Ruwan Subasinghe ITF Legal Advisor Towards an ILO instrument on violence against women and men in the world of work Ruwan Subasinghe ITF Legal Advisor Bali, 27 May 2016

What is the ILO and how does it work? ILS and supervisory system Why ILS on VAWM? Why now? Existing ILS on topic and relevant regional/international instruments What would an ILS on VAWM look like? Standard setting process What you can do to ensure adoption & ratification of ILS Q&A

What is the ILO and how does it work? (I) Founded in 1919 United Nations specialised agency 187 member states Tripartite structure Main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. Q to Group – What do you know about the ILO? Have you engaged with the ILO in any way. If so, how? Results/Outcomes?

What is the ILO and how does it work? (II) 4 delegates per member State International Labour Conference Governing Body International Labour Office 1 workers’ delegate 1 employers’ 2 governments delegates 14 workers’ representatives 14 employers’ 28 governments

What is the ILO and how does it work? (III) Responsible for drawing up and overseeing international labour standards (ILS) Development cooperation Research and information

International Labour Standards (ILS) ILS are legal instruments setting out minimum standards, principles, and rights at work Conventions are legally binding international treaties Recommendations are non-binding guidelines International labour standards are legal instruments drawn up by the ILO's constituents (governments, employers and workers) and setting out basic principles and rights at work. They are either conventions, which are legally binding international treaties that may be ratified by member states, or recommendations, which serve as non-binding guidelines. In many cases, a convention lays down the basic principles to be implemented by ratifying countries, while a related recommendation supplements the convention by providing more detailed guidelines on how it could be applied. Recommendations can also be autonomous, i.e. not linked to any convention.

Core Labour Standards (CLS) Freedom of association and collective bargaining (C87 and C98) Elimination of forced and compulsory labour (C29 and C105) Abolition of child labour (C138 and C182) Elimination of discrimination in respect of employment and occupation (C100 and C111) Q to group – anyone know what the ILO considers to be core labour standards? Hint:There are 8 Conventions that revolve around 4 themes. ILO Declaration on Fundamental Principles and Rights at Work 1998 – unique legal character of declaration. Obligations placed on MS not by reason of ratification, but ‘from the very fact of membership’. This amounts to a constitutional obligation. The ILO's Governing Body has identified eight conventions as "fundamental", covering subjects that are considered as fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation.

ILO Supervisory System (I) Regular reporting under Article 22 of the ILO Constitution Committee of Experts (CEACR) Committee on the Application of Standards (CAS)

ILO Supervisory System (II) Committee on Freedom of Association (CFA) Article 24 Representations Article 26 Complaints

ILO Supervisory System (III) ITF and ITUC Article 24 Representation against Qatar concerning violations of Convention 111 Pregnancy and maternity related dismissals Marriage bar Rest period regulations Demeaning treatment of female crew, harassment and surveillance No effective redress Nuria to present slide

ILO Supervisory System (IV) ILO: Qatar guilty of systemic workplace sex discrimination, including in its past and current work contracts, which allow it to automatically terminate the employment of women cabin crew who become pregnant, as well as in its prohibition on women being dropped off/picked up at/from company premises by a man other than their father, brother or husband. Company: Under the new regulations, women who become pregnant are offered temporary ground jobs and staff can also get married after notifying the company. ITF assessment: Positive, but changes only cosmetic?

Impact of ILO Jurisprudence (I) Cases of progress International soft law instruments (ex. UN Guiding Principles on Business and Human Rights) Corporate Social Responsibility (CSR) policies National and regional court decisions Institutional loan conditions Trade agreements

Why ILS on VAWM? Why now? No specific international standard dealing specifically with the issue of gender- based violence at work ILO Perspective Shauna to give ILO perspective

Why ILS on VAWM? Why now? UNiTE to end violence against women (2008) General discussion on gender equality at heart of decent work (ILC 2009) Resolution to combat gender-based violence at work Governing Body proposal “Gender based violence in the world of work” (November 2012) UN Commission on Status of Women (2013) ILO centenary initiative on women at work (2013) Sustainable Development Goals (5.2 and 8.5) and the Decent Work Agenda (2015) General recognition of human rights and business case for combating phenomenon Chidi to talk about GB process + Un Commission Shauna to talk about centenary initiative UN Commission: measures to ensue that workplaces are free from exploitation, violence, and sexual harassment through measures including COLLECTIVE AGREEMENTS…awareness raising and capacity building with employers, unions and workers

Existing Instruments International Universal Declaration of Human Rights ICCPR, ICSPR, CEDAW, Palermo Protocol, ICC Statute Regional ACHPR Protocol, Inter-American Convention, Council of Europe Convention International policy instruments and model legislation Jurisprudence CEDAW – General Recommendation 12 on violence reporting 1989 and GR 19 on SH 1992 CEDAW Optional Protocol

Existing ILS Forced Labour Convention, 1930 (No. 29) Migration for Employment (Revised) Convention, 1949 (No. 97) Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) Workers with Family Responsibilities Convention, 1981 (No. 156) Indigenous and Tribal Peoples Convention, 1989 (No. 169) Worst Forms of Child Labour Convention, 1999 (No. 182) Maternity Protection Convention, 2000 (No. 183) Domestic Workers’ Convention, 2011 (No. 189) Recommendations 200 and 204

What would an ILS on VAWM look like? ITUC/Workers’ Group supports a Convention and a Recommendation Definitions GBV/VAW? World of Work – domestic, familial abuse? Extension of workplace? Provisions to prevent GBV at work: Legislation (labour, OSH, harassment, discrimination, criminal) Policies (eg. due diligence, training) and collective bargaining (eg CUPE, UNIFOR, ACTU) Barb, Leslie, MichElle to make interventions.

What would GBV aspects of an ILS on VAWM look like? Groups of workers and industries at risk LBGT, precarious/informal/migrant workers Transport and public services Access to remedies and measures to protect and support victims Education and awareness raising Roles of tripartite constituents and social dialogue (eg. ETUC, ITF/UITP) Labour inspection Statistics

Standard setting process

What you can do 9 things you and your unions can do Lobby your national centers, employers and governments Current government/employer positions: Jodi to present on 9 things Chidi to comment on current government/employer positions

Q&A Thank you! @ruwansubasinghe