Social justice as a basis of universal peace

Before the signature of the Treaty of Versailles and the inception of the League of Nations, the Peace Conference appointed on the 31st January 1919 the Commission on International Labour Legislation.

The Commission paved the way for the establishment of a new and permanent organization which could translate into deeds those feelings of humanity and justice, which are a necessary guarantee for peace. In 1919 States were very preoccupied with the critical post-war situation because of the revolutionary temper widespread throughout Europe. Therefore, the decision to give more visibility to the labour matters in the Peace Treaty was essentially a consequence of this preoccupation.

The drafters of the Constitution of the International Labour Organisation (ILO) stressed that the present conditions of workers are a source of concern and menace to world peace. Labor improvement is an integral and urgent part in the work of the Peace Conference. The participants sought that for the first time in history States, employers and workers would cooperate in a common task and work by a common desire to improve the worker’s condition in all countries.

The Preamble of the ILO Constitution contains another important reference to peace. It asserts that universal peace "can be established only if it is based upon social justice". Therefore, social justice is not the foundation of peace but a fundamental part of its superstructure. Consequently, the notion of peace cannot be limited to the negative conception of the prevention of war, but it must be positive and dynamic.

The Declaration of Philadelphia restated the traditional objectives of the ILO and also focused its attention on two new directions: the centrality of human rights to social policy, and the need for international economic planning.With the end of the world war in sight, it sought to adapt the guiding principles of the ILO "to the new realities and to the new aspirations aroused by the hopes for a better world". It was adopted at the 26th Conference of the ILO in Philadelphia, United States of America held on 10 May 1944.

Promoting internationally recognized labour rights is an integral part of the ILO peacebuiding activities. With its tripartite structure, unique in the UN system, the Organization bases all decisions on the input of governments, employers and workers. This enables it to build agreement and cooperation among the social partners. Social dialogue is a vital tool for peacebuilding and longer-term post conflict security, which is the foundation for socio-economic development. In addition, the social dialogue has proved its worth in assisting countries to overcome economic crisis and restore social peace.

At its ninety-seventh session, held in Geneva on 10 June 2008, the International Labour Conference adopted the Declaration on Social Justice for a Fair Globalization. This instrument is a powerful reaffirmation of the ILO values, and in particular reaffirms the linkage between world peace, human rights and social justice. As pointed out by Juan Somavia, " the Declaration comes at a crucial political moment, reflecting the wide consensus on the need for a strong social dimension to globalization in achieving improved and fair outcomes for all".

This Declaration emphasized that global economic integration has caused many countries and sectors to face major challenges of income inequality, increasing unemployment and poverty and the growth of both unprotected work and the informal economy. Consequently, the Declaration also pointed out that in a world of growing interdepence and complexity and the internationalization of production the fundamental values of freedom, human dignity, social justice and non-discrimination are essential for sustainable economic and social development.

During the Second World War, in 1944 the ILO adopted the recommendation n. 71 concerning "Employment in the Transition from War to Peace" by which the General Conference pointed out that to achieve full employment economic measures providing employment opportunities must be supplemented by effective organisation to help employers to secure the most suitable workers, to help workers to find the most suitable employment, and generally, to ensure the necessary skills are available and are distributed among the various branches and areas. The ILO also stressed that efforts should be made during the transition period to provide the widest possible opportunities for acquiring skills for juveniles and young workers who were unable, because of war, to undertake or to complete their training.

At its 320th Session in March 2014, the ILO Governing Body decided to place a standard-setting item on the agenda of the 105th Session (June 2016) of the International Labour Conference on Decent work for peace, security and disaster resilience: Revision of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71) with a view to the elaboration of a Recommendation. This standard-setting item builds on the ILO’s experience of the critical role of employment and decent work in situations of crisis over the last three decades, the 2009 United Nations Policy for Post-Conflict Employment Creation, Income Generation and Reintegration (UN Policy), the outcome of the March 2014 Governing Body discussion on ILO technical cooperation in fragile States, and the subsequent ILO High-Level Panel on Decent Work in Fragile States, among others. It reflects a growing international concern with the situation in fragile and crisis-affected situations, and increasing international consensus over both the need and the means to address situations of fragility and crisis in States, restoring stability and preventing instability.

The Governing Body thus decided that it was necessary to adopt an international labour standard in the form of a Recommendation on this subject in order to reflect the increased attention being paid to the matter, which is at the crossroads of developmental, humanitarian and peacebuilding initiatives at the national and international levels. It was deemed necessary through this new instrument to revise and update the guidance provided by Recommendation No. 71 and to focus the action of the ILO and of its constituents on how to deal with crisis situations caused by conflict or disaster.

On 30 May 2016, the Committee on Employment and Decent Work for the Transition to Peace was established by the International Labour Conference (Conference), which ended its work on 10 June 2016 in Geneva.

The objective of this Committee was to expand this instrument by including non-international armed conflicts that destabilized fragile societies and economies; and, addressing disasters because of the commonalities with conflicts in terms of the impact and consequences on the world of work and beyond. It went beyond reconstruction and recovery which was dealt with in Recommendation No.71, with a focus on prevention, preparedness and resilience in order to anticipate and mitigate the impact of crises.

The proposed revision was taking place amid a growing international consensus on the importance of employment creation and income generation as fundamental elements in crisis response; on the nexus between rapid response, early recovery, reconstruction and long-term development; on the importance of better coherence and coordination among multiple actors at the international, regional and local levels; and on the principles of shared responsibility and solidarity.

In accordance with the text prepared by States, employers and workers within the Committee, the proposed instrument should expand the purpose and scope of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71), which focuses on the role of employment in the transition from war to peace, to provide broader guidance on the role of employment and decent work in prevention, recovery and resilience with respect to crisis situations arising from conflicts and disasters that destabilize societies and economies.

The proposed instrument affirms the principle by which measures to promote peace, prevent crises, enable recovery and build resilience should respect, promote and realize the fundamental principles and rights at work, protect other human rights and other relevant international labour standards and that all measures taken for recovery and resilience should promote good governance and combat corruption.

Consequently, all measures adopted to address crises should be based on dialogue and the need to combat discrimination, prejudice and hatred on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, or any other grounds, where appropriate following procedures deemed necessary to allow national reconciliation;

On 10 June 2016, the General Conference of the International Labour Organization adopted the resolution to place on the agenda of the next ordinary session of the Conference to be held in Geneva in 2017 an item entitled “Employment and decent work for peace and resilience” with a view to the adoption of a Recommendation.

David Fernandez Puyana, PhD, LLM and MA