giving globalization a human face · forced labour 4 child labour 5 equality, non-discrimination...

Giving globalizationa human face

INTERNATIONAL LABOUR OFFICE GENEVA

Contents

Page

Parti. Introduction 1

Chapter 1. Preliminary comments 1

Chapter 2. The protection of fundamental principles and rights at work innational constitutions 3

Freedom of association and collective bargaining 4Forced labour 4Child labour 5Equality, non-discrimination and equal remuneration 6

Chapter 3. Other relevant international instruments 9

Recognition of fundamental principles and rights at work in other universaland regional instruments 9

United Nations instruments 9Freedom of association and the right to collective bargaining 9Elimination of all forms of forced or compulsory labour 10Effective abolition of child labour 10Equality, non-discrimination and equal remuneration 11

Regional instruments 12Freedom of association and the right to collective bargaining 12Elimination of all forms of forced or compulsory labour 13Effective abolition of child labour 13Equality, non-discrimination and equal remuneration 14

The objective of coherence in the supervision of the international and regional

obligations of States in relation to fundamental principles and rights at work 14

Part II. Freedom of association and collective bargaining 17

Chapter 1. Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87) 17

Introduction 17

Scope of the Convention and methods of application 19

General principle and authorized exceptions 19Methods of application 19Main difficulties concerning the scope of application 21

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Giving globalization a human face

Thematic issues 21

Right of workers and employers to establish and to join organizationsof their own choosing 21

Trade union rights and civil liberties 21

Right of workers and employers, "without distinction whatsoever", toestablish and join organizations 23

Public "service 23Police and armed forces'...-..r.: 25Fire service personnel and prison staff 25Magistrates and teachers 26Other categories of workers 26

Domestic workers 27Workers in export processing zones 27Workers in the informal economy 28Subcontracting and other means of circumventing the right to organize ... 29

Other forms of distinction 29Distinction based on age : 29Distinction based on nationality or residence 29Distinction based on political opinion 30

Right to establish organizations "without previous authorization" 30Filing of by-laws and registration 31Recognition of legal personality 32Appeals to the courts ' 33

Right of workers and employers to establish organizations "of theirown choosing" 33

Structure and composition of organizations: Minimum membership 33Right to join several organizations 34Trade union monopoly 34Coercion or favouritism by the public authorities 36Recognition of the most representative trade unions 36Trade union security and the right not to join an organization 37

Right of workers' and employers' organizations to draw up their constitutionsand rules, to elect their representatives in full freedom and to organize theiradministration and activities 38

Drawing up of constitutions and rules 38

Freedom to elect representatives 39Election procedures 39Conditions of eligibility of representatives 39

Requirement to belong to an occupation or to an enterprise, andservice requirements 39Nationality, age and literacy 40Political views or activities 41Criminal record 4 1

Re-election, removal and suspension of trade union officers 42Organization of administration and activities and formulation of programmes... 42

Financial management 42Internal administration and inviolability of union premises 44

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Activities and programmes 45The right to strike 46

Dissolution and suspension of organizations by administrative authority 65Right of organizations to establish federations and confederations and to

affiliate with international organizations 65

Chapter 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 67

Introduction „._ 67

Scope of the Convention and methods of application 68

General principle and authorized exceptions 68Methods of application 68

Difficulties concerning the scope of application 69

Thematic issues 70

Protection against acts of anti-union discrimination and of interference 70National legislation 70

Protection against acts of anti-union discrimination 72Acts covered 72Anti-union dismissal and reinstatement 74Persons protected 76Effective and rapid procedures 78Burden of proof 78Effective and sufficiently dissuasive sanctions 79

Protection against acts of interference 79Acts covered, rapid and impartial procedures 79Effective and sufficiently dissuasive sanctions 81

Promotion of collective bargaining 81National legislation 81Scope of collective bargaining 82

Free and voluntary negotiation and autonomy of the parties 82Negotiation in good faith.... 85Workers covered by collective bargaining 85

The public sector and the public service 86Content of collective bargaining 88

Pensions or supplementary retirement schemes and wages in thepublic service 89Level of collective bargaining 91

Recognition of organizations for the purposes of collective bargaining 92Means of recognition 92Rights of minority unions 92Recognition procedure and criteria of representativity 93Threshold of representativity 94

Grouping of trade unions 96Representativity of employers' organizations 96

Negotiation with representatives of non-unionized workers 96

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Machinery and procedures to facilitate and promote collective bargaining 98

Extension of collective agreements 99

Compulsory arbitration 100

Part III. Forced labour 103

Chapter 1. Introduction 103

Chapter 2. Scope of the Conventions and methods of application 107

Scope 107Methods of application: Constitutional and legislative provisions,judicial decisions 108

Difficulties in the application of the Conventions 108

Chapter 3. Forced Labour Convention, 1930 (No. 29) 111

Definition of forced or compulsory labour 111

Exceptions from the definition of forced labour 112Compulsory military service 112Normal civic obligations 113Compulsory labour of convicted persons 114Cases of emergency 114Minor communal services 115

Imposition of labour for public works or services and other specified purposes 116National service obligations 120Restrictions on the freedom of workers to terminate employment 121Work of prisoners for private companies 123Obligation to perform overtime work under threat of a penalty 123Slavery, slavery-like practices and other illegal forms of compulsion to work:Imposition of forced labour on workers in most vulnerable groups 124

Trafficking in persons 128

Chapter 4. Abolition of Forced Labour Convention, 1957 (No. 105) 131

Scope of Convention No. 105 in relation to Convention No. 29 131Imposition of sanctions involving compulsory labour for non-compliancewith restrictions on civil rights and political freedoms 132Imposition of forced or compulsory labour for purposes of economic development.... 135Violations of labour discipline punishable with sanctions involvingcompulsory labour 136Sanctions involving compulsory labour as a punishment for having participatedin strikes 138Imposition of forced or compulsory labour as a means of racial, social, national

or religious discrimination 140

Chapter 5. Law enforcement 141

Penal sanctions 141Law enforcement bodies 142

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Protection of victims 144

Part IV. Elimination of child labour 147

Chapter 1. Minimum Age Convention, 1973 (No. 138) 147

Introduction 147

Scope of the Convention and methods of application 148Scope of application 148Methods of application '.' 151Difficulties of application concerning the scope 152

Thematic issues 153Child labour in the informal economy 153

Legislative measures addressing child labour in the informal economy 153Monitoring mechanisms of child labour in the informal economy 154

Labour inspection 154Child labour monitoring systems 155

Good practices in reaching out to children working in the informaleconomy , 156

Child labour in agriculture 156Application of the Convention to the agricultural sector in law 157Issues arising out of the application of the Convention in theagricultural sector 157

Monitoring child labour in agriculture through labour inspection 158Programmatic measures to address child labour in agriculture 159

Family workers and domestic workers 159Family workers, including unpaid family work 160Child domestic workers 160

Minimum age for admission to employment or work 161Setting the general minimum age for admission to employment or work 161Raising the general minimum age for admission to employment or work 162Minimum age for admission to work and compulsory education 163

Ensuring compulsory education up to the minimum age 163Linking the age of completion of compulsory education with theminimum age for admission to work 164Ensuring access to compulsory education for all children 165

Minimum age for hazardous work 166Minimum age of 18 for admission to hazardous work 166Minimum age of 16 for admission to hazardous work and determinationof such types of hazardous work 166

Absence of a general prohibition on hazardous work 167Absence of a minimum age of 16 for prohibited types ofhazardous work 167Non-compliance with the conditions required for carrying outhazardous work from the age of 16 168

Work done by children and young persons in general, vocational ortechnical education or in an apprenticeship programme 168The minimum age for admission to apprenticeship 169

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Apprenticeship and hazardous work 170Problems of application of the legislation relating to work done aspart of education and training 170

Employment in light work 170Minimum age for light work 170

Lower minimum age of 13 for light work 171Lower minimum age of 12 for light work 171Absence of a lower minimum age for light work 172

Determination of the types and conditions of light work activities 173Types of light work activities 173Conditions of light work activities 174Issues of application regarding legislation on light work 175

Enforcement and impact 175

Monitoring mechanisms 175Good practices: Child labour and labour inspection 176

Child labour related inspections 176Employers' registers 177Collaboration with other bodies ., 177Labour inspectorate and data dissemination 177

Strengthening the effectiveness of the labour inspectorate 178

Penalties 179Adopting appropriate penalties to ensure the effective enforcementof the Convention , 180

Penalties for violations of the prohibitions on minimum age andhazardous work 180Penalties for non-enrolment and non-attendance at school 180

Issues of application regarding penalties : 181Absence of penalties in national legislation 181Insufficiently deterrent penalties 181

Statistical information , 182Achieving universal primary education by 2015: A global overview 182

General picture of the situation in practice in member States 183Measuring the magnitude.of child labour 183

Magnitude of child labour 184Education 184Differences in enrolment rates between boys and girls 185Enrolment rates in primary and secondary education and

out-of-school children 185

Chapter2. Worst Forms of Child Labour Convention, 1999(No. 182) 187

Introduction 187

Scope and methods of application 189Scope of application 189Methods of application 190Difficulties concerning the scope of application 192

Thematic issues 192Sale and trafficking of children 192

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Definition of sale and trafficking 192Legislative measures 193

Comprehensive legislation to prohibit the sale and trafficking of children.. 193Prohibiting child trafficking at 18 years of age 194Prohibiting child trafficking for both sexual and labour exploitation 194Prohibiting the trafficking of both girls and boys under 18 years,taking into account the special situation of girls 195Prohibiting both cross-border and internal child trafficking 196

Issues of the application of the legislation relating to the sale andtrafficking of children 196

Lack of effective enforcement of the anti-trafficking legislation 196Complicity of government officials 197

Programmatic measures 197Programmes and national plans of action against trafficking 198ILO-IPEC collaboration 199

ILO-IPEC Time-bound Programmes 199ILO-IPEC regional projects 200

Prevalence of child trafficking in practice 201Forced labour '. 201

Children in bonded labour 201Legislation prohibiting child bonded labour 201Issues relating to the application of the prohibition of childbonded labour 202Complementary programmatic initiatives to address childbonded labour 202

Forced child labour in domestic work 203Protecting children from forced domestic labour throughlegislative measures 203Issues related to the application of the prohibition on forcedchild domestic work 204

Forced domestic labour continues despite legislative prohibitions 204Taking account of the special situation of girl domestic workers 204

Programmatic measures to reach out to child victims of forced domesticwork 205

The role of national action plans in combating forced domesticchild labour 205The role of ILO-IPEC projects 205Reaching out to child domestic workers through skills trainingand educational measures 205Issues regarding the implementation of programmatic initiatives 206

Compulsory labour within the school system 206Work-study programmes 206Talibe children 207

Despite legislative efforts, the exploitation of talibechildren continues 208Small progress: Programmatic measures to reach out totalibe children : 208

Child labour and armed conflict 209

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The inclusion of forced or compulsory recruitment of children in armedconflict as a worst form of child labour 209Legislative measures adopted by member States 209Issues relating to the application of the legislation concerning theforced or compulsory recruitment of children for use in armed conflict 210

Cases of progress 211Forced recruitment of children by armed forces and/or armed groups 211The various roles in which children associated with armed forces and/orarmed groups are used....— 213

Programmatic measures 213National programmes for disarmament, demobilization andreintegration (DDR) and ILO-IPEC interregional projects 213The challenge of rehabilitating former child soldiers 215Girls associated with armed forces and/or armed groups 215

Child commercial sexual exploitation 215Prostitution 216

Legislation prohibiting the use, procuring or offering of a child forthe purpose of prostitution 216

Positive legislative developments 216Prohibiting child prostitution for both boys and girls 216Protecting all persons under the age of 18 from prostitution 217Prohibiting the "use" of a child for the purpose of prostitution 217Age of consent versus commercial sexual exploitation 217Treating children engaged in prostitution as victims, not offenders 218

Good practices: Programmatic measures to combat child prostitution...... 218National plans of action against commercial sexual exploitation 218ILO-IPEC: TBPs and regional projects 219Taking into account the special situation of girls in combatingchild prostitution 219

Pornography 220Legislative prohibition of the use, procuring or offering of a childfor the production of pornography 220

Increasing legislative conformity with the Convention regardingchild pornography 220Absence of legislative provisions prohibiting child pornography 220Protecting both girls and boys under the age of 18 fromexploitation in child pornography 220The importance of specifically addressing the involvement of achild in the production of pornography 221Prohibiting child pornographic performances 221Lack of clarity in the definition of child pornography 222

Positive initiatives to combat the exploitation of children in pornography .. 222Child sex tourism 223

Extraterritorial legislation to combat child sex tourism and otherlegislative initiatives 223Challenges in enforcing the prohibition of child sex tourism 224Good practices in preventing and combating child sex tourism 224

Use, procuring or offering of children for illicit activities 225

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The inclusion of the use, procuring or offering of a child for illicitactivities as a worst form of child labour 225Legislative measures adopted by member States to prohibit the use,procuring or offering of children for illicit activities 226

The production and trafficking of drugs 226Begging and other types of illicit activities 226Prohibiting the use of children for illicit activities 227

Issues of application of the legislation relating to the use, procuring oroffering of children for illicit activities 227

Most common types of illicit activities in which children are used 227Street children 227

Programmatic measures 228Good practices: Programmes designed specifically for childreninvolved in illicit activities 228Specific measures to protect street children 229

Hazardous work 229Hazardous work as a worst form of child labour 229Hazardous work and determination of the types of hazardous work 230

General prohibition of hazardous work for children under 18 yearsof age 230Lists of types of hazardous work 231Legislative gaps in the prohibition of hazardous work 233

Prohibiting hazardous work for children under 18 years of age 233Determining a list of types of hazardous work 233

Gaps in legislative coverage of hazardous work 234Hazardous work in the informal economy 234Hazardous work in the domestic sector 235

Domestic work as a hazardous form of child labour 235Taking into account the special situation of girls 236

Hazardous work in the agricultural sector 236Programmatic measures 237

ILO-IPEC collaboration 237ILO-IPEC Time-bound Programmes (TBPs) 237ILO-IPEC regional projects 239

Lack of effective programmatic measures 239Access to free basic education 239

Evolution in enrolment and attendance rates in basic education 240Increasing school attendance rates 240Reducing the gap between the school attendance rates in primaryand secondary education 241Decreasing school drop-out rates 241

Overcoming major barriers to free basic education 242Ensuring access to free basic education 242

Unconditional cash transfer programmes 242Conditional cash transfer programmes 243

Improving the general functioning of the education system 243Putting an end to discrimination and disparities in educationalopportunities , 243

Achieving gender parity 243

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Ensuring equal access to free basic education forvulnerable children 244

Ensuring access to free basic education and vocational trainingfor children removed from the worst forms of child labour 245

Identifying and reaching out to children at special risk 246HIV and AIDS orphans and other vulnerable children 247

Specific national plans of action for OVCs 247Facilitating access to education or vocational training for OVCs toprevent their engagement in the worst forms of child labour 248Good practices in mainstreaming OVC issues into national policiesand programmes to combat child labour 249

Roma children 249Programmatic measures to address the vulnerability of Roma children.... 250The importance of access to free basic education for Roma children 250

Children from poor families and rural areas 251Measures to reach out to children from poor families and rural areas 251Good practices to facilitate access to education for children frompoor families and rural areas 252Taking into account the special situation of girls in rural areas 253

Children living and working on the street 254Programmes to reach out to street children 254Reintegrating street children into educational programmes 255

Enhanced international cooperation and mutual assistance 255International and regional organizations , 256International and regional cooperation 256Cooperation to combat the sale and trafficking and commercial sexualexploitation of children 257

Regional agreements 257Bilateral agreements 258National measures aimed at enhancing cooperation 258Moving towards enhanced international cooperation and mutualassistance 258

Poverty eradication : 259Enforcement and impact 260

Monitoring mechanisms 260Law enforcement agencies 261

Good practices in monitoring the worst forms of child labour ,. 261The importance of collaboration with other institutions 261Gaps in law enforcement 262

Border and immigration officials 262Labour inspection .:. 263

Labour inspection and hazardous work 263The role of labour inspection in monitoring other worst forms ofchild labour 263

Child protection agencies 264Penalties 264

Adoption of sufficiently dissuasive penalties to ensure the effectiveenforcement of the Convention 264

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Issues of application regarding legislation on penalties 265Insufficiently deterrent penalties 265Enforcement of penalties 265

Statistical information 266Measuring the nature, extent and trends of the worst forms of child labour. 266

Sources of statistical information 266Information on the implementation of provisions prohibiting theworst forms of child labour 267

Main findings :.'... 268

PartV. Equality, non-discrimination and equal remuneration 271

Chapter 1. Introduction 271

Chapter2. Equal Remuneration Convention, 1951 (No. 100) 275

Introduction 275

Scope of the Convention and methods of application 275Scope of application 275Methods of application: Flexibility and impact :. 276Difficulties of application concerning scope of the Convention 277

Thematic issues 279Gender pay gap 279Promote and ensure application 280Equal value: The cornerstone of the Convention 281

Legislation. 282Collective agreements 285Minimum wages 285

Remuneration: The diversity of elements 287Legislation 288Additional emoluments 289

Discriminatory legislation regarding allowances and benefits 290Collective agreements 290

Comparing jobs, determining value 291Scope of comparison 291Objective job evaluation methods 293Legislation 294Collective agreements : 295Minimum wages 295Domestic workers 296Promoting job evaluation ...̂ 296

Measures for effective application 297Addressing underlying causes 297Proactive measures to promote equal remuneration 300

National plans and policies 300Public procurement 300Equal pay audits and plans 301Equality and equal pay bodies 303

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Tools and guides 303Incentives 304Awareness raising and public information 304Collective agreements 304

Chapter 3. Equality of opportunity and treatment in employment and occupation(Convention No. 111) 307

Introduction.....".: 307Scope of the Convention and methods of application 307

Scope of application 307Methods of application 308

Difficulties in application 309Thematic issues 312

Defining discrimination 312Direct and indirect discrimination 312Multiple discrimination 314

Aspects of employment and occupation covered by the Convention 314Education, vocational guidance and training 314Access to employment and to particular occupations 315Terms and conditions of employment 317

Grounds of discrimination: An evolving area 318Grounds of discrimination under Article 1(1)(a) 318

Race, colour and national extraction ,.' 318People of African descent 320Indigenous and tribal peoples 320Roma people 323Migrant workers 324

Sex discrimination and gender equality 326Pregnancy and maternity 327Workers with family responsibilities 328Laws on personal and family relations 329Exclusions from particular jobs 330Sexual harassment 330Domestic workers 333

Religion 334Social origin 335Political opinion 336

Additional grounds of discrimination under Article 1(1)(b) 337Real or perceived HIV status 338Age 339Disability 341Nationality 342Sexual orientation and gender identity 344

Measures not deemed to be discrimination 345Distinctions, exclusions or preferences based on inherent requirements 345State security versus equality 346Special measures of protection and assistance 348

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Protective measures versus equality 348National policy on equality 349

Immediate, progressive and effective application 349Multifaceted policy 351Constitutional and legislative developments 352

Promoting equality through proactive measures 354National plans and strategies 354Public procurement „ , 355Equality planning 356Codes, tools and guides 356Affirmative action measures 356Awareness raising and public information 358

Chapter 4. Monitoring and enforcement relating to Conventions Nos 100 and 111 361

The labour inspectorate 362Specialized bodies 364Courts and tribunals 366Access to procedures and remedies :. 367Statistics 368

Part VI. Obstacles to ratification and technical assistance 371

Chapter 1. Freedom of association and collective bargaining 371

Obstacles to ratification and future prospects 371

Technical assistance.. 373

Chapter 2. Elimination of forced labour : 375


Convention No. 29 375Convention No. 105 376Technical assistance 376

Chapter3. Elimination of child labour 379


Technical assistance 379

Chapter 4. Equality of opportunity and treatment 381

Obstacles to ratification and future prospects.. 381

Technical assistance 382

Part VII. Conclusions 385

Appendix

List of ratifications of fundamental Conventions and of reportsreceived pursuant to Article 19 397

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List of boxes

Freedom of association, gender equality and non-discrimination 38

Employers'group 47

Workers'group 48

ILO response to forced labour in Myanmar 119

Role of the social partners : 177

Global picture: Incidence of child labour in the world 182

Defining the worst forms of child labour - Article 3 of Convention No. 182 187

The ILO response to the trafficking of children for use as camel jockeys in Qatar 198

ILO response to forced labour and under-age recruitment in Myanmar 214

Sweden -Wage mapping 302

General observation concerning Convention No. 100 ., 369

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giving globalization a human face · forced labour 4 child labour 5 equality, non-discrimination...

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