective, the Ministry of Labor has become a real obstacle for the collective bargaining process".
Rural companies and farms are not the only sector involved in this terrible denial of Labor rights. This situation is extended to hotels, the food industry and other sectors. In fact, the flexibility of Labor practices enjoys a complete impunity status. Companies subcontract other companies to perform even their own activities or use legal contrivances to undermine the basis of the union organisations, hire workers under more precarious conditions and thus increase their own profits.
One side of the same coin
The trade union panorama in Guatemala, coupled with the Colombian union situation, offers, undoubtedly, a sad image of the most alarming Labor situation in all the region. Both countries present extreme situations of murders, torture, death threats or kidnaps of trade union leaders.
Nevertheless, the systematic denial of unions rights, in theory and practice, is common to all the countries of the region. neo-liberal policies, mainly based on the adjustment imposed after the debt crisis, include a great component of flexibilisation of the Labor legislation. Within this situation, workers have to adapt themselves to the requirements of the market and the best trade union is, in general, the one that does not exist.
For Latin American workers, this situation represents a massive infringement of their fundamental rights, an unprecedented exclusion, alarming growth rates with underemployment and unemployment, and a constant fight for surviving, defending their rights and working with dignity.
76th year, number
1998/3
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Global March against Child LabourIt was a very special moment when on 3 June dozens of children, victims of forced labour, exploitation and hazardous working circumstances, entered together with their guides the large meeting hall of the International Labour Conference and mounted the platform. Never before in the history of the ILO the official delegations were confronted in such a direct way with a social problem; never before a social movement demanded so intensively the attention of a plenary session of the ILO. And rightly so; child labour (which is assuming ever larger proportions under the influence of the neo-liberal globalisation) is one of the blots on this world and must not be tolerated anymore. It is the merit of the Global March against Child Labour that in previous months there were in numerous places mobilisations against child exploitation. The actions in Geneva were an international peak and were no doubt conducive to the fact that the proceedings with regard to a new ILO Convention on the most extreme forms of "child labour" were followed very close (see also elsewhere in this number of LABOR).
The WCL and its affiliates have played an active part in the Global March against Child Labour. They therefore felt honoured with the request of Kailash Satyarthi, final co-ordinator of the March, to be accredited by the WCL for the 86th International Labour Conference.
In his contacts with the WCL Kailash Satyarthi pointed out that in places where child labour is spreading absolutely unchecked without receiving sufficient public attention or being an item on the national political agenda, the Global March has certainly contributed to a more critical awareness. Many people are now convinced of the fact that soon we will be living in a world free from child labour. According to Satyarthi, the Global March has called into existence unprecedented co-operation relations between NGOs, trade unions, employers associations, religious institutions and government agencies, which did a fantastic job. Yet, he is also aware of the fact that there is an enormous task in store for him.
K. Satyarthi: "If we mortgage their childhood for 10 years of labour, they become a liability for 50 years. But if we help them grow and develop for those 10 years, they become an asset for 50 years."
Kailash
Satyarthi: Strong economic powers are perpetuating and even spreading child labour,
whether or not intentionally. The globalisation has induced multinational enterprises to
work with subcontractors who pay the lowest wages. And who are paid these low wages?
Children, of course, because they have no bargaining power. The structural
adjustment programmes have resulted in a decrease in employment for adults and in less
education opportunities for children, especially for girls. Children ought to rank first
in any economic policy. The protection of the essential interests of children, including
the universal right to free, meaningful and compulsory education, has to underlie each
planned development or national concept. All these problems require a joint offensive for
change on the part of governments, employers associations and trade unions, but also
of the children themselves and the organisations working for them. More political will and
honesty as well as a greater social concern are of paramount importance at all levels,
going from the individual, the village and the community to the country and the world.
When on 17 January in Manila (the Philippines) the starting signal of the March was given, this heralded the greatest social initiative ever in favour of the more than 250 million exploited children in the world. The enthusiastic commitment of all children who are or were victims of child labour, made it abundantly clear that they expected a lot from the Global March. Their testimonies and addresses showed unmistakably their longing for identity and dignity, for a real childhood free from humiliation and exploitation, for more opportunities to go to school.
Labor: What were your expectations when you arrived here in Geneva?
We had expected that the reality of the children accompanying us, their interests and wishes, would be starting point of the discussions. We wanted the delegates, when discussing the new Convention, to empathise with these children and with all the other children they represent; we wanted them to realise that they were talking about concrete people when discussing child labour in the committee. These children come from everywhere. They took part in the March, explained their problems whenever possible and headed for concrete solutions.
Labor: Are you satisfied with the course of the discussion so far?
A very large part of the discussion indeed comes up to may expectations. Unfortunately, several delegates and particularly government representatives fail to commit themselves and avoid unambiguous statements. Asian government representatives in particular, but also Latin American and a few African ones, have adopted an unco-operative attitude. They want a new debate on definitions, on what exactly should be understood by the most extreme forms of child labour, or they say they lack the means to eradicate these inadmissible expressions of child labour. Such digressions result in a useless debate, unfortunately. Most countries present here already have strict laws against "bound" labour, against child prostitution, against the deployment of children in armed conflicts or against hazardous working circumstances for children. Most countries have had these laws for 15 to 20 years already. Now that they feel that a Convention on the extreme forms of child labour is in the making, several governments will feel compelled to put their laws into practice. They cannot keep up appearances anymore. It has struck me, further, that the employers group by and large has adopted a more positive attitude to child labour. I do not mean by this that the employers have suddenly grown more radical or progressive. I never expected them to. I did expect them to adopt a more open attitude, however, and I am not disappointed in this.
Labor: What Convention will be adopted next year?
I believe we can expect a strong Convention. The current evolution leads us to believe that a majority is making for an effective instrument which also pays attention to the follow-up. Only a minority is trying to stop the Convention. We would like the Convention to be added to the basic conventions an to be widely ratified.
Labor: Until next year?
If the ILO or whoever invites a number of participants in the Global March, there is a strong chance(JV)
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"A world free of child labour; nothing less than
that" The 1998 International Labour Conference
The 86th session of the International Labour Conference, presided over by Jean-Jacques Oechslin (Employers Group, France) and attended by more than 3,000 delegates from 157 countries, was held on June 2nd through June 18th.
As in previous years, the WCL and its affiliates attended the conference and participated in the various commissions. They repeatedly took the floor during the discussions of the issues in the agenda below:
Agenda:
This year was marked by the celebration of the 50th ANNIVERSARY OF CONVENTION 87 ON UNION FREEDOM.
The Commission for the Compliance of Standards and by the workers group notably celebrated this anniversary.
Workers, employers and governments underscored the importance of this
Convention, and the Tripartite Commission urged all governments to ratify it. This
convention and the constitutional principle of trade union freedom include the right to go
on strike, which throughout the years, has been considered a natural consequence of trade
union freedom by all the ILO control bodies. As early as 1952, the Committee on union
freedom ruled that this right is a legitimate and essential means of promotion and defence
of workers interests. While it is true that governments now interfere less in union
matters than in the past, and that union freedom has expanded into new sectors of Labor,
e.g. civil servants, teachers, health care workers, etc., many union freedoms are still
repeatedly violated in quite a few countries. In the words of Willy Thys, WCL Secretary
General, this convention represents the sine-qua-non condition for freedom, democracy and
development. Likewise, Fernand Kikongi, WCL President, in his speech at the Workers
Groups ceremony marking the 50th anniversary of convention 87, stated that adopting
this convention means acknowledging the essential role of unions. It fosters the
development of independent unions since workers can choose what union to join. According
to F. Kikongi, despite the improvements noted, these are not times for the workers to
rejoice.
Other WCL delegates who took the floor kept this line of reasoning. While admitting the progress made because of Convention 87, J. Pinzon from Guatemala, M. Pakpahan from Indonesia (SBSI), P. Thailuan from Thailand (NCTL), J. R. Gomez from CLAT, A. J. Mousseni from Cameroon (USLC), M. Wojcik Tomasz from Poland (Solidarnosc) and Oliveros Maximo Floro from The Philippines (FFW), all denounced the hurdles placed by their respective governments to the implementation of this Convention.
Taking the floor on behalf of the workers group of the Commission on standards, Willy Peirens stated that due to the economic globalisation and the resulting increased competition, many countries now accept or tolerate new cuts in unions freedom, as is the case in export free processing zones. Union freedom does not only concern Labor law. It is not enough to tolerate union organisations. Governments must also create the conditions allowing free union activities.
THE COMMISSION ON THE IMPLEMENTATION OF STANDARDS
Wily Peirens, Belgian CSC President, is the Vice Chairman of the tripartite commission, integrated by representatives of workers and employers, and governments. The Commissions duty is to monitor compliance with the Conventions and Recommendations also known as standards- approved by the ILO International Conferences since 1919. Efforts have been undertaken over the last years in order to promote the enforcement of the so-called "fundamental Labor standards", e.g. union freedom and collective bargaining. The Commission started its works with a discussion on general issues related to the enforcement of the conventions and recommendations, and on how member States are fulfilling their regulatory duties under the terms of the ILO Charter. It addressed for the first time a special report on Conventions 29 and 105 and the enforcement of Convention 122. A debate ensued on the report by the ILO/UNESCO experts joint Committee. The last part of the general debate focused on the general study by the experts of the Commission on the implementation of the conventions and recommendations, and especially on vocational rehabilitation and employment of the disable. Finally, the Commission discussed some individual cases regarding the implementation of the ratified conventions.
Still some steps to be taken...
While an increasing number of member States take an open stance on the ILO Labor standards, the implementation of some conventions still poses a serious problem in many countries, due to the new orientation of the social and union regulations, to the persistence of discrimination and social exclusion by an elite or a dominating caste, or to die-hard dictatorships. And while the number of ratifications is steadily rising, major countries, such as the United States, China, Brazil, and India have not yet ratified convention 87. These countries make up more than half the workers and employers of the world. Examining the first part of the Experts Commissions Report in a general debate, the Commission concluded that many studies have shown that compliance with fundamental Labor standards is by no means a hurdle to economic development, but quite on the contrary.
For the first time, the Commission discussed a special report on conventions 29 and 105, regarding the elimination of forced Labor.
These conventions are among the most widely ratified ones, yet they have not been ratified by ratified by China, the United States and Canada. Conventions 29 and 105 should be universally ratified, since in a globalised world there is no place for ancient or new ways of slavery. Child Labor is usually performed in conditions bordering forced Labor and exploitation.
The debate tackled the issue of the prisoners working for private companies or in privately-managed prisons, especially in the United States and the United Kingdom. Workers members consider that forced Labor is a problem both regarding fundamental human rights and to unfair competition.
Employment Policy Convention 122
The Commission also addressed the implementation of Convention 122 on the employment policy. According to the workers and employers organisations, Convention 122 requires a co-ordinated, comprehensive economic social policy. Governments should increasingly consult social partners on the employment policy. The experts commission also stressed that when it comes to define employment plans, governments should ensure a real integration of workers in Labor so as to prevent them from being confined to a lower social status.
ILO/UNESCO Joint Commission for the recommendation on teachers working conditions
The Commission on standards also studied the ILO/UNESCO Joint Experts Committees report on the implementation of the recommendation regarding teachers conditions. It considers that this 1966s recommendation is still valid. The loss of teachers morale and professionalism and the lack of real consultation by their organisations increasingly affect the quality of education. Teachers working conditions as well as education are usually impaired by structural adjustment programs. In this debate, the WCT reaffirmed its refusal for the educational systems to fall into the rules of the market. The lower quality of education also has impacts the struggle against child Labor. The workers group requested the experts joint committee to pay special attention to the relation that may exist between teachers working conditions and child Labor.
Vocational rehabilitation and the employment of the disable
The discussion on a general study regarding the vocational rehabilitation and the employment of the disable (convention 159 and recommendation 168) showed that the specific and effective measures taken after consultation with workers, employers and the disable organisations are extremely important for the fulfilment of the legitimate aspirations of the disable to social integration. The disable living in rural areas or isolated communities, and their families, should be no longer excluded. Furthermore, the experts committee, the workers group and some other participants stressed the importance of extending to the disable the protection against discrimination under Convention 111.
Cases filed
The commission examined 25 cases from as many countries concerning 10 conventions. Among them, two cases were treated separately. Myanmar was singled out for serious and constant violations of convention 87 on union freedom and the protection of union right. Sudan was charged as well on violations of convention 29 on forced Labor. Slavery persists in this country and the government does not undertake any action aimed at putting an end to it. The WCL repeatedly submitted specific reports on slavery in that country to the experts committee.
The commission also addressed cases concerning union freedom (convention 87) in Argentina, Bolivia, Cameroon, Colombia, Ecuador, Ethiopia, Pakistan and Swaziland; collective bargaining (convention 98) in Australia, Brazil, Indonesia and Turkey; forced Labor (convention 29) in Bangladesh and India; minimum wage calculation (convention 95) in the Russian Federation; migrant workers (convention 97) in Malaysia; social security (convention 102) in Croatia; employment policy (convention 122) in Peru; minimum wage calculation (convention 131) in Uruguay, and workers representation (convention 135) in the Ivory Coast.
Given the seriousness of the situation in Colombia, 26 workers delegates to the International Labor Conference filed a complaint, based on article 26 of the ILO Charter, regarding the violations of conventions 87 and 98. The union freedom committee and the commission on standards implementation have repeatedly dealt with the flagrant and often dramatic violations of union rights in Colombia. Last year, at least 156 unionists were murdered and the countrys regulations impose strong restrictions on union rights. The complainants requested the Board of Administration to appoint an investigation committee with a view to put an end to the tragic situation existing in Colombia.
CHILD LABOR
The ILO decision about upgrading new judicial instruments aimed at eliminating the "worst" forms of child Labor results from the limitations of convention 138 regarding minimum age, but also from the increasing pressure from the international public opinion with regard to childrens exploitation and the high number of working children. These instruments were addressed in a first discussion. A child Labor committee made up by 138 members, including representatives of governments, workers and employers, agreed on some articles to improve the standard and wrote a draft convention. The conclusions called for the conference to adopt new standards on the "worst" modalities of child Labor and to strengthen the current ones. Likewise, the term "child" in a new convention should apply to any person under 18 years of age, the minimum age established by convention 138 for hazardous work. According to the committee, among the "worst" forms of child Labor all forms of slavery or similar practices should be included, such as the trading of children, forced Labor, bondage due to indebtedness or other reasons, the use, recruitment and offer of children for prostitution or the production of pornographic shows and materials, as well as any illegal activity, including drug production and trafficking; and any other kind of work or activity which, given its nature or the conditions in which it is performed, can compromise the childs health, safety or morals.
The draft convention urges the member states ratifying the convention to set appropriate mechanisms for ensuring the enforcement thereof, and to take all the necessary measures for its fulfilment and compliance. Finally, the project encourages the member states to resort to education to eradicate child Labor. The debate on this new instrument was adjourned to June 1999, with a view to adopting the convention.
Education was a point of discussion. It was also difficult to choose where in the text education should be mentioned. A controversy arose as to where references to education should be placed in the text. The workers group expressed that the definition of the worst forms of child Labor should encompass those that deny children the access to education. The "children soldiers" issue was also adjourned to the International Labor Conferences 87th session.
ILO DECLARATION OF PRINCIPLES ON FUNDAMENTAL RIGHTS AND ITS FOLLOW-UP MECHANISM
The workers, and especially the WCL, were the first ones to demand the universal implementation of the ILO fundamental conventions and the establishment of new control mechanisms. These demands are included in the document submitted to the Director General by the workers group in the Board of Administration, in October 1993, and entitled "The ILO looking ahead to the XXI Century".
They are also included in the resolution on the ILO adopted by the WCL Congress in Mauritius, in October 1993. The workers wanted to set up a complaint mechanism similar to that of union freedom. But this was not possible due to the opposition of employers and many governments.
The ILO Declaration on the fundamental Labor rights and principles was approved on June 18th. It impels the ILO 174 member States to comply with the principles related to the seven fundamental Labor standards, and to promote their universal implementation.
Given the economic globalisation, which for workers translates into deregulation and flexibility, it is important that the ILO should live up to its mandate and reaffirm its will not only to defend the workers fundamental rights, but also to strengthen its monitoring system.
This Declaration should guide the ILO and the workers in their debates and negotiations with the International Monetary Fund, the World Bank, etc., so that these institutions take the workers fundamental rights into account and work for their implementation. The Declaration includes a follow-up mechanism designed to encourage the efforts undertaken by the members of the organisation, and to foster the fundamental principles and rights enshrined in the ILO Charter and in the Philadelphia Declaration. For the WCL, the follow-up mechanism should also provide a sharp view of the fundamental conventions with regard to their ratification and specifically, their compliance. It should also be useful in identifying the technical assistance needs, so as to ensure the universal respect for the fundamental principles and rights. This mechanism should be able to issue opinions on the States which violate these conventions.
During the harsh debates held within the Commission in charge of this Declaration, the participants spent more time exchanging views on the links between trade and the Labor standards and also on the paranoia caused by the WTO in some governments- than on a Declaration of the workers fundamental human rights and its follow-up mechanism.
The WCL hopes that the Declaration will contribute to the effective implementation of the ILO conventions and to consolidate social justice worldwide. It considers that the adoption of this Declaration will be the first step on the right path. However, the emphasis placed on the importance of the fundamental standards exempts neither the ILO nor the member states from continuing their efforts to improve other aspects of working conditions and social protection by means of the ratification and implementation of other conventions. The danger now lies in reducing the ILO conventions only to the fundamental ones and in weakening the monitoring system.
The WCL hopes that this new follow-up mechanism will be able to gradually evolve and expand, as the Committee on union freedom did. The jurisdiction practice of this Committee and the experts Commission for the implementation of the conventions and recommendations have evolved over the years. These procedures utterly important for workers were not developed overnight. Workers organisations must help in facing this challenge.
JOB CREATION IN THE SMALL AND MEDIUM ENTERPRISES
On June 17th, the International Labor Conference adopted a recommendation at a second round of discussion on the general conditions for improving employment in the small and medium enterprises, which generate more than 80% of the new jobs in the world. The recommendation urges the member States to adopt policies and specific measures to promote the integration of the informal sector into the formal one. It calls upon members States to promote a stable economic environment with regard to inflation, interest rates and exchange rates, to ensure a broader coverage of social protection for the workers of these enterprises and to comply with current social security regulations.
Furthermore, this recommendation refers twice to child Labor (in the preamble and in article 6.1.c) and urges the ILO members to eliminate child Labor pursuant to convention 138. The last paragraph of this Recommendation emphasises the need for the ILO and other organisations to implement consistent policies.
SUBCONTRACTING
(second discussion)
A draft project of the Convention and Recommendation on subcontracting was analysed for the first time by the Conference in 1997. Back then, the very definition of subcontracting was the cause of many discussions. The draft project focused on the total availability of workers and masked industrial relations (pseudo self-employed workers). Subcontracting typically refers to the hiring by a company of the security or other services from another company.
With a view to shed lights on the notion of subcontracting, the V2B Addendum working paper explains the different kinds of situation covered by the above definition. In its own working paper, the WCL states that while the V2B Addendum may clarify the idea of subcontracting, the level of protection provided in article 5 in the new working paper is inadequate.
The WCL therefore insists on the following: the need for an equal protection of the right to organise and to bargain collectively; discrimination; minimum age; the duty of every State to provide for an equal wage protection; industrial safety and health, and social security systems.
In short, the WCL considers that in the short term the ILO have to address the social issues specific to subcontracting as such, i.e. the contracting out by a company of the production of goods or services to another one. Such situation may have a direct or indirect impact on the workers rights, in aspects like industrial safety and health, union recognition and presence, participation bodies, minimum wages, etc.
The delegates returned the issue to the International Labor Office and to the Board of Administration for a new analysis and explanation of the concepts and of protection, as well as the possible inclusion of the issue in the agenda of future sessions within the four-year mandate of the Conference. The workers delegation expressed its disappointment the commission on subcontracting since it did not propose any Convention or Recommendation draft project, due to major discrepancies among its members.
BY WAY OF CONCLUSION
The WCL confirms that the Conference discharged a valuable work and that some progress has been made, in spite of many difficulties. Social progress is not achieved without a fight, and there are still many things to fight for. However, some setbacks are a source of concern, namely:
MUCHTAR PAKPAHAN
at the International Labour Conference
President Suhartos regime, in Indonesia, came to an end by late May 1998, after the pressure put by workers organisations and social and civil organisations in general. Muchtar Pakpahan was freed on May 25th, and his union organisation, the SBSI, was finally recognised.
The WCL and the International Labour Office extended an invitation to Pakpahan to attend the International Labor Conference. His presence in Geneva was a reflection of first, the fight of the trade union organisations for achieving their freedom, a fight mainly carried out by the WCL; then, the work of the ILO control system, and last but not least, the union action in Indonesia. This visit was even more appropriate since it coincided with the 50th anniversary of Convention 87.
M. Pakpahan participated at the International Labor Conference as Indonesias principal delegate. In his speech, he recalled the SBSIs creation in 1992, when his country was going through a strong regime led by the military, and living under a sole trade union policy undervaluing unions rights. Great progress has been made: the Indonesian government has recognised the SBSI and ratified Convention 87 since June 5th. It also committed itself to ratify the ILO Conventions 105,11 and 138. Nevertheless, the SBSI still claims for the labour legislation to be reformed, so that it can comply with the ILO labour standards, and for a new social dialogue in the country. Pakpahan also emphasised the fact that the SBSIs victories coincided with the 50th anniversary of the ILO Convention 87 and the Universal Declaration of Human Rights.
The SBSIs President also participated in the Standards Application Committee, where it is obvious that the atmosphere was obviously full of excitement. Pakpahan was delighted, on behalf of the union organisation, of having finally been able to officially thank the Committee members, who closely followed the SBSIs evolution and its several attempts of using its right to organise. Once again, he expounded on the demands of his organisation regarding a complete reform of the legal framework, a new labour legislation and the release of all the political prisoners in Indonesia. He asked the committee to support such demands, to offer its technical assistance in drafting a new labour legislation and to closely monitor the compliance of current and future commitments by the Indonesian government. He concluded by praising the Committee, especially the work it has carried out, and the ILO supervision system.
Finally, during the commemoration of the 50th anniversary of Convention 87, he explained how the SBSIs experience demonstrated that the action taken at the national level, coupled with the international action, allowed the union movement to succeed in difficult conditions.
Workers actions, from union movements and civil society, has resulted in the transformation of the Indonesian society. That is what Pakpahan explained at a public conference, where he traced the future perspectives and highlighted the need for international solidarity, and the importance of the ILO action.
This visit was characterised by multiple contacts with the press. Furthermore, Pakpahan was interviewed during the Press Conference organised by the WCL on June 8th. Once he also emphasised the high price the SBSI paid for its defence of the legitimate rights of workers. In fact, from its inception, the organisation was compelled to face several persecutions: 7,500 of its members lost their jobs just joined in. Hundreds were landed in jail and many suffered all kind of harassment. Furthermore, the headquarters were raided and cordoned off by police some documents were confiscated. However, the SBSI stood up and after 6 years of persecution, the organisation was finally recognised. The Indonesian people must now convince the government of the complexity of the problems and of the fact that such problems cannot be overcome without the participation of the civil society. Pakpahan called for an economic and social reform favouring all, as well as for a quick transition towards a new, democratically elected government.
Pakpahan availed himself of his stay in Geneva to meet Michel Hansenne, ILO General Director and to thank him for the support offered to his organisation. He emphasised the need for a stronger presence of ILO, so as bring about a social reform. During an interview with Bernard Gernigon, Head of the Union Freedom Department, he insisted on the fact that this department must monitor the Indonesian government full compliance with Conventions 87 and 98. Pakpahan could also met the US Secretary of Labor, Ms. Alexis Herman, and he asked for the IMF to consult the SBSI before granting any loan.
Mr Pakpahan´s visit to Geneva was a great success, not only for the SBSI union organisation but also for the international union movement, especially, the WCL, which accepted the affiliation of this organisation back in June 1997, when repression was strong, particularly against the SBSI, its leaders and members. At the 50th anniversary of Convention 87 on union freedom and union rights protection, Pakpahans visit showed to what extend union freedom is a fundamental right for all workers worldwide.
76th year, number
1998/3
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Statement of the Brotherhood of Asian Trade Unionists
(BATU)3-4 April 1998, London
It would not come as a surprise if a number of Asian countries start pinning their hopes on the results of the Asia-Europe Meeting (ASEM) in order to bail themselves out of trouble.
East and Southeast Asia have been suffering from an economic crisis which is expected to worsen later on in the year. Region-wide economic instability and uncertainty has set in because of a furious financial crisis that was aggravated by fiscal and trade imbalances, high short-term indebtedness, a weakened financial sector owing to the softening or collapsing properties and real estate sector. Volatile exchange rates triggered attacks from finance speculators and portfolio investors, causing a deepening crisis.
Hit the worst by the turmoil are Indonesia, South Korea and Thailand. South Korea and Thailand, years after breaking out of International Monetary Fund (IMF) control find themselves back under IMF tutelage together with Indonesia. The Philippines, following a series of economic reforms, is expected to exit from the IMF program then return to it using its emergency facility funds.
The effect on Malaysia is lesser in magnitude but the situation has already forced many establishments to displace migrant workers, forcing them to go back to their country of origin, where more uncertainties abound.
Even developed countries like Japan and NICs Taiwan and Singapore were not spared by the crisis. Only South Asia posted relatively high growth rates the past year.
Thus, the ASEM II, occurring at a time when a crisis is still engulfing the region, merits the attention of the Brotherhood of Asian Trade Unionists (BATU) in particular and trade unions and other international civil society groups in general.
Trade ministers and leaders of the business sector from the European Union and a number of Asian countries will meet to come up with a mutually acceptable agreement. Liberalisation of trade between the continents is ASEMs main agenda. Europe wants to export capital in the region, which for now is dominated by Japanese capital and investments through bilateral trade agreements and both Japan and the USA through the Asia Pacific Economic Co-operation (APEC).
Asian governments seem willing to open up but they will have a hard time attracting investments from Europe with their sagging economies. As a result, Asian governments will tend to fast-track liberalisation, relax policies on foreign direct investments and offer cheap labour in the process. This will lead to even more unemployment and underemployment.
As a result of the crisis alone, millions of workers have already been displaced: 8 million were retrenched in Indonesia; 1 million in Thailand; close to a million in South Korea and around 0.2 million in the Philippines. Skyrocketing prices resulting to panic buying, food riots and looting of Chinese-owned stores are happening in Indonesia. Massive trade union-led protests are being mounted in South Korea to oppose the loss of jobs, the relaxed rules on lay-offs and economic uncertainty resulting from IMF prescriptions. Mass actions are getting frequent in Thailand. The national elections in the Philippines is turning out to be a vote for who could best solve the crisis, generate jobs and redeem Filipinos from poverty.
With the ASEM giving a big boost to liberalisation and globalisation, the increasing labour force may find it even harder to find employment. Union membership will most likely continue declining as enterprises in the formal sector undergo downsizing due to competitive pressures. Export processing zones where transnational corporations thrive will continue to exploit workers and their communities if unchecked.
That is why BATU is one with the rest of civil society in pressing for transparency and greater peoples participation in the ASEM process to protect trade union/ human rights and welfare of workers and other sectors.
The BATU joins civil society groups in pushing for the People's Vision.
A People's Vision for the Asia Europe Meeting (ASEM)
The People's Vision Statement towards a more just, equal and sustainable world was signed by trade unions including the BATU and WCL, citizens, community and people's organisations and other civil society groups in Asia and Europe. It was presented at ASEM II, an inter-governmental forum where the main agenda is the economic co-operation and trade between Asia and Europe. ASEM Ministerial heads of governments met for the second time on 3-4 April 1998 in London.
The WCL called on its affiliated organisations most particularly in Europe to lobby for the integration of the social dimension with reference to social rights and social development in the ASEM II agenda by writing to their respective governments.
It also encouraged its affiliates to lobby for the inclusion of Indonesia and Cambodia in their discussion so that corresponding governments will conform to the ILO conventions and respect for human and trade union rights.
4 fundamental principles:
Workers, democracy and development
Women, democracy and development
Children
Strengthening civil society -- human rights, democracy and self-determination
Environment and economic development
Trade & investment for sustainable environmental, social and economic development
Responses to the economic and social crisis
Peopling the ASEM process
We support the People's Vision and call on Asian and European leaders to join us in making this vision our reality.
76th year, number
1998/3
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World seminar of the world federation of industry
workers The World Seminar of the World Federation of industry workers took place in Vienna (Austria), on June 9th. The main issue was "Social dialogue in the industry world: a utopia or a reality?".
Karl Klein, Secretary General of the Christian fraction of the ÖGB from Austria the host country- stated that since the liberalisation, privatisation and globalisation of the economy, strong pressures have hindered the social dialogue in his country.
The time for constructive, smooth concerted action is over. According to Jan Jacob van Dijk, one of the speakers, the issue of social dialogue is still in its infancy in Europe. The question to be asked for the future is whether the emphasis will be placed on a social dialogue based on the European guidelines and recommendations or if trade unionism will be focused on agreements at the industry level, in Europe and the world. As stated by Romualdo Nuwokpe, associate Secretary General of the FPTI African regional, there is no place for social dialogue in Africa, given the high levels of indebtedness and the IMF prescriptions.
Furthermore, the necessary basic conditions for social dialogue in todays African democracies are usually fledgling. Carlos Gaitan, from FLATI regional organisation, confirmed that Latin American unionism has evolved from a protest union movement to a more concerted action-based unionism.
Usually social dialogue is not taken seriously by governments and employers. Only time will tell of unions choice: either an extended social dialogue model, just as it is practised in Europe today, or the American model of industry unions. According to Josef Strachan, from the MIG regional organisation, in many Asian countries, there is a will to promote social dialogue, but usually under the conditions set by the government. This results in a lack of democracy and a paternalistic attitude by the governments.
The will to achieve social dialogue in Asia
The current situation in some Asian countries has caused a considerable tension on this continent now undergoing the effects of a crisis. In Indonesia, the antidemocratic institutions created by President Suharto still exist, and the military, as well as Suhartos former friends, still hold on power. China, now less competitive due to the monetary crisis and the Chinese decision to devaluate the yuan renminbi, could cause a new devaluation wage. India conducted some nuclear tests, to which Pakistan reacted. Finally, the populations of these countries are the first victims affected by the fact that these two enemies do not receive more loans or financial aid from the West.
This political and economic instability highlights the need for the establishment of a social dialogue involving governments, employers and employees, so as to first, find a space for understanding, a moment for each party to be listened to; then, define the crisis affecting them, and finally find a way of collectively dampening its impact.
Certain governments welcome the idea of a social dialogue. This is the case of the Philippines, where the government has called for social meetings, promoted tripartite action within the Labor sector. In Malaysia and Singapore, governments have shown interest in social dialogue, and they search for the "co-operation" of employers and employees, whose ways of co-operating leave much to be desired. However, in countries such as Indonesia, social dialogue meets some resistance. As for employees, they participate in the debates, at several levels. In fact, some workers organisations have established contacts with intergovernmental organisations, multilateral financial institutions and NGOs, and they have co-operated with the UN and the ILO. Likewise, workers representatives actively participated in the "Asian Development Forum", organised by the Asian Development Bank as a response to the monetary crisis. The employers organisations, as well as the chambers of commerce and the industry associations, also participated in several fora, with a view to find acceptable solutions to the socio-economic instability.
The change in Latin American unionism
The cultural differences resulting from a variety of factors, such as the extension of the territory, are all reflected in the union practices. In spite of the union models, certain characteristics common to all the region could be identified from an economic point of view. For instance, economies highly influenced by an interventionist State, or the application of the Ford model of chain production -adopted during 50 years- with a social counterpart, represented by unions.
This model resulted, among others, in the imposition of a neo-liberal model, the privatisation of the economy with subsequent losses of jobs, the opening and liberalisation of the markets, as well as the international economic competitiveness as a priority; all this within the framework of the globalisation of economy and politics. This new reality leads to a process of mergers of companies, the creation and elimination of sectors, a greater concentration of the financial capital, etc.
All this results in a new perspective within the framework of the capital/work relation, clearly a capital-oriented one. Consequently, there is a tense environment and there are conflicts among unions trends: some are aimed at maintaining what is "old", and some others, at striving for a consensus given the new rules of the game. In the developing countries, the employers sector usually adopts a conservative attitude, supported by governments. For instance, in Latin America, all employers unilaterally implement or demand Labor flexibility, which entails the loss of workers vested interests, wage reduction, and the elimination of allowances such as extra hours pay). Besides, they categorically oppose to the information right of all workers and their organisations. Employers also try to impose collective bargaining practices in each workplace, as well as to convince the general public that unions are no longer necessary. These actions are causing divisions among unions and the loss of union power in some countries. Workers have to consider collective bargaining as the core point and expand it by including features of modern industry, especially new technologies and their impact on living and working conditions. Vested interests must translate into modern conceptions, through some goals such as: preserving unions, increasing the number of affiliates, and taking collective bargaining as the core action at national level in each branch, sector or national union....
Stumbling blocks on the road to social dialogue in Africa
The dramatic social and political changes of this end of century have unleashed a democratic process in Africa which can result in a system based on dialogue and mutual understanding of the different actors and partners of the social and political life. Therefore, the challenge lies in achieving an equitable social development, through a dialogue likely to ensure social peace. Africa is plagued by an incredibly high debt which amounts to some US$ 230 billion.
The continent is tightly held by the IMF and the World Bank. Lay-offs are extremely common. Local industries are sold off to transnational corporations. Africa heedlessly rushed into neo-liberalism and globalisation. The economic and monetary imperatives, and the market laws now rule above all. Labor standards are widely imposed under the influence of transnational corporations.
Progress, modernisation and technical breakthroughs no longer consider human dignity, security nor justice any more. Hence one of the social challenges will be to ensure the participation by the civil society in the nations course. In a few countries like Togo, Ivory Coast, Burkina Faso and Gabon, a fledgling social dialogue had led to the recent reforms of Labor Codes, and the unions did participate. But actually, the unions were put up as figureheads who played no real part, since the reforms were widely decided on by the World Bank and the IMF.
Suffice it to examine the new Labor Codes which legalise precarious work. Bretton Woods institutions should rather be willing to listen to workers representatives. This shows the central role tripartism plays in any process of social transformation, structural adjustment and privatisation.
But trade unions must be representative enough to become real agents of sustained economic development. A consensus is required among all the parties involved in the major issues. Only in this way will trade unions go beyond claiming, to mobilise on major development challenges, bargain with governments and national or international employers, take initiatives and truly participate in the social dialogue.
Much remains to be done in Europe
Jacques Delors s appointment as Chairman of the European Commission marked the beginning of social dialogue and consultation among the European employers and workers organisations. However, this dialogue, which started in the 80s, soon plunged into crisis. The social partners tried to reach a consensus, but in 1990, the situation was almost inextricable.
The dialogue was resumed thanks to an agreement reached to on October 31st 1991. This meant a significant contribution by the social partners to the Maastricht Treaty and marked their influence on the European social policy as enshrined in the Social Protocol. The Protocol establishes the way social partners must be consulted, to wit: whenever the Commission releases a document on any issue, the social partners will have six weeks (from the day of release) to deliver an opinion or to express that they deem a European measure necessary on that particular issue.
The social partners comments will make the basis for a new document drafted by the Commission. Once the new version thereof is released, the social partners will have another six weeks to agree on it. This procedure has been used several times since 1995; it was the case with the European works committees which ended up in the adoption of the Directive on European Works Councils. Should the social partners endorse the first draft prepared by the Commission, they will simply request the latter to start the normal decision-making procedure. For instance, when the issue of paid parental leave was brought up, workers and employers agreed on the matter within six weeks. Therefore, the Council of Ministers adopted the proposal as a new Directive. In other cases, the first draft by the Commission is considered to provide an adequate basis to start talks between workers and employers. They then have nine months to reach to an agreement on the issue, as when the reversal of the burden of proof regarding gender discrimination was brought up. Social partners deemed that the Commission had to look more thoroughly into the matter.
Some distinctive features of social dialogue in Europe are its short history, the overbearing stand of the European Commission, the co-ordination gaps between inter-trade and sectoral levels, insufficient regulations, and the failure of union rights to be ingrained in the European social fabric.
76th year, number
1998/3
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7th World Congress of the World Confederation of
Teachers (WCT) 3-11 August 1998, Kuala Lumpur (Malaysia)
"Teachers role in education for the XXI Century"
For the WCT, choosing the subject of the Congress was an easy task, since it results from the latest developments in the educational field and the society.
As for the conclusions of the last Congress at Dakar and the work carried out
so far within the organisation, it should be noted that the WCT actively participated in
the UNESCOs 45th International Conference on Education, entitled "The
strengthening of teachers role within a changing world" held in Geneva, in
October 1996.
During this Conference, great attention was paid to the report submitted to the UNESCO by the International Commission on Education for the XXI Century (Delors Commission). This document, as well as the resolutions of the International Conference on Education and M. Pérez de Cuellars report "Our Creative Diversity" submitted to the UNESCO by the World Commission on Culture and Development, were the cornerstones of the reflection. Some people talk about the emergence of a new paradigm.
The globalisation of the world economy, an issue quite highlighted by the WCL last congress, the fast progress of technology and the social changes we have witnessed lately, allow us to presume that we are evolving at a very fast pace towards new forms, structures and educational systems.
This evolution influences societys expectations towards education and teachers, as well as their roles in education and the society, and make teachers search for a redefined identity and an adapted role.
Within this context of deep changes, it is necessary to reconsider, at the international level, the role, structures and ways of action of teachers trade union organisations.
The framework of the debates was thus established: the aspects at stake at the WCT 7th Congress were the identification of essential common issues as well as the building of basic principles allowing the search for solutions adapted to each sociocultural reality.
Delegates from all the continents, aware of this situation, adequately and efficiently accomplished their mission.
The congress expressed its will to make the WCT an autonomous, solidarity organisation, strong and representative, acting according to the WCLs Principles and action; an education union organisation focused on the defence of teachers, education and all the people involved, but also committed to the social and union action; an international organisation with members acting as driving forces behind its dynamism; an international organisation linked to Governmental International Organisations and willing to widely collaborate with other international union organisations.
The Congress reminded the WCTs fundamental position on education and the WCTs opposition to an economy-based structure of society, which reduces education to a mere means of production of human resources and defines its quality in terms economic adequacy.
The Congress reaffirmed that development of democracy is critical when trying to assure the citizens and all the structures of society the Rule of Law. It is within democracy where the foundations of justice itself, social justice and equal opportunities lie. Democracy is also the basis for actions against social exclusion, racism, child work, increasing poverty and the other plagues of our society.
The congress particularly insisted on the need for education and teachers to have the necessary means for carrying out their noble mission, and for all teachers to have access to a high-level initial and permanent education.
Furthermore, the WCT defined its priorities by regions. It dwelled upon child work, poverty, equal opportunities, human rights and respect for the international standards. Besides, it specified its orientations for the different sectors of education: elementary school, high school, professional education (professional training), tertiary education, adult education and life-long education.
All this is reflected in general, regional, thematic and sectorial resolutions as well as in a Plan of Action defining both the objectives to be achieved, and the methodology to be used.
Finally, the congress adapted the WCTs statutes and internal regulations in order to give decisions a practical approach. It also dwelled upon the collection of dues and the priorities in the management of resources.
Given the debates held in each continent during the congresses of the different regional organisations, and the intense and long reflection during the preparatory seminars held just before the congress, the delegates were able to make consensus decisions.
In short, the WCT 7th Congress took a univocal and unanimous option regarding the roles of the teachers and the WCT in the education and society of the 21st Century.