United Nations instruments

The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. As of October 2021, there are 45 thematic and 13 country mandates, including:

Individuals have increasingly acquired the means to vindicate their rights at the international level. Since the early 1970s, international complaint mechanisms have developed apace, and complainants can now bring claims to the United Nations concerning violations of their rights contained in the nine so-called ‘core’ human rights treaties.

The nine treaties concern:

(i) civil and political rights;

(ii) torture and cruel, inhuman or degrading treatment or punishment;

(iii) racial discrimination;

(iv) gender discrimination;

(v) rights of persons with disabilities;

(vi) protection of all persons from enforced disappearance;

(vii) rights of migrant workers and members of their families;

(viii) economic, social and cultural rights;

(ix) rights of the child.

The complaint mechanisms are designed to be accessible to the layperson. It is not necessary to be a lawyer or even familiar with legal and technical terms to bring a complaint under the treaties concerned.

The UN Guiding Principles on Business and Human rights make clear that global companies are responsible for conditions in its supply chain, regardless of where the work is preformed and what the employment relationship is.

Negotiations for a binding UN treaty started in 2014. Global unions are pushing for a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

The International Accord for Health and Safety in the Textile and Garment Industry

The Bangladesh Accord between UNI and IndustriALL Global Unions and global garment brands was created in 2013. Created out of the rubble of the Rana Plaza collapse, killing more than 1,100 garment workers, the International Accord for Health and Safety in the Textile and Garment Industry promotes safe workplaces through independent safety inspections, training programs, and a complaints mechanism to safeguard workers against occupational health and safety risks.

The legally binding agreement has transformed factory safety in Bangladesh’s garment industry, given workers the right to refuse unsafe work, saved lives, supported freedom of association and increased collective bargaining.

In September 2021, the Bangladesh Accord was expanded into an International Accord. The new agreement transferred the inspection functions in Bangladesh to the tri-partite Ready Made Garments Sustainability Council, (RSC), which includes brands, unions and factory-owners.

The International Accord focuses on health and safety in the sector. The terms of the International Accord make it legally binding because it is enforceable in the signatories’ home country.

The Accord contains an independent arbitration mechanism, which can only be used if a company agrees to use it for arbitration.

In December 2022, the Accord expanded its programme to Pakistan.

Labour standards at multilateral development banks

The ITUC has published a manual on how to use binding labour safeguards at multilateral development banks to demand the respect of labour rights. This includes a method of notifying institutions when a company that receives a loan is in breach of fundamental rights.

The manual provides information on how the banks operate, the contents of the labour safeguards, tracking proposed and ongoing loan projects, engaging with the banks and how to raise complaints when workers’ rights are violated. A quick guide provides the essential information to take action, followed by thorough information on successful use of the safeguards.

Trade unions have used the safeguards to improve working conditions, organise and collectively bargain. When disputes arise, unions can find out if a development bank is connected to the worksite and use the safeguards. In other cases, unions can monitor proposed loans and ensure that labour rights are upheld by the bank and borrower from the start.

Although the safeguards are binding, violations by borrowers and subcontractors remain too common. Trade unions continue to demand that the multilateral development banks conduct adequate due diligence and monitoring to ensure respect for the safeguards. Some of the problems in implementation arise from gaps in the labour safeguards, such as restrictive language on national law and the freedom of association.

The guide provides trade unions with the information to press for better safeguards when the banks conduct periodic policy reviews.

Photo: ©Ahmad Al-Basha/Gabreez/ILO

Attack on trade union rights in Sri Lanka

Commercial and Industrial Workers Union- United Federation of Labour (CIWU-UFL), Ceylon Mercantile Industrial and General Workers’ Union (CMU) and Free Trade Zones and General Services Employees Union (FTZ&GSEU), all affiliated to IndustriALL, are among the four unions excluded from the NLAC.

This comes at a time when the Sri Lankan government is proposing to reform the country’s existing labour laws. Unions claim that is an attempt to side line independent unions, especially in the private sector. Excluding representation in the NLAC of workers from the free trade zones and export manufacturing sectors will allow employers to more easily negotiate for labour law reforms to their advantage.

NLAC is a tripartite mechanism to discuss labour-related matters. Since the beginning of the economic and political turmoil in Sri Lanka, unions have demanded that the government convene NLAC meetings to discuss the situation of working people, but the administration has shown no interest to engage with unions. Instead, the government has proposed investor-friendly labour law reforms which unions claim will have an adverse impact on working people of the country.

Media reports highlight that Sri Lankan government has stated that the reconstitution of the NLAC is based on the membership strength of the trade unions.

Anton Marcus, FTZ&GSEU joint secretary, says:

“This is a violation of ILO fundamental conventions. Our union has submitted a complaint to the Human Rights Commission requesting it to intervene in the government’s arbitrary and indiscriminate selection of representatives in the NLAC reconstitution process. Trade unions will also submit a joint letter to the ILO in this regard.”

CMU has been a member of NLAC since 1994, UFL since 1995 and FTZ&GSEU since 2009.

Atle Høie, IndustriALL general secretary, says:

“IndustriALL condemns the action of the Sri Lankan government that violates the fundamental rights of workers in the private sector to be represented at the NLAC. We call on the Sri Lankan government to include the excluded unions including our affiliates in the NLAC.”

How to seek remedy through international mechanisms

The ILO publication Promoting the strategic use of International Instruments for trade unions’ action provides valuable information on different international instruments to strengthen social dialogue, collective bargaining, and responsible business conduct.

Says IndustriALL general secretary Atle Høie:

“These tools exist and although the use of international tools can be a slow process, the fact of initiating a complaint is a form of pressure that can be leveraged at national level. We recommend you to take a closer look to see if they can be of use to your union.”

There is a growing body of legislation governing global supply chains and protecting workers in vulnerable situations. One recent example is the German supply chain legislation, where from 1 January 2023, workers and their advocates will be able to sue German companies in German courts for environmental and human rights breaches, including breaches of workers’ rights.

“We need mandatory due diligence legislation that includes access to legal redress. It’s collective action – the hallmark and the power of the international labour movement- that has given us the ability and the tools to fight to transform the global supply chain. We will continue our mandate to make sure the lives of our members in the sector improve through advancing workers’ rights, building union power, confronting global capital and ensuring sustainable industrial policy,”

says Atle Høie.

International instruments for trade unions

Global framework agreements  OECD Guidelines for Multinational Enterprises
ILOInternational Accord
United NationsLabour standards at multilateral development banks

Global unions urge governments and employers to help put an end to human and trade union rights violations in Belarus

Repression of free trade unions in Belarus over the past decades culminated in 2022 with the dissolution of the Belarusian Congress of Democratic Trade Unions (BKDP) and its affiliates and arrests and detention of more than 40 trade union leaders and activists, including BKDP President Yarashuk and Vice-President Antusevich.

In view of this escalation of repression of free trade unionism, and the persistent failure of the Belarus regime to implement the findings of the 2004 ILO Commission of Inquiry, the forthcoming International Labour Conference (ILC) must agree to take action under Article 33 of the ILO Constitution, to pressure the Government to release trade union leaders and activists, reinstate the unions and demonstrate real commitment to implementation of the recommendations of the Commission of Inquiry.

The measures recommended by the Governing Body are outlined in a draft resolution (Appendix VI of the Office document) and we urge trade unions around the world to press their governments and employers’ organisations to vote with the worker representatives at the ILC in support of a comprehensive set of measure involving the ILO bodies, Member States and international organizations, including the United Nations.
 
For more than 20 years, government interference in trade union activities and elections, forced dissolution of unions and detention of trade union leaders, dismissals and blacklisting has been condemned by ILO bodies. The 2004 ILO Commission of Inquiry concluded that the Belarus trade union movement had been the subject of significant interference on the part of Government authorities and issued recommendations to the Government of Belarus.

But the Government of Belarus continued its systematic suppression of the independent trade union movement in the country. The Belarusian authorities refer to independent unions as 'extremists' and ‘terrorists’ and engage in defamation campaigns with the clear and explicit message that anyone who is in any way associated with the BKDP and its affiliates risks persecution. Many leaders and activists have had to leave the country.

The Global Unions urge workers’ delegates, employers and governments to support the adoption of the resolution by the Conference to secure compliance, at last, by the Government of Belarus with the recommendations of the Commission of Inquiry, and to put an end to the flagrant violations of human rights and trade union rights in the country.

Trade unionism is not extremism! Trade unionism is not a crime! Freedom to the trade unionists of Belarus!

This is Global Unions joint statement signed by:

Unions demand sincere dialogue with Glencore ahead of AGM

Over the last ten years, Glencore has collected a long list of atrocities, including corruption, workers’ rights violations, harm to indigenous communities, undermining just transition and silencing critics.  

Today’s pre-AGM, aimed at the investor community, heard accounts of how Glencore operates on the ground. 

IndustriALL mining director Glen Mpufane, said:

“Glencore paints a beautiful self-portrait, speaking of how they source responsibly, operates ethically and contributes to local development, of how they support global decarbonization engaging their stakeholders and creating value for their investors. This is pure spin and greenwashing, because today you will experience something completely different. What Glencore says and does is real fact versus fiction.”

Juan Carlos Solano from IndustriALL Colombian affiliate SINTRACARBON described poor working conditions at Cerrejon mine.

“Workers suffer harassment and are becoming ill. There are salary inequalities, and it is disgusting how they manage interns. We ask Glencore to respect us and engage with us but they only care about profits.”

Hilda Arrieta representing the Women’s Network of El Paso, in Colombia, expressed how Glencore has turned her community into a ghost town. 

“They closed the Prodeco coal mine in 2021 without a proper social plan in place. We are the mothers of children who have turned to drugs and prostitution because there are no opportunities for them. We cannot just sit back and watch this happening to our children and our community.”

The meeting heard how Glencore denies contract workers the freedom to join unions, collective bargaining and health and safety rights.

Itumeleng Motsusi from the National Union of Mineworkers (NUM), an IndustriALL affiliate, in South Africa, said

“Glencore arbitrarily imposes shift roster changes and threatens retrenchments when the union questions them about it.”

Stakeholders at today’s meeting asked for a sincere dialogue with the company. 

“We need a frequent dialogue with the highest level of management at Glencore. Glencore needs to respect all stakeholders and not just the shareholders. Their damaging ways of operating affect our workers, our environment, and our communities,” 

said Dominic Lemieux, co-chair of the mining and DGOJP sector.

“Glencore’s investors are increasingly listening to voices other than that of the company, and they’re becoming aware that there’s a big gap between corporate rhetoric and the reality on the ground. In the pre-AGM today, shareholders had an important opportunity to hear about how Glencore’s operations have caused lasting harm to the lives of people in multiple countries. Hearing such direct testimony will help investors in their crucial work of holding Glencore accountable for its impacts,”

said Liz Umlas, senior adviser on capital strategies, IndustriALL.

Union and community representatives will attend tomorrow’s AGM and voice their issues and fight for a seat at the table.

Planning for a just transition in MENA

The situation varies across the regions, but everyone needs to be prepared for the changing trends and what they will mean for workers. What will happen to the oil and gas industry in Iraq when there is less demand for fossil fuels? How will new production schemes with increased use of robots in auto factories affect workers?
 
Presenting on a just transition for Morocco, energy governance specialist Diana Kassy, told participants that the country has pledged to upgrade its efficient energy system by channelling 52 per cent of its energy consumption from renewable sources (20 per cent using solar energy, 20 per cent wind and 12 per cent hydro).

"Iraq still relies on fossil fuels and has no plans to move to renewable energy. The priorities are job creation, improving jobs, stopping child labour, ensuring transition, improving the private sector,"

said Maha Katta, coordinator for the International Labour Organization in Iraq.

“A just transition in Iraq's energy sector is a tripartite problem. Unions must take large part of the work as it affects our members. We need an action plan and we need to increase awareness,"

said Hashmeya Alsaadawi, vice president of General Trade Union of Electricity Sector Employees of Iraq – GTUESE and IndustriALL vice president.

Unions in Algeria's energy industry are shut out from the work to implement an effective energy transition in the country.
 
The situation for unions in Lebanon differs from other countries due to the pressing economic and political situation.

"More people are using solar panels as the energy supply is not sufficient, but the government doesn't have an energy strategy,"

said Waleed Oliek, president of Federation of Petroleum trade unions in Lebanon.

"We need economic and union reforms to meet the transition."

Although conditions differ in the countries in the region, a common denominator is a lack of respect for workers’ rights and a tendency to not engage in social dialogue and invite unions to the table. And yet workers are at the centre as they create the value and suffer the impact of the crises; workers are the means and the end to a just transition.

“We are at the center of the changes in the various sectors – no choice for us but to take our responsibility of ensuring that our voice is heard and interests are considered,”

said Habib Hazami, general secretary of Tunisia  Fédération Générale du Textile, de l'Habillement, Chaussure et Cuir – FGTHCC-UGTT and  IndustriALL Global co-chair of the textile and garment sector.

As national action plans for a just transition were discussed, participants agreed that despite the challenges ahead, it should never be a choice between the environment and employment. We can do both – we can protect the environment and we can protect our jobs. Participants stressed that unions cannot do this on their own – governments and multinational companies have to be involved.
 
Mark Hagen from the ITUC Just Transition Center described the climate impact in the region on the workers and the five pillars of a just transition; skills/reskilling; workers; strategic planning investment; social security systems; human and workers’ rights.

“Only a planned transition is a just transition. With plans – company, industry and regional – on what steps to take, we can create the future we want,”

said Mark Hagen.
 
Last year, IndustriALL published a trade union guide of practice for a just transition. Diana Junquera-Curiel, IndustriALL director of energy industry and just transition, invited participants to create roadmaps for the future:

"The transition is happening, and you need to be prepared. The work ahead is difficult, but as our discussions here show, we need to take the necessary steps to plan for our future. For our future jobs and livelihoods.”

“A transition changing the world of work is underway and it is important that we, the unions, engage in order to create the responses we need. IndustriALL is proud of commitment shown in learning and strategizing on the Just Transition process,”

said IndustriALL assistant general secretry Kemal Özkan.
 
The conference issued a statement calling for a Just Transition, decided to establish a regional union Just Transition committee, an online forum on Just Transition, and adopted an action plan. The action plan focuses on training and awareness raising, engaging with government and business, organizing in renewable energies, coordinate with civil society on transition issues, and addressing the transition consequences on gender and youth.
 
Ahmed Kamel, IndustriALL MENA regional secretary said:

“The affiliates presented examples of their engagement and negotiation on transition at different levels in the region. This is an inspiring debate that shows both the knowledge and commitment of our affiliates on the various aspects of Just Transition.”

Uneasiness over Glencore’s takeover bid of Teck Resources

“Glencore’s swashbuckling behaviour does not inspire confidence that Teck Resources hostile takeover bid will result in better working conditions for workers, improved relationships with communities and Indigenous people, and adherence to environmental, social and governance issues.

With Glencore’s doubling down on coal commitments, the future looks bleak in the absence of a well-articulated Just Transition pathway when transitioning away from coal,”

says Glen Mpufane, IndustriALL mining director.

Unlike Glencore, Teck Resources has a reputable sustainability plan aimed at reducing carbon emissions by ten per cent and is investing in renewable energy that includes solar and wind. The company is reducing its environmental impact and works with communities around its mining operations to protect water quality.

United Steelworkers, affiliated to IndustriALL, has come out in support of Teck’s intention to split the company, allowing for a more focussed approach to managing the company without the distraction of its coal portfolio.

Scott Lunny, District 3 Director says Glencore’s bid is “probably causing a little bit more stir” among the workers because “you are talking about the unknown; maybe a new company with a different focus and issues.”

Stakeholders that include IndustriALL, non-governmental organizations and civil society organizations, will impress upon Glencore shareholders at the company’s AGM in Bern, Switzerland, on 26 May to respect workers’ rights by taking a less abusive approach to industrial relations and to engage in meaningful dialogue with unions at global level.

Glencore short-changing mine workers in the DRC

The pay gaps were exposed when Mutanda Mining was mothballed in November 2019 when Glencore cited low cobalt prices and increased cost of production.

More than 500 workers were transferred to KCC and signed new contracts which moved them up to higher job categories in which they received higher wages, US$50 for child school fees per month, payment of holiday allowances and other benefits.

However, when Mumi was reopened in 2022, most of the workers transferred back to the mine lost the benefits they enjoyed at KCC.

The workers who remained at Mumi during the closure mainly from the cobalt section, maintenance department, and security section, did not get any bonuses as per the labour laws. TUMEC wants workers who remained at work during the limited operations that took place at Mumi that involve recirculation to decrease uranium radiation must be paid bonuses and refuses to pay risk insurance for workers in the radiation sections.

The union says MUMI continues to ignore the collective bargaining agreement, and is non-compliant with labour laws on overtime, holiday pay, and wage calculations.

An in-depth 2021 report by RAID and CAJJ found that Glencore and other multinational mining companies operating in the DRC often use subcontractors to reduce labour costs, to limit their legal liabilities and to prevent workers from joining unions. Further, management intimidates outspoken workers.

There are concerns over inadequate personal protective equipment, and health and safety standards that are continuously ignored by Glencore. The workers say the maize flour that they are given by the mine as per long standing agreement with management is of poor quality.

“Since a new manager came, the maize flour that we are now getting from the mine is junk when compared to what we are accustomed to,” said some of the workers.

“The hands-off management style, with local managers encouraged to make operational decisions without reference to a global standard, is an attempt by Glencore to shield itself from criticism. But this means the company has no control over negative externalities. Rather than addressing these issues, Glencore hides behind the obscurity of long and complex supply chains and attempts to change the narrative by doing damage control after violations are exposed. And it is the people in and around the company’s operations that pay the price,”

says Glen Mpufane, IndustriALL mining director.