A Global Unions Anticorruption Network

1
 A Global Unions Anti-corruption Network

• Labour Management Meeting
• Implementing the OECD Anti-bribery Convention
• The Role of Trade Unions
• INTRODUCTION
• Monday, 23rd January 2006

2
Supporting the law role of TUs

• Convention on Combating Bribery of Foreign
  Public Officials in International Business
  Transactions
• (the OECD Anti-bribery Convention)

3
Supporting the law role of TUs

• Legally binding instrument
• Countries make it a criminal offence to bribe a
  foreign public official

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Corruption relevance

• The international business community joins with
  representatives of trade unions around the world
  in urging OECD governments to ratify and
  implement the Convention on Combating Bribery of
  Foreign Public Officials in International
  Business Transactions.
• Corrupt practices result in substantial economic
  and social costs for companies, their employees,
  consumers and for countries in which illicit
  payments and extortion are frequently
  encountered.
• Labour and business groups agree that the OECD
  Convention must be brought into force quickly in
  a manner which does not preserve or create
  distortions in international competition, and
  which provides effective mechanisms for
  monitoring implementation by governments of
  actions taken against all aspects of corruption.
• ICFTU TUAC ETUC (ICC, BIAC and UNICE)

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Corruption relevance

• Decision-making private not public interest
• misallocates resources
• undermines democracy
• impedes development

6
Corruption relevance

• Link to freedom of association/trade union rights
  
• Public sector integrity
• Protection of whistle blowers those who disclose
  information in the public interest

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Trade unions relevance

• Representative
• Globally-connected
• Financially independent (of govt and companies)

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Trade unions relevance

• Unique Dual Role
• representatives of workers private/public
  sectors
• (mass) members of civil society
• Synergies
• Supporting OECD Anti-bribery Convention
• trade unions core activities as negotiators with
  companies on behalf of workers and as campaigners
  for democracy, social reform and corporate
  accountability.

9
Supporting the law role of TUs

• Area of Engagement
• Formal (Phase 2 reviews, consultations)
• Informal
• 4 Types of Activity
• Awareness-raising Deterring Detection
  (Improving)
• Vary Between Unions According to
• Country Sector Level

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 A Global Unions Anti-corruption Network

• Labour Management Meeting
• Implementing the OECD Anti-bribery Convention
• The Role of Trade Unions
• PHASE 2 REVIEWS
• Monday, 23rd January 2006

11
Phase 2 consultation structure

• Overall Process (role of UNICORN)
• UK Review
• Observations
• Participation
• Range of Issues
• Recommendations

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Phase 2 consultation process

• Checks and Balances
• Perhaps the most crucial factor in the success
  of any reporting (monitoring) procedure is the
  extent to which the supervisory body has access
  to information other than that provided by the
  State concerned
• M.Craven The International Covenant on Economic
  and Social Cultural Rights A Perspective on
  Development, 1995

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Phase 2 consultation process

• OECD contacts TUAC
• TUAC contacts affiliates and UNICORN
• UNICORN briefings/undertakes research for
  affiliates
• UNICORN contacts OECD
• UNICORN consults civil society

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Phase 2 consultation UK

• Pre-review briefing meeting
• Attended by
• TI-UK, Corner House, Trades Union Congress,
  UNICORN, Global Witness, Amnesty International,
  War on Want, Christian Aid, Campaign Against Arms
  Trade, OECD Watch, Public Concern at Work

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Phase 2 consultation UK

• Briefing Note (13 issues)
• Presentations
• UNICORN, Corner House, TI-UK
• Discussion
• Issues, participants, involvement of the south

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Phase 2 consultation UK

• Outcomes
• Wider/increased representation at the Review
• Written submission from the South
• Corner House submitted evidence ANNEJ on
  Halliburton/KBR bribery allegations in Bonny
  Island, Nigeria
• Beginnings of a coalition development NGOs
  whistleblower support trade unions
  anti-corruption NGOs
• (formal engagement - informal engagement north
  and south)

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Phase 2 consultation UK

• Factors of Success
• Active civil society
• Sufficient existing knowledge base of the process
• Cooperative (even helpful) government
• Existing coalitions (around OECD Guidelines)
• Development Policy Hooks Commission for
  Africa/G8/EU Presidency
• Factors of Constraint
• Time 3 weeks warning at peak holiday time
• Resources onerous
• Identification of common ground/demands

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Phase 2 consultationstrengths

• consulted on review issues/representatives
• access to questionnaire (discretion of
  government)
• invited to give oral evidence at on-site meeting
  
• able to submit written evidence
• participation of south/transitional states
  possible
• reports made public (OECD web site)

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Phase 2 consultation weaknesses

• process, opaque
• short period of notice (past problem)
• attendance at the review research capability
  involvement of the south/transitional states
• government discretion over questionnaires
• limited access to designated meetings
• No come-back after the report is adopted
• no formal structure beyond 2007

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Phase 2 consultation observations

• Participation
• TUAC is not always informed
• Spring-board for future activities
• Range of Issues (see handout)
• Narrow
• Barometer
• Recommendations
• No mention of trade unions (only the UK)