| GB.267/ESP/3/1
267th Session November 1996 |
| Committee on Employment and Social Policy | ESP |
THIRD ITEM ON THE AGENDA
Effect to be given to resolutions adopted by the
Conference at its 83rd Session (June 1996)
(a) Resolution (and conclusions) concerning tripartite
consultation at the national level on economic and social policy(1)
1. The conclusions contain important guidelines for the ILO's general policy as regards tripartite cooperation, which recent economic, technical and social development has on occasion rendered somewhat difficult -- to the point where its very principle has been called into question. One of these guidelines is found in paragraphs 4, 6 and 11(b) and (c) of the conclusions, which makes it quite clear that, contrary to the claims of some, tripartite consultation today still has an essential role to play in the various countries. Subparagraphs (b) and (c) of paragraph 11, which are based on paragraphs 4 and 6, emphasize the need for the ILO to "promote the will of governments, employers' and workers' organizations to use tripartite cooperation" and to "promote tripartite cooperation at the national or other appropriate levels". Paragraph 6 states that "at present, the major challenge of tripartite cooperation is to contribute effectively to resolving the problems resulting in many countries from the exacerbation of economic difficulties and the globalization of the economy, as well as from the structural adjustment programmes that both have necessitated", and that, "given the seriousness of these problems, their solution requires a strengthening of tripartite cooperation at the national or other appropriate levels". It goes on to state that, to solve these problems, tripartite cooperation should essentially "seek to reconcile the imperatives of social justice with those of enterprise competitiveness and economic development". Paragraph 4 makes the point that, "since tripartite cooperation involves the social partners in the policy formulation and decision-making processes, it has ... often been a positive means of achieving acceptable compromises between economic and social imperatives".
2. Consequently, the ILO will in the years ahead be giving high priority to the promotion of tripartite cooperation as a means of promoting the participation of employers' and workers' organizations in the formulation and implementation of economic social policies and, specifically, in the solution of the principle economic and social problems of the day. The Programme and Budget for the 1996-97 biennium frequently mentions, among the fundamental objectives of the Industrial Relations and Labour Administration Department and its Labour Law and Labour Relations Branch, the development of effective tripartite arrangements to contribute to resolving the major economic and social problems of today (paragraphs 80.1, 80.3 and 80.14). Specifically, the Programme and Budget provides that most of the ILO's means of action will be harnessed to this end, with the emphasis on technical advisory services, technical cooperation and the collection and dissemination of information (paragraphs 80.15 and 80.23). Special mention is made of the organization of national and subregional seminars "to assist in the development of effective methods of tripartite negotiation and consultation in countries implementing structural adjustment programmes" (paragraph 80.23). The Programme and Budget also notes on a number of occasions that the efforts to promote tripartite cooperation will be especially intensive in countries in the process of transition to democracy and to a market economy. This is in keeping with the spirit of paragraph 3 of the conclusions, which states that "meaningful and effective tripartite cooperation cannot exist without a market economy and democracy" and that tripartite cooperation "can help to sustain the effective functioning of both". A major report on the situation and current problems currently encountered in the field of labour relations, which will of course also deal with tripartite cooperation, is currently being prepared for publication in the autumn of 1997. Finally, the Programme and Budget proposals for 1998-99 that are in the process of being put together assign tripartite cooperation at least as high a priority as does the Programme and Budget for the current biennium.
3. Another important guideline for future action for the ILO derives from paragraph 7 of the conclusions concerning the promotion of international cooperation, which reads as follows: "Since the globalization of the economy limits the parties' capacity to resolve economic and social problems at the national level, international cooperation contributes to the solution of these problems. The main objective of this cooperation should be to minimize the detrimental effects of the globalization of the economy. Despite the many difficulties involved in establishing such cooperation, there is a pressing need to explore the ways and find the means by which it can be achieved." Paragraph 11 (d) conveys the substance of paragraph 7 where it states that the ILO should "undertake, in line with the wish expressed by the Copenhagen Summit calling for international cooperation, the very special role that its 'mandate, tripartite structure and expertise' bestows upon it". The paragraph goes on to say that the ILO "should in any case strengthen its contacts and develop cooperation with the World Bank, the International Monetary Fund, the World Trade Organization and other international agencies in order better to sensitize them to the social consequences of their action. It should also increase its efforts aimed at convincing the World Bank and the International Monetary Fund of the need to consult social partners nationally on proposed programmes of structural adjustment and to encourage the use of tripartite cooperation in policy formulation and decision-making processes". The question of the ILO's role in the follow-up to the Copenhagen Summit and of its relations with the Bretton Wood's institutions is regularly discussed in the Governing Body and its committees and is in fact the subject of two separate reports under the second and third items on the agenda that will be discussed by the Committee on Employment and Social Policy at the November 1996 session of the Governing Body. These bodies must continue to give the matter the highest priority and must endeavour to make proposals which are realistic and, at the same time, take into account the fact that, given the ever-increasing globalization of the economy, it is no longer possible to secure acceptable social conditions through purely national policies.
4. Paragraphs 8, 9 and 11(c) of the conclusions stress that it is indispensable for the effective functioning of tripartite cooperation that there be "three distinct parties, independent of one another and exercising different functions" (paragraph 8), that all the parties "are willing to engage in dialogue with a sense of responsibility" (paragraph 8) and that they are all strong enough to carry out their functions effectively (paragraph 9). The ILO will therefore continue to assign high priority to activities aimed at strengthening the three parties so that they can participate effectively in tripartite cooperation. The ILO's recent efforts to encourage a broader ratification of the seven core Conventions (including Conventions Nos. 87 and 98) will be particularly useful in this context.
5. The Governing Body may wish to request the Director-General --
| (a) | to being the conclusions to the attention of member States and employers' and workers' organizations; |
| (b) | to take account of the conclusions when preparing future activities of the International Labour Organization. |
Geneva, 8 October 1996.
Point for decision: Paragraph 5.
Appendix
Resolution concerning tripartite consultation at the national
level on economic and social policy(2)
The General Conference of the International Labour Organization, at its 83rd Session (1996),
Considering that tripartite cooperation plays an essential role in the structure and activities of the International Labour Organization, as well as in the development and implementation of economic and social policy,
Considering that tripartite cooperation has recently experienced a number of developments in many countries,
Having examined these developments on the basis of Report VI entitled "Tripartite consultation at the national level on economic and social policy",
Bearing in mind the spirit and content of the Declaration and the Programme of Action adopted by the World Summit for Social Development organized by the United Nations in Copenhagen, from 6 to 12 March 1995;
Adopts the following conclusions and invites the Governing Body of the International Labour Office to request the Director-General:
- to bring these conclusions to the attention of the member States and the employers' and workers' organizations;
- to take account of these conclusions when preparing future activities of the International Labour Organization.
Conclusions concerning tripartite consultation at
the national level on economic and social policy
1. In the present conclusions, the term "tripartite cooperation" is taken in a broad sense and refers to all dealings between the government and the employers' and workers' organizations concerning the formulation and implementation of economic and social policy.
2. Tripartite cooperation is not an end in itself. It is basically a means of cooperation among the parties with a view to:
| (a) | seeking to promote the pursuit of economic development and social justice in concert; and |
| (b) | reconciling, where necessary, the requirements of economic development and those of social justice. |
3. Meaningful and effective tripartite cooperation cannot exist without a market economy and democracy. It can help to sustain the effective functioning of both. Tripartite cooperation can help to sustain the effective functioning of the market economy by dealing with its social consequences. Tripartite cooperation can also help to strengthen democracy by allowing the social partners, who represent important segments of the population, to participate in various ways in the policy formulation and the decision-making processes regarding economic and social policy.
4. While in some cases tripartite cooperation has not been as effective as some or all parties would have liked, many different forms of tripartite cooperation in different regions of the world have been generally recognized to be effective. This is true for those forms of tripartite cooperation that occur at the national level and cover a wide range of economic and social issues, for those forms that occur at sectoral, regional and local levels, as well as for those forms that occur at the national level but deal with specific subjects such as occupational safety and health. Since tripartite cooperation involves the social partners in the policy formulation and decision-making processes, it has in effect often been a positive means of achieving acceptable compromises between economic and social imperatives. For this reason as well, such compromises have the greatest likelihood of being effectively implemented, thus promoting social peace and harmony.
5. Considerable differences may arise regarding, for example, the relative importance of formal and informal tripartite cooperation, the relative importance of bipartite and tripartite industrial relations or even regarding how sharp a distinction the parties wish to draw between the area of competence of the public authorities and that of the social partners. However, tripartite cooperation is an instrument that is flexible enough to be adapted to the most diverse situations, provided that all the parties have the firm will to do so.
6. At present, the major challenge of tripartite cooperation is to contribute effectively to resolving the problems resulting in many countries from the exacerbation of economic difficulties and the globalization of the economy, as well as from the structural adjustment programmes that both have necessitated. Given the seriousness of these problems, their solution requires a strengthening of tripartite cooperation at the national or other appropriate levels. One of the roles of tripartite cooperation should essentially be to seek to reconcile the imperatives of social justice with those of enterprise competitiveness and economic development. It should be borne in mind that tripartite cooperation should be used not only in adverse but also in favourable economic circumstances.
7. Since the globalization of the economy limits the parties' capacity to resolve economic and social problems at the national level, international cooperation contributes to the solution of these problems. The main objective of this cooperation should be to minimize the detrimental effects of the globalization of the economy. Despite the many difficulties involved in establishing such cooperation, there is a pressing need to explore the ways and find the means by which it can be achieved.
8. The need for tripartite cooperation to adapt to its environment does not alter the fact that its effective functioning is subject to certain fundamental conditions. Firstly, it is indispensable that there be three distinct parties, independent of one another and exercising different functions. This presupposes full respect for the right to organize as set out in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Secondly, it is essential that the parties be willing to examine problems together and to seek solutions that are mutually beneficial to them and to the national community as a whole. This presupposes that all parties are willing to engage in dialogue with a sense of responsibility that allows them to go further than the narrow defence of their own interests.
9. The smooth functioning of tripartite cooperation depends also on the parties being strong enough to carry out their functions effectively. In particular, this presupposes that the organizations of employers and workers are independent, sufficiently representative and accountable to their members; that they are structured so as to be able to make the necessary commitments and to ensure that they are carried out; and that they have the technical capacity to deal knowledgeably with the subjects under discussion. It is equally important that there be a reasonable equilibrium of strength among the three parties. It is recognized that the State has an important role to play in facilitating effective tripartite cooperation.
10. In a number of countries the existence of an enabling institutional and procedural framework is instrumental -- and sometimes essential -- to the effective functioning of tripartite cooperation and, in certain cases, to the emergence and identification of employers' and workers' organizations.
11. The International Labour Organization should use all appropriate means and take all appropriate measures including the following initiatives in order to promote tripartite cooperation:
| (a) | encourage the ratification and/or the effective application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152); and the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113); |
| (b) | promote the will of governments, employers' and workers' organizations to use tripartite cooperation; |
| (c) | promote tripartite cooperation at the national or other appropriate levels. Its efforts in this domain should above all seek to ensure the fulfilment of the conditions necessary for the smooth functioning of tripartite cooperation. In this regard, special attention should be paid to gathering, evaluating and disseminating information, raising awareness, as well as offering assistance to strengthen the capacity of governments and employers' and workers' organizations to participate effectively in tripartite cooperation; |
| (d) | undertake, in line with the wish expressed by the Copenhagen Summit, calling for international cooperation, the very special role that its "mandate, tripartite structure and expertise" bestows upon it. In this regard, it is urgent to explore the ways and find the means by which the International Labour Organization can accomplish this task. The International Labour Organization should in any case strengthen its contacts and develop cooperation with the World Bank, the International Monetary Fund, the World Trade Organization and other international agencies in order to better sensitize them to the social consequences of their action. It should also increase its efforts aimed at convincing the World Bank and the International Monetary Fund of the need to consult social partners nationally on proposed programmes of structural adjustment and to encourage the use of tripartite cooperation in policy formulation and decision-making processes. It should also assist the national social partners in the course of such consultations if so requested. |
1. See appendix for the text of the resolution and conclusions.