The Social Charter:
A South Asian Trade Union Perspective
By Bishnu Rimal
Secretary General, gefont
Trade union and social
charter
The concept of 'trade
union is one of the social partners' has displaced the wrong
traditional notion of 'trade union is the only vehicle to
increase wages & facility, and that is for strikes'.
Present day trade union movement has proven that it has
two-fold responsibilities. Trade Union's primary responsibility
of Professional work related to rights & interests
concerning job & employment as of public image has already
been demonstrated. However, another significant responsibility
of the trade unions-Social responsibility related
to the liberation of the oppressed segment of society is
yet to be established in the countries like ours.
GEFONT is in opinion that
new and better World on the solid ground of justice and
equality can be built on through strong national trade union
movement equipped by international solidarity. Such trade
unions are the representatives of the working masses, and
working masses are in majority in every society. If social
responsibility is wiped-out from trade union's activities,
participation of majority people in policies and programmes
of the state with the viewpoint of socio-economic development
will be bye-passed.
South Asian context
South Asia has around
10% of unionised workers. General trend of labour market
is denial of basic labour rights particularly in informal
sector. Further process of informalisation in the industrial
sector is increasing day by day.
Globalisation of capital
has resulted in a steady increase in unemployment &
a drastic deterioration in the living & working conditions
of labour. It has resulted into privatisation, closures
& retrenchments of the company and led to massive job
losses.
Sub-contracting of work
by companies to small family based, home-based units is
also increasing simultaneously with sub-contracting and
casualisation of labour. Another impact of the globalisation
is de-unionisation in work place. The result is reduction
in membership and weakening of the bargaining capacity of
the trade unions. This process has intensified exploitation
of toiling masses. The rich are becoming richer, and the
poor are the poorer.
Therefore, the central
point of trade union demand today is to put an end to the
adverse effects of the policies of globalisation. The effects
such as- massive job losses, new job creation in poorly
paid informal sectors, restructuring of enterprises to face
competition, slowdown in the industrial growth, growth mainly
in service sector and growing industrial sickness imposed
by the globalising finance capital.
It is not just an accidental
happening. We cannot come to easy conclusion that this is
because of IMF and World Bank. The two and WTO are the carriers
of globalisation and globalisation & global competition
motivates employers to adopt new strategies. Private employers
alone cannot be made responsible for this. Government as
the big employer is the first to be accused as it is escaping
from its social responsibility towards the working masses.
In the name of downsizing as right sizing of work force,
the big employer is acting disguisely on new methods like
early retirement, voluntary retirement, flexibility, mobility,
golden hand shake and so on. The pattern of employment is
changing rapidly.
By this strategy, employers
want to cut down the cost of production. They call for flexible
labour arrangements. They resort to lay off, retrenchment,
sub-contracting and casualisation - all to reduce costs.
They seek to replace or substitute the unskilled workers
with skilled, hi-tech employees. They match their HRD or
industrial relations technique also to increase labour productivity.
The essence of their HRD policy is minimising permanent
employees.
There are two different
segments in industrial workforce mainly caused by this process
of informalisation. First is skilled, technical professional,
non-unionised and confidential staff-hiring takes place
in this segment only; where loyalty is the main consideration.
Next is semi-skilled and unskilled mass of workers. The
job for this segment is only casual. There is marked scenario
by a large percentage of non-regular work forces and a small
percentage of regular work forces.
The Nepali Context
As Nepal is a least
developed country with 23 million population-50% living
below poverty line (however official statistics claim it
to be 42%). High disparity in distribution of income and
wealth exists and is ever widening with the intensifying
new economic policies of globalisation. Land is the major
form of asset and still agriculture is the major occupation
involving 80.2% of labour force. Majority of peoples around
88% live in rural areas and most of them engaged in subsistence
farm.
In total, size of labour
force is of 11 Millions and annual growth rate is 2.4%.
Of the total labour force, women cover 47% but in agriculture,
women cover 62% of the total labour. However, in formal
sector of work only 4% of the total labour force are female.
In informal sectors of
work, 87% of the total female and 67% of the total male
labour force are involved.
Unemployment is at 4.89%
but if go through head count methodology, it stands as high
as 15%. But underemployment is the most severe and is 45%
of the total human days.
Nepali labour market is
largely unfair. Working hours, leaves and benefit vary with
different business and the government services. Still there
is prevalence of bonded labour and different pattern of
forced labour.
Contract labour is a serious
issue in this regard. Gender discrimination is in rampant.
Serious violation of labour law and international labour
standard is one of the common phenomenons. All of sudden
imposing Essential Services Act aiming to ban workers strikes
in 10 different services including Hotel, Restaurant &catering
service very recently is one of the fresh examples.
Social security is almost non-existence in Nepal.
Feudal mentality of employer
treating workers not as partners but as servant is major
hurdle which needs overall attitudinal change. On the other
hand, the state machinery even after its membership in ILO
for almost Five decades is still less sensitive on labour
issues. For instance in government bureaucracy, Labour Ministry
is considered as one of the neglacted ministry. As a result,
labour administration is too weak to implement Laws regulation
in an effective manner. In addition, government machinery
is less socially responsive and does not care about developing
a sound social welfare, protection and security system.
In this context, we feel
that the conflict between labour and capital continues to
play an essential role for most workers and their unions.
However, still there are additional factors and some of
them have become more visible and relevant in recent years.
As for example, there are the wide differences between "North"
and "South", between rich and poor countries. Secondly,
the questions come across related to Gender, formal and
informal sector, economy and environment, tradition and
modernity etc.
Should we trade unionists
see the world through the old concept as being divided into
workers and capitalists? Or is it to be viewed as a regional
division of the world into a privileged "North" and an underprivileged
"South". If we go with this division, we will also divide
into the regional hemispheres. The answer is crystal-clear!
We will find the privileged as well as the underprivileged
both in the "North" and the "South". Thus the unions under
any circumstances should try to represent the underprivileged
from any corners of the world, irrespective of the place
where they work.
South Asia & Social
Charter
The 10th SAARC summit
of July 1998 has developed a Social Charter which focuses
attention in the area of poverty, ill-health, illiteracy,
malnutrition, population control, HRD, empowerment of women,
protection of children and proper mobilisation of youth
and so on. But it does not include the components related
to workers and thus it differs from European Social Charter.
European Social Charter was designed to establish common
standards concerning employment, working conditions and
social security of workers of the continent.
However, the solution
presented in the proposed South Asian social charter without
addressing directly the working class may not prove fruitful.
And hence, South Asian Social Charter among other things
that have been included, should cover at least the following:
- Establishment of basic labour rights
in all South Asian countries in conformity with the 8
ILO core conventions including conventions 102,103,107
& 141
- National need based Minimum wage and
the formulation of wage policy in each SAARC country
- Formulation of SAARC Trade Union Alliance
- Migrant Workers Rights
- Inclusion of labour charter, as one
of the activities of SAARC area of activities
- The South Asian Consultations of trade
unions, human right organisations and NGOs after the establishment
of WTO on the issue of Social Clause particularly from
1995 developed a three-fold charter:
- Human Right Charter
- Labour Charter
- Environment Charter
- A policy adopted by 17th
Congress of icftu-Globalising social justice trade unionism
in the 21st century has put-forth 6-fold programme.
The programmes can be listed out as following:
Spreading & Deepenning
Democracy in the era of Globalisation (including policy
of considering democracy as the yardstick for good governance,
findout common principle in a diverse world and making worker's
views heard from the workplace to international plateforms)
Jobs & Justice
in the Global Economy (recognising safety net of social
protection as a basic state responsibility, inclusion of
core labour standards in world trade system to achieve genuine
development and inclusion of employment & environment
on sustainable development agenda)
Human Rights and world
of work (recognising democracy as foundation of global
economy, opposing no-union policies in epzs, elimination
of child labour & recognising unity and democracy as
source of union strength)
Ending Discrimination
at the Workplace (recognising rampant discrimination
in workplace, necessity of gender aware union & recognising
women as vital force for change in unions and inclusion
of insecurity-racism & 3-d jobs as union agenda)
Organising International
Solidarity (engaging with mncs to develop diologue &
agreements, linking workers in the global production chain,
organising informal sector to include excluded voice and
building respect for workers in a changing world) and
Trade Unions in 21st
century (campaigning for social justice in globalised
world and drive reform with clear vision of value of international
union work)
The ICFTU-APRO has designed
Social Charter for democratic development for Asia pacific
countries which emphasises on minimum basic standards &
best practice standards, human & trade union rights
and social policies. The apro's Five essential areas of
minimum are-
- essential social security schemes
- essential clause in cba, which includes
unions & agency shop, check-off, compulsory consultation
for redundancies and joint consultative system
- essential provisions in labour legislation
- essential area in social development,
which includes compulsory education, eradication of child
labour and universal health care
- essential conventions on International
Labour Standards
The ICFTU-APRO social
charter is concerned with how union should work together
to promote the recognition and respect for the fundamental
rights of workers. Thus it has tried to dig-out practical
measure for justice at the workplace in the context of global
market economy. Simultaneously the charter has developed
a guideline for social dialogue, which covers a numbers
of issues like employment, wages & working condition,
vocational training & retraining, industrial relations,
OSH & environment, women workers, MNCs & EPZs, migrant
workers, social security and so on.
The Conclusion
In this age of globalisation,
while discussing the social charter, the issues of social
protection and social security comes as the core agenda
for trade unions both in the developed and underdeveloped
world.The major components of social security system such
as Old age benefits, Unemployment benefits, Compensation
of workplace injuries, Medicare, Sickness benefits, Maternity
protection, Invalidity and Family as well as survivors benefits,
should not be curtailed, but should be expanded to cover
the workers of informal & self-employed areas of work.
It may be phase-wise in implementation, based on the stage
of socio-economic development of the country in question.
Thus, in this context,
GEFONT views that the union activities and priorities in
Nepal should be as follows:
- Extension of the legal framework favourable
to the working masses. Formulation, revision & amendment
of labour laws, effective implementation of laws &
regulation
- Maximum job security, currently under
threat from new economic policies, which encourage informalisation
and casualisation
- Unionising formal & informal sectors
- Widening the coverage and enforcement
of minimum wages
- Promoting a sound wage structure
- Ensuring fair working conditions
- Minimising particularly unfair labour
practices effecting women, child and bonded labour
- Increasing workers' education programmes
- Promoting the establishment and extension
of a dependable social security system, compatible with
the Nepali economy
Regional blocks in various
levels have been developed everywhere. But we South Asian,
in spite of our commonalties are far behind in this connection.
Trade Union Network is also one-sided. Neither ICFTU based
SAARTUC is functioning well, nor the WFTU SAARC Council
of Trade Unions. WCL exercise in this regard is naturally
unproductive. In contrary, effective independent trade union
centres are also in the scene, but are outside these networks.
Recognising all efforts made by either side, it is necessary
to form a broad alliance of all South Asian Trade Unions.
Focal points of the Alliance will be the following:
- It will raise issues emerged as the
adverse impacts of globalisation based on practical level
and not just the theoretical grounds.
- It will try to develop commonality
of responses against anti worker moves & activities
of MNCs, Big Houses and their joint ventures.
- It will try to develop issue based-action
based unity among the existing numerous diversities in
South Asian Trade Unions.
- It will develop a sound system of networking
among South Asian Trade Unions.
- It will take up the issue of Social
Charter for South Asian Countries and will go on lobbying
in Sub Regional level.
- It will try to implement officially
guranteed minimum wage to alll wage earners irrespective
of their Nationalities in order to regularise sub-regional
labour migration and protect migrant workers right.
- It will try to build a strong social
movement in co-operation with other wings of social movement
as peasant movement, women movement, Dalit movement
and other forms of human right movement.
In view of the poverty
and problems of south Asia, the social charter should be
focused towards informal sector and establishments of a
sound system of social security network covering all workers
in formal, informal and self-employed works.
Reference Cited:
- cec, India : Campaign
Dossier India 1996
- gefont : Policy Documnet 2000
- gefont/fes : Proceedings
of High Level Panel duscussion 1999
- icftu, hq : Globalising
social Justice: Trade Uionism in the 21st century 2000
- icftu-apro : Social
Charter for Democratic Development 1994
- Internet Sources : Central
& Eastern Eureopean Countries in the EU:
- Labour Market Impacts of Enlargement? 2001
- Internet Sources :
Draft Charter of Fundamental Rights of the Eureopean Union 2001
- Internet Sources : TUC: Europen
Charter of Fundamental Rights 2001
- marga, Sri Lanka : The SAARC
social charter-Perspective and Issues 1999
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