Posted By Philip McAleenan
Hi Kieran,
Conventions such as these have no binding power on member countries and are usually constructed in such a manner that when a country does ratify it, it still doesn’t make law. It does however provide citizens and interest groups with support to push their government, (whether they have ratified or not) to move towards implementing the principles contained within the conventions.
The list of ratifications of this convention to date are:-
Cuba, Czech Republic, Denmark, Finland, Japan, Rep. Of Korea, Niger, Spain, Sweden, and the UK.
And though China has not ratified this convention, their constitution (Art 42, Right and Duty to Work) states:
“Through various channels, the state creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits”.
Large multinationals have power to influence the safety and health practices, if not in the host country, at least in respect of how they operate their business in that country. Thus if they decide to assess and control hazards in a manner that is above and beyond the local legal requirements, they can do so. In fact if you have a look at the OECD principles of corporate governance, you will see that the rights of stakeholders (and that includes workers) have to recognised and respected. Again, though China is not yet a member of the OECD there is a process of enhanced engagement between OECD and China in order to strengthen co-operation.
So like many other situations, it is not simply a matter of having a specific law to decide whether something ought to be done or not, but rather it is a combination of a range of factors that are all driving towards improved conditions, and those in a position to do so should take the initiative and lead the way, whether obliged by law or not. And of course diplomacy rather than legal coercion will win people over.
Hopefully this helps,
Philip