ILO Recommendation on HIV/AIDS in the workplace Process and Content

Initial references made during the process of adoption of the Code of Practice (2001) Subsequent calls made during ILO Regional Meetings and other international fora Formal request made by the Workers’ Group in 2006 Initial discussion held in the November 2006 session of the GB Formal decision taken by the March 2007 session of the GB

Process of adoption of HIV/AIDS Recommendation March 2007: GB placed item on Conference agenda for 2009 and 2010: “for the adoption of an autonomous Recommendation” January 2008: Office sent “Law and Practice” report with questionnaire Sept. 2008: replies from States and employers and workers (plus others …) Feb. 2009: Office sent out “draft conclusions” based on replies

June 2009: Conference holds first discussion August 2009: Office drafts, sends draft instrument based on discussion October 2009: Government, employer and worker replies due Feb. 2010: Office sends out second draft of instrument June 2010: Conference adopts instrument in second discussion

What is a Recommendation? International labour standard Adopted by International Labour Conference in tripartite sessions Based on extensive consultations Governments, employers, workers, UNAIDS Governments, employers, workers, UNAIDS Guidance for States and others, and should be reflected in law and policy

Legal force Not a Convention, so no ratification – but Recommendations do place a dual obligation on all Member States: To bring the Recommendation before the “competent authority” (usually Parliament) to take measures – e.g., enact its content into national law and practice as appropriate; To report as requested by ILO Governing Body to “show the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation.”

Possible reporting on effect given Reports as requested by ILO Governing Body on effect given Usually means occasional reports, leading to a “General Survey” by ILO Committee of Experts Can be a system for periodic reporting Conference and GB will discuss whether there should be regular or occasional reporting

Who can get involved? Governments and employers’ and workers’ organizations as ILO constituents Organizations of PLHIV (very few reports) Other UN-system organizations Can attend ILO Conference, take part in discussion Can attend ILO Conference, take part in discussion Prior consultation in process of drafting Prior consultation in process of drafting May bring in views of constituents May bring in views of constituents

Why was it decided to adopt a new instrument? Focus attention on workplace Examine new developments Involve workers, employers, Ministries of Labour in national and international policy- making

Relationship to Code of Practice ILO 2001 Code of Practice comprehensive and widely used But was adopted by Governing Body, not Conference Recommendation will be shorter, focus on major points without amending or undermining Code Code will remain valid, and basis for action and policy … But Recommendation may reflect newer thinking – some concepts not up to date

Expect Code of Practice to be appended to Recommendation Important: Recommendation will have to be submitted to Parliaments for decision on action, giving occasion for discussions in all countries, under article 19 of the Constitution

Points being examined Centrality of world of work to action against HIV/AIDS – accepted by most Need to integrate all aspects of national and international policy and action – accepted by most Roles of employers and workers – accepted by all Policy and approaches on universal access through and with workplace – accepted by most

Where concerns remain Definitions – technical drafting problem, no real disagreement Confidentiality How to handle reporting