Fundamental Principles and Rights at Work. Integrated approach towards core labour standards in the fight against forced labour

Transcription

1 Fundamental Principles and Rights at Work Integrated approach towards core labour standards in the fight against forced labour Laurence Dubois Fundamental Principles and Rights at Work Branch 23 May 2016

2 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012

3 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012 The ILO Constitution was drafted between January and April, 1919, by the Labour Commission set up by the Peace Conference, which first met in Paris and then in Versailles. There was keen appreciation of the importance of social justice in securing peace, against a background of exploitation of workers in the industrializing nations of that time. There was also increasing understanding of the world's economic interdependence and the need for cooperation to obtain similarity of working conditions in countries competing for markets.

4 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference resolution 2012 In 1944, the International Labour Conference, meeting in Philadelphia, USA, adopted the Declaration of Philadelphia, which further articulated the aims and purpose of the Organization. The Declaration of Philadelphia expands the reach of the original Constitution - moving the Organization's mandate beyond improving working conditions, to promoting more equitable growth in the post- War economy. It recognizes the rights of all people to pursue their material well being and spiritual development "in conditions of freedom and dignity, of economic security and equal opportunity".

5 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference resolution 2012 It defined the aims and purposes of the Organization and of the principles which should inspire the policy of its Members (a) labour is not a commodity; (b) freedom of expression and of association are essential to sustained progress; (c) poverty anywhere constitutes a danger to prosperity everywhere; (d) the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of the common welfare.

6 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012 The 1998 Declaration commits all ILO member States to respect the principles in four areas, whether or not they have ratified the specific Conventions They have an obligation arising from the very fact of membership of the Organization, to respect, to promote and to realize, in good faith and in accordance with the ILO Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation.

7 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012 Essential basic workers rights Relevant ILO instruments Freedom from forced labour Freedom from child labour, Freedom of association, the right to organize and bargain collectively, Freedom from discrimination in employment and occupation and the right to equal remuneration for work of equal value C29 and P29: Forced Labour Convention, 1930/2014, [178 rat. and 4 rat.] C105: Abolition of Forced Labour Convention, 1957 [175 rat.] C138: Minimum Age for Employment and Work, 1973 [168 rat.] C182: Worst Forms of Child Labour, 1999 [180 rat.] C87: Freedom of Association & Protection of the Right to Organise, 1948 [153 rat.] C98: Right to Organise & Collective Bargaining, 1949 [164 rat.] C100: Equal Remuneration Convention, 1951 [172 rat.] C111: Discrimination (Employment and Occupation), 1958 [173 rat.]

8 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Organization Resolution 2012 The Social Justice for a Fair Globalisation (2008) promotes decent work through a coordinated approach to achieving four strategic objectives: employment, social protection, social dialogue, and fundamental principles and rights at work

9 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 International Labour Organization Resolution 2012 The Conference reaffirms in 2012: (a) the universal and immutable nature of fundamental principles and rights at work; (b) their particular significance both as human rights and enabling conditions for the achievement of the other ILO strategic objectives, and for the creation of decent jobs through assuring the links between economic growth and sustainable enterprises and social progress; freedom of association and the effective recognition of the right to collective bargaining are particularly important in this respect; and (c) the inseparable, interrelated and mutually reinforcing character of each category of fundamental principles and rights, and the consequent need for an integrated approach to their realization

10 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Fundamental Principles and Rights At Work 1998 Social Justice for a Fair Globalization 2008 Recent resolutions and declarations Several recent resolutions and declarations underline strong international commitment to tackle violations of fundamental principles and rights at work, notably : The Hague Roadmap for Achieving the Elimination of the Worst Forms of Child Labour, 2011 ; The Brasilia Child Labour, 2013; The Sustainable Development Goals (SDGs), 2015, including specific targets related to the elimination of child labour, forced labour, discrimination at work and fundamental freedoms, which encompass freedom of association and collective bargaining. ILO constituents will review progress towards the realization of fundamental principles and rights at work at the International Labour Conference in 2017; and during 2017, will also meet in Argentina at the IVth Global Child Labour Conference.

11 Inter-linkages between the FPRW 11

12 FoA & CB Freedom of association and the right to collective bargaining are the key "enabling rights" for realization of all the FPRW as well as of the decent work agenda as a whole; These rights allow workers and employers together to determine the conditions of work such that forced labour, child labour and discrimination do not occur / are eliminated. Even in the informal economy, where there may be no direct employers as such, the right to organize and speak collectively is key to poor people being able to assert their rights to, say, health and education facilities, or to access social protection benefits, or to gain licenses for micro-enterprises to operate and hence move towards formalization. Hence, FoA&CB are represented by the trunk of the tree, with the hand supporting all the other rights. 12

13 Freedom of association and the right to bargain collectively All workers and employers Right to establish and to join organizations of their choice to promote and defend their respective interests, and to negotiate collectively with the other party. Freely, without interference by the other party or the State. Freedom of association is a fundamental human right and, together with collective bargaining rights, a core ILO value. Enabling rights that make it possible to promote democracy, sound labour market governance and decent conditions at work.

14 Non-discrimination Non-discrimination and equality at work are also "enabling" rights, as well as being distinct rights in themselves. The elimination of discrimination against poor, excluded and marginalised groups would go a long way in creating the conditions under which both child and forced labour would disappear. Along with FA&CB, it would mean that adults from these groups could, on an equal basis, secure jobs, a decent wage etc, so that income from child labour would no longer be needed; Migrant workers (a group often suffering from discrimination) would enjoy the same rights as nationals and hence not be vulnerable to forced labour practices. That is why discrimination is represented by the largest circle in the tree (and it also affects also the largest number of people), forming a backdrop to elimination of CL and FL. 14

15 What is discrimination? any distinction, exclusion or preference made on the basis of: 1. race, 2. colour, 3. sex, 4. religion, 5. political opinion, 6. national extraction or 7. social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation equal remuneration for men and women workers for work of equal value.

16 Elimination of CL and FL Elimination of CL and FL intersect with each other, and with non-discrimination and FA&CB. Some individual workers/households are in both forced and child labour (represented by the overlap of the circles), Many are affected by only one or the other. Most, if not all, of those workers/households in FL or CL suffer also from discrimination. (In fact, the discrimination circle could be much bigger, but we have no data as yet on the prevalence of discrimination). 16

17 What is child labour? Work that children (people under 18) do that is to be abolished because: they are too young to work (below national minimum age for work or for light work) or, if they are old enough to work, because it is dangerous or otherwise unsuitable BUT not all economic activity of children under 18 is child labour The Worst Forms of Child Labour are: all forms of slavery, and practices similar to slavery (est.5.5m) including forced recruitment for armed conflict commercial sexual exploitation illicit activities hazardous work

18 And forced labour? All work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily. It can occur where work is forced upon people by State authorities, by private enterprises or by individuals. C29 defines forced labour, and provides for certain exceptions, including compulsory military service, civic duties, work required to cope with an emergency situation, and prison labour under certain stipulated conditions. C105 adds a specific obligation for States never to impose forced labour as a means of political coercion or education, punishment for expressing political views or participating in strikes, mobilising labour for economic development, labour discipline or for racial, social, national or religious discrimination.

19 The whole tree The whole tree represents the integrated approach to - or full realization of the FPRW - which is ultimately the objective of the FPRW strategy. In turn, the full realization of FPRW creates the enabling conditions for achievement of decent work for all, the objective of the ILO. 19

20 FPRW The global deficits 168 million in child labour, 85 million in hazardous work; 83 million simply too young to be working Billions of people suffer discrimination at work on grounds of sex, ethnicity, social origin, religious or political beliefs, age, health, disability, sexual identity or orientation 21 million people in forced labour: 15.5 million adults & 5.5 million children Of 139 countries surveyed by the ITUC, only in 18 are workers unlikely to have their trade union rights violated

21 Integrated strategy Fundamental principles and rights at work Vision A world of work in which everyone can exercise their fundamental human rights to work in freedom, dignity and security, and to have a voice at work. Mission To serve as a centre of excellence on policies and action to support the realization of fundamental principles and rights at work. Supports member States to fulfil their obligations to respect, to promote and to realize, in good faith, the fundamental principles and rights at work by facilitating the strengthening of relevant legislation and institutions including employers and workers organizations and the commitment of national duty bearers, rights-holders and enterprises.

22 Integrated strategy Fundamental principles and rights at work The strategy is based on four categories of change: Public policies & governance Partnerships & advocacy Empowerment & protection. Knowledge & data

23 Integrated strategy 4 areas of Change Public policies & governance Move towards universal ratification of the ILO s fundamental Conventions and most importantly to ensure their implementation and application in each country. Support national public institutions to develop legal frameworks and public policy responses Support freedom to associate and bargain collectively as it is indispensable for building democracy, good governance and well-functioning economies and labour markets. Partnerships & advocacy SDG Alliance 8.7 to raise global awareness about child labour and forced labour; A multi-stakeholder partnership to promote SDG target 8.5 aimed specifically at achieving equal pay for work of equal value between women and men. An expanded Fair Recruitment Initiative to engage with businesses to strengthen due diligence of labour supply in their own activities and value chains.

24 Integrated strategy - Areas of Change Empowerment & protection Support workers organizations to develop gender-sensitive strategies to organize, represent and protect workers more effectively, Raise awareness and understanding of freedom of association rights among excluded and marginalized workers, Strengthen access to justice and remedies for workers and their families whose fundamental rights at work have been violated, Promote social protection floors and ensure that such measures also reach marginalized groups that are most at risk of fundamental rights violations. Knowledge and Data Develop indicators and frameworks to measure violations of fundamental rights at work; Conduct research on the causes and consequences of fundamental rights violations Conduct research on promising organizational strategies that empower those who have suffered violations of their fundamental rights at work to defend their interests; Monitor and evaluate to measure the impact of policies Develop innovative knowledge sharing mechanisms

25 Integrated strategy Thematic Priorities I. Promoting compliance with fundamental principles and rights at work in enterprises and in global supply chains II. Promoting fundamental principles and rights at work in the rural and informal economies III. Promoting fundamental principles and rights at work in countries of crisis and in fragile situations

26 Integrated strategy Thematic Priorities I. Promoting compliance with fundamental principles and rights at work in enterprises and in global supply chains The challenge: 5-15% of children in child labour are estimated to be working in global supply chains. 90 per cent of people trapped in forced labour are working in the private economy, Discrimination is a major brake on enterprise productivity as well as social and economic progress. The lack of freedom of association and collective bargaining at the enterprise level undermines democratic governance, compounds inequality, can contribute to the disruption of production and increases the risks of other human rights violations at the workplace. With 450 million people working in global supply chain, and untold numbers working in domestic supply chains, members of vulnerable groups face high risks of being subjected to violations of their fundamentals rights at work.

27 I. Promoting compliance with FPRW in enterprises and in global supply chains Public policies & governance: Focus on the interaction between statutory regulation and corporate governance Partnerships & advocacy: Support efforts to strengthen management systems for due diligence to prevent violations of FPRW Support and expand the Child Labour Platform (CLP), Empowerment & protection: Support interventions to empower workers to realize their fundamental rights at work at the enterprise level Support community monitoring systems that contribute to compliance systems to strengthen capacity and empower workers and their communities Knowledge & data: Conduct research on links between respect for FPRW, labour costs, productivity and sustainable enterprises as well as the nexuses between public and private compliance initiatives. Fill the knowledge gap of the scale of FPRW violations in specific sub-sectors. Support national household surveys to include sub-sector specific indicators to assist enterprises and trade unions to design effective systems for due diligence and to measure progress.

28 II. Promoting fundamental principles & rights at work in the rural and informal economies The challenge: Workers in the rural and informal economies are most at risk of being denied their fundamental rights at work, notably children, women, migrant workers and indigenous peoples. Agricultural activities, including plantations, fishing and food processing; artisanal small-scale mining, and quarrying and brick kilns are among the highrisk activities concerned. Traditional norms and practices, abusive tenancy systems and lack of access to public goods hold workers back from claiming their rights. Climate change, the depletion of natural resources and demographic pressures will put rural workers at further risk of fundamental labour rights violations.

29 II. Promoting fundamental principles & rights at work in the rural & informal economies Public policies & governance Promote the integration of fundamental labour rights in national and sectoral policies for rural development. Build the capacity of labour inspection, other public authorities and monitoring. Test for replication promising practices Partnerships & advocacy: Support the International Partnership for Cooperation on Child Labour in Agriculture Support and advise private sector-led partnerships. Raise awareness of rural workers about their fundamental rights at work Empowerment & protection: Promote integrated community-based approaches focusing on small-scale agriculture and sub-sectors of the informal nonagriculture economy. Support innovative efforts to organize rural workers and small producers, including through Cooperatives. Knowledge & data: Implement surveys and conduct research on FPRW in the rural economy underlying discriminatory practices and innovative forms of organizing workers, small producers and employers in the rural economy.

30 III. Promoting fundamental principles & rights at work in countries of crisis and in fragile situations The challenge: Fragile situations characterized by the collapse of the rule of law, income shocks, poverty, migration and the disruption in the provision of basic services create the conditions for further violations of fundamental principles and rights at work. There is an increased risk of child labour, trafficking for sexual and labour exploitation, a denial of freedom of association (often linked to the absence of other freedoms) and the systemic discrimination or even persecution of minorities and other social groups during times of crisis.

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32 Fundamental Principles and Rights at Work THANK YOU Laurence Dubois Fundamental Principles and Rights at Work Branch 23 May 2016