The International Labour Conference of the International Labour Organization (ILO) adopted an “unprecedented Convention and accompanying Recommendation” during its June 2019 meeting, setting new global obligations and outlining measures for ILO Member States to take in addressing violence and harassment in the context of work. [ILO Press Release: Conference] The Violence and Harassment Convention, 2019, a legally binding instrument, covers violence and harassment, including on the basis of gender, in all sectors of the economy and all work-related activities, and expressly indicates that such violence or harassment may amount to human rights violations. [ILO Press Release: Conference] It requires States to implement legislation, training, monitoring, and avenues of redress and support in order to prevent and remedy these practices; it also calls on States to address the particular needs of vulnerable groups and those impacted by domestic violence. See Violence and Harassment Convention, 2019, arts. 6-11. The Convention represents the first new legally binding instrument adopted by the Labour Conference since 2011, when it adopted the Domestic Workers Convention, 2011 (No. 189). [ILO Press Release: Convention] The Convention will enter into force one year after two ILO Member States ratify it, and will come into force for States parties one year after their ratification. See Violence and Harassment Convention, 2019, art. 14.
Category Archives: labor rights
On May 7, 2019, the International Labour Organization (ILO) announced the launch of a new plan including a series of urgent interventions aimed at addressing the security, economic, and social integration needs of Venezuelan refugees and migrants in Argentina, Brazil, Chile, Colombia, Ecuador, and Peru. See ILO, Appeal: Venezuelan refugees and migrants in Latin America and the Caribbean. Under this proposed plan – developed together with the International Organization for Migration (IOM), Food and Agriculture Organization of the United Nations (FAO), and the Organization of American States (OAS) – the ILO has committed $2 million USD of its voluntary funds to support projects in the three countries that have received the majority of displaced people from Venezuela: Ecuador, Colombia, and Peru. [ILO Press Release] The ILO intervention is part of a broader appeal within the framework of the Regional Refugee and Migrant Response Plan (RMRP), a multilateral plan to coordinate a regional response to the unprecedented and growing “largest displacement of population in the modern history of Latin America and the Caribbean.” [ILO Press Release] Venezuela’s years-long economic and political crisis, which worsened in recent months following reactions by national and foreign authorities to Juan Guaidó’s attempt to claim the presidency from Nicolás Maduro, has resulted in an estimated 3.7 million people leaving the country and about seven million people in Venezuela in need humanitarian assistance. [UN News: Humanitarian Crisis]
In a new report, the International Labor Organization (ILO) proposes a “human-centred agenda for the future of work,” advocating bold action to reduce inequalities and uncertainties in employment by increasing education, training, and support programs; solidifying workers’ rights and protections; and, expanding investment in decent and sustainable work. See ILO, Work for a Brighter Future (2019). The report urges governments to seize opportunities presented by technology, the green economy, and demographic changes. Its key recommendations include instituting: a “universal labour guarantee” that includes a right to an adequate living wage regardless of employment situation; lifelong social protection; lifelong educational and training opportunities; gender equality initiatives; and new private investment incentives to benefit historically excluded or under protected workers. The report was prepared by ILO’s Global Commission on the Future of Work and released on January 22, marking the beginning of ILO’s centenary year. [ILO Press Release] The report will be presented and debated at the Centenary International Labor Conference in June 2019. See ILO, Work for a Brighter Future. at 55.
The ILO report’s release came the day after the United Nations Independent Expert on foreign debt and human rights published new Guiding Principles on Human Rights Impact Assessments of Economic Reforms to assist stakeholders in assessing the impact of economic policies and ensuring that these are anchored in human rights standards. [OHCHR] According to the Independent Expert, “The thrust of the Guiding Principles is that States cannot shy away from their human rights obligations in economic policy making at all times, even in times of economic crisis.” [OHCHR] Both publications reflect broader efforts at the international level to advance labor rights and the progressive realization of economic, social and cultural rights in a comprehensive manner that is centered in human rights. Read more
The European Committee on Social Rights (ECSR) has, for the first time, addressed the collective bargaining rights of self-employed workers, holding that a pre-2017 Irish ban on collective bargaining by freelance journalists, voice-over actors, and session musicians violated the European Social Charter. See ECSR, Irish Congress of Trade Unions v. Ireland, Complaint No.123/2016, Merits, 12 December 2018, para. 35. In view of a subsequent amendment to the Irish law at issue, the ECSR also concluded that the current situation does not constitute a violation. Nevertheless, the ECSR took the opportunity to clarify the status of workers like these artists and writers, and to confirm that the self-employed cannot be categorically excluded from collective bargaining.
In the month of July, various universal and regional bodies will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Three United Nations treaty bodies will meet in July to engage with States regarding their treaty obligations related to civil and political rights, the rights of women, and the prevention of torture. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in August to engage with States regarding their obligations related to racial discrimination and the rights of persons with disabilities, respectively. The UN Human Rights Council and several of its working groups will be in session to review communications, thematic reports, and country-specific reports; select individuals to serve as special procedure mandate holders; and convene several panel discussions on the human rights of women, internally displaced persons, and on technical cooperation in the promotion and protection of human rights related to the 2030 Agenda for Sustainable Development. The Expert Mechanism on the Rights of Indigenous Peoples will hold its annual session. Two UN special procedures will conduct country visits focusing on human rights and transnational corporations, and on the human rights situation in the Republic of Korea.
Regionally, the Grand Chamber of the European Court of Human Rights (ECtHR) may hear one case related to the prohibition of collective expulsion of aliens, and the European Committee of Social Rights and Inter-American Court of Human Rights (IACtHR) will be in session.
The UN treaty body sessions, the public hearings of the European Court, and the hearings of the Inter-American Court, may be watched via UN Web TV, the European Court’s website, and the Inter-American Court’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
On May 21, 2018, Qatar acceded to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which will both come into force for the State in August. [HRW: Treaties] Qatar’s accession to these conventions included both formal reservations on articles to which Qatar will not consider itself bound by as well as statements by Qatar indicating how the government will interpret certain provisions, in accordance with Islamic Sharia law, the national constitution, and other national laws. Civil society has expressed concern at these reservations and statements, particularly as they relate to limitations on women’s rights and migrant workers’ rights. [HRW: Treaties] Including these most recent accessions, Qatar is now a party to nine United Nations conventions, obliging the State to guarantee the rights to equal protection and non-discrimination, among other rights. See OHCHR, Ratification Status for Qatar. Read more
The Committee on the Elimination of Discrimination Against Women (CEDAW Committee) recently published a general recommendation on the adoption of a gender-based approach on the prevention of and response to climate change and environmental disasters. See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 37: Gender-related dimensions of disaster-risk reduction in the context of climate change, UN Doc. CEDAW/C/GC/37, 9 February 2018. The General Recommendation provides guidance to States on fully implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in the context of climate change and disasters; under the Convention, States parties have both general obligations to ensure gender equality as well as specific obligations to guarantee rights that may be negatively affected by climate change and natural disasters. See id. at para. 10. The General Recommendation warns that pre-existing gender inequalities are aggravated following a disaster and women become more susceptible to gender-based violence, but States parties must still guarantee the rights enumerated in the Convention. See id. at paras. 3, 10. The General Recommendation is one of several recent developments on international standards at the intersection of human rights and the environment; notably the Special Rapporteur on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment recently called for the recognition of the right to a healthy environment at the universal level, and published guidance on children’s rights and the environment. [OHCHR Press Release] Read more
On January 24, the European Committee of Social Rights (ECSR) published its 2017 conclusions regarding 33 States’ implementation of the European Social Charter’s provisions related to health, social security, and social protection, and found 175 instances of non-conformity out of 486 situations examined. [ECSR Press Release] Additionally, the ECSR was unable to adequately assess the situation in 83 cases due to lack of information. [ECSR Press Release] The ECSR emphasized the need for States to implement measures to improve workplace safety, maternal and infant mortality, social security benefits, and policies addressing poverty and social exclusion. See ECSR, European Social Charter Social Rights Monitoring 2017: Health, Social Security and Social Protection (2018), 1. The ECSR noted positive developments regarding the framework and adoption of measures with respect to health and safety at work as well as the extension of social security benefits with regards to healthcare and disability. See id. Three States (Greece, Iceland, and Luxembourg) failed to submit their reports on time for review by the ECSR; conclusions on those States will be issued at a later date in 2018. See id.
In December, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State reports, country visits, and thematic and contentious hearings. Two United Nations treaty bodies will continue their sessions that began in November on issues concerning racial discrimination and torture. Ten United Nations special procedures mandate holders and groups of experts will conduct country visits across five continents in December, and one UN group of experts will hold sessions. Regionally, the Inter-American Commission on Human Rights (IACHR) will continue its session and hold thematic hearings on specific human rights issues in the United States and Canada. The European Committee of Social Rights (ECSR) will hold sessions, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the right to assistance of counsel and the application of Islamic law in national courts, respectively.
- Protesters in Hong Kong demonstrated last weekend to call for the release of three pro-democracy activists who were imprisoned last week. [Guardian]
- Maina Kiai, a former United Nations Special Rapporteur and a human rights activist, was detained at the Nairobi airport for two hours before allowed to leave the country last Sunday. [Guardian]
- A Chinese human rights lawyer plead guilty on Tuesday to charges of inciting subversion of state power, but civil society is calling the trial a sham and believe he was forced to confess. [VOA]
Activities of Human Rights Bodies & Experts and Intergovernmental Bodies
- The United Nations Committee on the Elimination of Racial Discrimination issued a decision through its early warning and urgent action procedure that calls on authorities in the United States to denounce racist hate speech and crimes and address the root causes of both. [OHCHR Press Release]
- The United Nations International Labour Organization has created the Global Commission on the Future of Work, which will study the challenges that prevent the creation of decent and sustainable jobs, and the relationship between social justice and work. [UN News Centre]
- The UN Assistance Mission to Iraq released a report this week that calls on the government of Iraq to ensure that women and girls who have survived sexual violence at the hands of ISIL receive care and protection. [OHCHR Press Release]
- India’s Supreme Court ruled this week that the right to privacy is a fundamental right; the ruling also states that sexual orientation is protected by the right to privacy. [Asian Correspondent]
- North Korea indicated this week that the country is building solid-fuel missiles, which can be launched faster and are easier to move. [New York Times]
- A candidate for president in Liberia promised this week that he would establish a war crimes tribunal. [Africa News]
- Last week, torture victims and the psychologists who helped create the United States Central Intelligence Agency’s interrogation program reached a settlement agreement in a lawsuit filed in 2015. [New York Times]