Global Classrooms International Model United Nations Middle School Conference International Labor Organization (ILO) Labor Inspection in Developing Countries 2016 LIVE DIVERSITY March 31 - April 2
Description of the Committee The International Labor Organization (ILO) is a specialized agency of the United Nations concerned with human rights in the workplace. It became the very first UN specialized agency in 1946, but was actually created even before the UN was founded. It was part of the Treaty of Versailles, which also called for the creation of the League of Nations, a precursor to the UN. The ILO works to improve protection of workers human rights and sets minimum standards for labor rights around the world. These minimum standards include the right of collective bargaining, freedom from discrimination in the workplace, and a reasonably safe and secure working environment. The Governing Body passes conventions and recommendations on labor rights and controls the work of the agency. It meets three times per year in Geneva, Switzerland. It is composed of 28 representatives, 14 worker representatives, and 14 employer representatives. History of Topic The birth of the International Labor Organization in 1919, the creation of the Slavery Convention in 1925, and the establishment of a supervisory system in which states are expected to report regularly to the ILO on the implementation of ratified conventions introduced the idea of Labor Rights to the world. In 1944, the Declaration of Philadelphia created the aims and objectives of the modern Charter of ILO. In 1998, the ILO established the Declaration on Fundamental Principles and Rights at Work acknowledging labors freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labor, the abolition of child labor and the elimination of discrimination in respect of employment and occupation. From then on, the concept of labor inspection, often seen as a policing force to enforce labor rights, was introduced. Labor inspection s main purpose is to provide healthy working standards for labor by
serving as a support in difficult times and by fighting against all types of injustices in the workplace. In western societies, and more specifically in the developed world, labor inspection is considered a right in order to ensure fair and safe labor. While in other nations, labor is seen as something to exploit in order to ensure the continuity of a society s economy. Well-developed nations are focused on delivering healthy work environments and, regular inspections are common and expected by the public. Media in developed nations often criticizes firms who employ labor in what they consider to be inhumane conditions such as operating machines involving hot oil without the proper safety equipment and training or paying employees very low wages. In contrast, in developing nations, although most have developed a system of labor inspection, it lacks consistency and regularity. Labor and businesses in such countries do not expect regular inspection, as there are several obstacles that stand in the way. The ILO has been dedicated to solving the inefficacy of labor inspection in developing nations by hosting several conventions and conferences over the years. However, the issue has not yet been successfully resolved. Detailed Description Proper labor inspection heavily depends on the inspectorate. Their duty centers on making sure that suitable labor laws regarding wages, working time, work health and safety, and child labor are applied equally among all laborers. Although the international community has recognized the importance of labor inspection and developed countries have succeeded in implementing an effective labor inspection system, many countries especially in the developing world, still face challenges where labor inspection programs are underfunded and understaffed. This results in unsatisfactory consequences as the inspectorate s duties are not being fulfilled and national labor standards are thus not being implemented.
The major obstacles that stand in the way of proper labor inspection in developing countries are the following: 1- Lack of resources: Estimates indicate that in some developing countries less than 1% of the national budget is allocated to labor administration, of which labor inspection systems receive only a small fraction. Developing countries do not have enough budget to allocate for labor inspection, and as a result, have understaffed, under-trained, and under-paid inspectors, facilities and equipment. In such countries, it is believed that the cost of labor inspection outweighs the benefits. Often, inspectors cannot afford to make the trip to the site of dispute. The lack of resources and government efforts dedicated to the labor inspection industry had their toll on the inspectors independence, professionalism, and impartiality. As a function of their modest salaries, inspectors are more likely to accept briberies. Furthermore, with their little to no training, and their lack of legal authority to enforce decisions, inspectors find themselves highly dependent. The lack of resources also refers to the limited electronic files and devices in several nations, which weakens the records of the labor inspection and compromises their storage and accessibility. 2- Occupational Safety Concerns Preventing workplace hazards is one of the primary functions of labor inspectorates in developing nations. Hazards can range from occupational safety, health management, chemical and machinery safety, manual handling, radiation, environmental risks, violence, sexual harassment, and psychological distress such as stress (Human Rights, Development and Decolonization). A handful of countries have worked on countering workplace hazards. Australia incorporated labor inspection into its national occupational safety and health plan. France trained inspectorates in occupational safety and health in 2005. Ivory Coast adopted an action plan on occupational hazards and safety while prioritizing inspections. The UK worked on developing industry-specific (agriculture and construction) inspection programs concentrating on falls from height, musculoskeletal disorders, to work-related stress.
3- Immigrant Workers and the Informal Economy With the increase of war and poverty, comes a rise in immigration from the countries affected (developing countries), towards developing nations. Seeking to penetrate the work force, migrant workers are discriminated against due to the misconception of some natives that the migrant workers are trying to steal their work. The fact that migrant workers are willing to work for less often pushes employers to hire them instead of natives who expects the conventional salary. Migrants are often exposed to atrocities back home and often do not have the immunity that a passport provides. Without a passport, migrants are often unprotected by the host nation s charter. For instance, migrant workers in United Arab Emirates experience great wage disparity from their employers and are at the risk of being terminated at any time. Foreign domestic workers, especially young women, are on various accounts, exploited, abused, and threatened by their employers. The role of inspectors in that case is to keep a look out for foreign workers and make sure that the migrant worker is working in a suitable working environment where working standards are met. Aside from the direct role that inspectors assume in helping migrant workers, inspectors are looked upon to discourage hiring of informal workers under dire circumstances due to the fragile situation of migrant workers. 4- Child Labor Child labor is the full time employment of children between the ages of 5 and 14 which has serious repercussions on the social and psychological development of the child. Working children are not only at risk of physical injury, but are vulnerable to workplace toxins and chemical hazards as well. Child labor is a worldwide problem, most rife in the developing world with 60% of these working children living in Asia and 23% living in sub-saharan Africa.
The ILO passed several conventions with specific measures to combat child labor. These conventions outline the conditions, activities and work hazards that are considered to be detrimental to a child s health and development. The role of the inspector in that case is to help reintegrate the 211 million children currently engaged in child labor into society. An important aspect of targeting this issue is to give alternatives to children and provide services, such as counseling and a way to stream back into education. It is crucial to educate youth reaching the legal work age about the proper work conditions for them to be able to protect themselves from unsafe work. In order to do so, cooperation between the health, social services and education industries is necessary in order to tackle child labor at the long run. African nations have been known to suffer from exploitation, dating back to the European colonialism, which stripped the land s resources, and human rights violations, as slavery is still present in several areas. Many nations such as Benin, Cameroon, Burkina Faso, Gabon, Côte d'ivoire, Mali, Ghana, Nigeria and Togo, have made efforts to reduce the existence of forced labor, especially that of children. Previous Actions Other than the 1925 Slavery Convention and establishment of the Declaration of Philadelphia 1944, holding the first Asian regional conference in 1947, and first African regional conference in 1960, the establishment of the Declaration of Apartheid against racial segregation in 1964, Declaration on Fundamental Principles and Rights at Work 1998, final report of World Commission on the Social Dimension of Globalization in 2004, Declaration on Social Justice for a Fair Globalization and the Global Jobs Pact in 2006, the ILO has recently ratified two significant prioritized labor inspection conventions (LIC): Number 81 (1947) and number 129 (1969). States who have ratified LIC 81 are required to establish a system of labor inspection for workplaces in industry and commerce with the exception of mining and transportation fields. LIC 81 addresses the areas of legislation covered by labor inspection, the functions of the system of inspection, recruitment criteria, the status, terms, and conditions of service of labor inspectors, and their powers and obligations. 70% of the ILO members have signed and ratified this convention.
The Protocol of 1995 to the Labor Inspection Convention of 1947 states that each state that ratifies this protocol shall extend the application of the provisions of the Labor Inspection Convention, 1947 (No. 81) to workplaces considered as non-commercial, which means neither industrial nor commercial in the sense of the convention. LIC 129, a priority convention, requires state to establish a system of labor inspection in agriculture. Labor inspection coverage may also be extended to tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; or members of the family of the operator of the agricultural undertaking, as defined by national laws or regulations. 40% of the members of the ILO have ratified this convention. On the regional scale, the European Union passed the PACE Treaty that calls for social protection for workers, gender equality in the workplace, a standard for working condition, representation, as well as improvements to employee health and safety. Questions to consider Is your country considered developed or developing? Does it suffer from lack of resources or provide resources to those in need? Has your country ratified both LIC conventions (81 and 129)? If so, how has your country applied the conventions at the national stage? Has your country defined standard work conditions and determined what is considered unsafe situations in all industries in order to prevent occupational hazards? Has your country developed an efficient labor inspection system that is based on regular inspections and transparency? Are exploitation, abuse and human rights violations common in your country? If so, how is your country working on solving these issues, specifically in the regards of labor rights? Has your country developed an economic and social policy to deal with the influx of migrant workers?
Recommendations To tackle the issue of labor inspection in developing countries, it is advisable to: - Prepare an international policy to be adopted by member states that clearly explains what is considered to be decent work and what is considered to be standard working conditions all while building upon the help of expert labor inspectors, development specialists, and International offices worldwide. - Provide a regular forum in which labor inspectors from around the world openly discuss strategies, ideas, and experiences. - Develop an online database with fact sheets and relevant data accessible by the general public. - Drafting a global standard for inspection, which includes service training done either in person or online followed up by ongoing recertification, an agreed upon ethical and professional code of conduct for inspectors, and the implementation of an impartial performance-measuring criteria. Citations Article 5 of Convention No. 81, ILO: General Survey, 2006 "Brief History and Timeline." Brief History and Timeline. International Labor Organization. Web. 24 July 2014. "Canadian Mining Firms Face Abuse Allegations Toronto Star." Newspapers Ltd, 2014.Web.05. Oct. 2014. "Country Profile." International Labor Organization. Web. 03 Aug. 2014. Governing Body. Geneva: JCAH, 2006. International Labor Organization. Web. 30 July 2014. HSC: A strategy for workplace health and safety in Great Britain to 2010 and beyond (London, 2004). "Human Rights, Development and Decolonization." Google Books. Web. 27 July 2014.
Resolution concerning decent work and the informal economy, adopted at the General Conference of the ILO, 90th Session, 2002. The Global Challenges of Labor Inspection. Geneva: International Labor Office, 2005. International Labor Organization. Web. 30 July 2014. The ILO at Work. London: ILO, 1995. Web. July 2014. International Labor Organization. "International Labor Standards on Labor Inspection." International Labor Standards on Labor Inspection. International Labor Organization. Web. 30 July 2014. International Labor Organization. "Alphabetical List of ILO Member Countries." Alphabetical List of ILO Member Countries. International Labor Organization. Web. 30 July 2014.