draft resolution模聯(lián)國際勞工組織決議草案.doc

DRAFT RESOLUTIONGeneral Assembly : Prospect of Asian Workers International Labor OrganizationReport of the Committee on Labors, employers, governments compromiseSponsors: Laos-G, Malaysia-W, Cambodia-W, Thailand-W, Philippines-W, Vietnam WSignatories: Cambodia-G, Pakistan-W, India-W, Myanmar-W, Laos-W, Indonesia-W,Singapore-W, Indonesia-EThe General Assembly,Noting with appreciation that both governments and employers have already made effort in supervision system step by step.Recognizingtheproblembroughtbythefree flowsoflaborhas causedavarietyofissuesonhumanrights,laborsphysicalsecurity,minimum wage,andsoon.Noticingthedisagreementsintheinterestoflabors,employers,andgovernments,whichinturncreatesanobstacleinsolvingtheproblem. Itisnowmosturgenttobreakthedilemmaandstrikethebalancebetweenthemultipleentities,ConcerningtheregionalpanicwithinsomeAsiancontrieswhichseverelystrikethedailylifeoflow-incomeresidentsandcausetheresidentshavenochoicebutbecomeoverseamigrationlaborsjusttomakealiving,Expressingconcernsabouttheobligationofemployerstoassisttheworkers,andthustocreateamoresteadycircumstancetocomfortthelabors;improvingthelaborsworkingconditionbyprovidingthereasonablemedicalinsuranceprojects,Claiming the role ofgovernmentstobethebridgeinthecommunication between labors and emloyers;takingactionstoguaranteethebasichumanrightsoflabors;cooperatingwiththeemployerstobetter theworkingconditionsoflabors.1. Creates a supervision system 1) Government should create a supervision system with the help of NGO and enterprises in order to assure the legality of labor source. The main part of the system is the government.a. Government should establish an institution to take charge of the system and provide financial support. b. Strictly control the border trade especially the intermediary agencies, sometimes compulsory orders should be given to investigate and affix legal liability. Thirdly, NGO should be a part of the system to over watch the operation of medium agency.c. NGO should be a part of the system to over watch the operation of medium agency.2. Establishes the database a. aiming at regulating immigrants to coordinate with the joint police program, which is under the guidance of the supervision system attached to ILO.b. The database belongs to the governments, the labors in this database may have done something illegal or their honesty records are not clean. c. only exchange information if ILO needs the information for some reasons. The safety of the database will be assured by the governments that strict restriction related to limits of authority must enter into laws. d. Besides, it will also encourage the development of Internet so that ASEAN countries can make further cooperation of brain exchange and friendly communications. 3 . Reduces the burden on the workers 1) Basic working hours should be limited and reduce the added hours. 2) On holidays, the employers should not let the workers go to work, if necessary, the employers must pay more money according to the regulations. Not all the aged people have the same physical strength so the maximum working hours should be set accordingly.3)Enhancestheworkerslegalconsciousnessinlaboroutputcountriestopreventthembeingcheated. Inthisway, theywillnotgotoworkinothercountriesonlyinthedriveofthehighsalary.Or,iftheyarethelaborsinexchangeprogram,theywillalsoknowhowtoprotectthemselveswhentheyabroad.5. Strengthens vocationalTraining1) domestictraining:a. Governmentsthatongoingworkersexchangeprogramsshouldsigncollectivelaborcontractb.Primaryschooling:Informslaborsthattheyhaverightsandteachthemhowtodefendtheirrightswhentheyabroad.2) abroadtrainings:a.emphasizesthatworkerswesentoutforfurthertechnicaleducationshouldbeprofessionallyacknowledged,withoutgender,race,ethic,religionsdiscrimination.b.holdsaconferenceeveryyeartoletskilledworkersfromdifferentcountriescommunicatetechnologyandexperiencethechanceoflearningoverseas6. Stresses labors rights consciousness1) freedom of association and right to collective bargaininga. Collective bargaining, as a way for workers and employers to reach agreement on issues affecting the world of work, is linked to freedom of association. The right of workers and employers to establish their independent organizations is the basic prerequisite for collective bargaining and social dialogue. The right to strike has been recognized internationally as a fundamental right of workers and their organizations and as an intrinsic corollary to the right to organize. Nevertheless, these fundamental rights are still not enjoyed by millions around the world, and where these rights are recognized, there continue to be challenges in applying them. In some countries certain categories of workers are denied the right of association, and workers and employers organizations are illegally suspended or their internal affairs are subject to interference. In extreme cases trade unionists are threatened, arrested or even killed.2) The elimination of all forms of forced or compulsory labora.Economiccircumstancescancompelpeopletobarterawaytheirfreedom,andlaborexploitationcanoccurinmanyforms.Butforcedlaborissomethingquitedistinct.ItoccurswhereworkorserviceisexactedbytheStateorindividualswhohavethewillandpowertothreatenworkerswithseveredeprivations,suchaswithholdingfoodorlandorwages,physicalviolenceorsexualabuse,restrictingpeoplesmovementsorlockingthemup.b.Forexample,adomesticworkerisinaforcedlaborsituationwheretheemployertakesawayidentitypapers,forbidstheworkertogooutsideandthreatenshimorherwith,forinstance,beatingsornon-paymentofsalaryincaseofdisobedience.Thedomesticmayalsoworkforanunbearablylowwage,butthatisanothermatter.Ifheorshewerefreetoleave,thiswouldnotamounttoforcedlabor-buttoexploitation.c.Anotherexampleofforcedlaborariseswherevillagers,whethertheywanttoornot,havetoprovidesubstantialhelpintheconstructionofroads,thediggingofirrigationchannels,etc.,andwheregovernmentadministrators,policeofficersortraditionalchiefsbrandishacrediblemenace3) The effective abolition of child labora. Children enjoy the same human rights accorded to all people. But, lacking the knowledge, experience or physical development of adults and the power to defend their own interests in an adult world, children also have distinct rights to protection by virtue of their age. One of these is protection from economic exploitation and from work that is dangerous to the health and morals of children or which hampers the childs development.b. The principle of the effective abolition of child labor means ensuring that every girl and boy has the opportunity to develop physically and mentally to her or his full potential. This does not mean stopping all work performed by children. International labor standards allow the distinction to be made between what constitutes acceptable and unacceptable forms of work for children at different ages and stages of development.c. The principle extends from formal employment to the informal economy where, indeed, the bulk of the unacceptable forms of child labor are to be found. It covers family-based enterprises, agricultural undertakings, domestic service and unpaid work carried out under various customary arrangements whereby children work in return for their keep.d. To achieve the effective abolition of child labor, governments should fix and enforce a minimum age or ages at which children can enter into different kinds of work. Within limits, these ages may vary according to national social and economic circumstances. The general minimum age for admission to employment should not be less than the age of completion of compulsory schooling and never be less than 15 years. But developing countries may make certain exceptions to this, and a minimum age of 14 years may be applied where the economy and educational facilities are insufficiently developed. Sometimes, light work may be performed by children two years younger4) The elimination of discrimination in respect of employment and occupationDiscriminationatworkcanoccurinmanydifferentsettings,fromhigh-riseofficebuildingstoruralvillages,andinavarietyofforms.Itcanaffectmenorwomenonthebasisoftheirsex,orbecausetheirraceorskincolour,nationalextractionorsocialorigin,religion,orpoliticalopinionsdifferfromthoseofothers.Oftencountriesdecidetobandistinctionsorexclusionsandforbiddiscriminationonothergroundsaswell,suchasdisability,HIVstatusorage.Discriminationatworkdeniesopportunitiesforindividualsandrobssociety. 7. protects the overseas migrants1)With the promotion and encouragement from local government, overseas employment has gained rapid development and has achieved some pleasing accomplishment. However, faced with certain problems and challenges, these countries with labor export emphasized on the following tasks:a. Protect workers from exploitation during the process of recruit and work, and offer appropriate aid before leaving the homeland and after returning to their own countries to readjust to the society.b. Maximize the rights and interests of emigrating workers. Broaden the legal means of remittance and ensure proper investment ways for the money.c. Enhance the establishment of relevant systems and cooperation among departments in order to deal with new problems occurred.d. Strength the communication with the countries receiving labor resource to protect workers, explore new markets and prevent illegal immigrants.e. To realize the purposes above, accelerate the flow of workers, most Asian countries with labor export put forward concerning policies and took certain actions.2) Emigration controla. Normally, it is one citizens right to leave one country, including his own home country, freely. In some Asian countries, emigration control is implemented to various extent in order to protect people who want to work a