ASEAN Services Employees’ Trade Union Council (ASETUC)
TERMS OF REFERENCE
With amendments to be adopted at 4th ASETUC Board Meeting
Hanoi, Vietnam
16-17 Dec 2009
Overview of service sector in the ASEAN
The formation of the ASEAN Services Employees’ Trade Union Council (ASETUC) is in response to the fast-moving developments in the ASEAN, specifically the target formation of an ASEAN Economic Community (AEC) by 2015 and the full liberalization by 2010 of key service industries such as e-ASEAN (ICT), aviation, tourism and health care under the ASEAN Priority Integration Projects (PIPs).
The service sector is the largest sector in the economies of the ASEAN countries. Despite this, intra-ASEAN trade in services, as defined ala-GATS (cross-border, consumption abroad, commercial presence and movement of personnel) is small and pales in comparison to the traditional trade in goods (industrial and agricultural products). This might change with the full liberalization of the sector under the ASEAN Framework Agreement on Trade in Services (AFAS), the regional version of the WTO’s General Agreement on Trade in Services (GATS). The ASEAN member countries have already concluded several rounds of negotiations on how to open up their service sectors under AFAS. In addition to the four PIPs above, these negotiations covered the following:
- Business services: IT services, logistics, accounting, auditing, legal, architecture, engineering, market research, etc.
- Construction: construction of commercial buildings, civil engineering, installation works, rental of construction equipments, etc.
- Financial services: banking, insurance, securities and broking, financial advisory, consumer finance, etc.
- Maritime transport: international passenger and freight transport, storage and warehousing, etc.;
- Telecommunication: public telephone services, mobile phone.
- Postal and Courier Services: domestic mail, international mail, money order services, etc.
- Distribution services: commission agents’ services, direct selling, etc.
- Environmental services: sewerage services and etc.
- Health-Related and Social Services: hospital services, laboratory services, etc.
- Education services: technical, vocational secondary education, adult education, etc.
- Tourism and Travel-related: hotel and lodging services, food serving, tour operator, travel agency, etc.
Moreover, there is a long-running discussion within the ASEAN on how to operationalize a Mutual Recognition Agreement (MRA). This would meant that professions or skills or trades certified in one ASEAN country will be recognized ASEAN-wide, thus making the movement and employment of those possessing such professions/skills/trades much easier.
Addressing the labor dimension of ASEAN service sector liberalization
It is abundantly clear that the ongoing service sector liberalization among the ASEAN member countries – through the PIPs, AFAS, MRA, GATS and even the unilateral liberalization programs by the individual countries – has serious ramifications on the service industries in general and especially on the work of all trade unions in the ASEAN countries. Hence, this is no longer a question of whether to strategically position itself or not vis-à-vis this liberalization; the issue is how can trade unions engage and influence ASEAN’s liberalization process.
Also, one need not be reminded about the price of failing to anticipate the impact, positive and negative, of service sector liberalization. It is evident that the current financial meltdown is directly traceable to the unilateral liberalization of the financial service sector by the individual ASEAN and other Asian countries and their failure to come up with the appropriate prudential or regulatory rules. The consequent failure of governments and even unions to come to the aid of displaced workers due to the crisis was also due to this failure to be anticipatory and proactive.
This is the rationale for the formation of the ASEAN Services Employees’ Trade Unions Council (ASETUC), for the express purpose of:
- Anticipating and identifying emerging trends and concerns in the liberalization of services in the ASEAN under the PIPs, AFAS, MRA, GATS and their likely impact on services sector unions and workers.
- Touching base and organizing dialogues with the ASEAN leaders and officials on the shape and direction of ASEAN integration in general (e.g., on the content of the proposed ASEAN Charter) and ASEAN service sector liberalization in particular.
- Touching base and organizing dialogues with other critical sectors or actors in the ASEAN integration and/or ASEAN service sector liberalization, e.g., ASEAN Business Advisory Council or ABAC and ASEAN Chambers of Commerce.
- Strategizing and unifying unions’ response to the migration issue in the ASEAN.
- Networking and concluding joint or collaborative activities, on a case to case basis, on the foregoing issues and concerns with
- Like-minded regional and national trade unions, and
- Like-minded regional and national civil society organizations or formations.
- Creating awareness among ASEAN workers, union members and trade unions about ASEAN – its implications for workers and the critical need for their active involvement to influence the process to ensure a social dimension. Their committed support is necessary to enable ASEAN trade unions, ASETUC in particular to contribute meaningfully to the construction of the ASEAN Community that will benefit the workers and the peoples of ASEAN.
- Crafting an appropriate development program for the ASEAN service sector.
- Encourage employers and trade unions to work in harmonious partnership for the stability and growth of their enterprise, confront the competitive challenges and share in the fruits of business expansions.
ASETUC will endeavour to be accreditated to ASEAN and be more deeply involved in the ASEAN process to ensure a more people-oriented regional integration.
ASETUC Membership
ASETUC membership shall be composed by the GUF affiliated unions representing services sector employees in the ASEAN countries and with agreement, other trade unions.
ASETUC Management Board
The ASETUC Management Board shall be composed of the Chairperson, Deputy Chairperson, ASETUC Secretary General, Deputy ASETUC Secretary General and up to eight Vice Chairpersons to be allocated as follows:
Chairmanship shall revolve among the representatives of the ASEAN countries to be nominated by the ASETUC member unions in the respective ASEAN country. This is in line with the ASEAN practice of appointing the host country for the Annual Leaders Summit to be the Chair for ASEAN for that particular year. On this basis, Vietnam will Chair the ASETUC Management Board for the year 2010.
The Deputy Chairperson shall be the representative of the unions in the ASEAN country that will be Chairing the subsequent annual ASEAN Leaders Summit. In this case, it will be Brunei Darussalam – the host country for the ASEAN Leaders Summit in 2011. In the event that ASETUC does not have membership in a particular country, the position of the Deputy Chairperson will be nominated and decided by the ASETUC board.
The representatives of the ASETUC member unions in the other eight ASEAN countries will be the Vice Chairpersons of ASETUC.
The Chairperson of the various Councils such as the ASEAN Construction Unions Council, the ASEAN Forestry Unions Council, the ASEAN Bank Unions Council, the ASEAN Telecommunication Unions Council, ASETUC Women Workers’ Council, ASETUC Young Workers’ Council, ASETUC OSH Council, ASETUC Migrant Workers’ Council and other ASETUC Councils to be established, shall be a member of the ASETUC Management Board.
The ASETUC Management Board shall meet at least once a year. The main agenda should include:
- Review development affecting ASEAN workers and their trade unions and consider strategic response to the challenges.
- Review of activities and projects in line with the expressed purpose as outlined in ASETUC aims and objectives listed above.
- Consider and approve membership to ASETUC
- Approval of the ASETUC Financial Report and Budget for the following year.
- Consider and approve plan of action for the following year.
ASETUC COUNCILS
To reflect the interests and concerns of the varied membership in terms of its sectors and groups, ASETUC will establish and support the operation of various Councils to be determined by the ASETUC Board.
Such Councils will facilitate the participation of the unions representing workers in various service sectors and key groups of members such as Women and Youth, in the ASETUC decision making process. It will also empower them for effective representation to the ASEAN and other related organizations.
At this stage, as decided by the ASETUC Board, the following Councils are envisaged: v ASETUC-BWI Construction Unions Council
- ASETUC-BWI Forestry Unions Council
- ASETUC-UNI Bank Unions Council
- ASETUC-UNI Telecommunications Unions Council
- ASETUC-UNI Post and Logistics Unions Council
- ASETUC Women Workers’ Council
- ASETUC Young Workers’ Council
- ASETUC Occupational Health and Safety Council
- ASETUC Migrant Workers’ Council
Structure of the ASETUC Council
Each council shall be composed by ten titular and ten substitute members representing each of the ten ASEAN countries. The titular and substitute members for each country shall be nominated by the ASETUC member unions. The ASETUC member unions representing the particular sector shall nominate their representative for the Sector Councils.
However, in the case of the Women and Youth Councils, the nominations shall be by all ASETUC members from each country.
The ASETUC Migrant Workers’ Council will work in collaboration with the ASEAN Taskforce on Migrant Workers, a component of the Working Group for the ASEAN Human Rights Mechanism, to further ASETUC’s action plan and to develop an instrument for the promotion and protection of the rights of the migrant workers in ASEAN.
Each council shall elect from among the members: a Chairperson, Deputy Chairperson, a Secretary and an Assistant Secretary. They should hold office for a period of two years and subject to election.
The Council shall meet at least once a year and the main agenda shall include a review of development in ASEAN affecting the respective membership, proposals for strategic response and follow up activities.
The Council will also be the representative for ASETUC dialogue or engagement with ASEAN on issues relevant or affecting the membership of the Sector or Group.
ASETUC Secretariat
The work of ASETUC shall be supported by a Secretariat to be composed by a Secretary General, a Deputy Secretary General and ten Assistant Secretary Generals.
The Secretary General shall be nominated by the ASETUC member unions.
The Deputy Secretary General shall rotate among the representatives of the ASEAN countries in line with the ASEAN Chair to enable better liaison coordination between the management board and the secretariat. On this basis, a representative from Vietnam will be the Deputy Secretary General.
The ASETUC member unions in each of the ASEAN countries shall appoint an Assistant Secretary General.
In between the ASETUC Management Board meeting, the ASETUC Secretariat shall take care of the day-to-day work of ASETUC, including liaising with the different institutions in coordination with the ASETUC Chair and Deputy Chair.
The ASETUC Secretariat will be responsible for the implementation of the Action Plan and any other activities as determined by the ASETUC Management Board.
The ASETUC Secretariat shall meet at least once a year and the main agenda shall include a review of the implementation of the activities in ASEAN affecting the respective membership, proposals for strategic response and follow up activities.
Financing ASETUC
The ASETUC work and operating cost shall be financed by annual voluntary contributions to be determined by the participating unions and supplemented by contributions from solidarity support organizations including Global Union Federations. Participating cost including travel expenses shall be borne by the participating unions.
