ITUC HIV/AIDS Plan on Action A Trade union training on OSHE and HIV/AIDS (African and Caribbean) ILO ACTRAV Turin 27/09-08/10/2010 Zuzanna Muskat-Gorska Global Trade Union HIV/AIDS Coordinator, ITUC

ITUC HIV/AIDS plan of actions - Key principles HIV/AIDS is a social issue (not purely medical issue) HIV/AIDS is a workplace issue HIV/AIDS is a trade union issue A rights-based and gender-sensitive approach; Non-discrimination in the world of work; Social justice and social inclusion Focus on HIV prevention Promoting strategic partnerships at global, regional and national levels.

2010 ITUC Vancouver Congress Resolution on Fighting HIV/AIDS p. 2 Congress instruct the ITUC and regional organizations (...) to: Raise HIV/AIDS to greater prominence on the trade union agenda (...) educate, promote, develop understanding and commitment Promote campaigns that ensure appropriate legislation on HIV/AIDS (...) Promote the fullest and most effective implementation of the R200 Engage employers’ organizations Combat discrimination Strengthen partnerships Support trade union access to GF financing Address (...) the problem of pharmaceutical patent protection Network building Integrate the gender dimension

ITUC HIVAIDS network grid Level of action internationalregionalnational Structure Establish global structures Connect regional focal points Establish regional structures Connect national focal points Establish national focal points Mapping Global mapping: -activities regions -activities partners Regional mapping: -activities national centres -activities partners National mapping: -activities national affiliates -activities partners Communication Establish global communication platform Global/regional/national Establish regional communication platform Regional/national/global Establish national communication platform National/global/regioanl Mainstreaming TU Build priority in TU movement globally Build priority in TU movement regionally Build priority in TU movement nationally Reaching law and policy makers Global level- international labour standards on HIV/AIDS at work Regional level – reaching regional Gov structures -eg. Africa: AU, SADC etc. National level - reaching the Government eg. HIVAIDS law and policy Making alliences, advocacy outside Reaching partners globallyReaching partners regionallyReaching partners nationally

What do we want to do with R200? Build profile of HIV/AIDS within the TU movement (leadership, members) Demand national follow up - Influence national policy Take the lead on workplace HIV/AIDS action – R200 recognizes its importance Demand international follow up – reporting, ILO monitoring system, UNGASS, UNAIDS/UNDP... Document HIV related discrimination cases

Does everyone love the Recommendation? “HIV/AIDS is not a workplace issue” “Recommendation is not an obligatory instrument” “In our country there is no need for a new policy” “We want to work with MARPs (drug users, sex workers, MSM). TUs do not work with them” (GF, PEPFAR, UNAIDS) ”We are winning on HIV/AIDS. Treatment is there” (We are not. Inequality of access to prevention and treatment, drug resistance, crisis and funds, food crisis, stigma (health workers), no confidentiality, no job security) “TUs discriminate against HIV+ workers” “Employers cannot be burdened with financial burdens” “Our Government cannot afford financing or follow up”

R200 – reporting phase action -Governments obliged to bring R200 before the competent authority or (federal) Report back to ILO on what? -What the G recommends and what Parliament does – depends on lobbying! Danger: -Government passive (no recommendation) -Parliament passive (no decision about action – “no action needed to implement the R200”) -Recommendation stays in the closet -Reporting phase : Unique opportunity – will not happen again

Follow up – ILO Constitution Article In the case of a Recommendation: (a) the Recommendation will be communicated to all Members for their consideration with a view to effect being given to it by national legislation or otherwise; (b) each of the Members undertakes that it will, (...)bring the Recommendation before the authority or authorities within whose competence the matter lies for the enactment of legislation or other action; (c) (...) (d) apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them.

Follow up – R200 +Resolution R200 (See Paragraphs 50 and 51 of R200) procedures should be established at the national level to monitor how the national policies and programmes called for in the Recommendation are being implemented Resolution Resolution point 6. Invites the Governing Body to request regular reports from member States under article 19 of the ILO Constitution as part of the existing reporting mechanisms, in particular General Surveys. Governments' reports relating to HIV and AIDS should be prepared in consultation with the most representative employers' and workers' organizations, including details of progress made and, where possible, examples of good practice.

Opportunity for Action Demand that the Government is proactive - proposes to the Parliament to revise and adopt a national workplace HIV/AIDS policy and a strategy for its implementation; an authority responsible for a national level follow-up of the implementation of the Rec200 is established; prepares a plan of promotion activities to inform the public about the new Recommendation; organizes a tripartite meeting to discuss the demands send the comments on the current situation with regards HIV and AIDS in the workplace, send a model national workplace HIV and AIDS policy as a proposal for regulation.

What we will ask for: That a national workplace HIV/AIDS policy and its implementation strategy is established/updated – by / What we can possibly get: That the Parliament decides to start the process of considering adoption/revision of the national workplace HIV/AIDS policy

What if the Government responds “ we have already submitted the Rec200 to the competent authority and its decision was not to do anything at this stage ” The question is closed for the 1 st level of action - the stage of submission to the competent authority cannot be used anymore -the formal obligation of the Government has been fulfilled and ILO does not have a mandate to examine the decision substantially (eg. to say “ we do not accept this report) However, the question is not closed – we move the the 2 nd level of action

Plan of action 1 st contact – October nd contact (especially if no reaction) – December rd contact – March

Step 1 1 st letter – end of September 2010 (consider submission together with employers, NGOs, where possible) please inform us about your planned recommendation of action to the Parliament… we demand to be involved (presentation and proposal should be made in consultation – ILO Constitution, C144, majority vote etc.) we demand a proactive proposal our proposal is to: have a meeting and check together whether the Recommendation is already implemented or not – and how it could be implemented in our country. We propose to use the Government’s 2007 report on law and practice as a starting point and built on it and evaluate what has happened since

Step 2 2 nd letter – December 2010 – follow up if nothing happens Building Partnerships Considering the screening of the national level law and practice – identification of gaps with regards the new Standard

Screening of law and practice The screening of national level law and practice has already taken place in The replies were summarized in the ILO White Report. That means that in the majority of countries a such a report exist. If not already given to trade unions, the Government had an obligation to give it if asked. In case of problems, trade unions can also ask ILOAIDS to get the copy of the 2007 report. They are in principle not secret, but they are not published. The 2007 Report can serve as a starting point for the national level discussion on implementation of the Rec200.

Step 3 3 rd letter – March 2011 – minimum action if nothing happens “As your report is due …..”

Presentation of the standard - Involving trade unions ILO Constitution – spirit of tripartite behaviour Convention If the country ratified C144 –a tripartite committee should be created in order to conduct presentation of the new Standard to the Parliament. The proposals to be made to the Parliament in connection with the submission of the Recommendation should be made in consultation with social partners (Article 5 (1) (b). Also, according to the Article 4 of C144, “The competent authority shall assume responsibility for the administrative support of the procedures provided for in this Convention. Appropriate arrangements shall be made between the competent authority and the representative organisations, where such organisations exist, for the financing of any necessary training of participants in these procedures”. Opportunity – more than 125 countries ratified C144!

Actions R200 – Reporting phase action 2.Gathering of HIV related workplace discrimination cases 1.Committee of Experts Report on Discrimination Convention no 111? 2.UNAIDS/UNDP Global Commission on HIV and the Law? 3.Promotion of R200 1.Building priority of HIV/AIDS within TU movement 2.Taking the lead on workplace action on HIV/AIDS 4.Working on international follow-up 1.ILO General Survey? 2.UNGASS reporiting?

Contact Zuzanna Muskat-Gorska ITUC Tel: