A/HRC/34/57
favoured decentralized bargaining of exclusionary provisions less favourable than the
provisions at a higher level constituted, in this regard, a weakening of freedom of
association and collective bargaining contrary to the principles of Conventions No. 87 and
No. 98.30
31.
The fact that the Government of Spain allowed employers unilaterally not to apply
conditions stipulated in collective agreements was found not to be in conformity with
article 6 (2) of the European Social Charter, 31 while the crisis-related unilateral suspension
of a collective agreement, as undertaken by the Government of Greece, was found to be in
breach of ILO Convention No. 98. 32 In this regard, the Committee on Freedom of
Association emphasized that any urgent measure implemented in the context of an
economic crisis that restricted collective bargaining had to be of a temporary nature,
necessary, and accompanied by “adequate safeguards to protect workers’ living
standards”.33
B.
Adverse effects of adjustment programmes on labour rights
32.
Adjustment reforms undertaken to prevent, mitigate or overcome sovereign debt
crises have affected workers’ human rights on a number of occasions and in various ways.
In a study that examined data on 131 developing countries over the period from 1981 to
2003, it was found that the longer the time span during which a country was subjected to a
structural adjustment programme sponsored by IMF and the World Bank, the lower the
level of protection of labour rights in its territory. 34 Another study that analysed data from
123 developing and emerging economies found a significant negative relation between IMF
and World Bank programmes and collective labour rights, notably with regard to workers’
freedom of association and the right to collective bargaining, both in law and in practice. 35
This adds to the literature on the impact of currency crises on labour standards, which
found that such crises reduce the aggregate labour share, notably in the manufacturing
sector, and lead to a decline in real wages and higher general and youth unemployment,
among others.36
33.
Workers’ wages have very often been affected by economic adjustment reforms. A
study of 110 countries identified a negative effect of IMF financial assistance programmes
on the labour share in the manufacturing sector. 37 IMF and World Bank-sponsored
30
31
32
33
34
35
36
37
ILO Committee on Freedom of Association, Case No. 2820 (Greece), 365th report, November 2012,
para. 997; also Case No. 2947 (Spain), 371st report, March 2014, para. 453.
European Committee of Social Rights, Conclusions XX-3 (2014), Spain, art. 6 (2).
See ILO Committee on Freedom of Association, Case No 2820 (Greece), 365th report, November
2012, para. 995.
ILO Committee on Freedom of Association, Case No 2918 (Spain), 368th report, June 2013, para.
362.
Rodwan Abouharb and David Cingranelli, Human Rights and Structural Adjustment (Cambridge,
Cambridge University Press, 2007), pp. 87 and 200.
Blanton R G, Blanton S L and Peksen D, “The impact of IMF and World Bank programs on labor
rights”, Political Research Quarterly (2015) pp. 5 and 9.
See, for example, Peter R. Fallon and Robert E.B. Lucas, “The impact of financial crises on labour
markets, household incomes and poverty: a review of evidence”, The World Bank Research Observer,
vol. 17, No. 1 (2002), p. 41; Paul Maarek and Elsa Orgiazzi, “Currency crises and the labour share”,
Economica, vol. 80, No. 319 (2013), p. 583; Misbah Tanveer Choudhry, Enrico Marelli and Marcello
Signorelli, “Youth unemployment rate and impact of financial crises,” International Journal of
Manpower, vol. 33, No. 1 (2012), pp. 87-88.
James Raymond Vreeland, “The effect of IMF programs on labor”, World Development, vol. 30, No.
1 (2002), pp. 124 and 130.
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