Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Promoting decent work for all — The EU contribution to the implementation of the decent work agenda in the world COM(2006) 249 final
Date: 2007-01-17
Institutions: European Economic and Social Committee
Subjects: International Labour Organisation, globalisation, humanisation of work, social development, social impact, socioeconomic conditions, sustainable development, the EU's international role, working conditions

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The EESC stresses once again the need for a common
5.4
European definition of disability, which will make EU disability
policy more effective. By the same token, more exhaustive data
on the situation of people with disabilities in the EU would also
contribute to a better informed and targeted policy-making.
Therefore the EESC calls on the Commission, Eurostat and
Member States to devote more resources to the elaboration of
statistics analysing aspects such as the employment situation,
the economic weight of disabled people, their role as consumers
or the access to services of people with disabilities.

and this has even resulted in further obstacles in access to
goods and services.

5.6
The EESC is also keeping a close eye on the United
Nations Convention on the Rights of Persons with Disabilities
adopted in August 2006 and calls on EU Member States to
ratify it. The Committee also calls the Commission to ensure
that
the principles enshrined in the UN Convention are
promoted and followed at EU level.

5.5
Under the Amsterdam Treaty, the European Community
is committed to taking account of the needs of people with
disabilities when drawing up measures relating to the single
market. Regrettably, Declaration 22 has not been implemented,

5.7
The EESC hopes that the EU action plans to secure equal
opportunities for people with disabilities will be the catalyst for
more new measures in this field that will in turn produce quan-
tifiable results.

Brussels, 17 January 2007.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the Communication from the
Commission to the Council,
the European Economic and Social
Committee and the Committee of the Regions: Promoting decent work for all — The EU contribu-
tion to the implementation of the decent work agenda in the world

the European Parliament,

COM(2006) 249 final

(2007/C 93/09)

On 13 July 2006 the European Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned
proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 19 December 2006. The rapporteur was Mr Etty.

At its 432nd plenary session, held on 17 and 18 January 2007 (meeting of 17 January 2007), the European
Economic and Social Committee adopted the following opinion by 128 votes to 3 with 11 abstentions.

1. Conclusions and recommendations

1.1.2
tors for assessing the implementation of
Agenda by the EU.

It requests the Commission to develop adequate indica-
the Decent Work

The EESC welcomes the Commission Communication. It
1.1
is confident that the Commission in close cooperation with the
Member States, will make a major contribution to the realisation
of Decent Work, both within the EU and in third countries.

The Committee shares the view of the Commission that the
endorsement of social objectives must not be used for protec-
tionist purposes.

1.1.1
The Committee urges the Commission to involve the
EESC in the preparation of the follow-up report to the Commu-
nication to be presented by the summer of 2008.

1.1.3
The Commission should give a clear indication of the
financial implications of its contribution to the promotion of
decent work, both within and outside the EU. This should
include information on the way it intends to support the ILO in
the execution of its Decent Work Agenda.

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The Commission should follow the same approach as
1.2
recommended in the European Economic and Social Commit-
tee's Opinion on the Social Dimension of Globalisation of
March 2005: retain and reinforce the positive impact of Globali-
sation, while taking appropriate action so as to combat its nega-
tive repercussions. The Committee reiterates its conclusions of
the March 2005 Opinion.

1.3
Decent Work policies, both within and outside the EU,
can only succeed with full involvement of social partners and
the broader civil society.

— employment,

— social protection, and

— social dialogue.

The concept is a central part of the EU Social Model which
focuses on the right to productive and freely chosen work in
which rights are protected, which generates an adequate income,
with adequate social protection and in which there is an
emphasis on equal opportunities. Tripartism and social dialogue
guarantee participation and democratic process.

1.4
In pursuing the Decent Work objective, policy coherence
and coordination at all levels, including national, is of crucial
importance.

Gender and development are considered to be cross cutting
themes.

A key factor

1.5
strengthening the ILO supervisory system.

in the promotion of Decent Work is

1.6
The EESC calls upon the Commission to analyse with
Member States the reasons for non-ratification by receiving
countries in relation to the UN International Convention on
Migrants.

1.7
The ratification and implementation in law and practice
of the relevant ILO Conventions within the EU and in relation
to third countries is essential.

1.8
The EESC calls upon the Commission to promote the
importance of occupational health and safety as one of the key
factors in achieving decent work.

1.9
The Commission should present an Action Plan on its
Decent Work policies, both within and outside the EU, including
budgetary data.

2. General observations

The Committee welcomes

2.1
the Communication. The
Decent Work Agenda is an important response to globalisation
and it can make a major contribution to realising the Millen-
nium Development Goals as acknowledged by the United
Nations. The European Union, as an important member of the
world community, can bring significant added value by imple-
menting it — both ‘at home’ and in promoting it in its diverse
relations with third countries, groups of countries, and interna-
tional institutions. Decent work has a direct relevance for the
implementation of the Lisbon Agenda by contributing signifi-
cantly to shaping working life in the EU in a sustainable way.
Playing an active role in promoting decent work for all not only
forms an integral part of the European Social Agenda and of
the EU efforts to promote its values; it is also in the interest of
the EU in order to ensure that globalisation does not undermine
the European Social Model.

‘Decent work’

introduced by the Interna-
2.2
is a concept,
in 1999 (1).
tional Labour Organisation (ILO)
It has been
defined as ‘the converging focus’ of all the ILO's four strategic
objectives:

— the promotion of rights at work,

(1) Decent work, Report of the Director General of the ILO to the 87th
Session of the International Labour Conference, ILO, Geneva, 1999.

In line with the ILO Decent Work Agenda,

2.2.1
the
Commission should stress the importance of gender equality
and the empowerment of women to overcome poverty in
greater detail; in particular as regards equality of opportunities
and equality of treatment.

In its opinion on the Social Dimension of Globalisa-
2.3
tion (2) the EESC has identified decent work as a key objective,
and as a priority issue for the EU and its Member States, both at
home and in external relations and in development assistance.

2.4
The Committee subscribes to the statement in the Intro-
duction of the Communication which characterises the Decent
Work Agenda as a number of universal strategies which are not
tied to a specific developmental model, and as an instrument
tailoring development to values and principles of action and
governance which combine economic competitiveness with
social justice. Underlying Decent Work is the understanding that
every country, at whatever level of development, sets its own
goals to reduce the gap between the objective and the absence
of sufficient employment opportunities, the denial of rights at
work, inadequate social protection and shortcomings in social
dialogue.

The Committee further welcomes the emphasis in the
2.5
Communication on the need to establish an effective commit-
ment to Decent Work across the full range of multilateral insti-
tutions and by all governments, as endorsed by the UN
ECOSOC Declaration of July 2006.

2.6
The Committee notes with interest that several recom-
mendations, made in the EESC opinion on the Social Dimension
of Globalisation, have been taken on board in this Communica-
tion.

2.7
It regrets that the element of policy coordination and
coherence in and between the International Financial Institu-
tions (IFI's), the World Trade Organization (WTO) and the Inter-
national Labour Organization (ILO), in particular at the level of
the Member States, has not been pursued in the way the EESC
would have hoped. The Committee had requested the Commis-
sion as well as the Council of Ministers to take certain action in
order to promote more coordination and coherence at the level
of the Member States, with full involvement of civil society.

(2) EESC opinion of 9.3.2005 on ‘The Social Dimension of Globalisation
— the EU's policy contribution on extending the benefits to all’.
Rapporteurs: Mr Tom Etty and Ms Renate Hornung Draus (OJ C 234 of
22.9.2005).

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The Committee reiterates this request with a view to the promo-
tion of Decent Work by the Commission and the Member
States in these institutions.

The Commission should promote a more united approach in
the IFI's by the Member States, in particular with regard to their
policy advice, development assistance programmes with Govern-
ments, and their loans to private companies.

2.8
The Committee is of the opinion that, generally speaking,
the proposals for action made by the Commission in the
Communication are well taken and constructive.

2.8.1
A major aspect missing is an acknowledgement that
strengthening the supervisory system of the ILO is a key factor
in the promotion of Decent Work. Ratification of Conventions
is important, but not sufficient. The reality on the ground, i.e.
full implementation in law as well as in practice, must also be a
point of permanent concern. The Committee encourages the
Commission to stimulate and coordinate joint action by the
Member States, in close cooperation with the ILO, to this effect.

2.8.2
Another element which the Committee wishes to high-
light is that globalisation not only necessitates the ILO to bring
and keep its Conventions and Recommendations up to date, but
that it will inevitably also require the Organisation to formulate
new standards in order to deal with new realities in the world
of work as they immerge. It is necessary to ensure that the new
instruments are the subject of relevant topics and these contain
provisions that are rooted in reality. The EU and its Member
States (and the social partners in the Member States) must be
encouraged to seek a pro-active role, as far as this is concerned.

3. Specific observations

3.1 Re: A factor in development, governance and performance

In the Communication,

3.1.1
the Commission speaks of
bipartite and tripartite social dialogue, as well as of ‘the involve-
ment of the social partners and civil society’/‘the involvement of
the social partners and other social society stakeholders’. The
Commission should make clear that ‘social dialogue’ takes place
between social partners with or without Government represen-
tatives, whereas ‘civil dialogue’ also involves NGOs and other
stakeholder groups. In the context of the Communication,
it
must be understood that genuine social dialogue is something
which can only be achieved by free and independent, democratic
organisations.

3.1.2
All the elements of the Decent Work concept are being
touched upon in this section. What is striking is the fact that
occupational safety and health is only slightly dealt with (the
brief mentioning of ‘the quality of employment’). It seems that
this is not by chance as occupational safety and health does not
feature prominently in the text of the Communication as a
whole. This may have to do with the problematic position of
the Commission and the Member States vis-à-vis the ILO's
Conventions in this area. They have been very poorly ratified by
EU Member States, although the level of protection to workers
offered by the relevant EU legislation is — understandably —
usually higher than the corresponding ILO instruments. This

poor ratification record is not a recommendation to other coun-
tries to ratify the ILO occupational safety and health Conven-
tions. Thereby,
the EU is not promoting the Decent Work
Agenda in this respect. The Committee calls on the Commission
and on the Member States to review the present unsatisfactory
situation with a view to improving it significantly in the near
future. The Committee also considers that the Member States
should denounce an ILO health and safety convention only
when they have decided to ratify an up-to-date convention
covering a similar area.

3.1.3
The Committee shares the view of the Commission
that the endorsement of social objectives must not be used for
protectionist purposes. At the same time it wishes to observe
that a ‘social clause’
trade agreements, as
in multilateral
discussed in earlier EESC Opinions, could not possibly be used
for protectionist purposes, as it consists exclusively of the eight
fundamental human rights standards of the ILO (on the right to
organise/collective bargaining, forced labour, discrimination in
labour and occupation, and child labour) which have all been
ratified by an overwhelming majority of ILO Member States. If
these Member States have lived up to their constitutional obliga-
tions,
their own
national legislation or other relevant regulations, as required and
supervised by the ILO.

they have made them part and parcel of

In its development policy, the EU must fully integrate
3.1.4
Decent Work and back up its policy statements with adequate
budgetary support.

3.2 Re: Commitments and strategies for EU policies

The EU should promote Decent Work ‘at home’ by rati-
3.2.1
fication and implementation of all the relevant ILO Conven-
tions,
including those concerning the non-discrimination and
integration of vulnerable groups, by the Member States.

3.2.2
In the sub-section ‘Harnessing the EU's external policies
more effectively’, under the heading ‘Enlargement’, ILO Conven-
tions 87 and 98 on Freedom of Association and on Collective
to be
Bargaining, and the rights protected therein appear
conceived by the Commission as dealing with trade union rights
only. That is incorrect: they are explicitly also employers' rights.
Both these fundamental trade union and employer's rights must
be promoted by the Commission.

3.2.3
The Committee agrees with the Commission views on
‘Neighbourhood’. However, it thinks that due attention should
also
ILO
social
Convention 144 on Tripartite Consultation in this area.

dialogue/ratification

paid

be

of

to

3.2.4 With regard to the sub-section on ‘Bilateral and
regional relations’ the Committee observes that China poses a
special problem which should be discussed and also addressed
by the Commission. China openly opposes freedom of associa-
tion and the right to bargain collectively by independent trade
unions and employers' organisations. Given the importance of
China in the world this cannot be ignored if one aspires for
progress by means of the Decent Work Agenda.

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In the list of measures envisaged under the heading
3.2.5
‘Development cooperation’
the Commission should include
actions to be taken, in cooperation with the ILO, to help to inte-
grate the informal economy into the formal economy. Decent
Work is as important
the formal
economy. The Commission should cooperate with the ILO to
explore new ways to help existing actors to develop forms of
action to defend the rights and strengthen the capabilities of
those earning their living in the informal economy, and to
enable new actors to enter the field of interest representation.

the informal as for

for

Also, under

3.2.6
the Committee would
this heading,
propose to include the promotion of social economy organisa-
tions such as cooperatives. This is one of the priority issues,
identified in the EESC's Opinion on the Social Dimension of
Globalisation.

The Commission should also consider policies

3.2.7
to
strengthen, in close operation with the ILO, the role of small
and medium sized enterprises in promoting Decent Work.

3.2.8
As regards the heading ‘Trade: a factor in sustainable
development’ the Committee refers to the suggestions made in
the Opinion on the Social Dimension of Globalisation with
regard to Joint bilateral observatories and Export Processing
Zones.

3.2.9
The Committee welcomes the support of the Commis-
sion for the wide ratification and genuine application of ILO
Conventions, but notes that in the area of international trade,
this commitment could be made more concrete. First at the
multilateral level, the Commission needs to make the promotion
of Decent Work one of the objectives of the EU at the WTO.
The creation of a Committee on ‘Trade and Decent Work’
within the WTO structure, similar to the ‘Trade and Environ-
ment’ Committee needs to be considered; Decent Work should
be taken up a component of ‘sustainable development’ under
the trade policy reviews of
the WTO; and a WTO work
programme, together with the ILO, is requires. The Commission
and Member States should engage in active efforts with other
WTO members in order to convince them of the benefits of
such attention to Decent Work within the WTO structures.

Second,

trade relationships, as in
3.2.10
in its bilateral
Economic Partnership Agreements
the Commission
should put the ratification and implementation of the ILO core
labour standards high on the agenda of the negotiations. In all

(EPAs),

Brussels, 17 January 2007.

these negotiations, sustainability impact assessments (SIAs) that
include decent work indicators should be undertaken, and their
recommendations addressed.

3.2.11 With regards to the GSP plus system of trade incen-
tives, strong accompanying measures are required if it is to be
effective, notably by mid-term reviews of the GSP plus countries
to be conducted in early 2007 in order to ensure the govern-
ments recognise they must actually implement the Conventions
concerned and start to take appropriate action.

3.2.12
Under ‘Better management of economic migration’
the Committee wishes to raise, once more, the issue of the UN
International Convention on Migrants. This is a difficult and
complicated issue. Not one single important ‘receiving country’
has so far ratified this Convention. The Committee has taken a
favourable attitude towards the Convention in its June 2004
Opinion (3).
It
the Commission ignores the
instrument
totally in its Communication. The Committee
requests the Commission to analyse, with the Member States,
the reasons for non-ratification and to define a clear policy,
based on that analysis. It also encourages the Commission to
explore, together with the Member States which have so far not
ratified the ILO Conventions 97 and 143 on Migrant Workers,
possibilities for ratification in the near future.

is striking that

to support

The Commission intends

3.2.13
to
conclude transnational collective agreements and global frame-
work agreements (heading ‘Working with civil society and the
business sector’). The Committee insists that this should be
explored in close cooperation with the relevant employers' and
trade union federations.

efforts

The Commission should also discuss with these orga-
3.2.14
relevant civil society organisations the
nisations and other
promotion of corporate social responsibility policies in coun-
tries where the gap between legislation and implementation of
the law in practice is particularly high. The Committee under-
lines that corporate social responsibility is complementary to
legislation and cannot replace it.

The Committee recommends the Commission to encourage
companies to include,
in their voluntary codes of conduct,
explicit references to the OECD Guidelines for Multinational
Enterprises and the ILO Tripartite Declaration on Multinational
Enterprises and Social Policy.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(3) EESC opinion of 30.6.2004 on ‘International Convention on Migrants’.

Rapporteur: Mr Pariza Castaños (OJ C 302 of 7.12.2004).