April 26, 2018 ILO presentation
International Labour Standards Violence on the ILO agenda Setting of a standard on Violence and Harassment against Women and Men in the World of Work (discussions, decisions, timeline)
CONVENTIONS: International treaties open to ratification by Member States. When ratified, are legally binding. If not ratified, source of inspiration for domestic law. Total:189 RECOMMENDATIONS : Not open to ratification; not legally binding. Can complement Conventions or be adopted alone. Provide guidelines for national policy and action. Total: 205 PROTOCOLS : They need to be ratified. They relate to a specific convention Total so far: 6 3
TRIPARTISM: The 3 constituents work together to build consensus and set standards. MINIMUM PROTECTION: The ILO ILS fixes a minimum level of protection. UNIVERSALITY: The standards are set at the world level. FLEXIBILITY: The needs of all ILO member States are taken into account as much as possible. 4
Problem identified Item put on the ILC Agenda (by GB or ILC with 2/3 majority) Item discussed at the ILC - Office prepares reports - twice: DOUBLE DISCUSSION - Workers, employers and governments provide inputs and discuss - once: SINGLE DISCUSSION Instrument adopted with a 2/3 majority of delegates present at the ILC 5
ADOPTION OF ILS: DOUBLE DISCUSSION PROCEDURE Suggestions from Governing Body governments, workers, employers, the ILOffice, UN E & W Agencies, etc... Participation I Office Report (White) Consultation. Governments E & W II Office Report (Yellow) Consultation Governments E&W Tripartite Committee of the ILC Participation FIRST DISCUSSION (First year) G E W III Office Consultation Report (Brown) Governments E & W IV Office Report Consultation Governments (Blue) Tripartite Committee of the ILC Participation SECOND DISCUSSION (Second year) Conference Plenary Session. Participation ADOPTION 6
Both women and men experience violence and harassment in the world of work, but unequal status and power relations in society Gender-based violence one of the most tolerated violations of human rights (including workers’ rights ) But NO law at international level that sets a baseline (minimum standard) 7
2009 ILO report Gender Equality at the Heart of Decent Work : “Gender - based violence in the workplace should be prohibited; policies, programmes, legislation, and other measures, as appropriate, should be implemented to prevent it .” 2009 ILC Conclusions and first discussion at the GB (October) Proposal put before ILO Governing Body at least 5 times (2012, 2013, 2014) In October 2015, the ILO GB finally agrees 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 But first…. 8
We need an experts’ meeting! October 2016: Tripartite Meeting of Experts 9
November 2015 Governing Body places standard-setting item on the agenda of the 2018 ILC on “Violence against women and men in the world of work” October 2016 Governing Body decides to change the title of the agenda item to “Violence and harassment against women and men in the world of work” May 2017 White Report, Report V(1), setting out the law and practice in different countries, together with a questionnaire, published September 2017 Deadline for member States to submit questionnaires March 2018 Yellow Report, Report V(2), including replies from member States and draft Conclusions, published
Replies received from: 85 G, 179 WO, 29 EO Form of the Standard: majority of G and WO – C + R; majority of EO – R Contents of the C: Preamble Definition and Scope Content of a Convention & Recommendation: - FPRW & protection; - Prevention measures; - Enforcement, monitoring and victim support; Support and guidance and national - level; Means of implementation -
June 2018 107th Session of the International Labour Conference ( first discussion ) August Brown Report, including draft instrument(s), published 2018 November Deadline for replies from constituents on draft instrument(s) 2018 March Blue Report, including proposed instrument(s), published 2019 June 2019 108th Session of the International Labour Conference ( second discussion )
White (Law and practice) report (and questionnaire) http://www.ilo.org/ilc/ILCSessions/107/reports/reports- to-the-conference/WCMS_553577/lang--en/index.htm Yellow Report http://www.ilo.org/ilc/ILCSessions/107/reports/reports- to-the-conference/WCMS_619730/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=NORMLEXP UB:1:
Tripartite Meeting of Experts on Violence against Women and Men in the World of Work: Background paper http://www.ilo.org/gender/Informationresources/Publications/WC MS_522932/lang--en/index.htm Outcome report and conclusions http://www.ilo.org/gender/Informationresources/Publications/WC MS_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
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