international training center of the ilo - turin (italy) meeting the challenge of state sponsored...

INTERNATIONAL TRAINING CENTER OF THE ILO - TURIN (ITALY)INTERNATIONAL TRAINING CENTER OF THE ILO - TURIN (ITALY)

MEETING THE CHALLENGE OF

STATE SPONSORED FORMS

OF FORCED LABOUR

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- The challenge is particularly difficult.

- Where the State compels free citizens to perform work, democratic institutions that might help bringing the practice to an end are typically lacking.

- If voices within the State are unanimous in the idea of sponsorship, then government’s role in combating the problem found within its own actions can well be very limited and will strongly determine the supporting role that might be played by other actors (employers and workers organizations, NGOs, the civil society)

- Where offensive prison labour is the issue it may well have been democratic institutions that have made a conscious policy decision to put prisoners at the disposal of private individual companies. Otherwise, problems are similar to those in public works.

MEETING THE CHALLENGEMEETING THE CHALLENGE

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MEETING THE CHALLENGE AS WORKERSMEETING THE CHALLENGE AS WORKERS

- Workers and their organizations play a critical role in the fight against of State-sponsored FL

- At the international level, Worker’s organizations can keep attention fixed on offensive practices of governments

- At the domestic level, Worker’s organizations can use the voice they have to call attention to the practices and urge change.

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USE OF ILO MECHANISMSUSE OF ILO MECHANISMS

1) First way for Workers to call attention it is to use the regular ILO supervisory mechanisms:

- Making COMMENTS to the CEACR

Workers’ and employers’ organizations have the right to make observations to the ILO’s CEACR at anytime concerning the application of ILO conventions ratified by the State in question.

- for ratified fundamental conventions States shall submit reports each 2 years

- for non ratified conventions States shall submit reports as requested by the GB

2) Through the follow up to the DECLARATION making comment to the annual reports with regard to the fundamental conventions not yet ratified.

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USE OF ILO MECHANISMSUSE OF ILO MECHANISMS

3)3) Bringing a REPRESENTATION under Art. 24 ILO C.Bringing a REPRESENTATION under Art. 24 ILO C.

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PREPRESENTATIONS ILO C. ART. 24 PROCEDUREPREPRESENTATIONS ILO C. ART. 24 PROCEDURE

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WORKERS ORGANIZATIONS:WORKERS ORGANIZATIONS: HELPING NGO’s & HELPING NGO’s & CIVIL SOCIETY TO WORK TO END STATE-SPONSORED FLCIVIL SOCIETY TO WORK TO END STATE-SPONSORED FL

- Workers’ organizations are increasingly reaching out beyond the traditional workplace

HOW?

- Connecting with other elements of civil society

- Building alliances and partnerships at community, national, regional and international levels

- Setting up a common cause for joint action and solidarity, even with organizations whose basic interests may differ or even be conflictive.

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WORKERS ORGANIZATIONS: HELPING NGO’s & WORKERS ORGANIZATIONS: HELPING NGO’s & CIVIL SOCIETY TO WORK TO END STATE-SPONSORED FLCIVIL SOCIETY TO WORK TO END STATE-SPONSORED FL

• When it comes to State-sponsored forms of FL, all actors active in this fight (Workers’, Employers’, NGOs, the social society) face the full power of the State.

• All of mechanisms within the State apparatus in assisting the work of this actors are completely absent when the State sponsors FL practices.

• Labour inspectors, the police, prosecutors, the law and policy itself are absent when it comes to FL matters. On the contrary, these apparatus are used to favour human rights violations.

• Workers organizations shall keep this differences in mind, as they can mean different emphasis and strategies in the working of, and in working with NGOs and civil society.

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BUILDING UP ALLIANCES: CHARACTERISTICS OF BUILDING UP ALLIANCES: CHARACTERISTICS OF SUCCESSFUL PARTNERSHIPSSUCCESSFUL PARTNERSHIPS

• the organizations in the alliance or partnership clearly derive mutual benefit (for example through the force of joint action, combined and, therefore, enhanced capabilities and resources, mutually beneficial exchange of information);

• the alliance or partnership results in action that wins the support of the wider public opinion;

• the union is able to capitalize on the fact that its members are not only workers but also important consumers who can make their voices heard through their purchasing power, and members of society with political, religious views, etc.;

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• the union itself demonstrates its own democratic credentials. A union cannot successfully enter into alliance or partnership to promote democracy and social justice unless its own internal structures are democratic;

• there is an established institutional structure or framework for such alliances, for example, many unions now have units specifically mandated to seek out alliances with other groups;

• there is some initial human or financial resource investments by all parties for joint action;

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• there are opportunities for involvement of the general union membership;

• the alliance or partnership leads to better understanding of the perspectives of different social actors and helps build mutual respect and trust;

• there is an open and honest relationship, with the maximum of information sharing and reciprocal transparency and accountability;

• the alliance or partnership is a means of reaching otherwise difficult-to-reach groups. For example, collaboration with local member-based organizations enable unions to tap into the networks that the NGOs have developed at grassroots level.

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• What can NGOs and civil society organizations, in alliance or partnership with WORKERS’ ORGANIZATIONS DO?

1) Witnessing and documenting

- Establishing that a forced labour practice actually exists can be particularly difficult where the State is actively involved in trying to hide it.

- The work of NGOs and civil society in witnessing and documenting offensive practices is of utmost importance.

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2) Raising awareness and calling for action

This can be done in ways ranging frompetitioning or lobbying for an end to the practice – practical in democratic environments – to widely publishing recommendations for others’ action to call for condemnation through national and international mechanisms.

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3) Pressuring for action

- Taking steps specifically designed to pressure the offending State or parties benefiting from its forced labour practices to end the practices.

- Non-violent civil disobedience- Filing allegations of non-compliance with

international supervisory mechanisms- Initiating boycotts

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FILING COMPLAINTS TO ENFORCE HUMAN RIGHTS STANDARDS

• NGO’s and civil society do not have access to formal reporting and complaint procedures within the ILO.

• however, NGOs & social society can be involved in bringing complaints directly or indirectly (assisting the person actually affected) through special procedures with the

- Commission on Human Rights, and - Commission on the Status of Women,

or under international human rights treaties

( - International Covenant on Civil and Political Rights, ) ( - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) ( - International Convention on the Elimination of All Forms of Racial

Discrimination.)

- Convention on the Elimination of All Forms of Discrimination against Women

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FILING COMPLAINTS TO ENFORCE HUMAN RIGHTS STANDARDS

• two conditions control whether a complaint can be brought against a particular State.

1) the State must be a party to the treaty in question.

2) the State party must have recognized the competence of the committee established under the relevant treaty to consider complaints from individuals.

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