|
|
A dossier of weekly information published by the International INTRODUCTION: In this issue we complete the publication of the debates of the 12th Conference of the ILC In Defense of the ILO Conventions and Trade Union Independence, which met in Geneva last June 11. In his concluding remarks to the Conference, which you will find in this issue, Daniel Gluckstein noted that the responsibility of this conference was to organize on an international level this debate on the following themes: "-- Should the workers' movement integrate itself into world and workplace governance? -- The stakes of the international trade union regroupment of November 1 in Vienna. -- The question of trade union independence in relation to states, governments, and regional institutions. -- The question of the threats to the ILO and its conquests, as well as all the rights and conquests won by the working class. -- The question of nations, regarding the threats of dismemberment and the need to defend the unity of the nation. -- The question of the practical consequences of all this in each one of our countries." In line with the mandate of the Conference, the ILC International Newsletter has published all the proceedings of this conference. ------ Many delegates noted that very few trade unions and organizations had received all the information concerning the Vienna Congress of November 1. Thus, we are publishing below the Draft Statutes of the proposed International Trade Union Confederation. Please send us your remarks and observations. Subscribe to the ILC International Newsletter. Support the ILC! ****************************
P.1 Introduction Contact: ***********************
Daniel Gluckstein, Coordinator of the ILC I would like to make a few comments concerning the discussion. First of all: This is an indispensable discussion, which we have only begun. A comrade from Italy said: "This is a discussion that must be led everywhere we are present in the workers' movement." That is completely correct. I don't think there is a single country where most trade unionists, let alone the working class as a whole, are informed of the real content of the international trade union fusion of next November. Not a single country. This fact leads us to a conclusion: All those present today who agree on the importance of this discussion should continue and deepen this discussion wherever they organize, in all the organizations to which they belong, and in whatever forms they deem most useful. If we agree that there exists an extremely serious threat to the workers' movement and to democracy, then we must warn all those who will be affected. The first to be affected will be the trade union members in our countries. We must discuss with them what will be taking place. The role of the ILC is not to raise slogans. But we do have the role of suggesting what seems best for the working class and its independence. It is important for this discussion to be organized, so that the workers and their organization can find the appropriate answers to the situation. There are organizations that say: We will not participate in this fusion. Some say: We are not in favor of it, but how can we not be there? This remains to be seen. But for now, the most important thing is for the discussion to be organized. I found today's discussion to be extremely rich. One of the things I took away from it was the formulation of a comrade who said: "We should not separate from the list of difficulties facing the working class an objective fact: the profound crisis of decomposition of the capitalist system. He was right to raise this issue. Evidently, the root of all the attacks against the working class is the fact that the regime based on the private ownership of the means of production is no longer able to function with "business as usual" and thus resorts to anti-democratic attacks to lower what it calls "labor costs." The principal way to lower labor costs is to destroy the collective rights and the organizations of the working class linked to these rights. The comrade was right to underline this and underline the fact that everywhere the conquests of the workers are being undermined, if not destroyed. A comrade was right when he said, "Let's not be naive: let's not idealize the ILO conventions." But this applies to everything. In my country, there is an important conquest called Social Security, which unfortunately has been undermined, making it much worse than when it was created. This is true. In my country, as in all countries, the labor code is worse than it was 10 years ago. A whole series of conquests are being undermined. There is certainly a negative evolution, but this doesn't mean that because the offensive against the working class and democracy is more violent than ever, putting into question all the conquests, the working class must accompany this decomposition. To the contrary, I think that in a more difficult situation than ever, the working class must fight to preserve what exists and reconquer what it has lost. This is the discussion we must lead. Of course, very contradictory elements exist. I was struck by the number of comrades who spoke of important strikes in recent weeks and months. I had heard of some, others not. In Bangladesh, Germany, Pakistan, Burkina Faso, Burundi, France, Italy, and Chad extremely important strikes have taken place. To all those who say that the class struggle is a thing of the past, we say no. The working class, confronted with exploitation and the undermining of everything constituting it as a class, has no choice but to defend itself. To survive it must fight back. Several comrades indicated that the strikes obtained a certain number of results, winning a few demands. These are the laws of the class struggle. I place a great deal of importance on the strike which Rubina spoke of, in which women were principally involved, in the extremely difficult situation of the country. In France, also, the movement was led principally by the youth. In both cases, women and youth, it was the sectors apparently less directly organized by the working class that played a central role. Taking into account these facts, we have the right to say: We have not lost. The workers fight back. We have not lost, but we have not won. For example, in relation to France, many comrades have said: The movement against the CPE was outstanding. That's true. It was a movement of millions and millions. The youth brought in the parents, the professors, all the workers organizations and it's true that the government was forced to retreat. The government was forced to retreat only when this seemed to be the only way available to prevent a general strike, which threatened to smash not only the CPE, but all the attacks against the working class and the youth that have been imposed in recent months and years. It is necessary to tell the truth: If the leaders of the main union confederations had launched a united call for a general strike throughout the whole country, the government would have been forced to retreat much farther than it did regarding the CPE. The fact that this didn't happen means that the government retreated on the CPE but later redoubled its attacks in other domains, to implement all the destructive plans dictated by the European Union. Thus, it is a very contradictory situation. It's true that the movement of millions forced the government to retreat. But that's not the whole story. The government is still attempting to destroy all conquests, and many organizations still say: "There is no alternative, we have to accompany this." The internal structural reforms in the workers' organizations accompany this process. But it would also be false to say: They're destroying everything, there is no resistance. Millions have been in the streets. They will be ready return to the streets tomorrow. I think this is true everywhere. I heard the German comrade, who spoke of an extremely powerful strike that wasn't able to prevent the negotiation of contracts commune by commune. This strike was able to push through victories, but at the same time it was not possible to maintain the unity of the working day hours throughout the Federal Republic. Both aspects are there. This is why this discussion has been important. We have said: Let's not idealize the ILO conventions conventions. True. The ILO is a tripartite system, in which the bosses work together with the bosses. Its harder and harder to defend things there. This is all true. But, is there still something to defend in the ILO system or not? Are there still conventions to defend or not? That is the discussion. The ILO has been attacked and weakened. This is true. But is there something to defend or not? This problem is posed in other domains as well. In one of the reports presented this year to the ILO, there is a passage which I had not read to you because it apparently had no relation to our discussion, but because the question came up, here it is: "In China, the dismantling of the public sector was one of the principal causes of unemployment." This is completely correct. We know that the conquests of the Chinese Revolution have been weakened, deformed, and bureaucratically confiscated as much as the ILO. But is there something to defend in the conquests won by the struggle of millions of workers and peasants, yes or no? Yes, there is something to defend. Social property. In France, is there something to defend in Social Security? Yes. Fighting to defend conquests can permit us to reconstruct all the rest. Is there something to defend in the rights and guarantees won by the workers in each of our countries? Absolutely, because if we don't defend these elements that have not been destroyed, we won't be able to win new ones. This is the discussion needed to enable to know what to do. On the one hand, there are serious problems of dislocation. What the comrade from Belgium told us concerning the division of the metal workers' federation is very serious. I did not know this had been decided on. The main element for unity in Belgium is the unity of the working class and its organizations. If the workers movement capitulates to the pressure to divide the country, then the situation in Ivory Coast will become that of Belgium tomorrow. These are problems that are present not only in Africa. In Belgium, there is now a division between the Flemish metal workers and the metal workers of Walloons. This is extremely serious. This offensive exists in other countries, even where it may be not as strong. Patrick Hebert spoke of a candidate for president who proposes mandatory unionization. He also proposes to give all power to the regions. But mandatory unionization with all power to the regions means regional unions, financed by the regions. There is nothing to envy about the situation in Belgium. Giving all power to the regions means breaking up all the rights and guarantees won on a national level. Thus, the situation is serious. I agree with what a comrade said concerning the role played by Ver.di concerning the division of the strike, putting into question the existence of the DGB as a trade union confederation in Germany. We must not underestimate this. But I also heard that a union leader who had been in favor of regionalization now says that it has gone too far, that it is necessary to reexamine regionalization. And in the CUT congress in Brazil, there was expressed concern with the international trade union congress. Comrade Shuster explained the resistance of Ursula Egelen Keffer in the last DGB congress in Germany. There is no set answer for the situation. One more thing concerning unity. We're not for unity for its own sake. I heard a comrade mention that it was unfortunate that the unions of the WFTU were not invited to the Vienna congress. Would their presence there change the nature of the congress? I doubt it. I don't think that the solution for all the problems facing us is to enter this new framework and re-orient it. I think the proposed framework is subordinated to world governance, a framework that will threaten all workers' organizations. On a certain level, it is better to have more organizations outside because, to a certain degree, this will preserve a certain form of union pluralism and, thus, democracy. We are for unity, because unity is needed for the workers to struggle. But unity means the unity of the class organizations around workers' demands. Unity with the IMF, the World Bank, the WTO, the European Union, and MERCOSUR is not the unity of the working class. Unity with the corporations is not the unity of the working class, it is the unity of governance. So, how can we move forward? I think that we have the responsibility in this Conference to make a proposal that may seem modest in form but, in my opinion, is important in content. This proposal - as made by several comrades - is to organize this debate on an international scale. Here are the three proposals: - The first is to note that a debate has begun among us and that this debate concerns vital questions for democracy and the workers' movement on the following themes: -- Should the workers' movement integrate itself into world and workplace governance? -- The stakes of the international trade union regroupment of November 1 in Vienna. -- The question of trade union independence in relation to states, governments, and regional institutions. -- The question of the threats to the ILO and its conquests, as well as all the rights and conquests won by the working class. -- The question of nations, regarding the threats of dismemberment and the need to defend the unity of the nation. -- The question of the practical consequences of all this in each one of our countries. That was the first point. The second proposal is to use the International Newsletter of the ILC to publish from now to next November 1st, and maybe later, a special weekly section concerning the discussion of the independence of the workers' movement and the anticipated international trade union recomposition. This should begin through the publication of the speeches of today's conference and should continue through contributions by labor activists here and elsewhere on this important discussion. Of course, this proposal is not exclusive and to it can be added local and regional proposals, other bulletins or publications that the comrades would like to develop in their countries, under the aegis of open discussion. I repeat: The ILC is not in competition with any existing organization. As Guido Montari said, comrades who had a certain point of view 5 years ago, think differently now. Thus, we are not here to condemn or support this or that, we are here to discuss with all who come from the workers' movement. The third proposal would be to mandate the Bureau of the ILC to propose (I'm not sure yet under what form) and write what could be a letter to all the delegates of the congress, which raises these problems (a type of synthesis of our discussion here) and allows us to discuss with them. I would like to insist on this last point. The calendar concerning the decision-making on this process is, in general, not known. Even the available information is not distributed to workers' activists. Thus, there is lot's of work to be done. I think we will be able to make an important contribution. In the framework of the Vienna congress, another conference is set to take place: In March 2007, a conference will aim to "reform" the ILO. These are the three proposals I make to this conference today.
DECLARATION OF PRINCIPLES The International Trade Union Confederation (ITUC) salutes the sacrifice and conquests of generations of working women and men who through their trade union struggle have fought for the cause of social justice, freedom, democracy, peace and equality. It pledges to carry forward their struggle for the emancipation of working people and a world in which the dignity and rights of all human beings is assured, and each is able to pursue their well-being and to realise their potential at work and in society. The Confederation recognises the urgent need to transform social, economic and political structures and relations which stand as obstacles to that vision. It assumes the task of combating poverty, hunger, exploitation, oppression, and inequality through the international action required by the conditions of the globalised economy, and for its democratic governance in the interests of labour, which it holds superior to those of capital. The Confederation exists to unite and mobilise the democratic and independent forces of world trade unionism in giving effective representation to working people, wherever they work and in whatever conditions. It is committed to provide practical solidarity to all in need of it, and to confront the global strategies of capital with global strategies of labour. The Confederation considers universal respect of the rights of workers, and access to decent work as indispensable to just and sustainable development. Their denial anywhere constitutes an immediate threat to human security everywhere. The Confederation commits itself to promote and to act for the protection of democracy everywhere, so that the conditions for the full exercise of all human rights, universal, indivisible and inalienable, may be enjoyed by all. It shall defend everywhere collective rights and individual liberties, including freedom of thought, _expression and assembly. The Confederation further commits itself to securing comprehensive and equitable economic and social development for workers everywhere, in particular where poverty and exploitation are greatest. The Confederation condemns all forms of discrimination as an affront to human dignity and to the equality into which each person is born and has the right to live, and pledges to uphold respect for diversity at work and in society. The Confederation upholds fervently the maintenance and strengthening of peace and commits itself to a world free of weapons of mass destruction and to general disarmament. It proclaims the right of all peoples to self-determination and to live free from aggression and totalitarianism under a government of their own choosing. It rejects recourse to war to resolve conflict, and condemns terrorism, colonialism and militarism, as well as racism and sexism. The Confederation expresses unwavering support for the principles and role of the United Nations, and for its unique legitimacy and authority to stand as an effective guarantee of peace, security and development, commanding the respect and adherence of all in the international community. Unitary and pluralist, the Confederation is open to affiliation by democratic, independent, and representative trade union centres, respecting their autonomy and the diversity of their sources of inspiration, and their organisational forms. Its rules are to guarantee internal democracy, full participation of affiliates, and that the composition of the Confederation's governing bodies and its representation respect its pluralist character. The Confederation's decisions are taken, and its activities implemented, in full independence of all external influence, be they state, political, employer, religious, economic, or other. AIMS The Confederation is inspired by the profound conviction that organisation in democratic and independent trade unions and collective bargaining are crucial to achieving the well-being of working people and their families and to security, social progress and sustainable development for all. It has been the historic role of trade unionism, and remains its mission, to better the conditions of work and life of working women and men and their families, and to strive for human rights, social justice, gender equality, peace, freedom and democracy. More than ever in its history, confronted by unbridled capitalist globalisation, effective internationalism is essential to the future strength of trade unionism and its capacity to realise that mission. The Confederation calls on the workers of the world to unite in its ranks, to make of it the instrument needed to call forth a better future for them and for all humanity. It shall be the permanent responsibility of the Confederation: To defend and promote the rights and interests of all working people,
without distinction, and to obtain, in particular, a fair return for
their labour in conditions of dignity, justice, and safety at work and
in society in general. To promote the growth and strength of the independent and democratic
trade union movement. To be a countervailing force in the global economy, committed to securing
a fair distribution of wealth and income within and between countries,
protection of the environment, universal access to public goods and
services, comprehensive social protection, life-long learning and decent
work opportunities for all. To make the trade union movement inclusive, and responsive to the views
and needs of all sectors of the global workforce. o It shall combat racism, xenophobia and exclusion and defend the rights
and interests of migrant workers and their families and work for tolerance,
equality and dialogue between different cultures. To mobilise the strength, energy, resources, commitment, and talent
of its affiliates and their members in the achievement of these goals,
making trade union internationalism an integral part of their daily
work. The Confederation pledges to pursue these goals with determination, and in accordance with the enduring trade union values of solidarity, democracy and justice. It will not desist from their achievement nor be deterred by the enemies of progress, sure in the conviction that it lies in the hands of working people to determine their own future. MEMBERSHIP Article I: Affiliation (a) All democratic, independent and representative national trade union centres adhering to the Constitution of the Confederation shall be eligible for membership. (b) The General Council shall have the power to decide on applications for affiliation. It may admit organisations into membership where it is satisfied that the applicant meets, both in its principles and its practices, the criteria established in Article I (a), and that its affiliation is desirable and in the interests of the Confederation. (c) The General Council shall decide on applications for affiliation by a majority of three-quarters of its members and report its decisions to the Congress for ratification. Article II: Rights and Responsibilities (a) Member organisations shall have equal rights and responsibilities. Each has the right to be regularly informed of, and to participate in the life and the activities of the Confederation in line with the provisions of this Constitution and to receive the solidarity and assistance of the Confederation in case of need. (b) Member organisations shall retain their full autonomy at national level. They shall be responsible to take into account in their policy formulations the decisions of the Congress and governing bodies of the Confederation, to keep the Confederation informed of their activities, and to fulfil their financial obligations to the Confederation. Article III: Withdrawal (a) An organisation shall have the right to withdraw from the Confederation subject to giving three months notice. (b) In order for a notice of withdrawal to be valid the organisation should not be in arrears with respect to the payment of affiliation fees. An organisation which ceases affiliation with arrears owing to the Confederation becomes liable, in the event of its subsequently applying for re-affiliation, to the payment of an entrance fee of an amount to be fixed by the General Council. Article IV: Suspension and Expulsion (a) The General Council shall have the right to suspend, and the Congress shall have the right to expel, any member organisation for action, or lack thereof, deemed by those bodies to be in violation of this Constitution, or against the interests of the Confederation. Provision shall be made for a hearing of charges before a decision is rendered, on the basis of a procedure laid down by the General Council. Decisions shall be taken by a majority of three-quarters of General Council members, or of the Congress. (b) Where an organisation is suspended from membership, the mandates of its representatives in the Confederation's statutory bodies shall expire automatically. RELATIONS Article V: Associated Organisations (a) The General Council may grant the status of associated organisation to national trade union centres which, though subscribing to the Declaration of Principles and the aims of the Confederation, are not, for the time being, in a position to be affiliated. Such status will be granted with a view to assisting them to overcome obstacles to affiliation. (b) The General Council shall take decisions on associated organisation status based on the procedure in Article I, and shall subject such decisions to review at least once every two years. (c) Associated organisations shall have the responsibilities set out in Article II(b) except that they shall have no financial obligations towards the Confederation. (d) The General Council shall determine the conditions under which associated organisations may participate in the activities of the Confederation and at Congress. Article VI: Global Union Federations (a) The Confederation recognises the autonomy and responsibility of the global union federations with regard to representation and trade union action in their respective sectors and in relevant multinational enterprises, and the importance of sectoral action to the trade union movement as a whole. (b) Concerned to ensure the greatest possible degree of cohesion and effectiveness within the international trade union movement, the Confederation shall establish a structured partnership with the global union federations, the forms and operating methods of which shall be determined in agreement with them. Global union federations, of which one per sector shall be recognised by the Confederation, shall be represented, with speaking rights, in the latter's governing bodies. Article VII: The Trade Union Advisory Committee to the OECD (TUAC) The Trade Union Advisory Committee to the OECD (TUAC) shall be invited to participate in the structured partnership with the global union federations and to be represented, with speaking rights, in the Confederation's governing bodies. CONGRESS Article VIII: Ordinary Sessions (a) In the determination of the programme and policy of the Confederation and in the interpretation of this Constitution, the supreme authority shall be the Congress. (b) Ordinary Congress sessions shall be convened at least once every four years. Their date and place shall be fixed by the General Council on the basis of proposals made by member organisations, and shall be communicated to member organisations not later than twelve months prior to the Congress. (c) The Congress shall consider and decide upon: (i) reports on activities of the Confederation, including financial reports; (ii) general trade union policy questions; (iii) proposals for the activity of the Confederation during the period to follow; (iv) proposals for amendments to the Constitution; (v) any other proposal submitted by member organisations; (vi) reports on the activities of the regional organisations; (vii) reports on the structured partnership with the global union federations and TUAC. (d) The Congress shall elect the General Council, the General Secretary and the Auditors. Article IX: Extraordinary Sessions (a) An extraordinary Congress shall be called on the authority of the General Council or if one-third of member organisations representing at least 25% of the Confederation's membership apply for it. (b) In such a case the General Council shall decide the procedure for establishing the agenda and for the consideration of proposals from member organisations, whenever it is not practical to apply the normal procedure as laid down in this Constitution. Article X: Composition (a) The Congress is composed of delegates representing member organisations, subject to the provisions of Article XXXII, on the basis of their paying membership and according to the following scale: Up to 50,000 members 1 delegate Between 50,001 and 100,000 members 2 delegates Between 100,001 and 250,000 members 4 delegates Between 250,001 and 500,000 members 6 delegates Between 500,001 and 1,000,000 members 8 delegates Between 1,000,001 and 2,500,000 members 10 delegates Between 2,500,001 and 5,000,000 members 12 delegates Between 5,000,001 and 7,500,000 members 16 delegates Over 7,500,000 members 20 delegates Article XI: Delegations and Representatives (a) Member organisations shall select their delegates taking into account the aim to actively promote and achieve gender parity in their leadership bodies and activities at all levels. Women shall constitute half of the delegations of organisations having 2 or more delegates. Any organisation which has 50,000 members or less should designate a woman delegate, if women represent 50% or more of its membership. (b) Taking into account the aim to integrate young workers into the
trade union movement, the General Council will set a target of not less
than 10% before each Congress for the level of youth participation. (d) Delegations may be accompanied by up to four advisers, who may take the floor on behalf of their delegations and with the agreement of the Chairperson but may not vote. Delegations may also be accompanied by not more than two persons who may act as secretaries or interpreters. These persons will have neither the right to speak nor the right to vote. (e) The number of representatives of associated organisations shall be determined by the General Council before each Congress. They shall have the right to speak, with the agreement of the Chairperson, but not to vote. (f) The global union federations recognised by the Confederation in
accordance with Article VI of this Constitution are each entitled to
send up to six representatives having the right to take part in the
debates but not to vote. Article XII: Observers and Guests (a) Representatives of other trade union organisations and governmental or non-governmental organisations with which the Confederation maintains friendly relations, may be invited by the General Council to attend the Congress and shall be allowed to address Congress at the invitation of the Chairperson. (b) Guests invited to attend the Congress by the General Council will be permitted to address the Congress at the invitation of the Chairperson. (c) Members of the General Council who are not members of an accredited delegation shall have the right to attend the Congress as observers and take part in the debates, but shall not have the right to vote. Article XIII: Credentials and Nominations (a) Member organisations must submit the names of their representatives to the General Secretary not later than three months prior to the Congress. (b) By the same time limit they shall submit their nominations for: Article XIV: Agenda (a) The agenda of the Congress shall be prepared by the General Council following consultations with member organisations. It shall include items as stipulated in Article VIII(c) of this Constitution. (b) The General Secretary shall communicate to member organisations the agenda not later than six months prior to the Congress, and invite them to send in proposals related to various items of the agenda. These proposals shall be so forwarded as to reach the General Secretary not later than three months prior to the Congress. (c) The proposals received shall, prior to their submission to the Congress, be reviewed by the General Council which may direct the General Secretary to circulate any or all of them to member organisations in advance to enable amendments thereto to be forwarded. In this event the General Council shall fix the time limit for submission of the amendments. (d) The General Council shall have the power to make recommendations in regard to proposals and amendments. The General Council shall be also empowered to submit proposals directly to the Congress, either on general questions or on matters of emergency which have arisen during or immediately prior to the Congress. (e) All proposals or draft resolutions submitted by member organisations after the time limit fixed in paragraph (b) shall be referred to the General Council. The General Council may decide to submit them to the Congress as in paragraph (d) above, but its decision will be final. Article XV: Statutory Committees (a) On the basis of the nominations received from member organisations and applying the principle of gender balance, the General Council shall appoint: (i) the Credentials Committee of seven members, (ii) the Standing Orders Committee of fifteen members. (b) These two committees shall be convened immediately prior to the Congress and shall submit their first reports to the first working session of the Congress. In considering these reports the Congress shall also be requested to ratify the composition of the committees. (c) The Credentials Committee shall: (i) prepare a list of persons attending the Congress; (ii) report to the Congress on the composition of delegations and on their voting power; (iii) consider any objections to the credentials of delegates; (iv) examine the eligibility of nominees for the General Council and the posts of General Secretary and Auditors and report to the Congress thereon; (v) attempt to effect agreement, in consultation with the regional organisation concerned, in cases where there are more nominations than seats allocated for those regions on the General Council and report to the Congress thereon. (d) The Standing Orders Committee shall, taking into account any recommendations from the General Council concerning the Congress programme and proposals for Congress decisions: (i) consider the draft Standing Orders and report on them to the Congress; (ii) fix the time-table and order of business for the Congress; (iii) make proposals relating to the setting-up, composition, terms of reference and agenda of special Congress committees; (iv) consider amendments to the Constitution and report on them to the Congress; (v) report to the Congress on any other questions requiring a decision for the proper conduct of its business; (vi) consider requests for the circulation to the Congress of documents or materials other than official Congress documents. Article XVI: Congress Presidency (a) The Congress Presidency shall consist of the President, the two Deputy Presidents, the Vice-Presidents and the General Secretary of the Confederation. (b) The President of the Confederation shall chair the Congress. In carrying out his or her duties the person concerned shall adhere to this Constitution and the Congress Standing Orders. (c) In the absence of or at the request of the President during a sitting or any part thereof, one of the Deputy Presidents, or in their absence one of the Vice-Presidents of the Confederation shall preside. Article XVII: Congress Secretariat The General Secretary of the Confederation shall be the Secretary-General of the Congress, assisted by the Deputy General Secretaries. Article XVIII: Voting (a) The endeavour of the Congress shall be to secure the widest possible measure of agreement on any decisions taken. When a vote is called, however, the decision of the Congress shall be by an absolute majority of delegates except where otherwise provided in this Constitution. (b) In the case of amendments to the Constitution, a two-thirds majority of delegates to the Congress shall be required, except for changes to the Declaration of Principles, Article X and Article XVIII, for which a three-quarters majority of delegates to the Congress shall be required. (c) Voting shall, as a rule, be by show of hands, but at the request of delegations representing at least 25% of the total membership credentialed to the Congress, a roll-call vote shall be taken, in which each delegation shall cast its vote as a unit. The number of votes to which each delegation is entitled shall be equal to the total membership of that organisation credentialed to the Congress. GENERAL COUNCIL Article XIX: Composition In each region, the allocation of seats shall reflect their paid membership,
territorial composition and diversity. (b) Taking into account the aim to actively promote gender parity, the General Council shall set a progressive target before each Congress, starting at 30%, for minimum women's membership on the Council. The Congress shall ensure that, in addition to the members nominated by the Women's Committee, each region contributes fairly to the achievement of this target. This provision shall apply to titular and first and second substitute membership of the Council. (c) All member organisations represented at the Congress shall have the right to participate in the arrangements for considering nominations for membership of the General Council from their particular region. A classification of member organisations by region for the purpose of the election shall be made by the General Council. (d) The General Council shall determine the procedure for proposals to be received and considered by the Women's Committee and the Youth Committee for the nomination by these committees of candidates for the members to be elected at large. (e) The Congress shall elect a first and second substitute for each member of the General Council on the basis set out above. (f) The global union federations and the TUAC shall each have the right to send a representative to meetings of the General Council. Article XX: Mandate of Members (a) The members of the General Council and their substitutes shall be regarded as representing the Confederation as a whole. Each member shall have one vote. (b) No person shall be entitled to serve on the General Council whose organisation, without valid reason approved by the General Council, is in arrears of four quarters or more with payment of affiliation fees, or who has ceased to be an accredited representative of the member organisation to which he or she belonged at the time of election. (c) The mandate of the members and their substitutes shall expire at each Congress, but they are immediately re-eligible. Article XXI: Vacancies (a) In the event of the Congress leaving a vacancy on the General Council, the Congress shall be deemed to have delegated the power of election to the General Council, full freedom as to the manner of nomination being left with the region concerned or the Women's Committee or the Youth Committee as the case may be. (b) Vacancies on the General Council arising between two Congresses among members or substitutes from different regions shall be filled as follows: (i) in the event of a vacancy arising owing to the decease or the resignation of a member or substitute, full freedom as to the manner of replacing the person concerned will be left to the organisation to which he or she belonged, subject to ratification by the General Council; (ii) in the event of a vacancy arising owing to the fact that a member or substitute has ceased to be an accredited representative of the organisation to which he or she belonged at the time of election, his or her place will be taken by a person nominated by the organisation concerned, subject to ratification by the General Council; (iii) in the event of a vacancy arising pursuant to the application of Article III, Article IV or Article XXI(b), full freedom as to the manner of replacing the member or substitute will be left to the region concerned, subject to ratification by the General Council. (c) The provisions of Articles XXI and Article XXII (b) shall apply also to the members and substitute members of the General Council nominated by the Women's Committee and the Youth Committee. Vacancies thus arising shall be filled by a person nominated by the Women's Committee or the Youth Committee as the case may be, subject to ratification by the General Council. Article XXII: Meetings (a) The General Council shall meet not less than once per year. The date of the meeting shall be notified to member organisations at the same time as to the members of the General Council. (b) In the event of a member being unable to attend a meeting of the General Council, the member shall inform the secretariat in due time. In a case when the first substitute is from the same organisation as the member, the latter shall invite the first substitute in his or her place. If the first substitute is from a different organisation from the member, the secretariat shall invite the first substitute. Should the first substitute also be prevented from attending, the same procedure shall be followed regarding the second substitute. (c) For the proper conduct of its meetings, the General Council shall adopt its own Standing Orders, without prejudice to the obligations arising from this Constitution. Article XXIII: Competence (a) The General Council shall be the supreme authority of the Confederation between congresses. It shall be responsible for directing the activities of the Confederation and giving effect to the decisions and recommendations of the Congress. (b) The General Council shall establish the annual budget and adopt the annual financial report of the Confederation. Article XXIV: Agenda (a) The agenda for the General Council meeting shall be prepared by the General Secretary and circulated with appropriate documents to reach members of the Council not less than two weeks in advance of the meeting. (b) Any member organisation has the right to submit suggestions for the agenda of the General Council, which shall decide if and when discussion of the item is appropriate. Such suggestions must be received in writing by the General Secretary not less than one month prior to the date of the General Council meeting. Article XXV: Executive Bureau (a) At its meeting immediately following the Congress the General Council shall elect an Executive Bureau composed of the President, the General Secretary and up to twenty-five titular members of the General Council, including the Chair and Vice-Chair of the Women's Committee and the Chair of the Youth Committee. (b) Taking into account the aim to actively promote gender parity, the General Council shall set a progressive target before each Congress, starting at 30%, for minimum women's membership on the Executive Bureau, applying the same principles as provided for in Article XIX(b). (c) For each member of the Executive Bureau the General Council shall elect from among its number a first and second substitute. (d) The Executive Bureau shall have the authority to deal with questions of urgency or importance that arise between any two meetings of the General Council, or which may be entrusted to it by the General Council. It shall also have the role of preparing the General Council's decisions concerning finances and the annual budget. It shall meet not less than twice a year. (e) For the proper conduct of its meetings the Executive Bureau shall adopt its own Standing Orders. Article XXVI: Committees (a) The General Council shall establish a Women's Committee and a Youth
Committee and determine their composition and terms of reference. REGIONAL ORGANISATIONS AND STRUCTURES Article XXVII (a) The Congress shall determine the regions for each of which a regional organisation or structure shall be established. The regional organisations shall be organic parts of the Confederation. (b) Only organisations affiliated with the Confederation shall be eligible for membership of a regional organisation or structure. When an organisation is suspended or expelled at world level, the decision shall also apply at regional level. (c) The regional organisations shall be autonomous in determining their policies and action regarding regional matters, while being responsible for promoting the priorities and policies of the Confederation in their respective regions. (d) The regional organisations shall establish democratic structures, with elected leaders, respecting the same principles of gender representation applying to the Confederation. Their rules shall be subject to the approval of the General Council. (e) The General Secretary of each regional organisation shall also hold the status of Deputy General Secretary of the Confederation, following confirmation of their election by the General Council. (f) The regional organisations shall have their own finance. They shall have the power to fix and collect affiliation fees from their member organisations. They shall submit their annual budgets and accounts to the Confederation for approval by the General Council. (g) The regional organisations shall be accountable for their actions to the Confederation, and shall submit annual reports on their activities and finances to the General Council. (h) The regional organisations may establish sub-regional structures to meet the needs for representation and trade union action in specific contexts. These decisions shall be subject to ratification by the General Council. GENERAL SECRETARY Article XXVIII (a) The General Secretary shall be elected by the Congress from nominations received from member organisations and shall be eligible for re-election at each Congress. Where there is more than one candidate, a secret vote shall take place, in which each delegation shall vote as a unit according to the procedure set out in the Congress Standing Orders.. (b) The General Secretary shall, ex officio, be a member of the General Council and the Executive Bureau with the right to vote. (c) The General Secretary shall be the representative and spokesperson of the Confederation. The General Secretary shall lead the Secretariat and shall be responsible for implementing the decisions of Congress and the General Council and the general administration of the Confederation. He or she shall report to the General Council and Congress on his or her activities. (d) The General Secretary shall remain in office between Congresses as long as he or she enjoys the confidence of the General Council. (e) In the event of the office of the General Secretary becoming vacant between two Congresses, the General Council shall appoint an acting General Secretary for the remaining period until the next Congress. DEPUTY GENERAL SECRETARIES Article XXIX (a) On the basis of nominations received from member organisations, the General Council shall, immediately following its election by the Congress, elect Deputy General Secretaries who shall comprise the Secretariat under the leadership of the General Secretary. The Council shall determine the number of Deputy General Secretaries and the procedure for their election where there are more candidates than posts. In the event that there are two or more Deputy General Secretaries, at least one shall be a woman. (b) Deputy General Secretaries shall remain in office between Congresses as long as they enjoy the confidence of the General Council and shall be eligible for re-election. (c) Deputy General Secretaries shall be ex-officio members of the General Council and the Executive Bureau, without the right to vote. PRESIDENT Article XXX (a) The General Council shall, immediately following its election by the Congress, elect a President. The position of President shall rotate at each Congress among the regions for which a regional organisation has been established, while taking into account the principle that the General Secretary and the President shall not come from the same region. (b) The President shall chair all meetings of the Congress and the General Council and shall have the right to attend all other meetings of the Confederation. (c) The President shall have voting rights in the governing bodies of the Confederation. DEPUTY PRESIDENTS AND VICE-PRESIDENTS Article XXXI (a) The General Council shall, immediately following its election by the Congress, elect two Deputy Presidents of the Confederation, one of whom shall serve as Chairperson of the Executive Bureau and the other as Chairperson of the Solidarity Fund Management Board. At least one of the posts of President and Deputy Presidents shall be held by a woman. (b) The General Council shall, applying the principle of gender parity, elect at least seven of its members as Vice-Presidents, including the Chairperson of the Women's Committee, the Chairperson of the Youth Committee and the Presidents of the Regional Organisations. FINANCE Article XXXII Affiliation Fees (a) The activities of the Confederation shall be financed by annual affiliation fees, payable by member organisations and calculated for each thousand members or part thereof, shall be fixed by the Congress for a period of four years, as follows: For the year 2007 Euro 182.20 For the year 2008 Euro 185.85 For the year 2009 Euro XXX For the year 2010 Euro XXX These fees shall be payable in Euro or the equivalent in other currencies. (b) Affiliation fees shall be paid quarterly in advance, on 1 January, 1 April, 1 July and 1 October of each year. Any organisation owing two but fewer than four quarters affiliation fees shall be allowed to be represented at the Congress but without voting rights. Organisations owing four but fewer than eight quarters affiliation fees shall not be permitted to be represented at the Congress. Organisations owing eight or more quarters affiliation fees shall be regarded as having withdrawn. (c) The General Council shall have the authority to fix different rates for those member organisations where general economic and social or political conditions do not permit them to pay at the full rate, without prejudice to their rights to representation or to vote. These arrangements shall be reviewed from time to time. The General Council shall moreover be empowered to exempt, in exceptional circumstances, a member organisation from paying affiliation fees for as long as such circumstances exist, its rights and privileges as an member organisation thereby not being affected. Any action taken in this connection shall be included in the report on activities submitted to the Congress for endorsement. (d) Affiliation fees shall not be receivable from member organisations in respect of which the General Council has taken action provided under Article IV. Article XXXIII: Solidarity Fund (a) The Confederation shall maintain a Solidarity Fund, financed by contributions from member organisations, to support the development and practice of democratic, independent and representative trade unionism and to come to the aid of victims of repression or other actions hostile to the practice of trade union freedoms. (b) The Fund shall operate under the authority of a Management Board elected, and in accordance with rules set, by the General Council. Article XXXIV: Other Financial Sources (a) The Congress may empower the General Council to raise levies on member organisations. In so doing the General Council shall also decide the nature, duration and purpose of such levies. (b) The General Secretary, reporting to the General Council, may decide to organise fund-raising campaigns, based on voluntary contributions, for defined purposes. (c) The General Secretary, reporting to the General Council, may, for defined purposes, apply for financing from public and private sources, in conditions which guarantee fully its independence and freedom of action. Article XXXV: Auditors (a) The Congress shall elect three auditors, at least one of whom shall be a woman. The auditors shall hold an annual audit of the accounts of the Confederation. Members of the General Council shall not be eligible as auditors. The auditors shall submit their report to the General Council and to the Congress and, after endorsement by one of these bodies, the report shall be circulated to member organisations. (b) In the event of the office of one of the auditors becoming vacant between two Congresses, the General Council shall have the authority to fill the vacancy. Article XXXVI: Expenses to be borne by the Confederation The expenses of members of the General Council and of the Executive Bureau, as well as those of the auditors in the performance of their duties, shall be borne by the Confederation up to an amount determined by the General Council. HEADQUARTERS Article XXXVII The headquarters of the Confederation shall be determined by the Congress. DISSOLUTION Article XXXVIII (a) Dissolution of the Confederation shall be by decision of a Congress especially convened for that purpose. (b) Such a decision shall require a three quarters majority of delegates to Congress. AUTHORITATIVE TEXT Article XXXVIX In the case of a conflict in meaning between different language versions of the text of the Constitution, the English text shall prevail. __________________ TRANSITIONAL ARRANGEMENTS REGIONAL ORGANISATIONS
|
Open World Conference of Workers