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Experiences in ILS/Labour Law Reforms in some Asian countries
Ariel B. Castro ACTRAV Turin Workers’ Education Programme
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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
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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.
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Ratifications of ILO Governance Conventions
10 members have not ratified them: BRUNEI KIRIBATI MALDIVES MARSHALL ISLANDS MYANMAR PALAU SAMOA TIMOR LESTE TUVALU VANUATU
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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.
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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.
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Efforts by unions on ILS/LLR
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Focus on India Has not ratified C87, C98, C138, C182
Since 2009, trade unions have been campaigning for the ratification of remaining core conventions National Strikes since (150 mn workers joined in 2015) 10 Point Charter of Demands
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Focus on India (2) As a result of the general strike in September 2015
But there are again renewed moves to reform the labour laws in the country General strike is planned 02 September 2016
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Focus on other countries
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What can we conclude Unions are in the forefront of resisting «some» aspects of labour law reforms United actions of unions yield good results ‘Hard’ and ‘soft’ approaches ILO support important
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Some suggestions for unions
Campaign for the ratification and respect of the ILO Fundamental Conventions, ILO Conventions 87 and 98. Use of the ILO Supervisory Mechanisms to promote compliance in law and practice of the ILS More efficient solutions should be sought to create proper avenues for workers and employers to meet and encourage and promote social dialogue in the interest of both workers and employers
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Strengthen law enforcement bodies and labour inspectorates
Discussions with employers’ organizations in to achieve their commitment for the respect of trade union rights and bring them to take a stronger stance against anti-union practices by many employers
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Thank you a.castro@itcilo.org
Bureau for Workers’ Activities Thank you
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