Labour Rights are Human Rights: James Clancy's plan

A seven-point strategy to advance the cause of workers in uncertain times

Ottawa (21 Nov. 2008) - James Clancy, president of the National Union of Public and General Employees (NUPGE), closed the Labour Rights are Human Rights International Symposium Friday by outlining a seven-point plan for the labour movement in the post-meltdown political and economic world.

He told about 150 delegates as they wrapped up three days of discussions that the global crisis gives labour an opening to advance the agenda of workers after decades of destructive neo-conservative polices.
 

James Clancy - 'An injury to one is an injury to all.'

Specifically, Clancy urged labour and allied groups to adopt the following strategy:

1. Expand the fight for rights beyond the courts.

"We cannot sit around and rely on the courts to defend labour rights," he said. When outrageous attacks on labour occur, such as Wal-Mart's closure of a tire and lube shop in Gatineau, all labour organizations, public and private, must object together.

"We need to reinforce in the minds of all Canadians that a continued legislative attack on the rights of workers threatens our democracy and our democratic institutions," he said.

2. Pick court battles carefully and fight them forcefully.

The historic 2007 Supreme Court of Canada decision declaring that collective bargaining is protected by the Charter of Rights and Freedoms was a landmark event for labour. However, some weak legal challenges have failed, hurting rather than helping the movement, he noted.

He urged unions to work with the best legal and academic experts available and to pick the best cases before going to court. "The labour movement needs to provide a forum for the brightest legal minds associated with our movement to meet on a regular basis to discuss the potential impact of labour rights and the perceived strength of all Charter challenges," he said.

3. Fight regressive legislation nationally.

"An injury to one is an injury to all," Clancy said. "A bad law, regardless of what workers and what jurisdiction it covers, negatively impacts the entire labour movement." When anti-labour laws are introduced, as they have been repeatedly by individual provinces in recent years, the entire labour movement should react as one.

"We should immediately unleash a national campaign to create a public backlash and strong political pressure against such legislation and the government that introduced it," he argued.

4. Pressure all governments to comply with international labour law.

For decades, governments across Canada have ignored international laws they have signed at the International Labour Organization (ILO). Now, even the Supreme Court of Canada is censuring their lawless behaviour, Clancy said. Specifically, he quoted from the 2007 decision, which says:

"International conventions to which Canada is a party recognize the right of members of unions to engage in collective bargaining – as part of the protection for freedom of association. It is reasonable to infer that the Charter should be interpreted as recognizing at least the same level of protection."

5. Canada must ratify ILO conventions.

Clancy said Canada has yet to ratify dozens of core ILO conventions, including declarations dealing with such basic issues as forced labour, the right to organize and bargain collectively and the establishment of a minimum wage.

"The labour movement must become more engaged in lobbying the federal and provincial governments to have a more transparent and consultative approach to ratifying ILO conventions." This is especially true now that the Supreme Court has, in effect, "constitutionalized" ILO Convention 98 covering the right to organize and collective bargaining, he added.

6. Make labour rights part of the national equality and human rights agenda.

"Labour rights are a critical component of human rights, helping to protect and promote the social and economic well-being of the human population," Clancy said. "We need greater awareness amongst our activists from equality-seeking communities that their struggle is dependent on fair labour laws."

7. Make labour rights a pre-condition of working with other progressive groups.

Labour rights do not exist in isolation, Clancy said. "Most if not all progressive organizations which the labour movement works with recognize the importance of labour rights in furthering equality and social justice," he added.

"We should encourage all allied organizations to promote labour rights as human rights amongst their membership.... We should insist that they endorse the Workers Bill of Rights and agree to promote and adhere to its principles." NUPGE