NEDLAC PARTNERS AGREE TO LANDMARK SOCIAL-CLAUSE FRAMEWORK

2 July 1996

Nedlac's Executive Council has reached agreement on a landmark framework which, for the first time, links South Africa's trade relationships with the promotion of human rights and, in particular, workers' rights.

Nedlac Executive Director Jayendra Naidoo says the Government of National Unity has stalled the signing of bilateral trade agreements since taking office, pending discussions with its social partners regarding the social clause. "The GNU will now proceed to conclude new bilateral trade agreements."

Central to the social-clause framework is the fact that it is not a barrier to trade. Rather, it engages South Africa's trading partners in a dialogue which links human rights with trade, Naidoo says.

This is in contrast to proposals regarding a social clause advocated by the US and France at the World Trade Organisation, which are widely perceived by developing nations as being a non-tariff barrier to trade.

"The social-clause framework negotiated by business, labour and government delegates at Nedlac reaffirms the principle that economic growth and development must be underpinned by a commitment to social justice, including respect for universally recognised labour standards," Naidoo says. "The danger is that with the liberalisation of world trade and the globalistaion of the world economy, workers' rights will be downgraded to requirements below the basic acceptable levels. The principles underlying the social-clause framework mean that South Africa will champion a move to improving the rights and conditions of workers worldwide," he says.

In implementing the social-clause framework, South Africa must first ratify the seven International Labour Organisation (ILO) conventions which relate to labour standards, Naidoo says.

"Two of the conventions (freedom of association and the protection of the right to organise) have already been ratified by government, and Nedlac has recommended that three others (relating to forced labour, the abolition of forced labour, and discrimination) be ratified during the 1996 parliamentary session," he says.

Secondly, South Africa will sign a memorandum of understanding with its new trading partners which will commit both parties to ratifying, upholding and promoting the ILO's conventions on trade-union rights, collective bargaining, and fair employment practices.

South Africa would also use its leadership and presidency of the Unctad IX conference to advance the cause of universal respect for labour standards. South African delegates to the ILO are mandated to reflect the spirit of the social-clause framework and lead the initiative to enforce compliance of the conventions.

Finally, regional initiatives to promote the framework agreement will begin by having the issue put on the agenda of the Labour and Employment Commission of the Southern African Development Community (SADC), and by utilising the Social Charter of Fundamental Rights of Workers in Southern Africa to promote workers' rights.

"South Africa has committed itself to harmonising labour standards in observing the core ILO conventions. This is appropriate as the social-clause framework is consistent with the history of the struggle for human rights in South Africa," Naidoo says.

At Nedlac it was agreed that political, substantive and technical difficulties involved in promoting universal respect for labour standards called for a creative and multi-faceted strategy.

"The Nedlac secretariat will coordinate and facilitate the development of the strategy based on the commitment of business, labour and government to the social-clause framework," he says.