This website focuses on issues regarding social protection in Asia and the activities done by the Network on Social Protection Rights (INSP!R) and its members. It is under the editorial oversight from the Asia Steering Committee, composed out of members from India, Bangladesh, Nepal, Cambodia, Indonesia and Philippines. It is meant to foster dialogue and share experiences.
The articles describe challenges and achievements to improve the right to social protection to workers in the region, with a specific focus to gender, youth and informal workers.
Showing posts with label political action. Show all posts
Showing posts with label political action. Show all posts
The Commission of Norms of the International Labor Organization (ILO) adopted on Monday, June 17, 2019 the Convention 190 aimed at eradicating violence and harassment in the world of work. Noticeably affecting all types of work all over the world, this binding instrument will now have to be ratified by the member states of the organization.
In 2018, the International Labor Organization (ILO), alerted to the catastrophic consequences of violence and harassment in the world of work, launched a normative process to develop a binding international standard to combat this unacceptable problem. After two intense working sessions organized during the International Labor Conference in June 2018 and 2019, the work has just ended this Monday, June 17, to the applause of the 500 people composing the Standards Committee, exhausted by two weeks of hard work which often continued till late.
ADB President Takehiko Nakao reads the Global Charter for Universal Social Protection Rights and Principles during the Meeting between CSOs and ADB Senior Management
NGO Forum on ADB was able to further the cause of the Global Charter for Universal Social Protection by bringing it to the 52nd Asian Development Bank (ADB) Annual Meeting in Nadi, Fiji last May 1-5, 2019.
1. The Global Charter for Universal Social Protection (and principles) was presented and given to ADB President Takehiko Nakao during the CSO Dialogue with the President.
Rayyan Hassan, executive director of the Forum, explained the need for the ADB to fully support and adapt the charter and the principles. After the explanation, a copy was handed to President Nakao and NGO and Civil Society Center Head, Chris Morris. You can see the video here (social protection segment at 23:57).
2. During the discussion on ADB's Strategy 2030, NGO Forum on ADB also pushed for the adaptation of the Global Charter for Universal Social Protection especially in the area of "Addressing remaining poverty and reducing inequalities" (Operational Priority 1). The charter and the principle was also endorsed and given to Ms. Wendy Walker, the lead person of operational priority 1. She, in turn, said that she would like to hear more regarding the charter once we come back to Manila and it is expected that there will be a series of meetings between the office of Ms. Walker and NGO Forum on ADB re: social protection
3. The charter and principle was also a major part of the panel "Unpacking the Delivery of ADB’s Safeguard Policy Statement" where the Forum expressed its belief that there is no clear policy framework in ensuring safeguards in ADB supported projects. speciall those that are co-financed with other multilateral development banks. Emphasis was given by the speakers on the issue of social justice and protection. Two individuals from the Indian National Rural Labor Federation (INRLF), Tamil Nadu State, India Sitaram Saini, President of All Himachal PWD & IPH Contractual Workers Union (AHPWDIPHCWU), Himachal Pradesh State, India with the assistance of Building and Wood Workers' International (BWI) was able to speak in the panel session and share their experiences (you can watch the video here https://www.youtube.com/watch?v=56qd_s3jRzo&feature=youtu.be).
Third, copies of the Global Charter for Universal Social Protection (and principles) were given out to the attendees of the NGO Forum sessions, and inquiries about the charter and principles were discussed by the Forum members, including why the Forum network is endorsing it. There were dialogues around the charter and the principles amongst other NGO's attending the event, most significant is the interest of Pacific groups who shares thesame sentiments.
4. The charter was also given to the following ADB Officials:
Head of the Sustainable Development and Climate Change Department (SDCC)
Board of Directors
Alternate Directors
As of May 10, 2019 several ADB Officials expressed their intention to meet with NGO Forum on ADB regarding social protection including Alternate Director Helmut Fischer (alternate director for Austria / Germany / Luxembourg / Turkey / United Kingdom) and the Office of Director General Woochong Um.
The Indian Government is in the process of replacing 44 labour laws by 4 codes namely Wage Code, Industrial
Relations Code, Social Security Code, Occupational Health and Safety Code. All four Codes were meant to simplify the existing Labour laws, but end up watering down
workers’ rights, in order to promote ease of doing business.
The Social
Security Code would replace 15 existing Social Security Acts. The main problem for NDWM is
that it interferes with all the existing Welfare Boards. There will be only one
single Social Security Board for both organized and unorganized workers in
every state. This would make the numbers dealt with by this Board huge and very difficult to manage. Deductions towards the
Social security Fund would be 12.5 % from workers and 17.5 % from employers, which would seriously affect unorganized labour.
Geneva, January 22, 2019 - The International Labor Organization (ILO) officially launched its centenary with the presentation of the final report of the Global Commission on the Future of Work. As the name suggests, this Commission focused on the Future of Work. Former World Solidarity Chairman and until recently, chairman of the Board of Directors of the ILO, Luc Cortebeeck, also participated in this Committee.
The ILO, when blowing its 100th candle, aims to do 2 things. On the one hand, it looks back on the past as the only tripartite organization in the UN system, where governments, trade unions and employers jointly set out guidelines for social policies worldwide. On the other hand, it wants to look ahead: what challenges do we face in the world of work and what answer can the ILO offer? The Global Commission has focused on this key question since October 2017. Its analysis and recommendations can be found in the report 'Work for a brighter future'.
The Social Justice Cluster of the Asia Europe People's Forum
presents this video on social protection and on the Global Charter for Social
Protection Rights. The video was made with the help of the NGO Forum on
ADB.
The Steering committee of our
Asia Network on the Right to Social Protection (ANRSP) has decided to support
the charter which will also be discussed at our Asia Seminar in Kathmandu in
February 2019.
Please watch the
video and distribute it if you can. You can access it by clicking on this link.
The ANRSP, represented by Bismo and Ath Thorn (Cambodia Steering Committee Member), attended the ASEAN Civil Society Conference/ ASEAN People Forum in Singapore from 2 till 4th of November 2018. ACSC/APF is a gathering of Civil Society Organizations (CSOs) in Southeast Asia to engage with ASEAN on the issues affecting the region. ASEAN is composed out of 10 countries in South East Asia; Indonesia, Malaysia, Philippines, Cambodia, Singapore, Thailand, Brunei Darussalam, Vietnam, Laos and Myanmar. The 10 states of ASEAN have very different political systems, which are reflected as well in their representatives attending the forum. After initially focusing on lobbying towards, due to the lack of response, ACSC/APF will mainly build an alternative model of regional integration and people’ solidarity across the Southeast Asia region. In Singapore, delegations were limited to maximum 200 peoples or 20 delegations per country -compared to a total of more than 1.000 people in the ACSC/APF Philippines in 2017, certain topics were considered ‘sensitive’ and there were no officials present from ASEAN or Singapore.
Mid October 2018 leaders of states from Asia and Europe meet in Brussels, as part of the Asia Europe summit which happens every two years. In its wake, civil society meets at the Asia Europe People's Forum, as well as business representatives or other lobbying groups. For the very first time, the three networks working on social protection in Asia organised a joint session during this forum as part of the social justice cluster. Hence, a twelve people delegation was supported to attend the 12th AEPF which took place in Ghent, composed out of six Steering Committee Members and a representative from the Network for Transformative Social Protection (NTSP) and the Asian Round Table on Social Protection (AROSP) network.
Topics which were discussed were, among others, trade agreements, climate action, migrants in Ghent, human rights, Palm oil plantations and many more. A part from the overall declaration, the Social Justice cluster came forward with a charter which includes many of the topics our networks have been lobbying for and will be presented to European and Asian leaders, as well as used to advocate at a global level.
The three networks also organized an open session on The right to Social Protection for All: Strengthening the right to social protection for vulnerable people in Asia & Europe. According to the ILO World Social Protection Report 2017-2019, only 45% of the global population (38,9% in the Asia–Pacific region) is covered by at least one social protection benefit. The right to health is not yet a reality in many countries, especially in rural areas. Lack of social protection leaves people vulnerable to poverty, inequality and social exclusion across the life cycle. Coverage gaps are associated with significant underinvestment in social protection.
At the same time, the world of work is rapidly changing following demographic evolution, globalization of production, international trade, digital economy and automation, urbanization, workers mobility and increase of non-standard employment (precarious contracts, on call work, etc). This comes on top of persistently high levels of informal economy in many countries. Extending social protection and its benefits, and increasing the availability as well as improving the working conditions are already manifesting as major challenges in the future in Asia and in Europe. In a world with widening inequalities and enormous uncertainties, social protection is needed more than ever; it is a must.
Both in Asia and Europe social movements are mobilising and campaigning for the right to social protection for all to be respected and realized. They are also making the way by establishing own initiatives and mechanisms for social protection. In both Asia and Europe there are some good practices were social movements managed to convince governments to strongly expand social protection coverage introducing various schemes ranging from universal health care, work and livelihood guarantees, unemployment and disability income-support, work injury insurance, old-age pensions, maternity protection, calamity assistance and others.
But given the many challenges and gaps remaining to fully implement and guarantee the right to comprehensive social protection for everyone, current policies will need to be improved and upgraded. Social protection policies should be rights and solidarity based, strongly involve the representative social movements and integrate their initiatives in universal social protection mechanisms so they can cover social protection rights throughout the whole life cycle for the entire population.
We should maintain and fully implement the principles of Social Protection that are globally agreed by the world’s leading organization on social protection standards, the ILO, and its Convention 102 and Recommendations 202 and 204. These and other human rights treaties and declarations clearly state Social Protection is a universal Human Right. It is also well integrated in the Sustainable Development Goals.
In this open space workshop we focus on how social movements assert the right to social protection, and make the way by establishing own mechanisms of social protection and influencing their governments to largely improve their social protection policies in line with the above mentioned principles and international standards.
At the international level, there has been renewed and increasing commitment to extend social protection in recent years, most notably through the adoption of ILO Recommendation 202 (National Social Protection Floors) and Recommendation 204 (Transitioning from the Informal to the Formal Economy). The Agenda 2030 further strengthens this international commitment with references to social protection in 5 of the 17 Sustainable Development Goals (SDG’s).
However, the question of how such extensions to social protection should be financed and who should finance them has been relatively under addressed within international debates. It was within this context that the International Trade Union Confederation (ITUC), the Friedrich Ebert Stiftung (FES) and World Solidarity (WSM), decided to host a Global Conference on Financing Social Protection on 17-18 September 2018 in Brussels. The conference brought together over 100 participants from trade unions, civil society, academia, think tanks, international organisations and governments from across the world to identify the challenges to financing social protection and to explore the solutions available both at the national and the international level.
Members of the ANRSP, together with the two other Asian networks on social protection, NTSP and AROSP, met with European Parliamentarians on the 26th of October 2018 in Brussels. Taking advantage of their stay in Belgium for the Asia Europe People’s Forum, this exchange on the situation in Asian countries regarding human rights, free trade agreements and social protection was done with the Global Progressive Forum (GPF), which is a common initiative of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament and the Party of European Socialists. Their network sprang up from the success of the first World Social Forum held in January 2001 in Porto Alegre and aims to bring together a diversity of people from Africa, Europe, Asia, the Middle East, and Latin America to discuss and propose alternatives to the negative aspects of the current Globalization process. The GPF had also invited members of the network of ASEAN Parliamentarians for Human Rights, who contributed as Asian Parliamentarians. Invited by WSM, the Social Protection Expert of the European Commission DG DEVCO and a member from the Regional Affairs and South Asia of the European External Action Service (EEAS), also attended and explained their priorities.
Our delegation highlighted the current situation in India and the dangers to the labour movement there, with an increasing criminalisation and deterioration of labour rights in the process of codifying the labour laws. NDWM also referred to the situation of domestic workers, with Sister Jeanne Devos explaining the history of their movement and their involvement in the process of the ILC189. Another big topic was the influence the EU can have through trade agreements which conditionalize import tariffs with the respect of human and labour rights, for instance in the Philippines (GSP+) and Bangladesh (Sustainability Compact). Bismo Sanyoto, Thematic and Political Coordinator of the ANRSP talked about the two issues of social protection: how to finance this (most countries still spend less than 2% of the GDP on social protection) and how to extend the coverage, also for informal workers.
Despite all the lofty declarations which put social protection as a priority for the development programmes of the EU, the representative from DEVCO said less than 1% of the overall DEVCO budget is dedicated to SP projects. He said the future global programme will focus on budget support, in 5 to 8 countries over the world, to link public finances and social protection. This would involve civil society organisations, also through the Global Coalition on Social Protection Floors, of which WSM is an active member.
ITUC, with FES and WSM brought together 140 participants from over 30
trade unions and civil society organisations in the world to look at ways to
finance social protection 17-18 September in Brussels. Worldwide, social
protection is increasingly recognised as a priority: by the ILO (with
Recommendation 202 on social protection floors adopted in 2012), the EU, the World
Bank, the IMF and even the G20. As a result, it features very prominently in the
Sustainable Development Goals (1.3).
Gijs Justaert from the policy department of WSM: “Though the
consensus on the need for social protection grows, the main question remains:
how to achieve universal social protection in each country?”. Alison Tate,
Director of Economic and Social Policy at ITUC feels that “extending social protection shouldn’t be seen by governments as an increased expense, as many do - in an environment of austerity, but as an investment that pays off in terms of better skills, greater equality and inclusive economic growth.”
Several international organisations (ILO, WB, IMF, EU and OECD) and
development partners shared their views on the question of sustainable
financing. Bruno Deceukelier, Asia Coordinator for WSM sees “a big
difference in approach between some of them. The World Bank and IMF want to
assist the extreme poor or crises affected population, whereas Social
Protection with a right based approach would ensure universal coverage, which
would also gather larger support from all citizens.” The FES Social
Protection Index and other research shows that in the short term, 71 countries
could achieve social protection floors for all by investing an extra 2% of GDP
or less.
Sulistri, from KSBSI
“In South Asia, the informal workers still have to be reached and
covered by the newly adopted social security schemes, because they represent
over 80% of the population, as well as labour migrants, both in the sending or
the destination countries”, says Umesh from GEFONT in Nepal.
Sulistri, from
KSBSI, and also Steering Committee member for Indonesia of the Asia Network on
the Right to Social Protection (ANRSP) echoes this: “As a union we successfully
pushed for the inclusion of workers from the informal economy in the law on
social security, but it is complicated because the contributions come only from
the workers, and have to be paid regularly; if not, they lose their benefits.
This seminar looked at eight options to finance Social Protection, and,
hopefully with the assistance from ITUC, we can analyse which are most
appropriate for us in Indonesia.”
Prit SoUot from CLC Cambodia, highlights
existing gaps: “the NSSF only covers employment injury insurance for the
enterprises employing at least 8 workers and that the Cambodian Government’s
plan to extend social insurance for disabled, unemployed and retirement needs
to be closely monitored.”
Francisca Altagracia Jimenez
AMUSSOL-CASC
Francisca Altagracia Jimenez from AMUSSOL-CASC explained their efforts
to cover the informal workers in the Dominican Republic, which wasn’t an
evident choice for trade unions, but which has allowed them to increase their
membership. “Today, more than 60.000
informal economy workers, 40% of them women, enjoy health care, employment
injury insurance and an old age pension.”
But social protection is not only for the workers, and Drissa Soare from
CNTB, Burkina Faso highlights the importance of working together with other
actors of civil society, like health cooperatives to help ensure the access to
health: “with the support of WSM, we have been working together in a
multi-stakeholder network to lobby for better legislation and extend the
services and coverage to their members.”
Drissa Soare from CNTB, Burkina Faso and Alison Tate, ITUC
In short, as Alison Tate, Director of Economic and Social Policy of ITUC
says: “Promoting Social protection is part of the core business of trade unions, as it links directly to the fight against inequality.” This seminar
allowed trade unionists and civil society representatives from Africa, Latin
America, Asia and Europe to share experiences and good practices. Several of
them highlighted the need to work together in strategic alliances to address
the huge challenges that remain.Something
WSM and its partners already do within their network on the right to social
protection. Something ITUC, FES, WSM and several other civil society
organisations do within the Global Coalition for Social Protection Floors.
In short, the conference was an excellent opportunity for WSM and its partners
to increase their visibility and highlight some of their work, not only to
other trade unions, but also to stakeholders like the ILO, potential donors and
partners which could support our rights-based approach to promote the right to
social protection for all around the world.
The Tamil Nadu government in southern India has fixed minimum monthly wages for domestic workers in a recently released notification. The issued notification recognises skilled, semi-skilled and unskilled domestic workers. It is a big step by the state government as a part of Labour Reforms which aimed at setting guidelines for the unorganised sector. There should not be any distinction between the wages of a male and a female worker.
The notification is based on the recommendations made by an eight-member committee, headed by the Deputy Commissioner of Labour of Coimbatore. The committee had meetings with labour inspectors, domestic workers union and employers to understand their needs.
Any violation of the notification can land into punishment of up to seven years imprisonment with fine.
While this is an important step forward, a national policy is needed for the safety of domestic workers which would ensure their overall well being which includes health, education of their children etc. The Ministry of Labour has been working on a policy for domestic workers since last three years.
The Indian National Platform for Domestic Workers (NPDW), a networking body with NDWM and NDWF as members, organised a public event on 2 August in Delhi to demand the Government of India to enact a National Legislation for domestic workers and to withdraw the Labour Codes which are not labour friendly. This event consisted of a rally and public programme in which six Members of Parliament addressed the participants.
To create awareness about the Labour Code and to seek public support, NDWM and NDWF launched a signature campaign on 1st of May and managed to collect 150,000 signatures from 16 States, also with the help of the other WSM India partners. These signatures were submitted to the Prime Minister and the Labour department on 2nd of August.
To raise awareness and public support, posters were displayed in slums and public places. NDWM organised press conferences in 14 States, leading to wide media coverage. The NDWM advocacy team met around 20 members of Parliament to invite them for the rally (30th of July till 1st of August), some of whom endorsed the petition of the NPDW, as well as prominent leaders like Shri. Sitaram Yechuri and Shri. Rahul Gandhi.
A delegation of the European Commission and the European External Action Service (EEAS) visited Cambodia from 5 to 11 July 2018 to evaluate the situation on the ground following recent worrying human rights and labour rights developments in the country.
The European Union will now analyse as a matter of priority the information gathered during the mission to consider further steps. This analysis will also take into account further written submissions from the Cambodian authorities, reports of the International Labour Organisation (ILO) and other bodies responsible for monitoring the implementation by Cambodia of the international conventions relevant to the EU duty-free trade scheme Everything But Arms (EBA). The EBA trade scheme allows Cambodia to export all products (except arms and ammunition) into the EU, free of quotas and tariffs.
Commissioner for Trade Cecilia Malmström said: "The EU is proud to provide the most economically vulnerable countries of the world with free access to our market. The Everything But Arms initiative has had a significant impact on development and poverty eradication in Cambodia. Nevertheless, the recent worrying developments in the country have called for a closer assessment of whether Cambodia is fulfilling its commitments. The discussions and information gathering during our EU mission have focused on the serious decline in the area of political and electoral rights, as well as a curbing of civil society activities. There are also deficiencies when it comes to land dispute resolution mechanisms, and serious threats to freedom of association and collective bargaining rights. In the trade policy of the European Union, social justice is a vital aspect, including the respect for human rights, fundamental freedoms and labour standards. Following the fact-finding mission, we will now analyse the facts in detail, and consider further steps. Removing Cambodia from the trade scheme is a measure of last resort, if all our other efforts have failed to address these concerns."
The EU delegation met with several members of the Cambodian government, as well as trade unions, civil society, businesses, and the United Nations (UN) and International Labour Organisation (ILO) representatives in the country.
While GK, one of WSM's partner in Bangladesh, focuses on a pilot project which is providing overall health insurance for over 35.000 garment workers, in the period since the Rana Plaza and Tazreen claims were paid, the ILO has spearheaded a project, funded by the German government, to develop concrete proposals for a national Employment Injury Insurance (EII) scheme that have been shared and discussed with all relevant stakeholders. According to a paper published the Clean Clothes Campaign, the proposals as drafted also met with broad acceptance among the key parties, including the national trade union centres; most of the outstanding questions are centred on how the scheme will be financed. Yet, over the last two years this work appears to have stalled and momentum towards meeting the 2020 deadline is being lost.
The establishment of a national employment injury insurance (EII) scheme in Bangladesh is the only way to ensure that the rights of those injured at work are protected and that their families receive the loss of income payments and medical care they are entitled to. Any such scheme must be permanent and be set up to provide loss of income payments and medical care to any worker injured or killed at work, regardless of fault. The scheme needs to provide life time pensions, rather than lump sums and to put in place a permanent system for claiming and receiving such payments that is easy to access, difficult to corrupt and paid in a form that is most appropriate for low wage workers.
A meaningful EII scheme needs to be mandatory, state run and universal. Employer insurance schemes - where individual employers take out insurance to cover their own workers - are not in line with international standards and are particularly inappropriate in a context where the enforcement of basic employer obligations is weak and the employment relationships are often informal. Attempts to privatise the obligation to provide employment insurance is likely to leave the majority of workers – particularly those employed in smaller or subcontracted factories – without any protection and will do little to improve the measures already in place.
Bangladesh is no longer a country defined by its poverty and there is no excuse for the lack of social security provisions, which leaves workers permanently vulnerable to disaster or accidents. The garment industry has played a vital role in bringing foreign investment into the country and its workers have the right to expect that some of these profits are invested into systems that will reduce this vulnerability and provide livelihood security.
With upcoming June meeting in Brussels on the Sustainability Compact between the EU and Bangladesh, this item should definitely be on the agenda.
Asia Floor Wage Alliance (AFWA) has published an Executive Summary that condenses the Key Findings and Risk Factors related to gender-based violence in garment global supply chains of H&M, GAP and Walmart, easier to quickly reference and share (here) which you can also find it at their webpage.
AFWA is proud of these research reports that have served to fuel, strengthen and support the tripartite dialogue at the ILO in favour of labour - as trade unions and governments have struggled for the last ten days with the obstructionist tactics of employers lobby dominated by multinationals at the ILC in Geneva. The findings from the reports have been startling and provided most current evidence.
On June 5th, the Guardian covered Asia Floor Wage Alliance’s research on gender-based violence in H&M and GAP supply chains. The newspaper reported that, “Gap and H&M both would investigate the allegations [of gender based violence in their supply chains] and that they welcomed initiatives to tackle violence, including an ILO convention.”
The world of work is rapidly changing following demographic evolution, globalization of production, digital economy and automation, urbanization, workers mobility and increase of non-standard employment (precarious contracts, on call work, etc) . Young ‘millenialmillennial’ generations will comprise 50% of the workforce in 2020 with a new behavior and mindset to adapt the changing nature of work. More women are entering the workplace and more people are working from home. New types of job which never existed before will be created, such as green jobs. The role of the government in providing social services to the people has been reduced in many countries and it is being replaced by private actors who commercially provide all kinds of services ranging from health insurance to pension funds for those who can afford them. Poverty and migration have provided an army of people who are willing to work any type of jobs at any wage, which undermines the existing social protection, and weakens the workers’ bargaining position.
According to the ILO World Social Protection Report 2017-2019, only 45% of the global population (38,9% in the Asia–Pacific region) is covered by at least one social protection benefit. The right to health is not yet a reality in many countries, especially in rural areas. Large coverage gaps remain for child and family benefits, maternity and unemployment protection and disability allowances. Lack of social protection leaves people vulnerable to poverty, inequality and social exclusion across the life cycle. Coverage gaps are associated with significant underinvestment in social protection. In the Asia-Pacific region, government expenditure for social protection to GDP is only 4.6%, compared to Western Europe’s 18.1%. Asia is young but is expected to age considerably in the next 15 years. While poverty is declining across Asia, a majority of workers are still working in the informal economy, with long working hours, low income and without social protection. Extending social protection and its benefits, and improving workers’ job quality will be among Asia’s major challenges in the future.
In a context of persisting dependency on the informal economy for large numbers of people, worsening loss of livelihood because of limited access to the resources (land grabbing, pollution…) and growing precariousness in the formal economy because of increasing non-standard forms of work (short term contracts, on call work, zero-hour contracts, platform etc.), one could be tempted to forget about the level of income or wages. After all, ‘any job is better than no job at all’. And yet, it is precisely in this context we have to guard and guarantee the right of every person to have the necessary resources and income to lead a life in dignity.
We are aware of the important links between the remuneration of ones work, social protection allowances, access to quality social services like health. Low income, bad housing or limited healthy food leads to illness and health expenses and the incapacity to work and to earn an income and vice-versa. In this position paper we will however focus on the revenue one earns for work. The right to a Minimum Living Wage has been recognized in several international conventions and declarations, like the Constitution of the ILO (1919), the Universal Declaration on Human Rights (UDHR 1948), and the International Covenant on Economic, Social and Cultural Rights (ICESC 1966) and ILO convention 131 (1970).
As members of the ANRSP, we adhere to these international conventions and declarations and we consider a Minimum Living Wage to be a legally binding concept. It is a right that has to be respected whatever the situation, the form or statute of labor, without any discrimination. However, we have to acknowledge the international texts remain broad and are in need of specification. So far there is no globally accepted definition and methodology to calculate living wages. Enterprises often use this as justification for not paying a living wage and refer only to minimum wages set by national laws as legally binding concepts.
In reality, the current minimum wages are not sufficient to guarantee the needs for workers and their families and don’t allow to lead a life in dignity. They are also greatly insufficient to stop the current race to the bottom, fueled by global competition and businesses desire to maximize profits. The ILO constitution and the UDHR not only mention a ‘minimum living wage’, but also a just share of the fruits of progress to all and a ’just remuneration’. In addition to this, sustainable Development Goal 10 focuses entirely on the reduction of inequality. Apart from just taxation and redistributive social protection, a sufficiently high share of labor in the overall wealth is a key to achieving this objective.
An international norm about (sexual) violence on and around the work? Everyone at the International Labor Conference in Geneva wants it. Governments, employers and employees: #Iwant! But why don't those negotiations go as smoothly as hoped for?
"Violence behind closed doors"
It is clear to everyone that we are negotiating a new international labor standard. Examples of violence and bullying in the workplace were suddenly discussed in living rooms worldwide last year. #metoo! has awakened the world. Previously unspoken and tolerated abuses have been highlighted in the media.
You also notice this at the Labor Conference. The hashtag is frequently used from the crowded benches of representatives from government, employers and employees. For the more than 200 women and the (unfortunately) few rare men who defend the interests of the employees here, the hashtag gives them a louder voice. And the perseverance to go for a powerful, binding instrument. The many women know very well why they are here. Tells Sr Christy Mary of the National Domestic Workers Movement in India, founded by Belgian sister Jeanne Devos. "In India, violence against women has increased in recent years. That is no different in the workplace, and certainly not for domestic workers who work behind closed doors, "Christy testifies. "Today, India has no law that protects women from violence in the workplace. A binding international standard would help us to put the government under pressure to comply with it."
Intimidation or a compliment?
Everyone had expected that it would be difficult. After all, the employers are not jumping for additional regulation. And certainly not if they would be held responsible for violence and intimidation that is not strictly on the work floor, but also in work-related activities outside. The relocation to and from work, company parties, or intimidation by customers and others. And then the debate about what violence and intimidation should encompass. The search for a definition - the first article of a possible new labor standard - has occupied the conference for the initial full four days (and late evening!).
Do we really want to punish everyone who gives a colleague a compliment about a nice dress, is what we hear from the employers' side. Do we really want to punish everyone who gives a colleague a compliment about a nice dress? Those who are without sin, cast the first stone ... #Ihave!
Whatever will be the result, it is important for the workers' group that it concerns physical as well as psychological and sexual forms of violence and intimidation, as well as violence or bullying of a sexist nature aimed at women, gays, transgenders or anyone else. Yet no one expected that it would be this difficult. After a week of negotiation - there is a draft text with 37 articles - we are still talking about the first three articles: the definitions of violence and intimidation in the working environment and the scope of a possible new labor standard. The employers' group plays it extremely smart. They leave no opportunity to emphasize how important they think this is, but don't hesitate to continue to raise issues so cloud the debate. Enough to ensure that all 187 authorities present are thoroughly reviewing their own national laws or practices and start rounds of debates and discussions until late in the evening. For the workers' group, there is nothing else to do but to dig in.
As it looks currently, it will inevitably turn out to a vote on one of those late nights. Do we want a binding regulation or just a more voluntary recommendation? For the trade unions and the many NGOs that are present here, including World Solidarity with its various partners, lobbying has been done to get as many governments as possible on our side. Belgium at least, represented by Labour Minister Kris Peeters, emphasized yesterday in the plenary session of the Conference that it is in favor of a binding instrument, and does everything it can to tackle gender-based violence in its own country.
Sr Christy – NDWM India: The ILO Convention is very
important for us in India because in India, violence in the workplace is
increasing. Also for the National Domestic Workers Movement it is very
significant because domestic workers are vulnerable to abuse and harassment.
Since they are working behind closed doors, the crimes against domestic workers
are often not reported. After this Convention, since the government of India is
in favour of a Convention, it will help us to lobby with the government to pass
legislation.
Koumoura (CNTG, Guinée): There are many types of violence: sexual
violence, physical violence, moral violence, psychological abuse and also
commercial violence. We, as a union, what do we do? We are already confronted
to several types of violence. Women come to us, to tell us that they suffer at
the workplace, that they are harassed. What do we do? We try to provide them
with support, we tell them that we must break the silence. As soon as you are
harassed by your superior, because you have to recognize it, we have serious problems.
Harassment is a serious form of violence that humiliates women. But this is a
big taboo for woman in our countries. We cannot say what happens, if not the
woman, she loses her honor, whereas it is not about that. We must break the
silence to really fight violence. So we tell them: break the silence. That is
why it is our joy that this convention is made, that it is drafted to punish
the perpetrators of violence and harassment.
Garciela Lopez, World March for Women, Latin America: Women
around the world need a legal instrument to combat gender-based violence and
harassment. We need a binding convention that obliges states to work toward
this. We need a legal instrument that obliges employers and employees alike to
respect and obtain a life free from violence and gender-based harassment in the
workplace. Work must be understood as meaning the formal and informal economy,
as well as other forms of work, in the community and also in our homes. We are
one-third of the working population that suffers daily from harassment and
gender-based violence.
Every year since the Rana Plaza disaster, workers have insisted that the ILO’s Committee on the Application of Standards hear and discuss how the government is failing its workers on the right to freedom of association. And, every year, the ILO Committee of Experts and the Committee on the Application of Standards have issued clear, direct recommendations to the government in order to comply with the Convention. Unfortunately, the government has wasted every opportunity it has been given to improve the situation for workers. The Bangladesh Labour Act, the country’s primary labour law, and its regulations contain numerous obstacles to the exercise of this fundamental right. Workers in Export Processing Zones are prohibited from forming a union. The government still arbitrarily denies the registration of over half the unions that apply. And workers face dismissal or worse, including severe beatings, for attempting to form unions – while those responsible face no consequences whatsoever. The ITUC’s 2018 review of the Committee of Experts’ report makes this abundantly clear.
Bangladesh will not appear on the short list of cases of the Committee on the Application of Standards this year – not because there is improvement but rather because there is none. It makes no sense to provide the government yet another opportunity to make the same old excuses and the same old empty promises. Further, the ILO supervisory system has repeated too many times what the government must do to protect the right to freedom of association. Instead, we are putting the government of Bangladesh on notice. It has one final year to put its house in order. If it does not, the Workers’ Group will file for the establishment of a Commission of Inquiry at the 2019 International Labour Conference.
This also serves as a notice to global brands. If you are truly serious about your commitments to respect labour rights in global supply chains, the case of Bangladesh provides no better opportunity. In the run-up to the centennial of the ILO next year, let’s see whether together we can make real progress. If not, then we know what to expect next year.
