Research on the establishment of regional labour standards for the SADC

Posted on May 27, 2013

Only 40 out of 200 papers was selected for presentation at the Conference. Dr Smit’s paper was entitled “Transnational Labour Relations: A Dream or Possibility in the Southern African Development Community (SADC)”.

The research, focused on the SADC with 15 member states, a combined population of almost 275 million people and that the establishment of regional labour standards for the SADC, that complies with the International Labour Organisation (ILO) core standards and rights as well the UN declaration on human rights, can lead to the improvement of the quality of life and work for every single worker in the SADC region. The basic ingredients for a regime or system of transnational labour relations in the SADC are present: all member states of the SADC have ratified the seven core ILO conventions and signed the SADC Charter on Fundamental Social Rights. These basic ingredients can be used as a framework for the establishment of a transnational labour relations system in the SADC. The unfortunate situation is that ratification of an ILO convention does not necessarily mean implementation nor does the acceptance or signing of the SADC Charter on Fundamental Social Rights mean that those principles are adhered to in individual member states.

The paper recommended that the SADC implement an independent monitoring system that has the necessary right to ensure compliance and adherence in every member state of the SADC. Such an independent monitoring system did exist in the SADC earlier, namely the SADC Tribunal, which had the right to ensure compliance with the SADC Treaty, SADC protocols and other SADC instruments. The SADC Tribunal was dissolved by the Heads of State of the SADC at the summit in 2010. This was the result of Zimbabwe, who was found guilty before the Tribunal in numerous cases of being in non-compliance of the SADC Treaty and in breach of the human rights of its citizens regarding the Land Repossession Policies of Zimbabwe. The Tribunal and the summit proved to be ineffective in taking action against Zimbabwe.

Dr Smith further argued that, as long as there is no independent monitoring system that can call member states to book for non compliance of the SADC Treaty, SADC Protocols and SADC Charter, it will remain ineffective. The political will to call a fellow member state to book seems to be absent.

It is recommended that, for a system of transnational labour relations to be effective and to be implemented in the SADC, it is necessary to have a wide range of consultations with the trade unions, employers organisations and departments of labour of every single member state in the SADC. Such a system of transnational labour relations can not work if the social partners don't agree to it and if the governments of each member state don't see the benefits thereof.

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