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No. 31

Published September 17, 2009

Revista Trabalhista Direito e Processo N. 31

Issue description

The 98th International Conference of the ILO took place from June 2nd to 19th in Geneva, Switzerland. For the first time, Anamatra represented the Brazilian labor judiciary, with its leaders joining the official Brazilian government delegation as observers.

Initially intended to discuss and deepen understanding of all forms of discrimination in employment, the ILO Director-General granted the request of member countries and exceptionally changed the purpose of the 98th Conference. Thus, while maintaining the discussions initially planned, the main focus of the Conference was to stimulate global economic recovery, job creation, and protection for workers and their families.

Several panels were held with the participation of Ministers of State, workers' representatives, employers, and governments from various member states of the International Labor Organization (currently 183 countries). A Summit meeting was held from June 15th to 17th, attended by heads of state and government, notably President Lula.

The measures presented by countries to address the global crisis varied according to the degree of impact on each, closely linked to their respective levels of development. Developed countries were reluctant to accept market-imposed restrictions, which impacted employment levels; developing and underdeveloped countries sought to avoid worsening their populations' standard of living or allowing the spread of informal work.

These discussions, however, were presupposed to implement equitable globalization as the horizon for a new world, a mechanism that mitigates the harmful effects
of deregulated globalization and prevents social dumping. The guarantee of decent work also underpinned the search for emergency and lasting solutions to govern the world of work.

The debates led to the certainty that the financial crisis, if not resolved, will plunge the world into a serious social and political crisis, with consequences that remain unpredictable for current and future generations.

Seeking a path forward, the resolution "Towards crisis recovery — A global pact for jobs" was unanimously approved. This document presents important
consensus, deliberated upon by the ILO's tripartite structure, and represents significant progress in the fight against the harmful effects of the global crisis on labor and workers. This document
proposes the creation of a new model that is less concentrated in wealth and more supportive, humane, and fair. It urgently needs to be taken into consideration by other UN organizations, including the IMF and the World Bank.

The pact, a true social safety net for workers, employers, and member countries, is organized into a set of measures to be adopted in response to the global crisis, under the following terms:

A response to the crisis based on decent work;

Principles to promote recovery and development;

Responses based on decent work;

Accelerating job creation and employment recovery, in addition to supporting businesses;

Establishing social protection systems and protecting people;

Strengthening respect for international labor standards;

Social Dialogue: bargaining collectively, identifying priorities, and stimulating action;

The way forward: shaping a fair and sustainable globalization;

ILO Actions.

Some criticism has been leveled at it, either because the proposed measures are considered insufficient or because the burden once again falls on the shoulders of workers. While it is true that workers cannot be held responsible for the crisis, it is even more true that it is urgent to rethink the paths of neoliberalism, whose expansion took the world by storm after the fall of the Berlin Wall. In any case, the ILO's leading role in establishing minimum labor standards and in finding solutions to current problems cannot be forgotten.

And it is for this reason that the Global Compact was based on two assertions: "the world must be better" and "the world must be different after the crisis." While these assertions are simple, they must
empower the dreams and work of legal professionals committed to human rights and sustainable development!

Editorial Board