No. 105-106/15 June - 1 July 2000
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Geneva : International Labour Conference
Mobilisation against child labour
Maternity protection at the dawn of the 21st Century
ILO intends to work out Safety and Health in Agriculture Convention
AIDS and work
DOAWTU - Extraordinary General Council
Bulgaria: Congress of Promyana
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GENEVA: INTERNATIONAL LABOUR CONFERENCE
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In Geneva the International Labour Conference came to an end. Like every year the WCL took part in several committees, the Committee on the Application of the Standards among others. Willy Peirens retired and Luc Cortebeeck, the new ACV/CSC president, succeeded him as spokesman for the workers’ group. Like Willy Peirens he acquitted himself excellently from this very difficult task. The Committee dealt with 24 cases, including Guatemala (C87), Colombia (C87), Venezuela (C87) and Iran (C111).
Mobilisation against child labour
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Twenty-seven governments ratified in the first year ILO Convention 182 on the worst of child labour. This means that it has been ratified more than any other ILO Convention in a comparable period of time. Convention 105 on the abolition of forced labour is the only other ILO Convention that has come close to this number (17 during the first year after the approval). The WCL was present at the celebration in honour of the countries that ratified this basic ILO Convention. According to ILO Director-general J. Somavia, "the speed at which the Convention was ratified demonstrates the increasing support for the struggle against child labour and particularly against the worst forms of this evil.
The WCL has continued its information efforts and spread on a large scale an information kit on the international campaign for the ratification of Convention 182.
Maternity protection at the dawn of the 21st Century
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On 15 June, the ILO concluded the revision of the Maternity Protection Convention (no 103) and Recommendation (no 95). Comparing the new text with Convention no 103, one observes some progress from the workers’ point of view, but also a flexibilisation of some important points of the convention.
The most noteworthy improvements are the extension of the maternity leave from 12 to 14 weeks (one of the points in which the employers were put in check), the guarantee of getting the same job after the maternity leave, the ban on pregnancy tests for future women workers, the reduction of the working time for breast-feeding, and measures to ensure that pregnant or breast-feeding women are not forced to accomplish work that harms their or their children’s health. Moreover, all women, whether or not married, remain protected.
The deterioration bears upon the protection of employment and non-discrimination. In a nutshell, the protection against dismissal to which women fall victim on account of their reproductive role. Positive is the fact that the period of protection against dismissal was extended. Negative the fact that henceforth dismissals for reasons not related to pregnancy, delivery and breast-feeding can take place, provided that the employer proves the absence of such a relation.
As far as the field of application is concerned, some - limited - progress was made. Basically, all women workers, including the ones employed in atypical forms of dependent work, are concerned. Dependent women workers are considered to be employed, even if their jobs are atypical.
But the old text included all women home-workers. In the new text such women are covered on the understanding that there is relation of dependence. Whereas the exclusions were clearly defined in the old text, the new text enables the exclusion of limited groups of women workers when its application raises special problems of particular importance. The fact of leaving more room for exclusion is favoured by the lack of a clear-cut prior definition of the groups of women workers who will be excluded. This is a step backward, partially compensated for by the fact that the ILO’s jurisprudence is generally interpreted in favour of the workers.
As regards the benefits paid to women, there is a status quo to the extent that two-thirds of the former gains is ensured, but a deterioration in that insufficiently developed countries can bring their maternity benefits into alignment with the benefits in case of illness or temporary incapacity. Moreover, a conceptual deterioration is looming on the horizon. Indeed, maternity is put on a par with an illness or incapacity. This is an essential point in the history of the women’s struggle against discrimination. In a disguised way, one allows the reduction of benefits without fixing a minimum limit or a safety net that makes it possible to live in adequate circumstances.
The employers, seeking a more flexible text, failed to tone down substantially the content of the convention in a climate that tends to reduce the binding nature of the ILO standards. Even if the old text, which is permanently closed to ratification, protected the women workers better in some points. As from now, only the new text can be ratified. A State cannot invoke it to lower the level of its own standards.
ILO intends to work out a Safety and Health in Agriculture Convention
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The International Labour Conference decided to work out a Convention and a Recommendation on the safety and health of agricultural workers. The Convention and Recommendation will be discussed during next year’s Conference.
Despite the basic opposition on the part of the employers, the workers’ and government repre-sentatives agreed on the necessity of a Convention and a Recommendation on this theme.
The new Convention will contain stipulations on important subjects such as safety and health of agricultural workers, protection against and use of chemical substances, safe use of agricultural machinery and implements and care for animals.
The project will be developed on a tripartite basis and protect the rights of women workers, temporary workers and seasonal workers.
The WFAFW was represented by its general secretary and by official representatives of various countries from Europe, Africa and Latin America.
AIDS and work
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On 8 June, there was a special top-level meeting on HIV/AIDS and the world of labour. Its purpose was to examine study by which the ILO (International Labour Office) wants to caution against the disastrous consequences of HIV/AIDS for workers and emplo-yees worldwide. The Conference adopted a resolution on this issue, inviting the governments of the member states and, if need be, the employers’ and workers’ organisations to define and implement in the labour and social world general policies and programmes relieving the effects of AIDS.
ILO Governing Body
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At its latest meeting, the Governing Body discussed the possible establishment of a fact-finding committee on Colombia. The government had asked for a special formula before deciding on the possible establishment of the fact-finding committee. On the basis of the proposal from the director-general, the Governing Body decided to ask the director-general to appoint a special permanent representative who has to establish himself in Colombia to verify the evolution of the general situation and the government measures to bring the legislation in conformity with the ILO conventions and to take all necessary measures to ensure trade union freedom, the exercise of freedom and the safety of trade union leaders. In its report the Committee on Trade Union Freedom stresses that trade union leaders continue to be assassinated. After the Governing Body had adopted this agreement, the Body heard a declaration from Julio Roberto Gomez on behalf of the Colombian workers, in which he pointed out the serious shortcomings of the Colombian government and expressed his disappointment at the non-establishment of the fact-finding committee. He expressed the hope that the formula adopted would serve to improve the overall trade union freedom situation in the country.
The report of the director-general was another important item on the agenda. This report, entitled "Standard-setting action of the ILO in times of globalisation", presented a set of concrete measures capable of raising the pertinence of the ILO’s standard-setting action in the years to come. Universal guarantees of the basic rights are indeed a prerequisite for the workers’ participation in the benefits of globalisation. The address of Willy Thys to the General Assembly with regard to this report has been placed on the ILO’s Internet site www.ilo.org
VISIT OF WILLY THYS IN CARACAS
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Willy Thys was in Caracas to visit the family of Emilio Maspero, who died on 31 May, and the grave of the deceased. The visits were followed by a discussion and an exchange of views with the CLAT Board on the transition problems resulting from the disap-pearance of the CLAT general secretary.
There was also a contact with the Venezuelan Co-ordination. This initiative had still been taken by Emilio Maspero to take up the challenges related to the accession to office of the populist president, Hugo Chavez. As a matter of fact, the ILO has summoned the Venezuelan government to adjust its laws to the international conventions.
The meeting was an excellent source of information to the WCL. The participants expressed their solidarity and their pursuit of coherence in order to overcome the current difficulties.
The general secretary attended, further, two seminars conducted at the UTAL during his stay: one of CODESA (Confederación de Sindicatos Autónomos), an independent organisation close to the CLAT, the other of FEDENACA (Federación Nacional Campesina), affiliated to the CLAT.
DOAWTU – EXTRAORDINARY GENERAL COUNCIL
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On 22-25 May, an extraordinary General Council assembled in Lomé, Togo. The Council was preceded by a two-day seminar (22-23 May 2000) on Finances and Trade Union Dues.
All DOAWTU affiliates took part in these activities. Willy Thys and Toolsyraj Benydin represented the WCL. The debates were centred on the following subjects: principle and problem of the dues; finances, dues and activities of the DOAWTU to achieve its goals; experiences of some countries with dues (Côte d’Ivoire, Namibia). At the end of the seminar proceedings, the participants presented a number of recommendations to the affiliates. The recom-mendations bear upon raising the members’ awareness of the necessity of trade union dues and of the development of a dues culture at all levels.
The actual extraordinary General Council met on 24-25 May with Fernand Kikongi in the chair. The Council was basically devoted to the adoption of new statutory provisions to harmonise the texts.
WCL AND WCT IN MOURNING
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The WCL secretariat was sad to be informed of the decease of Mrs Geneviève Lingesler, aged 77, in France in the night to 3 June 2000. Geneviève Lingesler represented the WCL at the UNESCO.
She was member of the SNEC-CFTC (Syndicat national de l’Enseignemetn chrétien).
A teacher she was particularly concerned about underprivileged families and pupils. She was also a very committed activist in ATD Quart Monde (fourth world movement). She was concerned, further, about the disabled and sat on the national committee for aid to school integration (CNAIS) within Catholic education. In this capacity, she also sat on the national Catholic education committee (CNEC) and took part in the proceedings of national educational committee (CNP). For many years she had been member of the economic and social council (CES) and of the high education and economy committee (HCEE). Open to Europe and the world, her militant action brought her in many international bodies: UNESCO, the Council of Europe and the World Union of Christian Teachers, in which she represented the SNEC-CFTC.
BULGARIA: CONGRESS OF PROMYANA
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The 5th Congress of Promyana was conducted on 27-28 May in Albena, near Varna, in the presence of 293 delegates from all federations and regions. Freddy Pools, executive secretary of the WCL, was invited to the Congress. Several WCL affiliates were present: ACV/CSC (Belgium), CNV (Holland), DEOK (Cyprus), UNIASM (Macedonia), NNGMNT (Croatia) and ADS (Bulgaria).
In his address president Pancho Moutafchiev cautioned against the various forms of populism. He also stressed the struggle against corruption and the necessity of co-operation with the European Union, considering that trade unionism will be going through a difficult period and in particular the talks with the European Union. The president went on to say that Promyana should pursue a well-balanced policy that contains elements such as collective bargaining and trade union freedom. Promyana’s policy had proved fruitful in recent weeks, he added, a fact demonstrated by the recent affiliation of miners and pilots.
The trade union was also considered a loyal partner trying to observe the agreements, he concluded.
His address was followed by the ones of several representatives of sectors, all of them facing reforms, privatisation and wage and budgetary problems.
The Congress amended the Statutes and elected a new Executive Committee, of which Pancho Moutafchiev remains president.
In conclusion, the Congress adopted the Con-federation’s programme and a number of resolutions, on tripartite dialogue, social elections, collective bargaining, vocational training, qualification and pre-qualification, safe working conditions and priva-tisation.
NAMIBIA: CONGRESS OF WFBW
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The World Federation of Building and Woodworkers’ Unions assembled trade unions from all over the world for its Congress in Windhoek, Namibia, on Education and Training as Instruments for the Advancement of Employment and Safety. The Congress took place in Africa in support of the emerging trade union work in that continent, where many organisations are still in search of possibly efficient organisational forms. The seminar and Congress indeed supported these developments. Africa deserves this attention and is entitled to it. The WFBW and its delegation, around seventy delegates from thirty countries worldwide, wanted to bear witness to this. The choice of Namibia was inspired by the symbolic role of this young democracy, which knows what the words inde-pendence and freedom mean.
As a trade union the WFBW also wants to take an independent course; its foundation are basic human values: recognition of personalism, the uniqueness of each human being, the necessity of solidarity between human beings, the fact of considering pluralism a positive factor. Freedom in all its aspects prevails and can be fully accomplished if the workers enjoy a number of basic universal rights: the rights to a humane existence, basic education, work, a decent income.
The choice of the Congress theme was inspired by the topicality of the education and training issue throughout the world.
Our society has transformed into a "learning society". Some people call it the information society, others the knowledge society. Training and education must be an individual right. The responsibility for it comes to the authorities, and both sides of industry must demand respect for this right. Education and training have become factors of competition, but the WFBW as a trade union affirms that one must not start from only the economic aspect, but also from the human being, the worker and the woman worker. Basic and recurrent training are basic rights, the ultimate goal being a greater dignity of the workers.
The Congress elected a World Board, composed as follows: Jacky Jackers, president; Dirk van de Kamp, general secretary; Werner Rindlisbacher, treasurer; Aloysius Yon, member; Jean-Didier Afanada (general secretary of the African regional organisation), member; Marcelo Luvecce, Latin America; Bismo Sanyoto, Asia.
Ratification of Convention 182 campaign – update
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Twenty-four countries have ratified the ILO Worst Forms of Child Labour Convention (182): South Africa, Belize, Botswana, Brazil, Canada, United States, Finland, Hungary, Indonesia, Ireland, Iceland, Italy, Jordan, Malawi, Mauritius, Papua New Guinea, Qatar, United Kingdom, Rwanda, San Marino, Senegal, Seychelles, Slovakia and Tunisia. One year ago, Convention 182 was adopted unanimously by the 174 ILO member states and the workers’ and employers’ organisations during the 87th International Labour Conference of 1999.
On 1O-17 June, the World March Against Child Labour organised a worldwide week of action to celebrate the first anniversary of the adoption of ILO Convention 182. In all continents hundreds of organisations implied in the World March Against Child Labour organised press conferences and meetings with ministry officials in charge of the ratification and application of the Convention. The World March ended in June 1998 but still exists in the form of a movement against child labour. Lots of partner organisations in around one hundred countries continue to defend the initial mission of the World March.
schedule of activities
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Early in July visit to CGS-Moscow
G8 in Okinawa (Japan)
30/8 20th anniversary of Solidarnosc-
Gdansk (Poland)
One of the organisations historically supported by the WCL will celebrate its 20th anniversary on 30 August. General secretary Willy Thys will represent the WCL and all its affiliates. We can only congratulate this organisation, the first free one to emerge in Central and Eastern Europe.
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