Violence and harassment against women and men in the world of work: ILO process towards standard setting ITUC/PERC – FES Regional Conference on “Violence against women and men at the workplace” Budapest, 23 – 24 May 2017 Vera Guseva, Technical Specialist, ILO ACTRAV guseva@ilo.org

Contents ILS and standard-setting Violence on the ILO agenda Standard-setting (timeline) Tripartite meeting of Experts (preparation) Tripartite meeting of Experts conclusions and follow-up Law and Practice report Further steps

Conventions & Recommendations ILS - legal instruments drawn up by the ILO's constituents (governments, employers and workers) and setting out basic principles and rights at work Conventions - legally binding international treaties that may be ratified by member states, lay down the basic principles to be implemented by ratifying countries Recommendations - non-binding guidelines. Supplements the convention by providing more detailed guidelines on how it could be applied or can also be autonomous, i.e. not linked to any convention

How an ILS is adopted

International Labour Conference, 98th Session, 2009 Sixth item on the agenda: Gender equality at the heart of decent work - Conference committee discussion (general discussion) - Committee report: “combating violence against women”, “preventing violence against women”, “eliminate violence against women, including sexual harassment”, “assist victims of gender-based violence”, “eliminate violence”, etc. Resolution concerning gender equality at the heart of decent work & Conclusions

2009 ILC Conclusions “[S]exual harassment and other forms of harassment are serious forms of discrimination across the world that undermine the dignity of women and men, negate gender equality and can have significant implications” A call for the prohibition of gender-based violence in the workplace and for policies, programmes, legislation and other measures to be implemented to prevent it. Workplace as a privileged entry point for prevention. Addressing such violence “through social dialogue, including collective bargaining where applicable at the enterprise, sectoral or national level”.

ILO Governing Body discussions and decisions (1) October 2009 – 306th session of the GB: Matters arising out of the work of the 98th Session (2009) of the International Labour Conference: Follow-up to the adoption of the resolution concerning gender equality at the heart of decent work The Governing Body requested the Director-General to: (a) communicate the Conference resolution concerning gender equality at the heart of decent work to the governments, employers’ and workers’ organizations of member States; (b) take steps to give effect to the Conference conclusions concerning gender equality at the heart of decent work in a coordinated and efficient manner at headquarters and in the field, and report regularly to the Governing Body on progress and results achieved; and (c) continue the follow-up actions outlined in this paper and develop new initiatives, in particular in the context of the current crisis.

ILO Governing Body discussions and decisions (2) November 2012 – first discussion of the proposal by the WG entitled «Gender- based violence in the world of work» March 2013 – a revised proposal «Violence against women and men in the world of work» Further discussions till October 2015 when the GB decided to place a standard- setting item on «Violence against women and men in the world of work» on the agenda of the 107th session (June 2018) of the Conference (double discussion) and to convene a tripartite meeting of experts to provide guidance on which basis the GB will consider in November 2016 the preparations for the first discussion of possible instruments by the Conference

Tripartite meeting of experts on Violence against women & men in the world of work October 3-6, 2016 (1) Office: Background paper for discussion at the Meeting of Experts on Violence against Women and Men in the World of Work ACTRAV & GUFs & ITUC: Violence and Harassment against Women and Men in the World of Work-Trade Union Perspective and Action (35 case studies, 24 countries) Preparatory TU meeting Recommendations and priorities (The need for a robust ILO standard on violence in the world of work, with a particular focus on GBV)

Tripartite meeting of experts on Violence against women & men in the world of work October 3-6, 2016 (2) Main points discussed, Conclusions and following GB decision: Nature of violence and harassment, its causes, effects and actions needed Recognition of need for more data Existing ILS – protection against some forms of V&H or for specific groups No definition V&H in the world of work should be addressed as part of a continuum of unacceptable behaviours and practices including physical, psychological and sexual aspects Replacing «violence» with «violence and harassment» to ensure the range of unacceptable behaviour is adequately understood and addressed

Standard-setting (double-discussions procedure) By now – to facilitate standard-setting so called «law and practice report» – Ending violence and harassment against women and men in the world of work (aka white report) (legal analysis of 80 countries’ regulatory frameworks addressing V&H in the world of work) QUESTIONNAIRE (appended to the law and practice report) Standing orders of the ILC Article 39(1) – Governments are requested to consult the most representative organisations of employers and workers before finalising their replies. Results of such consultations should be reflected in the governments’ reply and they should indicate which organisations they consulted . BUT: TUs can also send their comments directly to the ILO (whether or not they received copies of government reports) DEADLINE: 22 SEPTEMBER 2017 (VIOLENCEHARASSMENT@ILO.ORG) C 144

C 144 - Tripartite Consultation (International Labour Standards) Convention Article 5(1)(a) of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and Paragraph 5(a) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), provide that consultations of employers’ and workers’ representatives should be held on government replies to questionnaires concerning items on the agenda of the Conference and government comments on proposed texts to be discussed. Check if your country ratified at: http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_INSTR UMENT_ID:312289 (139 ratifications)

QUESTIONNAIRE PURPOSE – request views on the scope and content of the proposed instrument(s) thus enabling the office to prepare a report for the Conference CONTENTS of the Questionnaire: Form of the instrument(s): C/R/C+R or a single instrument comprising binding and non-binding provisions Preamble Definitions & scope Content of a Convention (prevention, monitoring, enforcement, victim support, means of implementation) Content of a Recommendation (same) Special problems ITUC guidelines

What’s next? (1) September 22 2017 – deadline to receive replies September 2017 – January 2018 - Office prepares a further report (the second report or yellow report) on the basis of the replies received, indicating the principal questions which require consideration by the Conference February 2018 (4 months before the C) - The Office sends out the second report, indicating the principal questions (proposed conclusions) which require consideration by the Conference June 2018 First Discussion at the ILC 2020 (2019 – ILO centenary)

What’s next? (2) The Office prepares a report and draft text of a Convention/Recommendation (Brown Report ) on the basis of the first discussion at the ILC The Office sends out the draft text of the Recommendation to the Governments, asking them to state within three months whether they have any amendments to suggest of comments to make The Governments should consult the most representative workers and employers’ organizations before finalizing their replies to the Office Amendments to the draft text of the Convention/Recommendation should have reached the Office Office draws up a final report (Blue Report) containing the text of the Convention/Recommendation with any necessary amendments Office sends the final report with the text of the draft Convention/Recommendation to the Governments June 2020 Second discussion of the draft Convention/Recommendation Adoption of the Convention/recommendation by the Conference requires a two-thirds majority of the votes cast.

Useful links (1) Law and practice report and questionnaire http://www.ilo.org/ilc/ILCSessions/107/reports/reports-to-the- conference/WCMS_553577/lang--en/index.htm На русском: http://www.ilo.org/ilc/ILCSessions/107/reports/reports-to-the- conference/WCMS_554099/lang--en/index.htm Handbook of procedures relating to international labour Conventions and Recommendations http://ilo.org/wcmsp5/groups/public/---ed_norm/--- normes/documents/publication/wcms_192621.pdf NORMLEX Information System on International Labour Standards http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:1: International Journal of Labour Research: Psychosocial risks, stress and violence in the world of work http://www.ilo.org/actrav/info/international- journal-labour-research/WCMS_551796/lang--en/index.htm Violence and Harassment against Women and Men in the World of Work-Trade Union Perspective and Action: http://www.ilo.org/actrav/info/pubs/WCMS_546645/lang--en/index.htm

Useful links (2) Tripartite Meeting of Experts on Violence against Women and Men in the World of Work: Background paper http://www.ilo.org/gender/Informationresources/Publications/WCMS_522932/lang-- en/index.htm Outcome report and conclusions http://www.ilo.org/gender/Informationresources/Publications/WCMS_546303/lang-- en/index.htm International Women's Day 2017 - Towards a better future for women and work: Voices of women and men http://www.ilo.org/global/publications/books/WCMS_546256/lang--en/index.htm The women at work initiative http://www.ilo.org/global/about-the- ilo/history/centenary/WCMS_480301/lang--en/index.htm ILO Conditions of Work and Equality Department (WORKQUALITY) http://www.ilo.org/global/about-the-ilo/how-the-ilo-works/departments-and- offices/workquality/lang--en/index.htm ILO ACTRAV http://www.ilo.org/actrav/lang--en/index.htm