Professor Dr Shin-ichi Ago
The absence of an Asian regional organisation that would address the need to strengthen the protection of workers’ rights and the promotion of their welfare was intensely felt by two noted Asian Labour Law scholars and practitioners. They were Professor Dr Shin-ichi Ago of Japan and Attorney Chih-Poung Liou of Taiwan, who participated in an International Conference hosted by the biggest Labour Law Association in the world. They found to their dismay that only the two of them with other Japanese delegates represented the entire Asian continent.
Thus, the need for cooperation and networking among Labour Law academics, scholars and practitioners in Asia was brought to the fore at the Launch Labour Law Forum in February 2006 which was held in Fukuoka, Japan. Jointly hosted by the International Labour Organization (ILO, for brevity) and Japan Multilateral Technical Cooperation, the Forum focused on the teaching and practice of Labour Law in the jurisdictions represented by the participants, as well as the trends and developments in the field of Labour Law in the said jurisdictions.
Then, in November 2008, the Asian Regional Conference was jointly hosted by the ILO and the International Islamic University of Kuala Lumpur, Malaysia. The latter was mainly represented by Professor Dr Nik Ahmad Kamal Nik Mahmod who was later elected as the first President of the Asian Society of Labour Law (AsianSLL, for brevity). The two-day conference afforded the participants an opportunity to discuss issues and challenges that confronted the labour sector as well as the available mechanisms that have to be adjusted to address the problems that beset the works at that point in time.
Professor Dr Nik Ahmad Kamal Nik Mahmod
Centered on the Theme: “Labour Law and Labour Market in Asia”, the conference culminated in the adoption of the AsianSLL Constitution and thus, the birth of AsianSLL. Envisioned to remain as an international, non-partisan, non-profit and non-governmental organi[s]ation, it was mainly intended to promote research, education and practice of labour law in Asian in a spirit of partnership with other relevant international, regional and national societies and organi[s]ations. Elected were the Executive Council members representing various jurisdictions of Asia, namely, Cambodia, Vietnam, China, Japan, Hongkong, Indonesia, Malaysia, Philippines, Mongolia, Singapore, South Korea, Taiwan and Thailand.
The birth of AsianSLL practically coincided with the Lehman Brothers’ debacle which erupted sometime in September 2008. It became the signal event of the 2008 global financial crisis “which crashed the economy and changed the world.” News reports blared that “(I)t was one of the most profound events in generations, with huge consequences”. (Quoting Judy Woodruff, see Paul Solman, How the 2008 financial crisis crashed the economy and changed the world, PBS NEWSHOUR, 13 Sept. 2018, available at https://www.pbs.org/newshour/show/how-the-2008-financial-crisis-crashed-the-economy-and-changed-the-world (last visited 19 Dec. 2022).
AsianSLL Executive Council during the 2010 Manila Biennial Conference
Caught at the crossfire of the resulting 2009 global economic recession are the struggling workers the world over such that by 2010, high unemployment rates were among the top stories. It was thus fitting that at the 2010 AsianSLL Manila Biennial Conference, which was hosted by the University of the Philippines College of Law at this very same venue, the Main Theme was “International Labour Standards and the Need for Paradigm Shift.” The Conference underscored that “with the continuing globalization process, there will develop unique categories of workers that have not been dreamt about when our labour legislations were crafted. For now, they are still called atypical workers but they are increasingly becoming the new face of labour and their demands and needs will have to be adequately addressed and their rights sufficiently protected. The Conference highlighted that this is the challenge that will continue to be posed to governments and policy makers in the ensuing years. Simultaneously, however, we must also have to respond to the continuing discrimination and marginalization in the workplace, mainly caused by the absence of clear and normative standards that will inhibit discriminatory practices against sexual minorities, union members and children, among others.”
During the 2012 AsianSLL Biennial Conference in China, which was hosted by the Peking University in Beijing, the discussion centred on the Main Theme: “Multiple Regulatory Mechanisms of Labour and Employment.” In 2015, we continued the dialogue on the protection of workers’ rights and the promotion of their welfare at the Conference held in Aoyama Gakuin University in Tokyo, Japan.
In 2017, instead of a conference, a meeting was held in Hanoi, Vietnam, during which plans were laid out for the December 2019 Conference in Taiwan with the Main Theme: “Comparative Labour Law in the Asian Region with Emphasis on the Core ILO Conventions.” For some reason, the Conference did not materialize and in just a little over two (2) months, practically all activities came to a halt with the Covid-19 pandemic lockdown in practically all counties of the world.
Excerpt from speech by Professor Patricia R.P. Salvador Daway, AsianSLL Executive Council Member, Former Interim President (2022), and Former President (2010-12), delivered during the 2022 Manila Special Conference, 16 December 2022
Photos by the Information and Publications Division, University of the Philippines College of Law