A few days ago, I was asked by the For Equality Organisation to endorse the ratification of the ILO COnvention 190. At the moment, I did not know what the ILO Convention 190 was about, and as a principle of mine – I do not endorse things I do not understand. I asked them to share with me further details on the same.
They shared with me this presentation with Jessie Ng’oma, which I am sharing with you today, in case you would love to rid of yourself of the ignorance regards the ILO Convention 190, like I did.
ILO Convention 190 on Violence and Harassment in the world of work & Recommendation 206
A presentation by Jessie Ching’oma
- Convention establishes a uniform set of minimum standards to prevent, identify and provide redress in cases of gender based violence in the world of work.
- Mandates state parties to adopt, in accordance with national law and circumstances and in consultation with representative employers’ and workers’ organizations, an inclusive, integrated and gender-responsive approach for the prevention and elimination of violence and harassment in the world of work.
- Convention lays down the basic principles to be implemented by ratifying countries, while a related Recommendation supplements the Convention by providing more detailed non-binding guidelines on how it could be applied.
- Adopted on 21st June, 2019 at the 108th International Labour Conference
- Culmination of about 10 years of advocacy and building evidence by labor unions, NGOs, journalists, academics, etc, including 2 years of negotiations.
- Out of 476 votes, 439 voted for, seven voted against, and 30 abstained.
- The convention will enter into force one year after at least two states have ratified it.( Fuji and Uruguay have ratified)
Acknowledges that violence& harassment is a problem
- can constitute a human rights violation or abuse, and that violence and harassment is a threat to equal opportunities, is unacceptable and incompatible with decent work
- violence and harassment in the world of work affects a person’s psychological, physical and sexual health, dignity, and family and social environment, and
- affects the quality of public and private services, and may prevent persons, particularly women, from accessing, and remaining and advancing in the labour market,
- domestic violence can affect employment, productivity and health and safety, and that governments, employers’ and workers’ organizations and labour market institutions can help, as part of other measures, to recognize, respond to and address the impacts of domestic violence
Gender-based violence and harassment disproportionately affects women and girls, …an inclusive, integrated and gender-responsive approach, which tackles underlying causes and risk factors, including gender stereotypes, multiple and intersecting forms of discrimination, and unequal gender-based power relations, is essential to ending violence and harassment in the world of work
This potentially covers physical abuse, verbal abuse, bullying and mobbing, sexual harassment, threats and stalking, among other things. Also covers ICT related violence.
- Comprehensive definition of violence and harassment
A range of unacceptable behaviors and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.
- Violence and harassment is more than physical abuse. It can take the form of sexual harassment, verbal and emotional abuse, bullying, mobbing, and threats. Denial of resources or access to services and other deprivations of liberty are also forms of violence.
- Perpetrators can be employers, managers, supervisors, peers, colleagues and also third parties like clients, employers’ relatives or friends and service providers.
Who does it protect?
- This Convention protects workers and other persons in the world of work, including employees as defined by national law and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, jobseekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.
- It also accounts for violence and harassment involving third parties, such as clients, customers, or service providers.
Expands the world of work
- Applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work:
- (a) in the workplace, including public and private spaces where they are a place of work;
- (b) in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities;
- (c) during work-related trips, travel, training, events or social activities;
- (d) through work-related communications, including those enabled by information and communication technologies; in employer-provided accommodation; and when commuting to and from work
- protects women in the informal sector who are presently not protected by existing laws as the Convention explicitly states;
Members should provide resources and assistance for informal economy workers and employers, and their associations, to prevent and address violence and harassment in the informal economy.
This would provide sweeping protections in the informal economy protecting women workers like market women, street vendors, and domestic workers.
It also emphasizes the need to provide additional protection for vulnerable employment “in which exposure to violence and harassment may be more likely, such as night work, work in isolation, health, hospitality, social services, emergency services, domestic work, transport, education or entertainment.” However it cautions that this should not result in the exclusion or restriction of women from these positions
Core principles
- (a) prohibiting in law violence and harassment;
- (b) ensuring that relevant policies address violence and harassment;
- (c) adopting a comprehensive strategy in order to implement measures to prevent and combat violence and harassment;
- (d) establishing or strengthening enforcement and monitoring mechanisms;
- (e) ensuring access to remedies and support for victims;
- (f) providing for sanctions;
- (g) developing tools, guidance, education and training, and raising awareness, in accessible formats as appropriate; and
- (h) ensuring effective means of inspection and investigation of cases of violence and harassment, including through labour inspectorates or other competent bodies.
- The Convention is also very forward looking in terms of redress and compensation as it recognizes the impact of domestic violence on women and mandates that employers give leave to victims in case of domestic violence
- Mandates that victims should have access to compensation in cases of psychosocial, physical or any other injury or illness which results in incapacity to work.
Why C190 is it important to women workers?
- Violence against women has been recognized as a human rights violation for a long time however it has taken until this convention to have a dedicated instrument that specifically addresses gender-based violence in the world of work.
- Violence in the world of work disproportionately impacts women and plays a critical role in excluding and driving women out of the labour force.
- Gaps in the Labor law and policy.
Ratify C190 with Recommendation 206
- Once a standard is adopted, member states are required under article 19(6) of the ILO Constitution, to submit it to their competent authority (normally Parliament) within a period of twelve months for consideration.
- Ratify = validate = approve=make it official. (Bound by the provisions of a law).
- Adoption=> ratification => enters into force=>domestication =>implementation
- Binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the ILO
- Comes into force twelve months after the date on which the ratifications of two Members have been registered with the Director- General. (Uruguay)
- Comes into force for any Member twelve months after the date on which its ratification is registered.
- Educate….. Monitor….. Enforce, lobby for ratification
Why should Malawi ratify C190
- Provide for minimum (universal)standards in addressing Violence and Harassment
- To fill gaps in the labour laws- ensure enforcement
- Efforts towards ending inequalities in employment
- Makes good business sense towards productivity-Economic growth
- Improves public services and private sector performance
- Towards ending inhumane treatment , worker exploitation and suffering
- Saves the much needed resources
- Towards being accountable- LEAVING NO ONE BEHIND-SGD…
- We need to present a position on the need to ratify the convention
Malawi must ratify ILO Convention 190
We stand in solidarity to call on the government of Malawi to ratify the ILO Convention 190
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