ILS/CLS in Asia-Pacific: Key Issues Ariel B. Castro Senior Programme Officer (Asia-Pacific) ACTRAV Workers’ Education Programme, ITCILO ACTRAV Bureau for Workers’ Activities

Asia and Pacific Shown resilience in the light of global uncertainty and in the 2008 global financial crisis, high growth rates of India and China. HOWEVER, 1 in 10 workers (~192 million) still live in extreme poverty on less than $1.90 per day 1 billion are in vulnerable employment 78 million child workers aged 5 to 17 years

Ratification and application recently influenced by 1998 Fundamental Principles and Rights At Work Declaration 2008 Social Justice Declaration At 2008 ILC, ILO Director-General proposed universal ratification of all fundamental ILO Conventions by 2015 unanimously supported New member states

ILO Conventions Core/Priority ILO Conventions (C87 and C98, C100 and C111, C29 and C105 and C138 and C182) Labour market governance conventions (Labour Inspection,C81, Labour Inspection (Agriculture) Convention C129, Employment Policy C122, Tripartite Consultation C144) Technical conventions (all other international labour conventions)

In Asia-Pacific GOAL: Universal Ratification by 2015 (??) 139 (out of 187) member States have achieved this target - 14 countries in A/P 20 countries that have ratified less than 6 CLS, 14 are in A/P. 62% of missing ratifications from A/P

Ratifications of ILO Fundamental Conventions Country Freedom of association Forced labour Discrimination Child labour C087 C098 C029 C105 C100 C111 C138 C182 Total: 185 152 163 177 174 171 172 166 178 Africa (54) 48 53 54 52 Americas (35) 33 32 34 35 30 Arab States (11) 3 6 11 7 10 Asia (34) 18 21 27 23 28 24 Europe (51) 50 51 The Asia and Pacific region is similar in number with the Americas, and still Asia has an average of 50% less ratifications than the Americas

Ratifications of ILO Governance Conventions The Asia and Pacific Region is similar in number with the Americas, and still Asia has much less ratifications that the Americas.

Ratifications of ILO Governance Conventions 10 members have not ratified them: BRUNEI KIRIBATI MALDIVES MARSHALL ISLANDS MYANMAR PALAU SAMOA TIMOR LESTE TUVALU VANUATU

Freedom of Association and Collective Bargaining Under Social Justice Declaration (2008), FOA and CB singled out as “particularly important to enable the attainment of ILO’s four strategic [decent work] objectives” Least widely ratified in Asia Pacific and little progress recorded since 2006. Samoa (2008), Timor Leste (2009), Solomon Islands (2012), Maldives (2013). Less than half of the 46 economies have ratified C 87. 13 countries have yet to ratify C 98. Trade union campaigns and consultations now taking place in India, Malaysia, Nepal, Thailand and Vietnam.

Freedom of Association and Collective Bargaining – Other Issues ILC drew attention to issues of application in 8 countries that have ratified C87/C98 (Bangladesh, Cambodia, Indonesia, India, Korea, Malaysia, Sri Lanka, New Zealand and Philippines) Missions in Bangladesh, Cambodia and Philippines (impartial investigation of murders of trade unionists) Complaints of trade union violations examined by CFA.

Other Core Labour Standards Forced Labour Conventions Approaching universal ratification But missing 21 ratifications are in A/P Discrimination at Work Half of ASEAN are still to ratify Some developed economies appear to be reluctant to accept obligations. Child Labour A/P has counted no fewer than 44 ratifications of C138 or C182 since the adoption of 1998 Declaration All ASEAN member states have ratified, except Brunei Darussalam With the exception of new member States and Cook Islands, India is the only country that have not ratified and only country in South Asia.

In Asia Pacific, Most ratifications in the last 10 years fall in the categories fundamental, governance, OSH, MLC and seafarers Completely absent from ratifications in the last 25 years include: Wage policy (C95 and C173, C131) Social security Migrant workers Gender supportive standards

Ratification in A/P can not be generalized Influenced by external factors Perceived expectations from international trading community (TPP, etc.) Ratification activity (inactivity) by the United States Sub region ratification (ASEAN, South Pacific, etc.)

Promotion of ratification can focus on: New member States (Palau) 87/98 (India, Nepal, Thailand, Vietnam and Malaysia) – ACTRAV campaign Conventions 29/105 Submitting Art 19 reports of members

Ratification could be achieved by reinforcing in Countries receiving ILO support for Labour Law reforms Thailand, Brunei, Cambodia and Timor Leste (C144) Mongolia, Nepal, Philippines, Bangladesh, Indonesia and Vietnam (C81) C129 Sustainable Development Goals (SDGs)

UN Sustainable Development Goals (SDGs) 17 Goals 169 Targets ~230 Indicators 15 years (until 2030)

Indicators where the ILO is custodian agency Target Indicator 8.7 Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms 8.7.1 Proportion and number of children aged 5‑17 years engaged in child labour, by sex and age (Tier I, ILO with UNICEF) 8.8 Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment 8.8.1 Frequency rates of fatal and non-fatal occupational injuries, by sex and migrant status (Tier I) 8.8.2 Increase in national compliance of labour rights (freedom of association and collective bargaining) based on International Labour Organization (ILO) textual sources and national legislation, by sex and migrant status (Tier I) ILO Department of Statistics

Focus on Application Labour Law Reforms Decent Work Country Programmes SDGs and the Future of Work Based on ILC CAS Conclusions (Bangladesh, Indonesia, Malaysia, Philippines, Cambodia) TU Reports Regular discharge of constitutional reporting obligations Reporting on ratified conventions Article 19 reporting and submission

Thank you for your attention a.castro@itcilo.org ACTRAV Bureau for Workers’ Activities