April 26, 2018 ILO presentation

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
  governments, workers,               Governing Body
employers, the ILOffice, UN                                              E&W
     Agencies, etc...                                                 Participation

I Office Report
    (White)                             Governments                    Consultation.
                                                                           E&W
II Office Report
    (Yellow)                            Governments                    Consultation
                                                                          E&W
                                 Tripartite Committee of the ILC      Participation
                                 FIRST DISCUSSION (First year)           GEW

   III Office
Report (Brown)                                                     Consultation
                                        Governments                   E&W
IV Office Report
     (Blue)                             Governments                  Consultation

                                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