ILO technical activities in India related to globalization and discrimination

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ILO technical activities in India related to
globalization and discrimination

• Promoting Social Justice through International
  Labour Standards
• High Court Justices Conference on Social Justice
• National Judicial Academy, Bhopal
• 19 April 2008
• Coen Kompier, ILO New Delhi
• ckompier_at_ilodel.org.in

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Globalization, discrimination and the rules of
the game

• Who says what?
• ILO
• Freedom of Association (Conventions Nos. 87 and
  98)
• Discrimination (Conventions Nos. 100 and 111)
• Forced Labour (Conventions Nos. 29 and 105)
• Child Labour (Conventions Nos. 138 and 182)

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Globalization, discrimination and the rules of
the game

• World Bank
• Collaboration with ILO on revision of labour laws
  since 1997
• Ad hoc recognition of core labour standards but
  no general institutional framework

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World Bank

• After concerns expressed at a meeting with
  international trade union (merged ITUC) in
  December 2006
• US Senators on 2007 publication of Doing
  Business, urging World Bank to coordinate its
  public statements regarding labor issues with the
  ILO.
• Wolfowitz conveys message that US8 billion
  worth of projects funded each year will come
  under the new requirements, which are aimed at
  ensuring workers rights.
• March 2008 meeting ILO D-G Somavia- WB Director
  Zoelick to review doing business and intensify
  collaboration trickle down of Geneva-Washington
  policies to field offices?
• ILO-World Bank clash in Nepal on approach labour
  law reform

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Asian Development Bank

• Pilot with ILO in 2000 to mainstream core
  labour standards in ADB (tested in Thailand,
  Philippines, Nepal and Bangladesh)
• Initially only looking at child labour,
  discrimination of women and standards regarding
  occupational safety and health/conditions of work
• Publication of Core Labour Standards Handbook
  in 2006

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International Finance Corporation

• Recent Good Practice Notes on international
  labour standards
• Good practice note managing retrenchment (with
  direct reference to ILO Convention No. 158 on
  termination of employment)
• Good practice note non-discrimination and
  equality of opportunity

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Example on tribal and indigenous peoples

• ILO Convention No. 169 only up to date
  international treaty on ITPs
• India ratified old ILO Convention No. 107
• - The World Bank Operational Policy 4.10
  Indigenous Peoples (2005)
• - The Asian Development Bank Indigenous
  Peoples Policy (2000)
• - The European Union Support for Indigenous
  Peoples. Working Document of the European
  Commission (1998)
• - International Finance Corporation Performance
  Standard 7 Indigenous Peoples (2006)
• But many more such as UNDP, IFAD, bilateral
  donors

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India and Freedom of Association

• Civil servants strike in Tamil Nadu in 2004
  Supreme Court ruled civil servants have no
  constitutional, legal or moral right to strike
• Trade unions under pressure and mushrooming of
  workers councils (EPZs/SEZs)
• Low degree of organization in rural areas and
  agriculture (SEWA, New Trade Union Initiative)

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India and Discrimination

• PIL concerning manual scavenging
• WOMEN WORKERS
• Vishaka sexual harassment
• Night Work (after ratification of 1990 Protocol
  amending C. 89 Night Work for Women the Factories
  Act was amended)
• PIL domestic workers (new ILO standard in 2010)

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India and Forced Labour

• Bonded Labour (Abolition) Act and difficulties on
  definition SC rulings on payment of minimum
  wages and economic exploitation
• How many workers in bondage?
• Neo-bondage in Tirupur dowry scheme
• Judge asked CITU to investigate facts

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India and Child Labour

• Legislation is not conclusive
• PIL asking for introduction general minimum age
  and ratification of ILO Convention No. 138
• Source of international criticism

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India and Employment Policy

• Contract labour, working poor, zero employment
  growth
• NREGA
• Payment of minimum wages
• Equal remuneration between men and women
• Participatory processes
• Durable assets

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Multi-Stakeholder Initiatives

• Codes of Conduct (often based on ILO standards)
• FFI case Bangalore (defamation, cybercrime and
  extradition requests)
• Level-playing field private sector and PSIs
  (discussion on reservation for dalits in private
  sector)

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