1. Introduction. 2. Raising Awareness

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1 The OECD Guidelines for Multinational Enterprises Recommendations for Responsible Business Conduct in a Global Context Trade Union Activities: Promoting and Implementing the Guidelines June 2011 June Introduction 1. TUAC welcomes this opportunity to provide information on the activities undertaken by TUAC, affiliates, Global Union Federations (GUFs) and other trade union partners to promote and implement the updated OECD MNE Guidelines. Since 25 May 2011, trade unions have engaged in a variety of activities ranging from speaking on the Guidelines at national and international events, translating the Guidelines and organising training events, in addition to working to upgrade the National Contact Points (NCPs). Examples are presented under the following headings: - Section 2: Raising Awareness; - Section 3: Training Trade Unionists; - Section 4: Developing Tools; - Section 5: Applying the Guidelines; - Section 6: Improving NCP Performance. 2. Raising Awareness INTERNATIONAL On the 7 November 2011, Colombia FDI Perspective of the Vale Columbia Center on Sustainable International Investment published an article by the TUAC General Secretary, which highlighted the strengths of the updated OECD Guidelines, but also the remaining challenges the need to increase oversight and strengthen the authority of the National Contact Points (NCPs). On the November 2011, TUAC attended the international conference, Rights and Accountability: the Way Ahead for Business and Human Rights, held at the offices of the Friedrich-Ebert-Stiftung in Berlin, and participated as a panellist in a Working Group on the OECD Guidelines, alongside the German and UK NCPs and OECD Watch. The Confederation of German Trade Unions, Deutscher Gewerkschaftsbund Bundesvorstand (DGB), also attended. Since the completion of the update, the Council of Global Unions (CGU), comprising the Global Union Federations, the International Trade Union Confederation (ITUC) and TUAC, has held regular discussions on the OECD Guidelines in the context of efforts to tackle precarious work and to promote the UN Guiding Principles. The CGU has also used the OECD Guidelines in discussions with companies, including on Global Framework Agreements agreements on business behaviour that are drawn up, signed and monitored by global unions and MNCs. In 2011, UNI Global Union, the Global Union Federation representing 20 million service sector workers sectors, circulated a briefing note to its membership Breaking Through: Changing the Rules of the Game, which summarised the key elements of the UN Guiding Principles and the 2011 OECD Guidelines, focusing in particular on the implications of the due diligence principle.

2 On the 23 March 2012, a representative of the Global Union Federation the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), participated as a trade union expert in an international meeting held in London on the The OECD Guidelines and the Extractive Industries, organised by the Institute for Business and Human Rights (IHBR), the Norwegian Ministry of Foreign Affairs, and the International Council on Mining and Metals (ICMM). In the January 2012 edition of its bimonthly magazine, Syndicats, the Fédération Générale du Travail de Belgique (FGTB), published an article that described the purpose and scope of the OECD Guidelines and the role of the Belgian NCP in providing mediation and making public statements on companies observance of the Guidelines. On the 14 May 2012, TUAC spoke on the update of the OECD Guidelines at the American Bar Association Section of Labor & Employment Law, International Law Committee Midyear Meeting, Multinational Work Relationships and Conflicts in a Time of Crisis and Mobility, which was held in Paris. OECD On the 26 September 2011, TUAC spoke on the update of the Guidelines at a conference on the Normative Power of the OECD, co-organised by the OECD and l Institut de Recherche en Droit international et européen de la Sorbonne (IREDIES). TUAC wrote an academic article for the conference book (forthcoming) on the normative power of the OECD Guidelines. BELGIUM In September 2011, the Confédération des syndicats chrétiens (CLC) published an article on the updated Guidelines in its periodical Vakbeweging. CHILE On July 2011, trade unions discussed the OECD Guidelines at a trade union seminar on Chile s membership of the OECD that was organised by TUAC, Friedrich-Ebert-Stiftung and CUT-Chile. TUAC, gave a presentation on the OECD Guidelines, including the results of the update, and trade unionists from Uni Global Union, CUT-Chile, CUT-Brazil and CGT Argentina discussed trade union experience of using the OECD Guidelines in Latin America. The Chilean NCP, Marcelo Garcia, attended the seminar. 2

3 THE NETHERLANDS On 12 December 2011, the Dutch trade union confederation FNV participated as a panelist at a meeting on the OECD Guidelines co-organised by the Dutch Government and the Dutch employers organisation, VNO-NCW. FNV drew attention to the new provisions on due diligence and wages adequate to meet basic needs of workers and their families. At industry level, the FNV is promoting the OECD Guidelines within the Dutch Coal Dialogue (DCD) a multi-stakeholder that aims to improve the impacts of the coal supply chain on the community, workforce and environment, focusing particularly on Colombia and South Africa. The DCD will conduct a gap analysis of the application and implementation of key international standards, including the OECD Guidelines. At workplace level, the FNV has published a Corporate Social Responsibility (CSR) checklist for trade union negotiators and shop stewards, which includes the OECD Guidelines. In May 2012, the FNV wrote an article on the OECD Guidelines for Zeggenschap, the flagship magazine of the Dutch Labour movement (forthcoming). And at company level, FNV has used Chapter IV and V provisions of the Guidelines on the right to freedom of association in its social dialogue with Dutch MNCs with regard to foreign subsidiaries that operate within national law, but in violation of the Guidelines. SPAIN In 2011, the Spanish national trade union confederation Comisiones Obreras (CCOO) published a report on the OECD Guidelines covering: the 2011 update, including the TUAC statement; using the Guidelines; the recommendations; the obligations of governments; the role of the Spanish NCP; and a selection of trade union cases. CCOO is currently working on a second publication targeted at the sectoral level. SWEDEN In Spring 2011 the Swedish Trade Union Confederation (LO) and the Swedish Association of Graduate Engineers, both members of the Swedish NCP, participated in a national seminar on the updated OECD Guidelines, which was attended by trade unions, civil society, investors and other actors. LO Sweden also gave a presentation on the Guidelines to Swedwatch, an NGO working to strengthen the accountability of Swedish businesses. LO Sweden has also promoted the OECD Guidelines in its international activities, speaking in December 2011 at an international trade union conference on CSR, held in Hanoi, Vietnam and in January 2012 at a workshop on the implementation and promotion of the OECD Guidelines in the Arctic context, organised by the Swedish Presidency of the Arctic Council. UNITED KINGDOM The Trades Union Congress (TUC) formally welcomed the update of the OECD Guidelines and circulated a briefing paper to all member unions. It also published articles on the updated Guidelines in Touchstone, the TUC blog. On 8 November 2011, the TUC participated as a speaker in the Annual General Meeting of the All Party Parliamentary Group on International Corporate Responsibility What do the new OECD Guidelines mean for British Business alongside the UK NCP, representatives of the Confederation of British Industry (CBI) and OECD Watch. On 13 January 2012, TUAC gave a guest lecture on the OECD Guidelines at the Centre for International Studies and Diplomacy, School of Oriental and African Studies (SOAS) in London. VIETNAM In 2011, RENGO, the Japanese Trade Union Confederation, in cooperation with the Vietnam General Council of Labour (VGCL), translated the 2011 OECD Guidelines into Vietnamese. 3

4 3. Training Trade Unionists AFRICA On September 2011, the Bureau for Workers Activities at the ILO (ACTRAV), together with the Africa offices of the International Trade Union Confederation (ITUC) and Uni Global Union held a joint training seminar on the ILO MNE Tripartite Declaration on Multinational Enterprises and Social Policy and the OECD Guidelines. It was attended by 25 trade unionists from Benin, Botswana, Cameroon, Gabon, Ghana, Nigeria, South Africa and Uganda, all working in the telecommunications sector. TUAC led the session on the OECD Guidelines. On November 2011, TUAC, together with the Friedrich Ebert Stiftung s (FES) Trade Union Competence Centre for Sub Sahara Africa, Johannesburg, and FES Zambia organised a 2-day regional seminar on the OECD Guidelines in Lusaka, Zambia. The participants from Nigeria, Malawi, South Africa, Tanzania, Zambia and Zimbabwe, included 20 trade unionists, representing workers in OECD MNCs, together with representatives of the Global Union Federations and a small number of NGO representatives. In the discussion, participants attributed the small number of trade union cases in Africa to a low level of awareness. A high proportion of participants, considered the OECD Guidelines to be relevant to their work. They called on adhering governments to do more to promote the Guidelines in Africa, using their embassies and development agencies. They also emphasised the need for practical tools. ASIA On 24 February 2012, TUAC together with the International Metalworkers Federation (IMF) ran a one-day training session on the OECD Guidelines at the ILO International Training Centre in Turin, as part of a 2-week course on Organising and Collective Bargaining in Multinational Enterprises (MNEs). The session was attended by 17 trade unionists from: China, India, Indonesia, Republic of Korea, Malaysia, Nepal, Philippines and Vietnam. The discussion highlighted the need to build greater awareness of the OECD Guidelines among trade unions in Asia and to develop practical tools that are available in national languages. Participants raised questions over the role of home governments in working with the social partners on-the-ground to promote and implement the Guidelines. MIDDLE EAST AND NORTH AFRICA On January 2012, the International Metalworkers Federation (IMF), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), and TUAC, organised a 3-day training workshop on the OECD Guidelines in Casablanca, Morocco. The workshop was attended by around 45 trade unionists from Algeria, Morocco and Tunisia, including shop stewards from MNCs operating in the steel, electronics, aerospace, food and hotels sectors. On the last day, a representative from the Moroccan NCP joined the workshop on the last day and gave a short presentation on the role and activities of the Moroccan NCP. In the discussion, trade unionist raised questions concerning the impartiality of the NCP given its location in 4

5 the agency responsible for promoting investment and the low level of awareness of the NCP and the Guidelines in Morocco. The Moroccan NCP representative assured participants that the Guidelines would be translated into Arabic, that it would invite the social partners to the NCP and in the future work with trade unions to promote and implement the OECD Guidelines. CANADA On 1 November 2011, the Canadian Labour Congress (CLC) organised a webinar conference for its affiliates on the OECD Guidelines. A representative of TUAC joined the Chair of the Canadian NCP, Judith St. George, Andrew Kavchak of the NCP Secretariat and representatives of the Department of Human Resources and Skills Development at the CLC Headquarters in Ottawa for presentations and debate, with approximately 20 CLC members from around Canada participating through the webinar. CROATIA On 16 May 2012, TUAC provided training to 12 members of the Multinational Coordination Group of the Union of Autonomous Trade Unions of Croatia, who represent workers in OECD MNCs operating in Croatia. In the discussion participants noted the high number of Austrian MNCs operating in Croatia and raised questions about the role the Austrian Government could play in promoting the Guidelines in Croatia, working together with the social partners. Participants stressed that awareness was extremely low and that there was a need to translate the Guidelines into Croatian. GERMANY Since the completion of the update, the Confederation of German Trade Unions, the DGB together with the DGB Training Centre have provided training to trade unionists and Works Council on the updated OECD Guidelines. ITALY On 19 September 2011 the Confederazione Generale Italiana del Lavoro (CGIL) organised an internal seminar on the OECD Guidelines for its 12 CGIL National Sectoral Federations and 20 CGIL Regional Organisations. The seminar was attended by Ms. Ludovicà d'agrò, the Italian NCP, who gave an overview of the role and activities of the NCP. Ms. Carla Coletti, Chair of the TUAC Working Group on Trade and Investment and Director of the International Metalworkers Federation, gave a presentation on the updated 2011 Guidelines. UNITED STATES On 31 October 2011, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) held a training session on the OECD Guidelines at its headquarters in Washington D.C. The meeting was attended by 15 trade unionists and other partner organisations, including the Solidarity Centre. The training, led by TUAC, covered the changes made in the 2011 update and the newly structured US NCP. The discussion focused on the meaning and application of the new due diligence and human rights provisions in particular the different levels of responsibility ( cause, contribute and linked to through a business relationship ) and the changes to the US NCP, including the decision to create an Advisory Board comprising trade unions, business and NGO representatives. 5

6 VIETNAM On 8-9 August 2011, the Japanese trade union confederation, RENGO, organised a seminar on the OECD Guidelines in Hanoi, in cooperation with the Vietnam General Confederation of Labour (VGCL). The aims were to promote understanding and respect for the OECD Guidelines, as well mutual understanding between government and social partners in Japan and the host country so as to achieve decent work and better lives for workers in Japanese companies. Japan accounts for 12% of Vietnam s Foreign Direct Investment (FDI), which in turn is estimated to have created a total of 2 million jobs. The seminar was supported by the Japanese Ministry of Foreign Affairs (MOFA) through the participation of the Ambassador of Japan to Vietnam, Ambassador Tanizaki, who attended the opening of the seminar. The conclusions highlighted the role that the OECD Guidelines can play in building constructive labourmanagement relations in Vietnam. But participants agreed that awareness was low and that there was need for much greater promotion of the OECD Guidelines, including among small and medium-sized enterprises. 4. Developing Tools DEDICATED WEB SITE In January 2012, TUAC launched its dedicated web site on the OECD Guidelines, which provides a description and analysis of details of all trade union cases submitted since 2000, together with profiles of the National Contact Points (NCPs). The site also provides: a list of companies and trade unions involved in cases; key case statistics including the average number of cases per year and the number and proportion of cases by NCP, host country, chapter, paragraph and sector; key resources (OECD, NCP and TUAC) ( TRAINING GUIDES TUAC has prepared guides for each training event, covering the following: 1. What are the OECD Guidelines? 2. To which companies do they apply? 3, What are the NCPs? 4. When is a case eligible? 5, Where should a case be filed? 6. What does the NCP do? 7. What steps for submitting cases? 8 How have trade unions used the Guidelines? 9. What are the host countries? 10. What are the landmark cases? TUAC is currently revising its Users Guide, which will comprise three sections: - Part I: Overview; - Part II: The Recommendations (Chpts. II, III, IV, V); - Part III: Using the NCP mechanism. 6

7 5. Applying the Guidelines RESEARCH: CAMBODIA In 2011 the Dutch trade union confederation (FNV) together with LO Denmark and the International Trade Union Confederation (ITUC) commissioned the Dutch NGO SOMO, to conduct research on the working conditions of the Beer Promoting Women in Cambodia, including on whether wages are adequate to meet the basic needs of the workers and their families, as provided for by Chapter V, paragraph 4b of the OECD Guidelines. OECD and other Asian MNCs require women beer sellers in Cambodia to drink with their customers in order to increase sales and meet their targets. It is hoped that the research will contribute to a debate at the OECD over the meaning of the new provision in the OECD Guidelines on adequate wages and its application to precarious women workers in the beer sector in Cambodia. SUPPORTING CASES TUAC provides advice and assistance to trade union partners around the world in preparing cases to be submitted under the OECD Guidelines and publishes a list and case analysis on its web site of all trade unions cases submitted since 2000 to date 139 cases. AUSTRALIA In a letter of 9 May 2012 and at a meeting held on the 25 May 2012 (attended also by OECD Watch), the Australian Council of Trade Unions (ACTU) called for the following changes to made by the Australian National Contact Point (ANCP): formal representation of trade unions and other stakeholders in the NCP; increased human and financial resources; publication of guidance on parallel proceedings, timescales and cooperation between host and home country NCPs; and the adoption of best practice such that the ANCP should conduct an investigation of a case where mediation is refused or fails. FRANCE On 18 April 2012, the six trade union members of the French NCP (CFDT, CGT, FO, UNSA, CFTC and CFECGC) sent a letter to Monsieur François Baroin, Minister for the Economy, Finance and Industry, expressing their dissatisfaction with the functioning of the French NCP. The letter noted that planned meetings had been cancelled, four specific instances were pending, and that the 25 November 2011 deadline for the NCP to be in line with the updated Guidelines was past. The trade unions called for a meeting of the NCP to be scheduled as soon as possible. 6. Improving NCP Performance OECD In May 2012, TUAC wrote to the OECD, calling for it to increase the level of resources made available to the secretariat of the Investment Committee under the Part 1 Budget, so that it is able to meet the new commitments made under the 2011 update: promoting the Guidelines; supporting peer learning and peer evaluations; facilitating capacity-building of the growing number of NCPs; developing a website and case database; and supporting the new proactive agenda. GERMANY Since the completion of the update, the Confederation of German Trade Unions, the DGB, has held meetings with Members of the German Parliament in particular the Green Party, the Left Party and the Social Democrats regarding the need to change the structure of the German NCP after the 2013 election to the Bundestag. The DGB is calling for a formal inter-ministerial structure and the creation of an oversight body on which the DGB is represented. 7

8 SWEDEN In June 2012, the five trade union members of the Swedish NCP the Swedish Trade Union Confederation (LO), IF Metall, Unionen, the Swedish Confederation of Professional Associations (SACO), and the Swedish Confederation of Professional Employees (TCO) submitted a joint paper to the Minister of Foreign Trade regarding the Government s CSR Policy. The paper, inter alia, called on the Swedish Government to allocate sufficient human and financial resources to the NCP, develop a comprehensive and accessible NCP web site and create a system of national reporting such that the Ministry submit annual or bi-annual reports on the implementation of the OECD Guidelines to Parliament. In meetings held with the Junior Ministry for Trade and Foreign Affairs on the 1 June and the 5 June 2012, the trade union delegation pointed to the likely impact of growing foreign ownership weakening the link between trade unions and companies, thereby increasing the future burden on the NCP. The trade unions also underlined the relevance of the OECD Guidelines to trade. The Minister reported that NCP staffing levels had been increased and that it recognised the need to create an accessible web site that is translated into English. 8