Integrated Strategy On Fundamental Principles and Rights at Work 2017-2023

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Integrated

Strategy on
Fundamental
Principles and
Rights at Work
2017-2023
Our vision
_
A world of work in which everyone
can exercise their fundamental human
rights to work in freedom, dignity and
security, and to have a voice at work.
Our mission
_
To be a leading, global source of
knowledge, technical advice and
support to enhance the capacity,
policies and action of ILO constituents
and partners, based on their expressed
needs, to tackle the root causes of
violations of fundamental principles
and rights at work and to ensure that
people everywhere can exercise those
rights in practice and protected by law.

“ In seeking to maintain the link


between social progress and
economic growth, the guarantee of
fundamental principles and rights at
work is of particular significance in
that it enables the persons concerned
to claim freely and on the basis of
equality of opportunity their fair
share of the wealth which they have
helped to generate, and to achieve
fully their human potential.”
ILO Declaration on Fundamental Principles and
Rights at Work, 1998.
Fundamental principles and
rights at work in 2017
and beyond

Today, in the world:


· More than 40 per cent of the world’s population lives in
countries that have ratified neither ILO Convention No. 87
on freedom of association nor Convention No. 98 on
collective bargaining; and in many countries that have
ratified them violations of these rights persist in law and
practice.
· On average, women are paid 23 per cent less than their
male counterparts and in many countries are effectively
excluded from certain occupations. Hundreds of millions
of people suffer from discrimination in the world of work
because of the colour of their skin, their ethnicity or social
origin, their religion or political beliefs, their age, gender,
sexual identity or orientation, disability or HIV status.
· 152 million children aged 5-17 are in child labour:
72 million of them are in hazardous work and other worst
forms of child labour, while 80 million more are below
the minimum age for work and simply too young to be
working. Millions of children, largely girls, have to carry
out heavy household chores which prevent them from
attending school.
· 25 million people are victims of forced labour, 25 per cent
of whom are children. In addition, at least 15 million
people, mainly women and girls, live in forced marriage,
which can amount to forced labour.

Such a situation cannot and must not continue. Fundamental principles


and rights at work provide the foundation on which equitable and
just societies are built. Without their realisation in law and practice,
neither the ILO’s Decent Work Agenda nor the wider 2030 Sustainable
Development Agenda can be achieved.

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Several recent resolutions and declarations
underline strong international commitment
to tackle violations of fundamental principles
and rights at work, notably:

· The Sustainable Development Goals (SDGs), 2015, including


specific targets related to the promotion of fundamental
freedoms, which encompass freedom of association and
collective bargaining, and the elimination of child labour,
forced labour and discrimination at work;
· The Resolution of the International Labour Conference on
Fundamental Principles and Rights at Work, 2017;
· The Buenos Aires Declaration on Child Labour, Forced
Labour and Youth Employment adopted at the IV Global
Conference on the Sustained Eradication of Child Labour, in
Argentina, on 16 November 2017.

The present document was developed by the ILO’s Fundamental Principles


and Rights at Work Branch (FUNDAMENTALS) on the basis of those policy
documents and following endorsement of the integrated strategy and action
plan on fundamental principles and rights at work by the ILO Governing
Body in October 2016 (GB.328/POL/7) and 2017 (GB.331/INS/4/3). It explains the
theory of change for development cooperation on fundamental principles
and rights at work, milestones and expected results and shares some recent
success stories.

FUNDAMENTALS was established in 2013, bringing together the International


Programme on the Elimination of Child Labour (IPEC) and the Department
for the Promotion of the Declaration on Fundamental Principles and Rights
at Work (DECLARATION). Its mandate is to promote the implementation of
the fundamental ILO Conventions and their underlying principles dealing
with freedom of association and collective bargaining and freedom from
discrimination, child labour and forced labour through policy advice,
capacity building and technical assistance.

ILO Fundamental Conventions


· Freedom of Association and Protection of the Right
to Organise Convention, 1948 (No. 87)
· Right to Organise and Collective Bargaining Convention,
1949 (No. 98)
· Forced Labour Convention, 1930 (No. 29)
and its supplementing Protocol of 2014
· Abolition of Forced Labour Convention, 1957 (No. 105)
· Minimum Age Convention, 1973 (No. 138)
· Worst Forms of Child Labour Convention, 1999 (No. 182)
· Equal Remuneration Convention, 1951 (No. 100)
· Discrimination (Employment and Occupation) Convention,
1958 (No. 111)

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Fundamental principles
and rights at work
strategy 2017-2023
This strategy is underpinned by a theory of change that reflects the essential
meaning of the 1998 Declaration on Fundamental Principles and Rights at Work and
the 2008 Declaration on Social Justice for a Fair Globalisation. Fundamental rights
in the world of work – freedom to organise and bargain collectively, and freedom
from discrimination, child labour and forced labour – are universal, inalienable
and indivisible human rights and, at the same time, enabling conditions for decent
work and sustainable economic growth. Mutually interdependent and reinforcing,
they are the starting point for a virtuous circle of effective social dialogue, better
incomes and conditions for workers, increased consumer demand, more and better
jobs and social protection, rural development, rising enterprise productivity, and of
formalizing the informal economy.

Freedom of association and the right to collective bargaining represent the primary
vehicle by which this can be achieved, enabling employers and workers to
negotiate key aspects of their relationship and to promote the fair sharing of wealth
they have helped to generate.

Non-discrimination is a cross-cutting right and principle. Ending discrimination will


unlock the potential of the millions of women, men and youth currently excluded
or undervalued because of their sex, age, social and ethnic origins, religious or
political opinions, sexual orientation or identity, disability or health status and
assist their access to that fair share.

Ending forced labour, in all its forms, means that workers will neither be robbed of
their dignity nor their right to freely-chosen employment. Eradicating child labour
and ensuring that all children are in quality education - and that young people
receive the training they need to fulfil their creative and productive potential – to
break the intergenerational transmission of poverty and social exclusion.

“ Freedom of peaceful assembly and


association are foundational rights
precisely because they are essential
to human dignity, economic
empowerment, sustainable
development and democracy. They
are the gateway to all other rights;
without them, all other human and
civil rights are in jeopardy.”
Report of the UN Special Rapporteur on the rights
to freedom of peaceful assembly and of association,
Human Rights Council (A/HRC/32/36), 2016 .

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Together, the realisation of these human rights, including of the most
vulnerable, will contribute to empowerment and representation of
rights-holders, to ending poverty, to building stronger economies and
to a better future for all. The particular population groups most targeted
by this strategy are those who live and work in the rural and informal
economies as well as women, migrant workers, refugees and displaced
people, indigenous and tribal peoples and children everywhere.

Since the adoption of the 1998 ILO Declaration on Fundamental


Principles and Rights at Work, member States, workers’ and employers’
organizations, businesses and other stakeholders have repeatedly
expressed their recognition of the universal application and relevance
of ILO instruments on fundamental principles and rights at work.
Public authorities at all levels; global, national and sectoral workers’
organizations; small producers’ organizations, including cooperatives;
and global, national and sectoral employers’ organizations and private
and public enterprises will benefit from this strategy and have an
important role to play in its implementation.

This strategy also provides the guiding framework for the ILO’s
International Programme on the Elimination of Child Labour and Forced
Labour (IPEC+), one of five ILO flagship programmes. The strategy respects
the fact – as reflected in the IPEC+ strategy document – that entry points
for ILO action and support for constituents may be particular concerns
about realisation or violation of one or more of the fundamental rights.

The strategy identifies


three thematic priorities...
for immediate action:

I. Promoting fundamental principles and rights


at work in the rural and informal economies

II. Promoting compliance with fundamental


principles and rights at work in enterprises
and in supply chains

III. Promoting fundamental principles and rights


at work in situations of crisis and fragility

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...and is based on four
interwoven categories of change
which include bottom-up and top-down interventions,
underpinned by strong partnerships and evidence:

¬ Public policies & governance


Building a sound national legal and policy framework and robust
and accountable public institutions to enforce the law is a critical
starting point for the promotion and realization of fundamental
principles and rights at national levels and for the protection of
rights-holders and access to remedies when their fundamental
rights at work are violated – including the denial of their right to
organize.

¬ Empowerment & representation


Equally important are bottom up approaches that aim at the
empowerment and representation of rights-holders, including
the most vulnerable and excluded workers, small producers
and own account workers, so that they can assert their rights
and entitlements, particularly through organizing for collective
strength, representation and voice.

¬ Partnerships & advocacy


Strong engagement of all relevant actors will ensure their
respective constituencies bring their weight to bear in the pursuit
of fundamental principles and rights at work. This effort starts
with and gives primacy to the economic actors – workers’ and
employers’ organizations, enterprises and public authorities –
and must reach out more broadly to partners who support the
objectives of the ILO.

¬ Knowledge & data


Critical to this strategy is strengthening the evidence base,
upon which effective policies, advice and interventions will be
designed, tested and adjusted, including through surveys, the
development of tools and dissemination of knowledge.

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The present strategy supports all the strategic
outcomes of the ILO’s 2018-2019 Programme
and Budget, and the ILO Centenary Initiatives,
in particular on poverty, women and
enterprises:
· Outcome #1on more and better jobs for inclusive growth and
improved youth employment prospects.
· Outcome #2 on ratification and application of international labour
standards
· Outcome #3 on creating and extending social protection floors
· Outcome #4 on promoting sustainable enterprises
· Outcome #5 on decent work in the rural economy
· Outcome #6 on formalization of the informal economy
· Outcome #7 on promoting workplace compliance through labour
inspection
· Outcome #8 on protecting workers from unacceptable forms of
work
· Outcome #9 on promoting fair and effective labour migration
polices
· Outcome #10 on strong and representative employers’ and wor-
kers’ organizations

Violations of fundamental principles and rights at work are an integral part of the definition of
unacceptable forms of work; hence the strategy contributes in particular to achieving Outcome
#8 of the ILO’s Programme and Budget (2018-2019). It does so also through integrating work on
the other Outcomes, not least Outcomes #2, 4, 5, 6, 7, 9 and 10.

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9
Overarching goals
and expected results

Ratification and implementation


of ILO fundamental conventions
1. In pursuit of universal ratification of all the fundamental Conventions, at least
35 more ratifications of the fundamental Conventions and the Protocol of 2014
by 2020. Particular attention will be paid to the low rates of ratification of
Conventions 87 and 98 on freedom of association and collective bargaining.
2. The 2014 Protocol to the Forced Labour Convention No. 29, will be widely
ratified, supported by the “50forFreedom” campaign whose goal it is to
achieve 50 ratifications by 2018.
3. At least 20 member States address implementation gaps identified by ILO
supervisory bodies and revise national policies and/or laws in line with
international standards on fundamental principles and rights at work.
4. At least 20 member States have institutions with stronger capacity to ensure
prevention of fundamental labour rights violations and to enforce national
legislation.
5. Additional technical guidance for the tripartite constituents will be developed
on the application of the child labour Conventions.
6. New intervention models are tested to address violations of fundamental
principles and rights at work in situations of crisis or fragility.
7. In at least 20 member States, workers and their families have improved access
to justice and remedies.
8. Enhanced capacity of member States to implement fundamental principles
and rights at work with support of the social partners through a global
academy on fundamental principles and rights at work.
9. In at least 20 member States, families at risk of fundamental rights violations
have significantly increased access to public services, including education and
social protection.

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Partnerships
• The Sustainable Development Goals (SDGs) provide a new inclusive
framework to guide future action on fundamental principles and
rights at work. Achieving the integrated and interwoven goals and
targets will require partnerships. The ILO is well placed to bring
together its constituents with other relevant stakeholders to share
knowledge and to leverage existing resources to achieve decent
work for all.

• The ILO, in partnership with other organizations that support the


elimination of forced labour, human trafficking, modern slavery
and child labour, has launched a multi-stakeholder “Alliance
8.7” to raise global awareness about those human rights violations;
coordinate action at global, regional and national levels; foster the
exchange of promising and innovative practices; monitor progress;
and mobilize resources. The ILO’s IPEC+ flagship programme is
the ILO’s contribution to Alliance 8.7. Other partnerships that will
support these efforts include the UNESCO-led global partnership on
education for all; and the UNICEF-led global partnership on violence
against children.

• Led by the ILO, UN Women and the Organisation for Economic co-
operation and Development (OECD), the Equal Pay International
Coalition (EPIC), which was launched in September 2017, will work
together at the global, regional and national levels to support
governments, employers and workers and their organizations,
and other stakeholders, to make equal pay between women and
men for work of equal value a reality, and reduce the gender pay
gap. This will be supported through research and data collection,
advocacy, knowledge sharing, capacity building, technical advisory
services, data analysis and monitoring. Improving the collection of
sex-disaggregated data on earnings and clarifying the merits and
shortcomings of different methods to measure the gender pay gap
are key to informing policy action and assessing its effectiveness.

• The ILO’s multi-stakeholder Fair Recruitment Initiative, launched


in 2014, in close collaboration with ITUC and IOE, will be further
expanded and rolled out at national levels, engaging with
businesses to strengthen due diligence of labour supply in their own
activities and value chains.
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Thematic priority I
Promoting fundamental principles and rights
at work in the rural and informal economy

The challenge: Working people in the rural and informal economies - notably children, women,
migrant workers and indigenous peoples - are most at risk of being denied their
fundamental rights at work. Work on commercial plantations and family farms, in
fishing and food processing; as well as artisanal small-scale mining, quarrying and
brick kilns – which commonly take place in informal settings - are among the high-
risk activities concerned. Deeply-engrained norms and practices, abusive tenancy
systems and lack of access to public goods and services hold workers back from claiming
their rights. Climate change, the depletion of natural resources, food insecurity and
demographic pressures put rural workers at further risk of violations of their fundamental
labour rights. The strategy will be anchored in the FAO-led Right to Food Initiative, thus
stressing the inter-linkages between the human right to food and human rights at work.
It will also be guided by conclusions of International Labour Conference discussions on
promoting rural employment for poverty (2008), on giving a voice to rural workers (2015);
and, on the informal economy, the Recommendation on transition from the informal to
the formal economy (No. 204) of 2015.

Public policies & governance:


-
In line with its overarching ILO Outcome strategies on the rural economy and the
informal economy, we will promote the mainstreaming of fundamental labour
rights in national and sectoral policies for transition to rural development. It will
also build the capacity of labour inspection services, other public authorities and
monitoring systems to identity and remedy violations of fundamental principles
and rights at work as well as to provide better services to rural communities, and
in the informal economy. In this regard, local level coordination between labour
inspection, agricultural extension, education services and their connection with
community based structures will be promoted in the pilot countries. The ratification
and implementation of relevant ILO Standards on OSH in agriculture will also be
promoted.

Empowerment & representation:


-
We will continue to promote integrated community-based approaches and to
address decent work deficits in a number of priority countries focusing on small-
scale agriculture, including crop production in cocoa, cotton and tobacco, and
fishing and fish processing; plantation agriculture linked to global and domestic
supply chains; and in sub-sectors of the informal economy, including artisanal and
small-scale mining, stone crushing and brick kilns. Advocacy efforts will focus on
raising awareness of rural and informal workers about their fundamental rights at
work. The work will support innovative efforts to organize rural workers and small
producers and to strengthen their representative voice in local, sectoral, national
and international fora to advocate for better working conditions for women
workers, including the right to equal pay for work of equal value, among others.
Cooperatives can play an important role in improving working and living conditions
in the rural and informal economy by providing services and infrastructure to
small-scale producers and farmers and, in the informal economy, by promoting
steps to formalization. By closely monitoring the grading and pricing systems, they
can negotiate for their members to seek a fair share of market revenues in domestic
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and global supply chains. They can also serve as effective channels for awareness
raising and sensitization about fundamental principals and rights at work.

An important focus will be on encouraging the support of workers’, employers’


and small producers’ organizations (including cooperatives) for the upgrading of
informal family farms and enterprises that are unable to hire adult workers to
replace the unpaid work of their children, and on employed agricultural labourers
who are forced to rely on the - also often unpaid - work of family members
working alongside them to make ends meet.

Promising practices such as agriculture sectoral agreements and integrated


community-based models to prevent child labour will be tested for further
replication, including in artisanal and small scale mining and fishing communities
and in communities growing cash crops for global supply chains (e.g. cotton,
bananas, coffee, rubber, tea or palm oil).

Expected results
Partnerships & advocacy:
- • In at least 20 member States,
The International Partnership for Cooperation on Child Labour in Agriculture national policies and legislation
(IPCCLA), involving in particular the ILO, FAO, IFAD and the IUF (International Union relevant to rural communities
and the informal economy
of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ include commitments to realize
Associations), will be strengthened and expanded as the main platform for fundamental principles and rights
shared work in pursuit of SDG target 8.7 in the rural economy. IPEC+ will further at work are strengthened and
support and advise private sector-led partnerships and promote South-South labour inspection and relevant
Cooperation. The IUF, BWI (Building and Woodworkers International), IndustriALL, sectoral inspections services are
trained to promote and enforce the
the International Transport Workers’ Federation and other global union federations freedom to exercise those rights.
are important actors in those efforts. In the pilot countries, the ILO will encourage
• At least 30 workers’ and other
close coordination between workers‘ organizations (national trade union centres organizations (e.g. cooperatives)
and sectoral trade unions) and cooperatives/other farmers‘ apex organizations. support a greater number of
marginalized workers (including
small producers) to develop their
representational strength and
Knowledge & data: collective voice through targeted
- and tailor-made awareness-raising
We will implement surveys, conduct research and assess models of intervention and organizing strategies.
relating to fundamental principles and rights in the rural and informal economies, • At least 25 collective agreements
in collaboration with partners within and outside the ILO. Research priorities between workers’ and employers’
include plantations, brick-making, fishing, mining and hazardous child labour in organisations and between
tobacco growing and production. Surveys will be undertaken in each of these areas producers’ organizations and
buyers.
to generate robust statistics on the prevalence and nature of child labour, forced
• At least three different intervention
labour and other fundamental labour rights violations. This survey work will be models are tested in pilot countries
based on new survey instruments and sampling tools for assessing fundamental to upgrade family enterprises
labour rights in the informal economy in priority sectors. FUNDAMENTALS research and establish well-functioning
will also look more broadly at informality as a driver of fundamental labour rights community child labour monitoring
violations, and at the relationship among local governance systems, fundamental systems, document lessons learnt
and replicate good practices.
labour rights and rural development. Other research efforts will include an
inventory of existing evaluations and impact assessments of the eradication of child • Strengthened partnerships with
the FAO, IFAD and other UN
labour and forced labour in agriculture, underlying discriminatory practices, and agencies, ILO constituents and
innovative forms of organizing workers, small producers/own account workers and other relevant stakeholders.
employers in the rural economy. • Robust statistics on the nature
and prevalence of child labour and
forced labour in priority sectors in
the informal and rural economies
based on new measurement tools.
• Publication and wide
dissemination of evaluation
reports of interventions aimed at
the elimination of child labour and
forced labour in agriculture.
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It takes a village
All over the world workers and small producers in the
informal economy are shattering the myth that they cannot
organize themselves to improve their livelihoods and bargain
and advocate for decent work, social protection and public
services. Domestic workers, home-workers, brick-kiln
workers, tenant farmers and artisanal fishers are among
those who, often with the support of established trade
unions, are developing innovative forms of organization to
represent and defend their interests.

Taking as the entry point the prevalence of worst forms of


child labour in artisanal fishing, FUNDAMENTALS supported
the Ghana General Agricultural Workers’ Union in its efforts
to organize the men and women who fish and process fish
in the lakeside community of Torkor-Kpando. The integrated
area based approach emphasised empowering rights-holders
in the rural and informal economies through building their
capacity to organize themselves to improve occupational
safety and health and productivity and to negotiate with
local authorities for better public services. Child labour
has been replaced on the Lake with trained adult divers,
equipped with a safety boat and whose training and
remuneration is under the auspices of the national youth
employment scheme. The scheme provided the train-the-
trainer programme with the expectation that the community
would in turn deliver the same training to 15-20 other
communities along the lake.

Other key elements of the “Torkor Model” are:


• The establishment of women’s fish smoking and
processing cooperatives that address the important
social and economic role of women.
• The creation of “bridge” schools that target children
in child labour who have only partially completed
compulsory schooling.
• An effective monitoring system with direct
communication to law enforcement officers and
installation of a public address system that raises the
community’s awareness of child labour.

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Thematic priority II
Promoting compliance with fundamental
principles and rights at work in enterprises
and in supply chains

The challenge: With an estimated 450 million people working in global supply
chains, and untold numbers working in domestic supply chains,
members of vulnerable groups face high risks of being subjected
to violations of their fundamentals rights at work. In supply
chains, such violations and decent work deficits are related to
sourcing prices paid to supplier companies and small producers.
Discrimination in the world of work is also a major brake on
enterprise productivity and social and economic progress, while
the lack of respect for freedom of association and collective
bargaining at the enterprise level undermines democratic
governance, compounds inequality, can contribute to the
disruption of production and increases the risks of other human
rights violations at the workplace. Child labour and forced labour
prevail in circumstances where labour relations are weak, freedom
of association is lacking, and discrimination is prevalent. It is
commonly driven by a lack of access to health care, free quality
education and vocational training, rural to urban migration of
young workers that contributes to a shortage of labour in many
rural communities. Ninety per cent of the people trapped in forced
labour are working in the private economy – generating annual
illegal profits of US$150 billion. While many still toil in long-
existing forms of debt-bondage, contemporary globalization has
unleashed new forms of trafficking for forced labour that reach
into formal value chains in industrialised as well as developing
and emerging economies.

Our work on supply chains will be informed by the UN Guiding


Principles on Business and Human Rights (UNGPs), the ILO
Declaration on Multinational Enterprises; the Resolution adopted
by the International Labour Conference in 2016 and the Plan of
Action agreed by the Governing Body in March 2017 to reduce the
decent work deficits in global supply chains.

Public policies & governance:


-
We will promote models of good governance in supply chains for more sustainable
and inclusive growth, and facilitate dialogue and collaboration between workers’,
small producers’ organizations, communities and small and medium-sized
enterprises (SMEs) and international actors, such as buyers, to improve respect of
fundamental principles and rights at work, including at the lowest tiers of the supply
chain. Recognizing the essential role of states in protecting human rights, we will
leverage the ILO’s tripartite structure and the core value of social dialogue to spur
collaboration between governments, social partners and enterprises, and to support
businesses to meet their obligations to produce ethically. We will also contribute
to the development of tools and delivery of training on supply chain issues for ILO
constituents and other stakeholders.
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Empowerment & representation:
-
We will strengthen the capacity of and extend innovative partnerships to support,
test and learn from interventions to develop integrated and rights-based models to
empower workers and small producers to realize their fundamental rights at work at
the enterprise and community level. This will include the development of innovative
solutions on due diligence, grievance mechanisms and remediation among others,
community monitoring systems and other bottom up approaches.

Partnerships & advocacy:


-
We will continue to engage with international financial institutions to promote robust
safeguards against violations of fundamental principles and rights in the projects they
finance. Drawing on experience of supporting host nations of major sporting events
to prevent and remediate human rights violations we will support office-wide efforts
to strengthen the due diligence management systems of relevant bodies to prevent
violations of fundamental principles and rights at work in the preparation for and
running of these events, and support the newly established Centre for Sport and
Human Rights.

The Child Labour Platform, launched in 2012, is the leading business initiative to
eradicate child labour in supply chains. It provides concrete solutions for buyers, factory
owners and suppliers by supporting member companies through a comprehensive
process of due diligence across tiers. This includes support for embedding strong policies
and good business practice, measuring impact and addressing root causes through
meaningful local and global dialogue with governments, employer’s and workers’
organizations and other stakeholders.

In June 2017, the ILO launched the ILO Forced Labour Business Network which is
an overarching umbrella initiative convened by the ILO for companies, employer
organizations, and business networks to come together with the aim of leveraging
comparative advantages and collective action towards the elimination of forced labour
and human trafficking across sectors, geographies and tiers of supply chains. It will
create space for employer networks, industry coalitions and businesses of all sizes across
different geographies, sectors and tiers of supply chains to work together on improving
how work is coordinated and to ensure collaboration builds on and continuously
develops subject-matter and industry expertise.

The CLP and the Forced Labour Platform will be two principal ways in which business
will be able to contribute – as economic actors in supply chains - to the goals of Alliance
8.7, and in particular the Action Group on Supply Chains.

FUNDAMENTALS will also engage with the Equal Pay International Coalition (EPIC), with
the objective of raising awareness of the importance of equal pay for work of equal
value and how to achieve it, by documenting and disseminating good practices among
multinational and small and medium sized enterprises.

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Knowledge & data:
-
To be effective, policies to prevent and remediate child labour, forced labour and
other fundamental rights violations in supply chains must be informed by robust data Expected results
and analysis. While a number of studies discuss the linkages between core labour
standards and global supply chains, only fragmentary evidence is available of the • Existing multi-stakeholders
initiatives on fundamental
prevalence and nature of fundamental principles and rights at work in supply chains. principles and rights at work in
Very few quantitative studies have been undertaken, and these have used different supply chains strengthened with
methodologies, limiting their comparability and replicability. The current knowledge the support of the Alliance 8.7
base is therefore far from adequate for public policy responses or for company action in Action Group on Supply Chains,
monitoring compliance. and EPIC.
• Enhanced capacity of ILO
constituents and other
FUNDAMENTALS research will form part of broader efforts to fill this knowledge gap. It stakeholders to mitigate risks
will develop new approaches for estimating the prevalence of child labour and forced and respond to violations of
labour in supply chains globally to help draw world attention to these violations fundamental principles and rights
and build the will to act against them. The research will also break new ground in in supply chains.
developing estimates of child labour and forced labour along entire specific supply • Cross sectoral business initiatives
chains – from raw materials extraction at the lowest tier to finished products at the developed and supported by
highest – in selected high-risk sectors, information in turn critical for preventive and Alliance 8.7 and EPIC members in
at least 3 countries.
remedial measures.
• At least 40 companies or
employers’ organizations receive
This estimation exercise will be accompanied by policy-oriented analyses of the high-quality services, training and
complex array of supply- and demand-side factors leading to violations of fundamental technical assistance through the
rights at work in supply chains and by a critical review of key emerging practices CLP, the Business Network on
in addressing them. This will include research into the links between respect for Forced Labour and EPIC.
fundamental principles and rights at work, functioning labour relations systems, • Robust estimates of child labour
wages, productivity and sustainable enterprises as well as the relationships between and forced labour in global supply
chains based on new estimation
collective bargaining, public labour inspection and other enforcement and compliance methodologies.
mechanisms and private compliance initiatives. This research will also include • Alliance 8.7 flagship report on
assessments of the impact of fair recruitment models in the garment and other sectors to fundamental labour rights in
support the scale-up of the Fair Recruitment Initiative. global supply chains published
and widely disseminated.
• Guidance tools for businesses
produced on all fundamental
principles and rights at work in
line with the ILO MNE Declaration
and the UNGPs.

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Fundamental Rights at Work
for a Sustainable Fishing
and Seafood Supply Chain
Graphic reports in recent years of human and labour rights
abuses committed in the Thai commercial fishing and seafood
processing industries triggered dramatic reactions. Since then,
the Government of Thailand, social partners’ organizations,
industry, civil society and the ILO have stepped up their efforts
to redress these abuses. While many challenges still persist,
changes made to the legal and regulatory framework of
Thailand, with ILO’s technical assistance and support from
various partners, have led to positive results in many critical
areas. In 2017, the ILO “Ship to Shore Rights” project carried
out a baseline survey of 434 Thai fishers to estimate progress
made over the past four years. The survey revealed positive
results in critical areas, including:

• The percentage of fishing boat workers who recalled


having signed a contract climbed from 6 per cent in
2013 to 43 per cent in 2017.
• The percentage of fishers paid a fixed wage climbed
from 10 per cent in 2013 to 39 per cent in 2017.
• Although 7 per cent faced threats of violence at work
– reports of physical violence were relatively few, at
2 per cent of all workers surveyed.
• Less than 1 per cent of the workers surveyed were
under 18 years old.
The project has also supported the acceleration of social
dialogue and industry engagement through the Good
Labour Practices Programme (GLP). The GLP is an industry
led capacity and accountability initiative developed through
a broad partnership, including the Thai government,
unions, global buyers and civil society organizations.
In 2016, following a round of consultations, all parties
agreed to strengthen the GLP by expanding it to all tiers of
the Thai seafood supply chain. Other actions to be further
developed include measuring changes in labour conditions,
introducing accountability mechanisms, strengthening
worker-management dialogue, establishing an independent
institution for grievances and scaling up industry
participation and engagement by top level executives.
19
Thematic priority III
Promoting fundamental principles and
rights at work in situations of crisis
and fragility

The challenge: Fragile situations – characterized by the collapse of the rule of


law, income shocks, poverty, migration, displacement and refu-
gee flows, and the disruption in the provision of basic services
– create the conditions for further violations of fundamental
principles and rights at work. These include a heightened risk
of child labour, trafficking for sexual and other types of labour
exploitation, a denial of freedom of association (often linked to
the absence of other freedoms) and the systemic discrimination
against or even persecution of dissidents, minorities and other
social groups. The thematic priority on crisis and fragile situations
will be guided by the ILO Recommendation on Employment and
Decent Work for Peace and Resilience 2017 (No. 205) as well as
United Nations resolutions, mechanisms and instruments rela-
ting to armed conflict, humanitarian situations and other crisis
and fragile situations.

Public policies & governance:


-
History has shown that social partner organizations, when they enjoy freedom of
association, can contribute effectively to peace negotiations, nation building and
national post-crisis recovery, and to securing lasting peace and stability. This is all
the more so when they are partners in tripartite consultations with government. In
conflict and disaster-prone countries, public policies need to address root causes of
crisis and include measures to mitigate the impact of crisis on fundamental principles
and rights at work. We will support the expansion of national policy frameworks
and mechanisms to prevent and address violations of fundamental principles
and rights, and their adaptation to protect vulnerable groups. Strengthening the
capacity of workers’ and employers’ organizations, governmental institutions and
civil society, strengthening related legal, policy and implementation frameworks,
and strengthening coordination and collaboration between government, economic,
development and humanitarian actors are fundamental elements of governance and
resilience in countries affected by fragility and are essential to establish decent work.

20
Empowerment & representation:
-
Interventions will seek to strengthen protection and remedies for workers or
children vulnerable to abuses and violations of their rights including persecution,
discrimination, trafficking for forced sexual or other forms of labour exploitation,
forced recruitment for armed conflict, or forms of punishment or detriment
imposed because they have sought to exercise their fundamental rights at work.
FUNDAMENTALS will also partner with other UN organizations and civil society to
mainstream fundamental principles and rights at work in responses to situations
of crisis and fragility. Close collaboration will be developed with the ILO’s Flagship
Programme on Jobs for Peace and Resilience (JPR), which recognizes the importance
of rights and institutions in the prevention and mitigation of conflicts and natural
disasters.

Partnerships & advocacy:


-
Close coordination will be maintained with relevant inter-agency working groups
such as the Alliance for Child Protection in Humanitarian Action, the Global Protection
Cluster’s Anti-Trafficking Task Team in Humanitarian Action, the Paris Principle
Steering Group on children associated with armed forces and groups, and the Global
Partnership to End Violence against Children. Collaboration with IOM, UNHCR and
UNICEF will be strengthened and also linked to the Alliance 8.7. Collaboration with
social partners and civil society groups will also be reinforced to design effective
advocacy strategies to highlight the crucial role that respect for fundamental labour Expected results
rights plays in establishing social justice and building lasting peace.
• Strengthened social dialogue and
respect for fundamental freedoms
Knowledge & data: in situations of crisis and fragility.
- • Strong partnerships with UNICEF,
FUNDAMENTALS will develop tools for rapid assessment of the heightened risks of UNHCR and IOM reflect our
joint commitment to promote
fundamental labour rights violations and governance deficits which prevail in fundamental principles and rights
fragile situations. Research will be conducted on the impact of crisis and fragility at work in situations of crisis and
on the realization of fundamental principles and rights at work. This will include fragility.
the development and mainstreaming of tools and mechanisms for data collection, • The ILO’s response to crisis and
enhanced training and learning tools on preventing and addressing violations fragile situations in at least five
of fundamental principles and rights during crisis and fragile situations and countries contributes to promoting
fundamental principles and rights
piloting innovative intervention models to work effectively in active crisis and at work.
conflict situations. The impact of new intervention models to address violations
• New intervention models to address
of fundamental labour rights in crisis or fragile situation will be assessed. Lessons violations of fundamental principles
learnt will be documented and shared. Research will build on ongoing efforts for and rights at work in situations of
the development of a replicable instrument for estimating the prevalence of child crisis or fragility are piloted and
recruitment, trafficking and forced labour in the context of armed conflict, from evaluated in at least one country.
which a robust multi-country estimate can be produced. • A training tool on fundamental
principles and rights at work in
conflict and disaster situations
contributes to capacity building.
• Publication and dissemination of
multi-country research on child
recruitment, child labour and forced
labour in conflict and disaster
situations.

21
A focus on refugee children
In 2011, the ILOa, together with the Ministries of Labour,
Education and Social Development selected five governorates to
pilot the implementation of the Framework, and Jordan was
on track to achieve its objectives when the Syria crisis started
unfolding.
As it quickly intensified, the impact of the crisis was soon felt
in neighbouring countries, including Jordan. Jordan started
receiving Syrian refugees in 2012. By 2014 there were over
630,000 registered Syrian refugees in Jordan. Approximately
85 per cent of these refugees were living in host communities
(as opposed to refugee camps).
There were increasing number of reports to indicate that child
labour was on the rise not only among refugee children but
also among Jordanian children due to the spill over effect of
the crisis. Assessments conducted by ILO, UNICEF, local and
international NGOs as well as general observation indicated a
rise in child labour particularly in areas where higher number
of Syrian refugees were present. The national systems to
address child labour however did not respond to the situation
as, on the one hand they did not see it as a ‘national’ issue,
and even if they did, they did not have the capacity or the
institutional framework to address it. The humanitarian
response and the national systems worked in parallel, with
little coordination between them.
At this point, ILO started engaging intensively with the
government and the humanitarian community in order to find
a collaborative approach to addressing child labour among
Syrian refugees.

22
In 2014, child labour was included in the Refugee Response
Plan under child protection issues. ILO started participating
in the Child Protection Sub Working Group led by UNICEF and
UNHCR, and set up a Child Labour Thematic Group under it,
which ILO led together with Save the Children International.
Relevant Government ministries as well as humanitarian
agencies were included in the Task Force thereby creating
a link between the national system and the humanitarian
response. At ILO’s request, UNHCR was invited to participate in
the National Child Labour Steering Committee.
As a result, the National Child Labour Survey which originally
did not include Syrian refugees was expanded to include Syrian
children. The survey with a sample size of 20,000 households
was the first national survey in the country to include Syrian
refugees thereby setting a precedence. The national child
labour monitoring database was also upgraded to include
cases of Syrian children in child labour. NGOs working on
Syrian refugee response were included in the child labour
referral system.
The experience of adapting a development oriented
programme to face a challenging crisis situation has created
new learning and new ways of preventing and addressing
child labour in situations of crisis and fragility that can be
replicated and adapted to other similar situations.

23
Fundamental Principles and Rights
at Work Branch (FUNDAMENTALS)

Governance and Tripartism Department


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International Labour Office
4, route des Morillons
CH-1211 Geneva 22 - Switzerland
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www.ilo.org/fundamentals
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Copyright © International Labour Organization - February 2019

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