This is an auspicious year for labour rights, as the International Labour Organization (ILO) celebrates its centenary. It was established as a consequence of the Treaty of Versailles which ended World War I in June 1919. An ILO liaison office was set up in Bangkok in 1961 and the ILO regional office was transferred from Colombo to Bangkok in 1966.
The ILO is a key part of the United Nations family. In a rapidly changing world undergoing demographic, environmental and labour transitions, how do we minimise (destructive) disruption and maximise (constructive) transformation?
The standard-setting work of the ILO on labour rights has helped to advance human rights across the UN system. Today, there are nearly 190 ILO conventions (treaties), in addition to numerous protocols and recommendations. The very first convention was on limits on hours of work, and this was followed by a number of conventions protecting women and children at work.
A key value added of the ILO is its tripartite system, which integrates the activities of governments with those of employers' and workers' organisations, especially trade unions. This provides an organic system of checks and balances in terms of social dialogue, negotiation and decision-making. One innovation dating back to the 1920s involves the use of independent experts to assess and advise on the application of ILO conventions and recommendations.
As well, complaints by states and others within the ILO system are generally channeled to tripartite constituents, such as the Committee on the Application of Standards, the Governing Body and the General Conference. The Committee on Freedom of Association, meanwhile, looks into cases where the activities of labour unions are seen to be constrained or threatened. At the apex of the pressure gauge for redress is the establishment of a Commission of Inquiry, with great pressure for compliance by the concerned state.
What of the connectivity between labour rights, human rights and democracy? It is a reality that non-democracies favour the economic, social and cultural aspects of labour rights (and of human rights) more than the political side. Thus, they like to promote the "bowl of rice" rather than the "basin of rights".
For instance, while non-democracies are open to labour protection in terms of equal remuneration in the economic sphere (such as in the informal economy and agriculture), there is little or no room for the political space represented by freedom of association, through trade unions for example.
Many ILO instruments provide an anchor for democracies. For instance, ILO Conventions No.87 and No.98 on freedom of association and collective bargaining are very much part and parcel of people's participation and representation, at the heart of the indivisible nature of human rights.
What opportunities present themselves for labour rights in the context of sustainable development? Auspiciously, the 2015-30 UN Sustainable Development Goals (SDGs) have enjoyed universal buy-in from all countries -- in principle, at least. They are interlinked closely with labour rights in the form of 17 goals targeted for implementation, coupled with periodic monitoring.
For instance, in 2019, progress on implementing a number of goals with a bearing on labour rights and human rights will be reviewed by a high-level political panel under the UN Economic and Social Council. Goals 4 (education), 6 (decent work including elimination of child labour), 10 (inequality), 13 (climate change), 16 (peace/inclusive society) and 17 (cooperation/partnerships) will be reviewed through the lens of voluntary reports submitted by countries.
What of the interface with new technology? Artificial Intelligence (AI), automation and algorithms ("the Three A's"), epitomised by the advance of robots, are shaking the labour market to its core, in terms of both benefits and deficits -- transformation and disruption. Technology may offer a more productive workplace. Simultaneously, it may breed a dehumanising chimera.
The contrasts can be stark. Technology in the form of the 3 A's can yield rewards, by taking over repetitive work from workers, thus releasing them to undertake other work. Digitisation enables workers' organisations to connect more easily with workers in the informal sector, particularly those in far-away lands and on distant seas. It can also enable workers to access the wherewithal of life and market opportunities more easily, such as access to banking through mobile phones.
Yet, concurrently, the arrival of AI and automation is likely to render many human jobs redundant; AI may perform better than human workers on many fronts. Algorithms interlinked with online platforms might lead to breaches of privacy through an insidious surveillance system and discrimination against workers.
Efficient automated machines snooping on employees at work might impinge on rights at work through prying digital eyes, while technological access might infringe employees' "right to disconnect".
The ILO's Global Commission on the World of Work recently issued its findings and proposes the development of an "international governance system for digital labour platforms that sets and requires platforms (and their clients) to respect certain minimum rights and protection". It also advocates the need to establish a universal labour guarantee based on fundamental workers' rights.
This implies entitlement to life-long education to re-skill and retrain, provisioning and support built into employer-employee relationships, adequate living wages, limits on hours of work, and safe and healthy working conditions. The message for the brave new world is this: "Labour is not a commodity, nor is it a robot."
The crux is to uphold a human-centred approach -- with "humans in command". The ILO's role is thus pivotal for a shared transformative future.
Vitit Muntarbhorn is a Professor Emeritus with the Faculty of Law at Chulalongkorn University in Bangkok. He was formerly a UN Special Rapporteur, UN Independent Expert and member of UN Commissions of Inquiry on Human Rights. He also assists the ILO.
