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Promotion of the Forced Labour Protocol Session: Integrated approach towards core labour standards in the fight against forced labour: Fundamental Principles.

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Presentation on theme: "Promotion of the Forced Labour Protocol Session: Integrated approach towards core labour standards in the fight against forced labour: Fundamental Principles."— Presentation transcript:

1 Promotion of the Forced Labour Protocol Session: Integrated approach towards core labour standards in the fight against forced labour: Fundamental Principles and Rights at Work Branch 3-6 May 2016, Turin

2 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012

3 lasting peace can be established only if it is based on social justice And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012

4 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Conference resolution 2012 Defined the aims and purposes of the Organization and of the principles which should inspire the policy of its Members (a)labour is not a commodity; (b) freedom of expression and of association are essential to sustained progress; (c) poverty anywhere constitutes a danger to prosperity everywhere; (d) the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of the common welfare.

5 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012 economic growth ≠ social progress Why? economic growth + social ground rules = social progress Safeguarding and promoting respect for basic workers’ rights were identified as essential elements to achieve social progress all Members of the ILO, even if they have not ratified all the relevant international labour Conventions, have an obligation arising from the very fact of membership of the Organization, to respect, to promote and to realize, in good faith and in accordance with the ILO Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation.

6 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Conference Resolution 2012 Freedom from forced labour Freedom from child labour, Freedom of association, the right to organize and bargain collectively, Freedom from discrimination in employment and occupation and the right to equal remuneration for work of equal value C29 and P29: Forced Labour Convention [178 rat. and 4 rat.] C105: Abolition of Forced Labour Convention [175 rat.] C138: Minimum Age for Employment and Work [168 rat.] C182: Worst Forms of Child Labour [180 rat.] C87: Freedom of Association & Protection of the Right to Organise [153 rat.] C98: Right to Organise & Collective Bargaining [164 rat.] C100: Equal Remuneration Convention [171 rat.] C111: Discrimination (Employment and Occupation) [172 rat.] Relevant ILO instrumentsEssential basic workers’ rights

7 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Organization Resolution 2012 The Declaration promotes decent work through a coordinated approach to achieving four strategic objectives: employment, social protection, social dialogue, and fundamental principles and rights at work

8 International Labour Organization founded 1919 Declaration of Philadelphia 1944 Declaration on Fundamental Principles and Rights At Work 1998 Declaration on Social Justice for a Fair Globalization 2008 International Labour Organization Resolution 2012 The Conference reaffirms: (a)the universal and immutable nature of fundamental principles and rights at work; (b)their particular significance both as human rights and enabling conditions for the achievement of the other ILO strategic objectives, and for the creation of decent jobs through assuring the links between economic growth and sustainable enterprises and social progress; freedom of association and the effective recognition of the right to collective bargaining are particularly important in this respect; and (c)the inseparable, interrelated and mutually reinforcing character of each category of fundamental principles and rights, and the consequent need for an integrated approach to their realization

9 So….what is child labour? Work that children (people under 18) do that is to be abolished because:  they are too young to work (below national minimum age for work or for light work)  or, if they are old enough to work, because it is dangerous or otherwise unsuitable BUT not all economic activity of children under 18 is child labour The Worst Forms of Child Labour are:  all forms of slavery, and practices similar to slavery (est.5.5m) including forced recruitment for armed conflict  commercial sexual exploitation  illicit activities  hazardous work

10 So…what is discrimination? “any distinction, exclusion or preference made on the basis of: 1. race, 2.colour, 3.sex, 4.religion, 5.political opinion, 6.national extraction or 7.social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” “equal remuneration for men and women workers for work of equal value”.

11 Freedom of association and the right to bargain collectively  All workers and employers  right to establish and to join organizations of their choice to promote and defend their respective interests, and to negotiate collectively with the other party.  freely, without interference by the other party or the State. Freedom of association is a fundamental human right and, together with collective bargaining rights, a core ILO value.  enabling rights that make it possible to promote democracy, sound labour market governance and decent conditions at work. The achievement of decent work for all women and men in conditions of freedom, equity, security and human dignity is only possible if they can have a say in what this means for them.

12 And forced labour? It can occur where work is forced upon people by State authorities, by private enterprises or by individuals. C29 defines forced labour, and provides for certain exceptions, including compulsory military service, civic duties, work required to cope with an emergency situation, and prison labour under certain stipulated conditions. C105 adds a specific obligation for States never to impose forced labour as a means of political coercion or education, punishment for expressing political views or participating in strikes, mobilising labour for economic development, labour discipline or for racial, social, national or religious discrimination. All work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.

13 Human trafficking and “modern-day slavery.” is included. Except in cases of trafficking for organ removal, forced marriage or adoption, unless the latter practices result in forced labour. Forced labour is different from sub-standard or exploitative working conditions.. Forced labour can result from internal or cross-border movement Forced labour includes forced sexual services forced labour is a criminal offence. And forced labour?

14 FPRW – The global deficits 21 million people in forced labour: 15.5 million adults & 5.5 million children Of 139 countries surveyed by the ITUC, only in 18 are workers unlikely to have their trade union rights violated Billions of people suffer discrimination at work on grounds of sex, ethnicity, social origin, religious or political beliefs, age, health, disability, sexual identity or orientation 168 million in child labour, 85 million in hazardous work; 83 million simply too young to be working

15 Integrated strategy Fundamental principles and rights at work 2016-2020 Vision A world of work in which everyone can exercise their fundamental human rights to work in freedom, dignity and security, and to have a voice at work. Mission To serve as a centre of excellence on policies and action to support the realization of fundamental principles and rights at work. Supports member States to fulfil their obligations to respect, to promote and to realize, in good faith, the fundamental principles and rights at work by facilitating the strengthening of relevant legislation and institutions including employers’ and workers’ organizations and the commitment of national duty bearers, rights-holders and enterprises.

16 The strategy is based on four categories of change: ¬ Public policies & governance ¬ Partnerships & advocacy ¬ Empowerment & protection. ¬ Knowledge & data Integrated strategy Fundamental principles and rights at work 2016-2020

17 Public policies & governance Move towards universal ratification of the ILO’s fundamental Conventions and most importantly to ensure their implementation and application in each country. Support national public institutions to develop legal frameworks and public policy responses Support freedom to associate and bargain collectively as it is indispensable for building democracy, good governance and well-functioning economies and labour markets. Partnerships & advocacy SDG Alliance 8.7 to raise global awareness about child labour and forced labour; A multi-stakeholder partnership to promote SDG target 8.5 aimed specifically at achieving equal pay for work of equal value between women and men. An expanded Fair Recruitment Initiative to engage with businesses to strengthen due diligence of labour supply in their own activities and value chains. Integrated strategy - Areas of Change

18 Empowerment & protection Support workers’ organizations to develop gender-sensitive strategies to organize, represent and protect workers more effectively, Raise awareness and understanding of freedom of association rights among excluded and marginalized workers, Strengthen access to justice and remedies for workers and their families whose fundamental rights at work have been violated, Promote social protection floors and ensure that such measures also reach marginalized groups that are most at risk of fundamental rights violations. Knowledge and Data Develop indicators and frameworks to measure violations of fundamental rights at work; Conduct research on the causes and consequences of fundamental rights violations Conduct research on promising organizational strategies that empower those who have suffered violations of their fundamental rights at work to defend their interests; Monitor and evaluate to measure the impact of policies Develop innovative knowledge sharing mechanisms Integrated strategy - Areas of Change

19 I.Promoting compliance with fundamental principles and rights at work in enterprises and in global supply chains II.Promoting fundamental principles and rights at work in the rural and informal economies III.Promoting fundamental principles and rights at work in countries of crisis and in fragile situations Integrated strategy – Thematic Priorities

20 I. Promoting compliance with fundamental principles and rights at work in enterprises and in global supply chains The challenge:  5-15% of children in child labour are estimated to be working in global supply chains.  90 per cent of people trapped in forced labour are working in the private economy,  Discrimination is a major brake on enterprise productivity as well as social and economic progress.  The lack of freedom of association and collective bargaining at the enterprise level undermines democratic governance, compounds inequality, can contribute to the disruption of production and increases the risks of other human rights violations at the workplace. With 450 million people working in global supply chain, and untold numbers working in domestic supply chains, members of vulnerable groups face high risks of being subjected to violations of their fundamentals rights at work. Integrated strategy – Thematic Priorities

21 Public policies & governance: Focus on the interaction between statutory regulation and corporate governance Partnerships & advocacy: Support efforts to strengthen management systems for due diligence to prevent violations of FPRW Support and expand the Child Labour Platform (CLP), Empowerment & protection: Support interventions to empower workers to realize their fundamental rights at work at the enterprise level Support community monitoring systems that contribute to compliance systems to strengthen capacity and empower workers and their communities Knowledge & data: Conduct research on links between respect for FPRW, labour costs, productivity and sustainable enterprises as well as the nexuses between public and private compliance initiatives. Fill the knowledge gap of the scale of FPRW violations in specific sub-sectors. Support national household surveys to include sub-sector specific indicators to assist enterprises and trade unions to design effective systems for due diligence and to measure progress. I. Promoting compliance with FPRW in enterprises and in global supply chains

22 The challenge:  Workers in the rural and informal economies are most at risk of being denied their fundamental rights at work, notably children, women, migrant workers and indigenous peoples.  Agricultural activities, including plantations, fishing and food processing; artisanal small-scale mining, and quarrying and brick kilns are among the high-risk activities concerned.  Traditional norms and practices, abusive tenancy systems and lack of access to public goods hold workers back from claiming their rights.  Climate change, the depletion of natural resources and demographic pressures will put rural workers at further risk of fundamental labour rights violations. II. Promoting fundamental principles & rights at work in the rural and informal economies

23 Public policies & governance Promote the integration of fundamental labour rights in national and sectoral policies for rural development. Build the capacity of labour inspection, other public authorities and monitoring. Test for replication promising practices Partnerships & advocacy: Support the International Partnership for Cooperation on Child Labour in Agriculture Support and advise private sector-led partnerships. Raise awareness of rural workers about their fundamental rights at work Empowerment & protection: Promote integrated community-based approaches focusing on small-scale agriculture and sub-sectors of the informal non- agriculture economy. Support innovative efforts to organize rural workers and small producers, including through Cooperatives. Knowledge & data: Implement surveys and conduct research on FPRW in the rural economy underlying discriminatory practices and innovative forms of organizing workers, small producers and employers in the rural economy. II. Promoting fundamental principles & rights at work in the rural & informal economies

24 III. Promoting fundamental principles & rights at work in countries of crisis and in fragile situations The challenge: Fragile situations – characterized by the collapse of the rule of law, income shocks, poverty, migration and the disruption in the provision of basic services – create the conditions for further violations of fundamental principles and rights at work.  There is an increased risk of child labour, trafficking for sexual and labour exploitation, a denial of freedom of association (often linked to the absence of other freedoms) and the systemic discrimination or even persecution of minorities and other social groups uring times of crisis.

25 Public policies & governance Ensure that public policies include measures to mitigate the impact of crisis on FPRW. Strengthen the capacity of the tripartite constituents to develop essential governance policies in fragile countries Partnerships & advocacy: Ensure coordination with relevant UN agencies and inter-agency working groups. Collaborate with social partners and civil society groups to design effective advocacy strategies on respect for fundamental labour rights in establishing social justice and building lasting peace. Empowerment & protection: Strengthen protection and remedies for workers or children under threat of persecution or subjected to discrimination, trafficking for sexual or other forms of labour exploitation, forced recruitment for armed conflict, or to forms of punishment imposed because they have sought to exercise their fundamental rights at work. Collaborate with other UN organizations to mainstream fundamental principles and rights at work in situations of crisis and fragility and with the ILO’s new Flagship Programme on Jobs for Peace and Resilience (JPR). Knowledge & data: Develop tools for rapid assessment of the heightened risks of fundamental labour rights violations and governance deficits in fragile situations. Conduct research the impact of crisis and fragility on the realization of FPRW. Assess the impact of new intervention models to address violations of FPRW in crisis or fragile situations. III. Promoting fundamental principles & rights at work in countries of crisis & in fragile situations

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