Congress Submission to Review of Ireland’s Foreign Policy and

External Relations

Congress welcomes the process of public consultation as part of a review

of Ireland’s Foreign Policy and External Relations, launched by the

Tanaiste late in 2013.

In launching the review, he stated:

“Our foreign policy is a statement of who we are as a people. It is the

means by which we promote our values and pursue our interests

abroad. Through it, we pursue economic prosperity and promote peace

and security in Ireland and the wider world.”

And that:

“This review is an opportunity to reflect on how we can continue to serve

the interests of the Irish people, contributing to their security, prosperity

and wellbeing, and the promotion of our values, through an active

international engagement”.

Given the tight time scale involved, Congress has had limited

opportunities to consult widely with trade union members but offers this

brief submission based on our international work and having consulted

with our Global Solidarity Committee.

Galway Platform

Congress was among the 23 of Ireland’s leading human rights groups

brought together by The Irish Centre for Human Rights at NUI Galway to

adopt a common vision for human rights in Irish Foreign Policy. Launched

in January 2014, the Galway Platform on Human Rights in Irish Foreign

Policy sets out the basic human rights standards and practices by which

Ireland should be held to account in its dealings with other countries, as

well as in its activities at EU and UN levels.

The Galway Platform contains 47 specific observations and proposals to

government in the context of the current consultation on a review of Irish

Foreign Policy being undertaken by the Department of Foreign Affairs and

Trade. These are realistic and measured recommendations intended to

ensure that Ireland holds true to the human rights commitments that it

has freely entered into.

The protection of human rights is integral to Ireland’s foreign policy and

Ireland now has the opportunity to significantly enhance its capacity to

promote and protect human rights worldwide as well as at home. The

recommendations also emphasise the need for human rights to be

mainstreamed across every aspect of foreign policy. We are putting the

Galway Platform recommendations to government so that Ireland can be

an international champion of human rights to make us proud.

Policy Coherence

Dealing with the issue of how our foreign policy and economic diplomacy

can support Irish economic development and growth, and the how a

commitment to international development and human rights could be

better reflected across Ireland’s foreign policy, gets to the heart of the

need to address the issue of policy coherence. Congress has been to the

fore in highlighting these sometimes competing objectives, including in

the following instances.

Most recently, in our contribution to the recent public discourse as to

whether trade missions were suitable contexts to raise issues of human

rights, we pointed out that we welcomed such delegations and the

important role they can play in job creation and possible recovery here.

However, statements that “it was not an appropriate forum to raise

human rights concerns” were very disappointing from a human rights

perspective but also a failure to recognise the fact that the Ministerial

Declaration adopted at the first Ministerial Conference of the World Trade

Organisation (WTO) (Singapore, 9-13 December 1996) stated that:

"We renew our commitment to the observance of internationally

recognised core labour standards."

The fourth Ministerial Conference (Doha, 9-14 November 2001)

reaffirmed this commitment. These standards were further upheld in the

International Labour Organisation (ILO) Declaration on Fundamental

Principles and Rights at Work, adopted by the 174 member countries of

the ILO in June 1998 and in the Declaration on Social Justice for a Fair

Globalisation, adopted unanimously by the ILO in 2008.

There have been many reports of serious and widespread human right

violations in all three countries visited by the Irish delegation and we

pointed out that the delegation could have used the opportunity

presented by the visit to draw the attention of the authorities in Qatar,

UAE and Saudi Arabia to their obligation to observe and respect core

labour standards and to suggest that they request that the ILO intensify

its work with the Governments concerned and provide a report to the

WTO General Council on the occasion of their next trade policy review.

Also, as a member of the United Nations Human Rights Council, a degree

of leadership from Government on such issues might have been expected.

We concluded by saying that one of Ireland’s greatest assets is our

universal reputation for solidarity with the world’s poorest and most

vulnerable. In this regard, our development aid policy has been officially

defined as a “practical expression of our values as a nation”. Trade

missions are greatly facilitated by this ‘reputational capital’. Sadly, this

capital is undermined when our representatives signally fail to

acknowledge human rights abuses and to stand up for our values as a

nation.

Likewise, following the launch of the new policy for international

development, “One World, One Future”, we pointed to similar policy

tensions. Congress, while welcoming the reference to decent work - the

new policy states that Ireland "strives to ensure economic

development compatible with our commitment to decent work and

gender equality” - and the overall goal of sustainable development and

inclusive economic growth, noted our regret as to the absence of any

such references in the “Africa Strategy” which the new policy commits to

further implementation. This omission appears to be inconsistent with the

“Whole of Government” and coherence policy espoused in “One World,

One Future”. One could draw the conclusion that Ireland’s trade interests

are now to trump our human rights commitments.

We hope that this is not in fact the case and that the current review of

our foreign policy will reiterate such a stance and perhaps begin to

develop policies and mechanisms to ensure the integration of our trade

and human rights concerns in future trade delegation visits.

We support the Dóchas proposal that Ireland should vigorously promote

policy coherence as an important lens and mechanism by which Ireland

can bring focus, rigour and fairness across policy areas, and to its foreign

policy and external relations overall. Ireland should identify incoherent

positions and practices across Government, and set out how it will

remedy them, if it is to achieve a dynamic balance between its global

interests in sustainable development with enhanced human rights, peace

and security, and narrow trade or investment interests.

Irish Aid and Decent Work

It is our view that Irish Aid is quite rightly recognised as a world leader in

delivering a high quality aid programme which delivers clear results for

the world’s poorest people. Ireland has taken a leadership role in the fight

against global hunger; in responding to humanitarian emergencies and

developing strong systems of accountability. Irish Aid has also indicated

the need to adapt to emerging challenges such as rising food and energy

prices, climate change and the global economic crisis and we broadly

agree with the new policy – One World One Future – launched in 2013.

Congress particularly welcomes the reference to decent work and the

overall goal of sustainable development and inclusive economic growth.

Congress is very pleased with the engagement of Irish Aid in the whole

decent work agenda. Decent work sums up the aspirations of people in

their working lives. It involves opportunities for work that is productive

and delivers a fair income, security in the workplace and social protection

for families, better prospects for personal development and social

integration, freedom for people to express their concerns, organize and

participate in the decisions that affect their lives and equality of

opportunity and treatment for all women and men.

Decent work is the key to poverty reduction and trade unions focus on a

strategy for fair development, built on four main goals:

- To enable workers to build democratic and accountable unions,

states and institutions

- To secure equality and social justice through the trade union

movement

- To support vulnerable workers to help to improve their working

lives

- To ensure that international trade and investment promote

decent work

While Decent Work was not specifically included in the Millennium

Development Goals, the UN General Assembly resolution of 2005 stated

that:

“We strongly support fair globalization and resolve to make the

goals of full and productive employment and decent work for all,

including for women and young people, a central objective of our

relevant national and international policies as well as our national

development strategies, including poverty reduction strategies, as

part of our efforts to achieve the Millennium Development Goals.”

We believe that economic growth without workers’ rights, social

protection and a voice in decision making does not amount to

development. Trade Unions have an important role to play in international

development. We have made the case in previous submissions that any

post MDG framework beyond 2015 includes a very specific goal of Decent

Work for all and we were very pleased when Minister of State, Joe

Costello, T.D., agreed when speaking on a number of occasions, he said:

“Decent Work must be a stand-alone Goal in any Post 2015

Development Agenda”

It is our belief that decent work can make a huge contribution towards

tackling the problems the world faces - inequality in countries and

between countries; insecurity; and the failure to build on democratic

progress to build a world free of dictatorship and oppression.

Other welcome Irish Aid initiatives in support of decent work include:

Support for Congress development education programme - an

important mechanism for engaging trade unions and their members

in development discussions;

Co-financing of our trade union capacity building programme with

the Lesotho Congress of Democratic Trade Unions;

Funding of the ITUC coordinated project on building an independent

trade union movement in Burma/Myanmar

The continued engagement with the ILO including the partnership

programme which aims:

"to contribute to the realisation of Decent Work for All, with a

focus in a number of selected countries, by promoting and

supporting women's entrepreneurship, working to improve

employment opportunities for people with disabilities and

implementing action against forced and child labour."

Decent Work – under attack

We would like to use this submission to draw your attention to increasing

attacks on the whole decent work agenda internationally.

In relation to the Post 2015 Development Framework to replace the

Millennium Development Goals, the "Report of the High-Level Panel of

Eminent Persons on the Post-2015 Development Agenda” stated the

following on this topic:

"The ILO’s concept of “decent work” recognizes and respects

the rights of workers, ensures adequate social protection and

social dialogue, and sets a high standard toward which every

country should strive. However, it has become clear that there

can be middle ground for some developing countries, where

“good jobs” – those which are secure and fairly paid – are a

significant step towards inclusive and sustainable economic

development. The conditions of labour markets across

countries differ so much. There is no ‘one size fits all’

approach – good jobs and decent jobs will both be needed in

the next development agenda." (pp. 46-47)

The report thus proposes watering down the ILO's decent work agenda, in

this case by borrowing the nebulous "good jobs" concept introduced by

the World Bank's "World Development Report 2013" as "middle ground

for some developing countries". We hope Ireland won’t support such

language and watering down of internationally agreed concepts of decent

work and any opportunity you have to raise this would also be most

appreciated.

We would also like to alert you to the serious situation faced by the

International Labour Organisation. The Employers’ Group in the

Committee on Application of Standards precipitated a crisis by challenging

the independence of the long-established and authoritative Committee of

Experts on the Application of Conventions and Recommendations

(CEACR), a group of highly qualified persons, vetted and appointed

through the tripartite Governing Body of the ILO.

Since June 2012, there have been a number of discussions in the ILO

Governing Body, ‘informal discussions’ with Experts and tripartite

consultations. The Swiss Government facilitated, to no avail, an attempt

to reach a consensus on a way forward.

To date, the Employers have not fundamentally altered their position. The

Employers simply refuse to defer to the observations of the Experts, while

at the same time refusing to avail themselves of the judicial means

available under the ILO constitution to challenge those observations,

which creates great instability for the entire ILO supervisory system.

While not binding, as only the International Court of Justice can issue a

legally binding interpretation of a Convention under the ILO Constitution,

the work of the supervisory system, particularly the ILO Committee of

Experts, is recognised as having persuasive validity and should stand in

the absence of higher authority.

Instead, they continue to insist that the Experts’ reports state clearly that

they have not been approved by the tripartite constituents. This is part of

their effort to put the political bodies, rather than independent experts, in

charge of interpreting the conventions. The Employers do not find that the

existing, detailed statement of the Experts’ mandate already found in the

reports is sufficiently clear and thus want a “clarification”, “Statement of

Truth”, or “disclaimer” which defines to the Employers’ Group satisfaction

the mandate of the Committee of Experts and the legal status of their

opinions.

The effective cornerstone of the ILO for many decades, its Supervisory

System, is under threat. The ILO was founded by governments with the

foresight to provide a unique and tripartite forum where labour matters

and concerns could be discussed in a mature and respectful context and

balances between diverging interests sought. Without it, workers are left

without this important recourse to justice and fairness.

Congress urges you to make your support for the ILO and its Supervisory

System known in all relevant international fora as an expression of our

continued support for multilateralism and our values as a country.

Climate change

Congress works actively with the ITUC in positioning the labour

movement in the climate agenda internationally – on the need for a fair,

ambitious and binding agreement in the UNFCCC, on emission reduction

targets and differentiated responsibilities, on financing climate policies,

among others – and on developing a comprehensive strategy for a “just

transition” for workers and communities to ensure we all are part of a

sustainable, low-carbon economy and benefit from decent and green jobs.

Climate change is real, is increasing in impact and will result in greater

devastation, displacement, job loss and social despair if we don’t act.

Science cannot be clearer, but despite this nations again put self-interest

and short-termist behaviour first at the Warsaw climate talks in November

2013. Congress is of the view that we cannot go to Lima with such low

ambition. Trade unions worldwide will step up our efforts and mobilise to

ensure working people demand climate action with investment in

greening all industries to drive sustainable jobs supported by Just

Transition measures – a critical strategy for ensuring workers are fully

involved in the transformation needed to save our climate.

Also at the recent session of the Open Working Group on Sustainable

Development Goals that focused on environmental issues, Trade Unions

discussed with governments the best way forward in the two related

international processes (the SDGs discussions and the Climate Change

negotiations), in order for one process not to hinder the other. The time

frame for decision making is difficult and due to this and other reasons,

the majority of governments expressed the convenience to mainstream

the issue in the Sustainable Development Goals and to discuss a global

goal in the Climate Convention. The most vulnerable countries reminded

that mainstreaming is fundamental. Targets for emissions reduction and

funds for adaptation policies paid by the contaminators are essential to

build just societies. Trade unions hope that governments will respond to

the climate challenge with the necessary ambition and responsibility in

both processes.

Finally at European level, the ETUC has made the case that Europe needs

to increase its ambitions and climate protection goals in concert with a

Sustainable New Deal. The recently launched European Commission 2030

framework for EU climate change and energy policies - a new package

which sets new climate and energy objectives for 2030, is positive in that

greenhouse gas emission reductions and renewable energy targets are

binding, giving a longer term perspective to economic and social

stakeholders. However, in relation to the ambition of the 2050 roadmap

short-term rather than long-term vision prevails. The ETUC pursues

corporate responsibility and social dialogue on sustainable development

issues within the EU.

Congress would like to see real leadership on this issue from Ireland.

Once again it is not only the right thing to do but also in our interests.

Country specific engagement

Congress has had a long series of engagement with the Department on

country specific issues in relation to serious violations of workers’ and

human rights. Amongst these countries and our concerns are:

1.Palestine

Congress has had a long standing engagement with you on the issue of

Palestine since the visit of a Congress delegation to the region in 2007.

The delegations recommendations were unanimously supported by the

Congress Executive Council and included support for the Palestine Civil

Society call for Boycott Divestment and Sanctions on Israeli goods and

services. We would like to reiterate our concerns about developments in

Palestine, including:

Our concerns at the continued expansion of Israeli

settlements in the West Bank which mark a dramatic

escalation- an escalation that represents a further impediment

to achieving the EU’s stated commitment to a two state

solution. We welcomed your call in October 2011, when you

stated that you would “support any move at EU level to

exclude settlement products from entry to the EU”. However,

since that time there has been little evidence of concrete

actions from the Irish government to support those

statements, despite the dramatic increase in settlement

expansion in the West Bank. By contrast, other EU member

states, such as the UK, Denmark, and most recently the

Netherlands have already taken significant action by

introducing labelling guidelines for settlement products. While

the most effective and impactful action would be to ban goods

from settlements, introducing labelling would be an important

first step in the right direction. It is our understanding that to

date, Ireland has not yet proposed taking any national action

on settlement trade, and has not formally proposed

introducing an EU-wide import ban at the EU Foreign Affairs

Council. By making statements on a settlement trade ban

while not taking any concrete actions, Ireland is in danger of

undermining our position as a credible and respected voice on

this issue. Given the worsening situation on the ground, we

hope that Ireland is using its position to raise these matters

within the EU Foreign Affairs Council.

The destruction by Israel of the basis for the two-state

solution is now further underlined by the World Bank in its

new report on economic conditions in the 61% of the West

Bank designated as “Area C”, the area under full Israeli

administrative and security control (World Bank Report No.

AUS2922: West Bank and Gaza. Area C and the Future of the

Palestinian Economy, October 2013).

The disastrous economic consequences of deliberate Israeli

actions in Area C highlighted in this report have been further

impressed on us by the Palestinian General Federation of

Trade Unions (PGFTU) who, during a recent visit to Dublin,

urged us to draw your attention to the findings of the report.

We are sure you will agree that it is scandalous that Israel is

denying Palestinians access to their own land in Area C and

throttling Palestinian economic development by so doing. As

a result Palestinians have been forced to rely on large

amounts of international support. In our view it is imperative

that the EU use its economic power to force Israel to end its

economic strangulation of the West Bank and we urge you to

seek such action at EU level.

The ongoing blockade of Gaza by Israel, termed “collective

punishment” by the UN, and the installation of a wall aimed at

blocking tunnels between Gaza and Egypt - through which a

reported 60% of the economy in the Gaza Strip depends - has

added to the economic desperation of most Palestinians. Only

around 35% of Gaza’s industry is able to function while the

number of exit permits approved by Israel is only 1% of the

number from 2000. Throughout 2010, as in previous years,

many Palestinians were detained during attempts to work

illegally in Israel, fined and deported.

Due to the political strife in Gaza between Hamas and Fatah,

with each side describing any union activity as politically-

motivated, any normal daily exercise of freedom of

association or collective bargaining is extremely difficult.

Discrimination hinders organising of women workers: Women

workers receive some 60% of the wages of their male

counterparts, and wages are the lowest in sectors that are

predominantly female, such as agriculture and services.

Security issues, legislative discrimination and cultural issues

deter more women from entering the labour force. Women

make up less than 15% of employees in the Palestinian labour

market according to the Palestine General Federation of Trade

Unions (PGFTU), and most of them are unorganised.

Some 22,000 Palestinians work in Israeli settlements in

construction, agriculture, manufacturing and service

industries with another estimated 10,000 working informally.

In 2010 it was reported that the Palestinian Authorities (PA)

announced a ban prohibiting Palestinians from working in

West Bank settlements as part of a wider campaign that

included a national boycott of settlements. However, the

Palestine General Federation of Trade Unions (PGFTU) stated

that they would not stop workers from working in settlements

until the PA could provide alternative employment.

Palestinians working in these areas were employed under

Jordanian labour law until 2007 when a court ruled that Israeli

law applied equally to both Israeli and Palestinian workers,

thus affording Palestinians the same conditions. However, the

law is not often enforced, is poorly monitored and in the event

of abuse, it is very difficult for Palestinian workers to obtain

redress and take a case to court. In many instances

employers continue to pay Palestinian workers less than the

Israeli minimum wage, and they work in poor health and

safety conditions. While the legal minimum wage in Israel is

approximately USD 5.50 an hour, Palestinians in settlements

earn USD 2 an hour or less. Increasingly children are also

found working in settlements, often in construction with poor

safety conditions and no insurance.

We urge you to continue Ireland’s active engagement in finding a solution

to the ongoing denial of the fundamental human rights of Palestinians and

to ensure a principled approach, including implementation of UN

resolutions and the Advisory Opinion of the International Court of Justice,

regarding Palestine. Ireland should consider a bold approach on the issue,

perhaps along the lines suggested by Mustafa Barghouti on a recent visit

here when he said:

“We are hoping there will be more [support] in the future.

Recognition of the Palestinian state could become a very important

step that Ireland can take without having to wait for others. This

would be a strong contribution to the peace process if the goal is a

two-state solution.”

He wants more from Ireland. “We want a clear mechanism of

banning settlement products in Europe in general – not just

labelling them, but banning them. These products represent a

violation of international law.”

2. Myanmar/Burma:

Myanmar/Burma is at the beginning of a long path towards the

establishment of democracy and human rights. The EU must use its

leverage to encourage the additional steps it has identified, including the

unconditional release of remaining political prisoners and the end of

armed conflict with ethnic groups, over the coming years.

We continue to be alarmed by the on-going human rights violations in

Burma, including the rights of workers, which continue at alarming levels.

Forced labour remains a serious problem despite recent legal reforms and

few of those persons responsible for exacting forced labour have faced

criminal sanction. While a new law on trade unions was enacted and

entered into force in March 2012, of the several unions which are

supported by the international trade union Movement and the ITUC

affiliate FTUB, continue to experience problems registering with the

authorities.

We strongly believe that the EU and member states must require those

doing business in Burma to uphold human rights standards. Thus, in light

of the country’s still high level of corruption and poor record on human rights, we

propose binding requirements to assess and remedy any negative human

rights impact from investments; public reporting; and the creation of

effective complaints and dispute-settlement instruments, among others,

which are absolutely necessary to ensure that any new trade and

investment do not contribute to the country’s problems. These measures

are set down in the international trade union proposal on Business and

Human Rights in Burma. I would urge you to continue to seek that they

are applied as part of the engagement and constant review that the

Council has decided to undertake.

Congress greatly appreciates the ongoing support of Irish Aid for the ITIC

coordinated project to strengthen the voice of trade unions and workers

on the job and in society in order to both improve conditions for members

and workers broadly and to be effective in shaping public policy at the

local, national and international levels. Independent trade unions have

been unable to operate in Burma for decades. Today, a new legal

framework is finally in place which allows for the registration and

operation of trade unions. However, as there has been no practice of

industrial relations in the lifetime of most workers, there is an obvious

and significant need for capacity building as to organizing, collective

bargaining, membership representation, union administration, legal

support and public advocacy on issues pertaining to human and trade

union rights. The expected outcome will be the development of a strong,

cohesive and effective trade union movement where none has been

permitted to legally exist. This in turn will improve the social and

economic position of working people in Burma and contribute to a more

broadly-shared, equitable national economic development.

3. Colombia

As you are no doubt aware, the violence in Colombia directed at trade

unionists and human rights defenders, continues unabated despite

international campaigns and promises of change from the Santos

government.

The peace negotiations, on-going since October 2012, are at a crucial

juncture and it is important that they continue to receive support and

attention from the international community, not only to end the conflict

and achieve a just peace for all Colombian people but to ensure that

during the process, activists are not living in constant danger of being

killed or imprisoned for their work. Former Congress President and UNITE

Regional Secretary, Jimmy Kelly was part of a Workers Uniting delegation

to Colombia in July 2013 and met trade union and civil society activists,

and travelled around Colombia to familiarise themselves with conditions

on the ground. Despite initial optimism that the peace process would

reach a successful conclusion, events over the summer led to an

escalation of tensions and violence and conflicting messages about the

will for peace. In March, Jimmy (along with fellow Executive Council

members Patricia McKeown and Brian Campfield) will be joining a

delegation of Northern Ireland civil society representatives to Washington

DC, in a bid to raise awareness of the issues in the United States. They

are hoping to meet members of Congress to examine how we may work

together to increase international pressure to keep all parties to the

Colombian peace talks at the table while supporting Colombian civil

society in its objectives for the process. Congress supports their call to

the Minister for Foreign Affairs seeking any assistance possible in making

contact with members of Congress in that regard. We also reiterate our

request that you issue a statement of support for the peace process from

the Dáil. International support for the Colombian Peace Process is an

important dimension to supporting the efforts of those involved in the

negotiations and it is hoped that the Irish Government can use its

influence in any way possible to progress this important initiative.

As you are also aware, we have had an ongoing correspondence on the

EU Colombia-Peru Free Trade Agreement. Trade Unions here in Ireland

and across the EU were very disappointed when the European Parliament

endorsed the EU/Colombian Free Trade Agreement in December 2012.

We salute those MEPs who voted to delay the agreement and repeat our

opposition to a trade deal which has not adequately addressed the

continuing violence and harassment of trade unionists and human rights

defenders, and lacks measures to ensure compliance with international

labour rights. At the request of the EP’s committee both governments

presented Roadmaps on human rights and environmental protection,

without any consultation with local trade union confederations.

In Colombia, one of the most dangerous countries in the world for trade

unionists, CUT-CGT-CTC have not been invited to discuss the proposal.

Participation has also been lacking in Peru. The text refers to a “National

Agreement” (Acuerdo Nacional) in which many trade unions like CUT and

CATP and civil society organisations were not involved, while it also

mentions the existence of an ECOSOC that has never been set up. In

general, the two roadmaps do not address essential concerns and

concrete and binding measures regarding:

freedom of association and collective bargaining, including for

temporary workers;

an effective labour inspection system;

the implementation ILO obligations in terms of social dialogue;

an end to impunity for violence against trade unionists in Colombia,

and measures to bring solutions to the social conflicts, particularly

with indigenous communities as in Peru;

the protection of the environment in full consultation with the trade

unions and remedies to the damage caused to indigenous

communities;

The need for binding and measurable commitments agreed upon

with the social partners.

The international trade union movement is of the view that the

endorsement of the deal by the EP shows a disregard to the appalling

human rights record in Colombia and continued labour violations in Peru

and damages the EU’s reputation as a leading force in the promotion of

human rights and basic freedoms. It's unacceptable to conclude a trade

agreement when the human rights situation remains so dangerous. The

Colombian government is desperate to show its commitment to protecting

human rights defenders and prosecute perpetrators, but we have yet to

see serious changes on the ground.

The Free Trade Agreement will come into effect after it has been endorsed

by each Member State national government. Once again we reiterate that

our trade relations should never be at the expense of human rights and

we hope there will be a frank debate on the issues involved before the

Dáil votes on the agreement. A refusal to endorse the Agreement would

in our view help to incentivise the Colombian Government to ensure there

is no impunity for those who murder trade unionists, human rights

activists, teachers and others in Colombia.

4. Cambodia

Congress is appalled by the recent the violence perpetrated by members

of the police and armed forces against striking garment workers in

Colombia. In a dispute about a new minimum wage increase, one that fell

far below a living wage, Workers decided to withhold their labour on 24

December, as is their fundamental right under international law and the

Cambodian Labour Code, to campaign for a higher minimum wage.

Instead of negotiating with workers, the government decided to resort to

violence and intimidation. Heavily armed police and soldiers have

repeatedly mobilized in early January to quash the protests, leading to

violent and bloody clashes. Four workers were killed and 39 injured. 23

workers were arrested. Legal summonses have been issued for union

leaders.

Congress has called on the government to immediately release all

arrested workers, to ensure the provision of medical treatment for the

injured and to return to the bargaining table, with the representatives of

workers and employers, to reach an agreement on a just minimum wage

for the textile and garment industry. We encourage the Irish Government

to also raise this issue and seek immediate action to restore industrial and

social peace based on respect for fundamental human rights.

Human Rights and Business in Ireland

Finally, our commitment to human rights in the international arena would

be greatly enhanced by actions here at home. These should include:

1. Ireland has not adequately addressed its responsibilities outlined in

the United Nations Framework and Guiding Principles on

business and human rights. The framework emphasises a State’s

duty to protect human rights, a corporate responsibility to respect

human rights and the need to provide remedies where violations by

business entities occur. The Government has yet to issue a

comprehensive policy document on business and human rights and

should immediately initiate such a process.

2. OECD Guidelines for Multinational Enterprises

The revised OECD Guidelines for Multinational Enterprises are

a key global treaty that can potentially hold big business to

account for its impacts on workers and the environment. While

they are definitely a step forward for workers and their unions,

they have many limitations. Despite these improvements, the

biggest criticism of the guidelines is the fact that they are

effectively unenforceable. However, under the Guidelines, each

signatory government is required to set up a National Contact Point

(NCP) – a government body hearing complaints and generally

promoting the Guidelines. Out of the 40 or so signatory

governments, barely a handful have functioning NCPs (the UK NCP

is generally regarded as one of the best). The Irish NCP appears to

be little more than a bullet point in the job description of an

overworked civil servant in the Department of Jobs Enterprise and

Innovation. Up to now, it has received 4 cases – none from trade

unions - hardly surprising given the lack of promotion and

knowledge of the guidelines. The Government should greatly

enhance the NCP to play an effective role in promoting the

guidelines and encouraging their use.

3. Legislate for collective bargaining rights

‘Collective bargaining’ describes the process whereby working

people negotiate as a single group through their trade union, with

their employer, to establish the conditions under which they work.

Ireland is one of just three EU member states where workers do not

enjoy the right to collective bargaining. Every human rights

convention recognises workers’ right to unionise and take action to

protect their interests.

The Universal Declaration on Human Rights sets out

fundamental human rights and recognises ‘The right to join

trade unions and the right to collective bargaining’ (Article

23.4).

The European Convention on Human Rights specifies

trade union membership as an important political right

essential to democracy: “Everyone has the right to freedom of

peaceful assembly and to freedom of association with others,

including the right to form and join trade unions for the

protection of his interests.” (Article 11)

The Charter of Fundamental Rights of the European

Union, recognises the right to fair and just working conditions

(article 31) protection from unjustified dismissal (article 30) a

guarantee of timely information and consultation (article 27)

and to the right of collective bargaining and collective action

including the right to strike (article 28).

The Programme for Government makes the following

commitment:

“We will reform the current law on employees’ right to

engage in collective bargaining (the Industrial Relations

(Amendment) Act 2001), so as to ensure compliance by the

State with recent judgments of the European Court of Human

Rights.”

The Government without further delay should amend the law to

provide:

1) Genuine protection for employees from dismissal and other

forms of reprisals such as victimisation, from less favourable

treatment and other unfair labour practices

2) A duty on employers to have in place ‘adequate

arrangements’ for collective bargaining including the

obligation to respect their employees’ choice to collectively

bargaining through their trade union

Conclusion

In this submission, we have deliberately proposed a human rights-based

approach to foreign policy and the vigorous, systematic adoption of policy

coherence to guide Irish foreign policy. Such an approach is not only the

right thing to do but will also cements Ireland’s international profile, and

crucially advance our long-term strategic interests. For it is only in a

stable and prosperous world where people’s fundamental human rights

are respected, will a small country like our own thrive.

DJ February 2014