Editorial: towards universal ratification for freedom of association rights?

Abstract

2 | International Union Rights | 26/3 EDITORIAL Editorial: towards universal ratification for freedom of association rights? Continuing the thematic focus of IUR 26(2) on the ILO in its Centenary year, this edition looks in particular at the state of what ICTUR regards as the ILO’s most fundamental instruments, the Conventions on Freedom of Association (No. 87) and Collective Bargaining (No. 98). These particular instruments are so crucial from a trade union rights perspective because they provide the fundamental protection in international law for trade unions to exist, to function, and to carry out their activities. To give a very basic sense of these instruments, Convention No. 87 is concerned with the existence of unions, their founding, and free functioning. It protects their right to take action, and the civil liberties of trade unionists. Convention No. 98 outlines an obligation to promote collective bargaining, and it requires that trade unionists have protection against acts of interference. The two instruments together provide the foundations for trade unions to operate. As such they are critical, even within the framework of the ILO’s ‘fundamental’ or ‘core’ labour standards. Conventions Nos. 87 and 98 are understood as ‘enabling’ rights (see ILO 2019 Declaration, Chapter II, A (vi)). The idea behind this is that where collective organisation and action are protected this provides an effective basis from which workers can agitate for, and hopefully win, respect for other rights. Most countries have ratified both of them. What is problematic is that a core group of countries are still holding out against ratification of either instrument. And it is extraordinary that prominent among these are a very significant section of the founder members of the ILO: China, Brazil, India, Iran, and New Zealand. The US was not a founding member, but it has also not ratified either convention. Of the ILO founders group, Nick Henry recalls that New Zealanders played a key role in drafting Convention No. 87, but the government of 1948 ‘chose to ignore the advice of their own delegation’. Varied strands of authoritarianism have been similarly hesitant to embace freedom of association, but some are changing. Anita Chan reports on the disparity between the situation in Vietnam, which has just ratified Convention No. 98 (and is tabled to ratify Convention No. 87 ‘by 2023’) and in China, the two countries, Chan tells us, are ‘on different trajectories’: ‘Vietnam is opening up politically while China is becoming increasingly suppressive’. Growing political authoritarianism is also the subject of our report from Brazil, where Ericson Crivelli describes further threats to trade union rights. While Jamshid Ahmadi told a recent ICTUR meeting that ratification remains just ‘a dream’ for Iranian workers,. Ratification by India is still discussed in committees, reports Sindhu Menon, but the unions have little faith in that process, which one union leader describes as ‘eye-wash’ and ‘farce’. But there are also success stories. Canada, Mexico, and Vietnam all recently ratified Convention No. 98, and we await news from South Korea, where Mikyung Ryu reports on the problems that have stalled ratification, but which is still expected, and may be imminent. And David Bacon outlines an optimistic assessement of the potential for labour reform under new laws passed in Mexico, following that country’s ratification of Convention 98 in 2018. The new government, is ‘undoing 36 years of neoliberal economic reforms’. Finally, Sudan remains one of the few key countries in Africa not to have ratified Convention No. 87. We hear from three Sudanese colleagues and gain their insight into the unfolding revolution. Daniel Blackburn, Editor Next issue of IUR Articles between 850 and 1800 words should be sent by email (mail@ictur.org) and accompanied by a photograph and short biographical note of the author. Please send by 15 November 2019 if they are to be considered for publication in the next issue of IUR. Subscribe to IUR / Affiliate to ICTUR Subscriptions: Print only £25 (individual rate), Print and electronic £75 (individual or institutional), Electronic only £55 (individual or institutional). Affiliations: (includes print and electronic access, and more, see www.ictur.org) Individual £50, Branch / local union £75 (includes 3 subscriptions), National (contact ICTUR for details). Name/Organisation Address Email Payment...