1. Thomas Erikson
Declaration Department
Final Paper
The International Labour Organization
In participating in the Credit Internship Program, I had hoped to surpass my goals that
I have planned throughout my college career. Duncan Campbell, supervisor within the
Employment sector of the ILO, had stated how a credit internship offers a world of
opportunities. Instead of letting this extraordinary opportunity pass me by, I had hoped to
make it a long-lasting memory and a defining moment during my college career here at
Cornell University. My first goal was to apply the knowledge I have learned throughout my
academic history from the classroom into a working environment promoting both teamwork
and leadership skills. Next, I wanted to experience a real world position geared towards my
interested career option for the future. Third, I had hoped to utilize the technical skills and
knowledge I have learned thus far, as well as to gain new skills that are valuable within the
workplace. My final goal revolved around growing as a person as I learn from experienced
people in a working environment, gain new knowledge and skills that I am able to apply
towards my education as well as my future, and to challenge myself in the work I was to be
assigned to and the journey I had hoped to embark on.
The ILO and its mission and objectives is important to me because it provides me an
opportunity to not only talk about making a change and promoting social justice within the
world today, but to act through the work and responsibilities I will be given throughout the
internship. Being able to apply the skills and knowledge will be beneficial in accomplishing
the mission and objectives of the ILO. My passion for social justice motivates me to work
hard to promote rights at work, encourage decent employment opportunities, enhance social
protection and strengthen dialogue on work-related issues. Participating in this credit
internship would allow me to expand and learn even more on these issues. Throughout the
2. Credit Internship Program, I had planned to further my passion for both human and workers’
rights as I strive for a career in labour/human relations and law, but also to create a lasting
impact through my hard-working efforts as I work tirelessly during the internship to make a
difference in today’s world.
The ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998,
is the focal point of the commitment made by governments, employers’ and workers’
organization to advocate basic human rights and values that are crucial to both social and
economic well-being in the various countries across the globe. The four categories that these
rights and principles are meant to be upheld within include, freedom of association and the
effective recognition of the right to collective bargaining, the elimination of forced or
compulsory labour, the abolition of child labour and the elimination of discrimination in
respect of employment and occupation.1
The Declaration and its Follow-up procedures
provide three ways to help support countries, employers, and workers get closer to fully
accomplishing the ILO’s objectives and mission. The first way is through an Annual Review
consisting of reports from countries that have not yet ratified C. 100 and C. 111. This review
allows the governments to measure their progress over time in ratifying these conventions, as
well as gives a voice to both employer and worker organizations. Next, the Global Report
each year portrays a global picture of what the present situation is like in each of the target
countries. Finally, the Technical cooperation projects are launched to help identify and work
on any issues or problems in these countries so that written principles may be turned into
actual practice.2
Sector 1of the ILO, Standards and Fundamental Rights at Work consists of three
departments that all work together on various issues. The first department is known as
Normes, considered to be the legal aspect of the three where they oversee the development of
1
ILO. "About the Declaration." About the Declaration. International Labour Organization, n.d. Web. 11 Mar. 2013.
<http://www.ilo.org/declaration/thedeclaration/lang--en/index.htm>.
2
Ibid
3. the conventions. Next is IPEC, International Program for Elimination for Child Labour, and
finally along with the Declaration department these two make up the promotional aspects of
this sector. Within the Declaration department, the two crucial conventions that countries
worldwide are encouraged to ratify and follow are Convention 100 on Equal Remuneration
(1951) and Convention 111 on Discrimination in Employment and Occupation (1958). Out of
the 185 member states, 171 have ratified Convention 100, while 172 have ratified Convention
111. Graph A, provided below, visually depicts the particular Fundamental and Governance
Conventions and how many of the member states have ratified each of those, while graph B
portrays the total number of ratifications registered since 1919 narrowing in on 2003-2013.
Graph A. Graph B.
Fundamental and Governance Convention3
Total number of ratifications registered since 19194
Over the course of the semester, the assignments I was given and worked on in a brief
overall summary included:
• Undertook relevant research, summarized findings and made recommendations for the
development of project proposals on the subjects of equal remuneration for work of
equal value and discriminaiton in employment and occupation for the following
Caribbean countries: Jamaica, St. Kitts and Nevis; St. Lucia; and Suriname.
• Contributed to the development of an annotated bibliography on racial discrimination
at the workplace;
3
ILO. "NORMLEX - Information System on International Labour Standards." NORMLEX - Information System on
International Labour Standards. International Labour Organization, n.d. Web. 11 Mar. 2013.
<http://www.ilo.org/dyn/normlex/en/f?p=1000:1:0::NO:::>.
4
Ibid.
4. • Compiled court cases on racial discriminaiton at the workplace examined by various
labour courts globally;
• Reviewed and compiled the ILO’s Committee of Experts comments on the
application of Convention No. 111 on discrimination in employment and occupation
specifically as it related to sex-based discrimination in Azerbaijan;
• Proof-read an in-depth study and a summary of Jordanian national legislation;
• Compiled information related the expansion of the grounds covered under Convention
No 111,
In addition to the above, I contributed useful ideas for the future development of partnerships
in the area of non-discrimination. It has been stated that non-discrimination in employment
and occupation is a complex issue and I worked hard each day to successfully rise to the
challenges that working in this area presented.
My first assignment as an ILO intern was to create an annotated bibliography along
with a list of useful references and sources on the topics of both racial discrimination and
ethnic diversity within the workplace in a variety of countries. My research for this
assignment primarily focused on existing publication materials from 2006 to the present on
the ideas of race and diversity revolving around particular questions such as, “why is racial
discrimination a problem in the workplace?” and “what are the benefits of promoting ethnic
diversity?” This annotated bibliography is a part of a larger project in the South African
region put forth by the Declaration team in the creation of a step-by-step guide on how to
eliminate workplace discrimination.
The purpose of the guide was to provide valuable online sources filled with a plethora
of information that may be used by ILO constituents. This guide offers a variety of
perspectives through its range of information in order to further educate on the realities of
racial discrimination in hope of eliminating it and achieving ethnic diversity within the
workplace. The guide is divided into three parts. The first part consists of an annotated
bibliography of a variety of sources. Some provide background information on the topic of
racism and its negative impacts, such as health issues including illness and stress, while
5. others provide information on how to be proactive after acknowledging that the
discrimination exists. These online sources range from business articles to academic journals.
The information provided is a brief summary of the key points the article or journal is
attempting to convey through its opinions, facts, research, and even case studies. These
sources are meant to inform and can be used to influence those searching for ways to
eliminate racial discrimination. For some, despite being a few years outdated, any
information is useful when trying to reduce discrimination in the workplace. Education is a
vital part of the solution in which these sources are meant to educate and inspire so that the
world may act.
The second part provides an annotated bibliography containing references regarding
the benefits of ethnic diversity in the workplace. It contains studies and articles relating to
the positive effects a more ethnic workforce could bring to an organization. The content
varies from detailed research to more concise journal and article publications. Each reference
is provided with a brief summary of its intent and proposed or proven examples of how ethnic
diversity or multiculturalism can benefit the workplace. The purpose of this list is to
highlight and emphasize the importance of an ethnic workforce in a varying array of
organizations. Throughout the references, there are also noteworthy steps and advice that an
organization could take to further utilize the benefits of the diversity in their workplace.
The third part of the guide includes a comprehensive list of various online sources in a
more general sense of the topics of racial discrimination and ethnic diversity within the
workplace. It is meant to be accessible for organizations worldwide in search of eliminating
this form of discrimination and diversifying their workforce.
Two examples of the research I have found and the summaries I have written as a
supplement to this anti-discrimination guide so that it becomes useful readings follows. The
6. first example focuses on the United States and linking workplace discrimination to high
levels of stress:
Carter, R. and Forsyth, J. 2010. “Reactions to racial discrimination: Emotional stress
and help-seeking behaviors.” Available at: http://psycnet.apa.org/psycinfo/2010-19144-004
[8 Feb. 2013] (Focused in the United States)
This study revolves around Black, Latino, Asian American, American Indian and Biracial
participants and their emotional and psychological reactions to their experiences with racism.
After examining this type of discrimination and its existence among a variety of ethnic
groups, the study discusses the various help-seeking strategies the participants used in order
to deal with the impression it had created in each of their lives. In addition, it provides the
negative impacts that go along with racial discrimination on a day-to-day basis. This study is
useful because its first-hand accounts provide examples on how to reduce racism, but more
importantly on how to deal with the issue, primarily through seeking help from friends and
family members so that their lives would no longer be disrupted.5
The next example focuses on Spain and the evil presence of the workplace discrimination that
exists among the various immigrant groups throughout many Spanish cities.
Agudelo-Suàrez, A., Gil-Gonzàlez, D., Ronda-Perez, E., Porthé, V., Pérez, G.,Garci, A.,
Gari, A. 2009. “Discrimination, work and health in immigrant populations in Spain.”
Available at: http://www.biomedcentral.com/1471-2458/11/652 [13 Feb. 2013] (Focused in
Spain)
The aim of this study is to examine the perceptions of discrimination and the particular
relationship between workplace discrimination and health among Spain’s immigrant
population. Interviews were conducted on twelve focus groups consisting of immigrant
workers in five cities throughout Spain. This study is helpful because of the information
received by these various immigrant groups. Instances such as discrimination in both their
community and workplace, experiences of racism, mistreatment and poor working conditions
compared to Spanish-born workers were described by these immigrant workers. In addition,
this discrimination prevented them from working in a variety of occupations within these
Spanish cities. Acknowledging that this discrimination exists and inhibits an individual based
on race, sex, ethnicity, etc. to freely live their lives is an important step in fighting this type of
discrimination worldwide. This information allows others to create particular policies and
plans to prevent the discrimination, primarily in the workplace, and to recognize and protect
both the labour and social rights of the workers.6
5
Carter, R. and Forsyth, J. “Reactions to racial discrimination: Emotional stress and help-seeking behaviors.” Psychological
Trauma: Theory, Research, Practice, and Policy, Vol 2(3), Sep 2010, 183-191
6
Agudelo-Suàrez, A., Gil-Gonzàlez, D., Ronda-Perez, E., Porthé, V., Pérez, G.,Garci, A., Gari, A. "The Effect of Perceived
Discrimination on the Health of Immigrant Workers in Spain." BMC Public Health. N.p., 17 Aug. 2011. Web. 11 Mar. 2013.
<http://www.biomedcentral.com/1471-2458/11/652>.
7. The next assignment began by researching on three countries located in the
Caribbean- Saint Kitts and Nevis, Saint Lucia, and Suriname. My Supervisor, Lisa Wong,
had attended a retreat in South Africa with all of the departments in Sector 1 as well as 52
other ILO offices worldwide. The main focus of the retreat was to think about the kind of
work that was planned to be executed in the future. It became apparent that there was little to
no research on the countries associated with the ILO in the Caribbean region. For example, a
new equal pay act in 2012 was implemented by the country of Saint Kitts and a new labour
code in Saint Lucia was implemented in the same year; however the ILO did not have much
information on either of them. My assignment was to summarize the new equal pay act and
relate it to Convention 100 on Equal Remuneration. Some key points of the act that I have
researched are provided:
St. Kitts and Nevis’ Equal Pay Bill, 2012
• The intent of the bill is to ensure discrimination based on sex of the employee, in paid
employment, is eliminated.
• The bill seeks to provide equal remuneration for equal work regardless of gender.
• Section 3 of the act guarantees and enforces the principle of equal pay for equal work.
• In the case of a filed violation, the burden of proof lies on the employer, who must provide
evidence that equal pay was produced for equal work.
• The minister in charge of labour disputes delegates an assigned officer, with whom the
employer must fully comply.
• The mediation procedure set forth by the bill begins with the designation of an officer by the
labour commissioner to a specific complaint.
• In the case a settlement is not reached, a mediator is assigned.7
In addition to Saint Kitts, the newly implemented labour code of Saint Lucia was of interest
to many at the ILO. Recently, Saint Lucia had implemented the Labour Code (2006), as well
as the 2011 amendment. Part V, Equality of Opportunity and Treatment in Employment, of
the Labour Code deals with the topic of discrimination. It is considered an act to consolidate
and reform legislation applicable to labour and industrial relations in Saint Lucia taking into
7
"Saint Kitts and Nevis' Equal Pay Bill." Equal Pay Bill, 2012 . N.p., n.d. Web. 11 Mar. 2013. <www.cuopm.com/pdf/First-
Reading-Bills/2012_Equal_Pay_Bill.pdf>. Make sure that titles in APA citations are properly capitalized. Capitalize only the
first letter of the first word or any proper nouns.
8. account existing local standards and international labour law standards and to provide for
related matters. Some of those key aspects of the code are provided from my research:
Saint Lucia Labour Code
Part V- Articles 266-283
• It defines and prohibits particular grounds of discrimination based off of race, sex, religion,
colour, ethnic origin, social origin, political opinion or affiliation, disability, serious family
responsibility, pregnancy, marital status, HIV/AIDS, trade union affiliation or activity, or age
with the exception for the intent of retirement, restrictions on employment of minors, or for
the protection of children.
• Applicants and employees are not to be discriminated against by employers throughout the
recruitment process, employment selection for training, apprenticeship, or employment in
general.
• In terms of equal remuneration, employers must pay an equal wage to both men and women
performing work of equal value.
• Any act of sexual harassment is considered unlawful discrimination based on sex and the
victim is entitled to compensation.
• In the case of advertisement, the code prohibits published or displayed ads or notices that can
be understood to breach any protected provision in the labour code. It is the burden of the
publisher to provide reason and justification for the published statement.8
Along with summarizing the main points of both the St. Kitts Equal Pay Act and the St. Lucia
Labour Code, I reviewed the comments made by a committee made up of experts. This
committee of experts consist of 12 individual judges that meet once a year and read through
annual reports made by the countries that have ratified the conventions. Examples of the
types of comments and suggestions they make are provided below with these two specific
examples focused on C.100 and C.111 as well as my written proposal for both Saint Lucia
and Suriname including the general situation, the issues, and suggestions:
Committee of Experts
Observation on C.100 (Equal Remuneration)
• The committee mentions that the Government of Saint Lucia failed to reply to the prior
comments discussed in an earlier meeting.
• In the Equality of Opportunity and Treatment in Employment and Occupation Act, which
calls for equal remuneration for work of equal value, the Committee noted that the term
“remuneration” was never defined.
8
"Saint Lucia Labour Code ." Labour Code . ILO, n.d. Web. 11 Mar. 2013.
<www.ilo.org/dyn/natlex/docs/ELECTRONIC/90251/103927/F-585459104/LCA90251.pdf>.
9. • In response, the Government claimed that the new Labour Code will provide a broader
definition in accordance with Article 1(a) of the Convention.9
Observation on C.111 (Discrimination – Employment and Occupation)
• With the new code, the government repeals regulations which contain provisions that exclude
women from entering certain occupations. Such actions further progress the objective of the
convention.
• Regardless, the committee requests St. Lucia’s government repeal or amend Section 5(2)(g)
as it is not in accordance with the convention’s principles. According to the Committee, the
revision of this section is vital to “ensure conformity with the convention in law & practice.”10
Saint Lucia Proposal
General Situation
Adopted in 2006, Saint Lucia’s new amended Labour Code was implemented on August 1st
,
2012. It was established as “An Act to consolidate and reform legislation applicable to labour
and industrial relations in Saint Lucia taking into account existing local standards and
international labour law standards and to provide for related matters,”11
Equality of
Opportunity and Treatment in Employment, Part V, of the Labour Code deals primarily with
the topic of discrimination. The other parts include information on preliminary facts, the
fundamental principles of employment, the terms and conditions of continued employment,
occupational safety and health, and recruitment of employees overseas employment and work
permit. In Part II, Fundamental Principles of Employment, the general prohibition against
discrimination states, “Any temporary provision, programme, national policy or activity that
has as its object the amelioration of conditions of disadvantaged individuals or groups, does
not constitute discrimination.”12
Within Part V, a broad variety of topics are mentioned
ranging from defining particular grounds of discrimination including race, colour, sex,
religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age,
disability, serious family responsibility, pregnancy, marital status or HIV/AIDS and sexual
harassment to exceptions and anti-discriminatory policies. In terms of equal remuneration, it
states that employers must pay an equal wage to both men and women performing work of
equal value. Throughout the Labour Code, both the rights of the workers as well as the
responsibilities of the employers are addressed within each section.
Although the country is traditionally based on an agricultural sector providing crops such as
bananas, it has slowly transitioned to a service economy incorporating industries such as
tourism, clothing, assembly of electronic components, etc. 13
. With a relatively small
population of 162,178 people, according to the ILO Decent Work Team and Office for the
Caribbean, their labour force totals 85, 545. Divided by gender, women consist of 39,738,
while men consist of 45,807of the total workforce.14
In terms of the employed labour force
there is a total of 73,136 including 32,756 women and 40, 380 men. In addition, dividing the
labour force by occupation, estimated in 2011 agriculture is left at 4.1%, industry is left at
9
"Observation (CEACR) - adopted 2010, published 100th ILC session (2011)." NORMLEX Information System on
International Labour Standards. ILO, n.d. Web. 11 Mar. 2013.
<www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO:13100:P13100
10
“Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011).” NORMLEX Information System on
International Labour Standards. ILO, n.d. Web. 11 Mar. 2013.
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO:13100:P13100_COMMENT_ID:2325764:NO
11
The
Labour
Code
(2006)
12
Ibid.
13
"St.
Lucia."
CIA.
The
World
Factbook,
n.d.
Web.
20
Feb.
2013.
14
"Saint
Lucia."
ILO
Decent
Work
Team
and
Office
for
the
Caribbean.
N.p.,
n.d.
Web.
20
Feb.
2013.
<http://www.ilocarib.org.tt/index.php?option=com_content&view=article&id=
10. 18.4%, while the service sector dominates at 77.5%.15
This statistical data proves the
transition Saint Lucia has been experiencing from agriculture to a more service based sector
economy. Along with this change comes a greater need for protection of worker’s rights in
the various industries that exist today within Saint Lucia. The unemployment rate continues to
hover around 14.0% where women (18.5%) are more unemployed than the men (10.0%).16
In
terms of a wage differential, the median salary for women is 13,701 dollars compared to the
men’s median salary of 31,791 dollars.17
Within both Saint Lucia’s overall society, as well as
their labour force, there is somewhat of a diverse culture. The predominant ethnic group is
the blacks at 82.5% of the total population. Next, 11.9% are mixed; while 2.4% are East
Indian and 3.1% are other or unspecified. A diverse religious background exists within Saint
Lucia and is broken down with a total percent of the population with Roman Catholic at
67.5%, Protestant at 18.2% (Seventh-Day Adventist at 8.5%, Pentecostal at 5.7%, Anglican at
2%, Evangelical at 2%), other Christian at 5.1%, Rastafarian at 2.1%, other at 1.1%,
unspecified at 1.5%, and none at 4.5%. Unfortunately, there is no available information of the
adult prevalence rate of HIV/AIDS, people living with HIV/AIDS, or deaths due to
HIV/AIDS. However, this particular topic continues to be a major concern for international
organizations fighting for the rights of workers worldwide. Along with these diverse ethnic
groups, gender differences, concern of people affected by HIV/AIDS, and religious
background comes the threat of discrimination, primarily within the workplace.
Issues
In a general sense, the newly-implemented Labour “Code” Act has been receiving positive
feedback from a variety of organizations and groups such as the Trade Union Federation and
the Employers’ Federation (SLEF) within Saint Lucia. There is a strong consensus that this
Code will greatly improve the nation’s workplace environment. Julian Monrose, the President
of the Saint Lucia Trade Union Federation, had stated, “The Labour Code is about justice:
justice for workers, justice for employers, justice for all. Justice in the interest of national
development (and) justice in the interest of a peaceful industrial relations climate.”18
However, although the government of Saint Lucia was commended for establishing this
Code, a particular challenge erupts with this newfound praise. Enforcement does not always
result from implementation, and the challenge that the organizations within Saint Lucia are
forced to face is their willingness and encouragement to actually enforce the new Labour
Code. Based off of the Committee of Expert comments (Observation 2010) certain sections of
the new Labour Code need to be worked on and particular things need to be added as well in
order to fully comply with the Committee’s requests.19
Enforcement is crucial because the
Code balances out the rights of the workers and the responsibilities of the employers. Ray
Narcisse, the Labour Commissioner urges, “trade unions, workers, employers – for the sake
of all of us and the livelihoods of our people in this country to ensure that our operations
reflect respect for the standards of this Labour Code.”20
Improving relations between the
workers and employers will create a better, more productive economy for Saint Lucia. As a
result of this Labour Code, the relationship between the Saint Lucia Trade Union Federation
15
"Saint
Lucia
GDP
Data
&
Country
Report
|
Global
Finance."
Global
Finance
-‐
The
Best
Banks
|
192
Country
Reports
|
GDP
Data.
N.p.,
n.d.
Web.
20
Feb.
2013.
<http://www.gfmag.com/gdp-‐data-‐country-‐reports/190-‐saint-‐lucia-‐gdp-‐
country-‐report.html#axzz2LQPiwqzu>.
16
St.
Lucia
–
ILO
Decent
Work
Team
(Caribbean)
17
Firm,
Number
of
Professionals
in.
"
Saint
Lucia
Country
Salary,
Average
Salaries
|
PayScale
Saint
Lucia."
PayScale
-‐
Salary
Comparison,
Salary
Survey,
Search
Wages.
N.p.,
n.d.
Web.
21
Feb.
2013.
<http://www.payscale.com/research/LC/Country=Saint_Lucia/Salary#by_Gender>.
Make
sure
that
titles
in
APA
citations
are
properly
capitalized.
Capitalize
only
the
first
letter
of
the
first
word
or
any
proper
nouns.
18
Bishop
,
Stan
.
"LABOUR
CODE!
|
St.
Lucia
Voice
News."
Saint
Lucia
News
The
Voice
-‐
The
national
newspaper
of
St.
Lucia
since
1885,
St.
Lucia
Newspaper,
The
Voice
St.
lucia,
Saint
Lucia,
News.
N.p.,
n.d.
Web.
20
Feb.
2013.
<http://www.thevoiceslu.com/local_news
19
Committee
of
Experts.
"Observation
(CEACR)
-‐
Adopted
2010,
Published
100th
ILC
Session
(2011)."
Comments.
N.p.,
n.d.
Web.
20
Feb.
2013.
20
LABOUR
CODE!
11. and the Saint Lucia Employers’ Federation has been steady during this time. However,
according to Dr. Hon. Robert Lewis, the Minister of Education, Human Resources
Developments and Labour, “the ever-changing global economic market calls for an industrial
relations framework that meets the needs of those changes.”21
As a result there is a need for
greater cooperation between employers and employees. Despite Saint Lucia being just one of
many countries that continue to struggle with inequality, discrimination, enforcement, etc.,
even the smallest financial assistance goes a long way when trying to accomplish a long term
goal of equality and prosperity for all.
Suggestions
Saint Lucia’s laws, practices, and policies should conform with its commitment to Caribbean,
there has been training activity and workshops undertaken by representatives of Government
and employers’ and workers’ organizations from 2005-2010. However, these training
activities, including HIV/AID and peer educator workshops should still be continued today.
The key factor in assisting non-developed countries is to properly monitor and help in any
way possible enforce legislation that affects the people. Establishing a Labour Code on paper
while praising and discussing it conquers only half of the battle. Action and enforcement are
what bring results that greatly impact not only the lives of those who work, whether
employees or employers, but also Saint Lucia as a whole as it looks to grow and progress into
the future. Proposed suggestions in order to further assist and support Saint Lucia as they
work to strengthen their overall economy and develop for the future can be useful for the
country. In turn, providing Saint Lucia with resources, assistance, tools, or financial means to
enforce this new labour code can greatly impact the workplace and help reduce discrimination
and protect the rights of the workers. Overall, this will promote equality and Saint Lucia can
focus on developing as a country.
• Fund a research team to conduct studies on discrimination that currently
exists, primarily gender and sexual orientation, and work to see if there is an
impact within the workplace. In addition, compile information across a wide
range of topics where data is not available. For example, if information on
those people who have HIV/AIDS or other disabilities that may be
discriminated against within the workplace existed, it would be very useful.
• Education leads to awareness which results in action. Training programs,
whether related to on- the -job -work or diversity training for both the
workers as well as the employers in the various industries should be created
and implemented, so that Saint Lucia can be a productive and growing
economy. Based on the industry, classes can be set up for the workers to
attend and learn not only about the occupation but also about their rights and
responsibilities, for example, issues that are expressed within the new Labour
Code. This training and education can immensely benefit Saint Lucia as it
looks to develop with other countries.
• Provide the necessary resources, tools and financial means in order to assist
and strengthen Saint Lucia’s Labour Department so that a greater
enforcement of the new Code will be in full effect.
• Fund an action committee or recruit field officers to promote campaigns
within Saint Lucia to meet and work together with the workers, the
employers, and the leaders. They may act as focal points between their
organization and the people within Saint Lucia. Workshops can be set up for
workers and employers to attend to openly discuss issues impacting the
workplace so that they may be resolved. Workers need to be educated and
21
Ibid.
12. aware of not only transformations that take place, but their rights that they are
entitled to especially within the workplace.
Suriname Proposal
General Situation
Suriname, located on the Northeast coast of South America, continues to be a popular
research topic conducted throughout the International Labour Organization. Thirty
conventions of the ILO have been ratified by Suriname including five Fundamental, (C.029
on Forced Labour, C.087 on Freedom of Association and Protection of the Right to Organize,
C.098 on the Right to Organize and Collective Bargaining, C.105 on the Abolition of Forced
Labour, and C.182 on the Worst Forms of Child Labour, three Governance, and twenty-two
Technical. Out of these thirty ratified conventions, twenty-nine of them are enforced, while
one has been denounced- C.096 on Fee-Charging Employment Agencies, and there has not
been another ratified within the last twelve months. On the other hand, there are fifty-nine
conventions that have not been ratified by Suriname. More importantly, under the
Fundamental conventions, C.100 on Equal Remuneration and C.111 on Discrimination-
Employment and Occupation have not been ratified.
The economy of Suriname is dominated by the mining industry with alumina, gold and oil
making up about 85% of their exports and 25% of government revenues. With a population of
560,157 people, there is a recorded total labour force of 165,600. 22
The adult male population
of the labour force represents 72% of the total population in Suriname, while the female adult
population of the labour force only represents 42%.23
The percentage of labour force by
occupation for agriculture, industry, and services totals 8, 14 and 78 respectively. The
unemployment rate was recorded at 9% which may have some relation to the recorded data
that 70% of the population is living below the poverty line.24
In terms of Suriname’s society,
there exists a variety of ethnicities as well as a diverse religious background. The diverse
ethnic groups represented in Suriname include Hindustani, locally known as "East Indians" at
37%, Creole (mixed white and black) at 31%, Javanese at 15%, "Maroons" at 10%,
Amerindian at 2%, Chinese at 2%, white at 1%, and other 2%.25
In addition, the religious
backgrounds range from Hindu at 27.4%, Protestant at 25.2% (predominantly Moravian), and
Roman Catholic at 22.8% to Muslim at 19.6% and indigenous beliefs at 5%.26
Another
ground of discrimination exists in Suriname with a high possibility of having a negative
impact of those individuals affected with HIV/AIDS. The adult prevalence rate is 1% and the
number of individuals living in Suriname with HIV/AIDS totals 3,700.27
As a result of these
diverse ethnic groups, various religious backgrounds and individuals affected with
HIV/AIDS, the concern for workplace discrimination as well as pay inequality arises.
Therefore, it is hugely encouraged and something that ILO continues to work on is the
ratification of both C.100 and C.111 in countries such as Suriname to protect the rights of the
workers.
Issues
As previously mentioned, Fundamental conventions, C.100 on Equal Remuneration and
C.111 on Discrimination- Employment and Occupation have not been ratified by Suriname.
Their failure to ratify these conventions, the main roadblock for progress in eliminating
discrimination in the workplace, is a result of the accumulation of many other issues,
primarily involving inadequacies in the country’s labour legislation.
22
"Suriname."
Central
Intelligence
Agency.
The
World
Factbook,
n.d.
Web.
25
Feb.
2013.
<https://www.cia.gov/library/publications/the-‐world-‐factbook/geos/ns.html>.
23
"Suriname
."
The
Global
Gender
Gap
Report
2012.
World
Economic
Forum,
n.d.
Web.
25
Feb.
2013.
<www3.weforum.org/docs/WEF_GenderGap_Report_2012.pdf>.
24
Suriname,
CIA
25
Ibid.
26
Ibid.
27
Ibid.
13. The protections of workers granted by Articles 8, 27, and 28 in the Surinamese Constitution
(1987), and the General Decree A-11 establish the rights of all for equal remuneration for
equal work, and for equal opportunity without discrimination. Yet, these granted protections
are not elaborated on in any related legislation, and can be said to be overly vague. The lack
of sexual harassment and equal remuneration provisions in legislation restricts proper
implementation of the law. Along with this, there is a necessity to establish clearer job
classifications to assure fair comparison for equal remuneration. Currently, there are also no
relevant judicial decisions that enforce these non-discriminatory provisions. Despite a strong
supporting consensus for the ratification of Conventions 100 & 111, agencies representing the
tripartite partnership have noted issues that require to be addressed in order to increase the
probability of ratification. According to worker’s organizations, there is a lack of capacity for
employer and worker representatives in relevant advisory boards, such as the Social Economy
Advisory Board. At times, these organizations have also been reported as doubting, or
minimalizing the importance of such ratification. In 2012, the Centrale van Landsdienaren
Organisatie (CLO) voiced its belief that the ratification of Convention 111 was not necessary,
as discrimination is not an identifiable problem in the Surinamese labour force. Such
statements still prove the fundamental necessity of raising awareness of the issue still needs to
be reinforced.
According to RAVAKSUR, the federation of labour unions, implementation of C.100 &
C.111 is near impossible due to the complications set forth by the large informal sector. A
reported 54% of the Surinamese workforce is part of the informal economy (2006).28
The
lack of steady formal employment forces many Surinamese households to turn to the informal
sector in order to achieve an adequate level of income. , partaking in gold mining may prove
way more beneficial than seeking employment in the formal sector. In fact, between 15,000
and 25,000 people are estimated to be engaged in small-scale gold mining. All these workers
are considered part of the informal sector.29
An estimated half of these individuals are
“garimpeiros” or Brazilian immigrants. Under Article 8 of the Constitution of Suriname,
which grants equal claim to protection for “all within territory,” these migrants are granted the
same protective employment rights as Surinamese natives. Yet, because majority, if not all of
them, remain undocumented, their rights cannot be enforced or protected by current
Surinamese law. In order for the legislation to properly address and promote the standards set
by Conventions 100 & 111, it must address the large amount of the population working in the
informal economy, including migrant workers. Suriname has identified their intent to address
and support the informal economy in future labour law, yet, as noted by the Committee of
experts, without reasonable elaboration. The trend of intent without a gradual plan of
implementation remains a theme in the Convention 100 & 111 ratification process for
Suriname.
Suggestions
While the intent to ratify from the Surinamese government is apparent, there needs to be a
push for execution of the intention. The most influential voices to get this process going may
be the workers of Suriname. It could be suggested that measures are taken to stimulate the
public into pressuring their elected officials and government as a whole to take the necessary
steps to ratify Conventions 100 & 111. Potentially, initiatives listed below can be taken.
• An awareness raising campaign targeted at the underemployed and
unemployed could stimulate progress. If workers who are currently forced to
seek additional employment in the informal sector to reach a sustainable
income are made aware that their government has the power to pass
7
Verrest,
Hebe.
Home-‐based
Economic
Activities
and
Caribbean
Urban
Livelihoods:
Vulnerability,
Ambition
and
Impact
in
Paramaribo
and
Port
of
Spain.
Amsterdam,
The
Netherlands:
Amsterdam
UP,
2007.
http://books.google.ch/books?id=vbokFNZTnJMC&lpg=PA83&dq=informal%20sector%20in%20suriname&pg=PA8
3#v=onepage&q=informal%20sector%20in%20suriname&f=false
29
Suriname:
the
impact
of
the
May
2006
floods
on
sustainable
livelihoods,
LC/L/2690-‐P/LC/CAR/L.114,
Sales
No.
E.07.II.G.41
(US$
10),
2007.
http://www.eclac.cl/publicaciones/xml/9/29019/L.114.pdf
14. legislation which could increase the probability of them finding decent and
fair work, they can rally for the necessary legislation to be passed.
• Newsletters aimed to inform the general public about the lacking workplace
protection legislation would also spark interest for public pressure.
• Volunteer based family support for individuals working in the informal
sector. Time with the unrest of not being able to support a family for even a
few days can be used to seek reemployment in the formal sector, where the
protective provisions of the legislation apply.
The law in Suriname prohibits discrimination based on race and ethnicity; however, it does
not address discrimination based on disability, language, or social status. Although the law
does not specifically prohibit gender discrimination, there is some protection of women's
rights to equal access to education, employment, and property. Various groups within the
Suriname population, such as women, Maroons, Amerindians, persons with HIV/AIDS, and
lesbian, gay, bisexual, and transgender (LGBT) individuals continue to experience and suffer
from discrimination.30
In addition, in terms of employment and in rates of pay for the same or
similar occupation, women continue to suffer from discrimination and a lack of equality.
There were no efforts made by the government to reduce economic discrimination.31
• Fund and support women activist groups such as The National Women’s
Movement, The Women’s Business Group, and Women’s Parliament Forum
in order to promote the work they do to provide women with business ideas
and opportunities and to protect the rights they are rightfully entitled to in
Suriname.
• In addition to women, the other groups discriminated against such as the
LGBT individuals, those with disabilities, and those affected with
HIV/AIDS, should receive support to campaign these issues so that the
people of Suriname, primarily those within the labour force are made aware
of these discriminatory actions and people may act upon it. Through
awareness, the workers may act and fight for Suriname’s ratification of C.100
and C.111.
• Because these two conventions have a direct effect on the workers, the ILO
should provide activists, field officers, or representatives to travel to
Suriname to educate them about the ILO and its mission and to explain C.100
and C.111. With this newfound knowledge, the workers can attempt to unite
and encourage their government to ratify such conventions so that they will
be better protected within the workplace. If the government chooses to ratify,
in turn it can lead to greater satisfaction and productivity by the workers and
improve the economy greatly.
My next assignment as a follow up to the research work I did on the Saint Lucia
Labour Code, I was asked to review and check their national newspapers, magazines etc. and
even those for the OECS, Organisation of Eastern Caribbean States, to see what type of job
advertisements are published on a daily basis. In particular, I was looking for those
advertisements that might be considered discriminatory based off of grounds such as race,
sex, and age. In addition, I was asked to check to see whether there is any sort of equality
30
2010
Human
Rights
Report:
Suriname."
U.S.
Department
of
State.
U.S.
Department
of
State,
08
Apr.
2011.
Web.
25
Feb.
2013.
<http://www.state.gov/j/drl/rls/hrrpt/2010/wha/154520.htm>.
31
Ibid.
15. body or tripartite institution in place, either at the national or sub-regional (OECS) level
which has the responsibility (among others) of monitoring equality or other such workplace
issues in these particular regions. After researching, I had provided a few job advertisements
within Saint Lucia that had seemed to be discriminatory. The newspapers and magazines
within Saint Lucia either did not have any advertisements posted or they did not have a job
section in general. I found an interesting page within Facebook.com, where each day a new
job advertisement is posted online whenever one is available. Of course depending on the job
requirements (certain exceptions) the advertisements may or may not be discriminatory, but
ones that caught my attention were mainly related to age and sex discrimination. Researching
these materials will help the ILO in addressing the direct problem countries such as St. Lucia
face on a day-to-day basis involving discrimination. Since the problem has now been
identified, the ILO can now work towards resolving and improving St. Lucia and its society.
The discriminatory advertisements are provided with the job offering and the discriminatory
action:
• Rendezvous - Pastry Chef De Party & Wine Waiter Position
o Submission of a clean police record is mandatory
• Northern Beverages Limited - Warehouse Supervisor
o A police report should accompany applications
• Property Protectors
o Persons between the ages of 24 - 46
• The Saint Lucia Medical and Dental Council - Temporary Data Entry Clerk
o Person must be 18 to 25 years old
• Vacancy – Babysitter
o Between ages 30-45
• IGY Marina - Customer Service Representative
o young lady
• Vacancy Female Bartenders
o looking for 3 experienced female bartenders
In addition to the Employers Federation and the Trade Federation, I found on the Labour
Department website of St. Lucia those specific departments relating to the workplace so that
the ILO can now work with these particular departments to help eliminate discrimination.
16. The five specific offices that are within the Labour Department of Saint Lucia and their
objectives are provided:
1. The Administrative Unit
a. The purpose of the unit is to efficiently and effectively discharge the
Labour Department’s mandate.
b. Furnishing employees with the necessary stationery for effective
performance of their duties
2. The Public Relations and Industrial Services Unit (PRISU)
a. The overall aim of the PRISU is to ensure that parties in the employment
relationship (employers, employees and their organization) abide by the
Labour Laws and that the prevailing industrial relations climate is
peaceful and facilitates economic investment.
3. Manpower Unit
a. This unit’s main aim is to assist unemployed persons to obtain gainful
employment through established linkages between employers and job
seekers for the labour market both locally and externally.
4. Occupational Health & Safety Unit
a. The main purpose of the Occupational Health & Safety Unit is to
enhance the well-being of the workforce, to minimize the impact of
workplace hazards and to ensure that health and safety standards are
maintained.
5. Knowledge & Information Management Unit
a. These libraries (L.M.I.L.) being the source of regional and national
labour market statistics, would be used to help in decision making
policies in some key labour-related areas such as occupational wages,
employment, unemployment, under-employment, productivity, human
resource development, occupational accidents and disputes etc.
When I continued my search for a dominant tripartite institution dealing with workplace
issues, an interesting article from September 2012 that discussed the need for this tripartite
body to help St Lucia came up. Direct statements from the article are provided:
“A Time for Moderation and Modernisation” (September 26, 2012)
By - Dr. The Hon. Kenny D. Anthony Prime Minister and Minister for
Finance, Economic Affairs, Planning & Social Security
“Either way, this Government has brought the Labour Code into force because we
believe the country needs to move forward. We need to begin implementing the
provisions of the Code in the interest of all Saint Lucians, because everyone, be she
employer or employee, needs a safe and healthy work environment. Everyone needs
fair treatment at the workplace. Everyone needs a fair income. We all need to
modernise the way we do things, and the Labour Code was precisely about this. As
we move toward implementation, I think we can all agree that it is time to put aside
17. the passions and disagreements of the past. It is time to for all of us to work together
in the interest of the common good. This is my hope; this is my agenda.”32
“Since 1999, there has been an OECS Decent Work Agenda in conjunction with the
International Labour Organisation, which is meant to focus on four main priorities.
These include the following:
1. The revising and updating of national labour legislation, which of course
was one of the bases for the new Labour Code here in Saint Lucia;
2. The strengthening of labour market information systems, a tool which is
still required if we are to realise increased movement and targeted
interventions in the labour market;
3. The promoting of inclusive workplace policies, particularly the need to
embrace persons with disabilities – and I believe a seminar was held on just
such a theme quite recently; and finally
4. The strengthening of social dialogue between and among partners and the
society.”33
Next, was an assignment on the research of Trinidad and Tobago’s Labour code,
primarily focusing on information relating to holiday entitlements for their workers. While
researching on certain databases within the ILO, such as NATLEX or CARIBLEX, there was
little to no information on worker holiday entitlements. However, there were other useful
websites that provided information on the official public holidays for 2013-2014, as well as
prior research already found by the ILO. This is another assignment where the research can
be helpful in various anti-discrimination projects that are set by the ILO in Trinidad and
Tobago. Provided is an overview of the research I have found and what Trinidad and Tobago
legislation actually says about holiday entitlements:
Trinidad & Tobago Labour Code – Holiday Entitlements
“With the exception of the Police, Prison and Fire Services where special provisions
are made since employees are required to work on Sundays and public holidays, all
permanent State employees are guaranteed paid public holidays. Where an employee
is required to work on a public holiday, where that day is a normal working day the
employee is entitled to a day off. In the private sector employers and unions may
32
"St. Lucia News Online » Blog Archive » A time for moderation and modernisation." St. Lucia News Online | The aim of
St.Lucia News Online is to bring breaking news, professional and reliable daily news, photos, videos , audio and
commentary to every St. Lucian.. N.p., n.d. Web. 5 Mar. 2013. <http://www.stlucianewsonline.com/a-time-for-moderation-
and-modernisation/?wpmp_switcher=mobile&wpmp_tp=6>.
33
Ibid. at 5
18. agree on leave entitlements which become part of a registered collective agreement
which is binding on both employer and employees. Where no collective agreement
exists paid public holidays, vacation and sick leave are at the discretion of the
employer.”34
Important Notes about Public Holidays
• At the discretion of the Prime Minister of Trinidad and Tobago, any other
date may also be declared a public holiday.
• Good Friday and Easter Monday are observed as public holidays in
Trinidad and Tobago. However since they are determined by the
Christian calendar, the date for each public holiday varies from year to
year.
• The Muslim festival of Eid–ul–Fitr and the Hindu Festival of Divali are
observed as public holidays in Trinidad and Tobago. However, since they
are determined by the respective Muslim and Hindu religious
organisations, the calendar date for each public holiday varies from year
to year. These dates are usually announced one to two weeks prior to
their observance each year. Divali is usually celebrated in October or
November of each year.
• When a public holiday falls on a Sunday, the holiday will be observed on
the Monday immediately following. When two public holidays fall on the
same day, the following day is also given as a public holiday.
• Most businesses are closed on Carnival Monday and Tuesday, even
though these days are not public holidays. Please follow the link in the
See Also section for more information on Trinidad and Tobago’s
Carnival.”35
In addition to the information about the holiday entitlements, I came across an article
titled, “Entitlements at Work” that discussed the issues that the workers within Trinidad and
Tobago face in relation to the holidays. Provided are some key points that were made
throughout the article that encourages Trinidad and Tobago, and now the ILO to act in order
to further protect the workers and their rights. This article becomes very useful from the
information and suggestions that are provided so that both the Government and the ILO can
collaborate as a team and work together to consider these suggestions and possibly overcome
this issue in this country.
34
"National Labour Law Profile: Trinidad and Tobago." National Labour Law Profile: Trinidad and Tobago. N.p., 17 June
2011. Web. 06 Mar. 2013.
35
"Trinidad and Tobago Government Portal." Trinidad and Tobago Government Portal. N.p., n.d. Web. 6 Mar. 2013.
<http://www.ttconnect.gov.tt/gortt/portal/ttconnect/CitizenDetail/?WCM_GLOBAL_CONTEXT=/gortt/wcm/connect/GorT
T%20Web%20Content/ttconnect/home/official+public
19. Entitlements at Work (Article)
Currently, there is no legislation or policies regarding holidays, UNLESS you're a
State employee. The government MUST ensure that employers fulfill their duty of
care towards employees. Yes, we have numerous public holidays, but if an employee
wants to take a vacation and is denied the time, that employee has no rights or
recourse. My suggestion is that we follow the format used in the UK where there is a
minimum right to paid holiday, but the employer may offer more than this. The main
aspects of holiday rights in the UK include:
-‐ you are entitled to a minimum of 5.6 weeks paid annual leave - 28
days for someone working five days a week (capped at a statutory
maximum of 28 days for all working patterns)
-‐ part-time workers are entitled to the same level of holiday pro-rata
(so 5.6 times your usual working week, e.g. 22.4 days for someone
working four days a week)
-‐ you start building up holiday as soon as you start work
-‐ your employer can control when you take your holiday
-‐ you get paid your normal pay for your holiday
-‐ when you finish a job, you get paid for any holiday you have not
taken
-‐ bank and public holidays can be included in your minimum
entitlement
-‐ you continue to be entitled to your holiday leave throughout your
ordinary and additional maternity leave and paternity and adoption
leave”36
My next assignment was given to assist a classmate of mine in her research on non-
discrimination for our class, Worker’s Rights as Human Rights. Her research paper focuses
on the possibility of amending Convention 111 to include protection against discrimination
based on sexual orientation, including any previous efforts at such an expansion of protection
and what barriers to passage and ratification can be anticipated in different countries. The
first part of her paper discusses the history of Convention 111 and how it was passed,
including the arguments for and against it at that time within the tripartite executive body. In
addition, she was looking for information of whether or not there were any steps taken to
update the ILO legislation to include extra grounds of discrimination, as mentioned in the
36
"LEGAL
RIGHTS:
TRINIDAD
AND
TOBAGO."
:
Holiday
Entitlement
at
Work.
N.p.,
09
Oct.
2011.
Web.
06
Mar.
2013.
<http://trinidadandtobagolegalrights.blogspot.ch/2011/10/holiday-‐entitlement-‐at-‐work.html>.
20. 2011 Global Report. Because she had already searched for information on the ILO website
and other various databases, I was able to use one of my most important resources here at the
ILO - the library. Explaining the situation to the librarian, he was able to send me
publications dating back from 1957 and 1958 consisting of information and meeting minutes
from the International Labour Conference that takes place every June. After reviewing each
of those documents, very useful information on the discussion of Convention 111 and its
history became available.
For her second part on the discussion of other grounds of discrimination, I sat down
with another librarian who had provided me with valuable links of information including
meeting minutes from the International Labour Conference, meeting minutes from the
Governing Body, as well as the 2012 general survey of the CEAR (Committee of Experts on
the Application of Conventions and Recommendations). I reviewed the minutes for the
International Labour Conference from both 1957 and 1958, and for the Governing Body
meeting minutes I scanned through dating back to 1990. It was interesting to research the
history of a convention and to understand how and why it was adopted as part of one of the
crucial ILO conventions.
My next assignment involved another proposal, but this time the focus was on
Jamaica. It was thought that the legislative side of the proposal to Saint Kitts and Saint Lucia
should no longer be pursued after the adoption of the new Equal Pay Act in Saint Kitts and
the new Labour Code in Saint Lucia. Although there was communication between the ILO
and the Labour Commissioner in Saint Kitts about a possible interest in doing an activity on
discrimination, due to the size of the country and number of potential participants workshops,
it was decided that it would most likely not be successful. In addition to Saint Kitts and Nevis
and Saint Lucia, Jamaica seems like a valuable option to explore. The goal would be to
connect the link between the UN country team and the UNDAF (United Nations
21. Development Assistance Framework) In addition, Jamaica has recently recruited a Human
Rights specialist, so working with the country team to develop positive action can be very
beneficial. Provided is some of the research information I have gathered for Jamaica in order
to help the ILO receive funding to help eliminate the primary issues Jamaica continues to
face:
Jamaica Proposal
Jamaica has been a member of the ILO since 1962 and has ratified a total of 26
conventions. All eight fundamental conventions have been ratified that continue to be
in force, more specifically, Jamaica has also ratified C.111 on Discrimination
(Employment and Occupation) on January 10, 1975 and C.100 on Equal
Remuneration on January 14, 1975.37
In 1994 Jamaica had signed the Caricom-
Venezuela Free Trade Agreement involving other countries such as Antigua &
Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Montserrat, St.
Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad & Tobago,
Venezuela. The following year, 1995, they signed the Caricom-Bolivia Free Trade
Agreement with the same countries.38
In terms of federations and organizations, along
with the Jamaica Employer’s Federation, there is the Jamaica Confederation of Trade
Unions as the main workers’ organization. There are other unions within Jamaica
such as, United Union of Jamaica, Jamaica Workers’ Union, National Workers’
Union and many more.39
In addition, there has been ILO training and capacity-building activities and
workshops undertaken by representatives of the Government and both employers’
and workers’ organizations. The training, activities,, and workshops included
HIV/AIDs focal point training workshop, Occupational Safety and Health workshops,
Peer education training, Trade union seminars, training workshop on reporting on
international labour standards for selected countries in the Caribbean, ILO tripartite
capacity building workshop on labour legislation, as well as many more dating back
to 2005.40
After completing the Jamaican Proposal, I was asked to find the Labour Code (1986)
and Civil Servants Bylaw No. 30 (2007) for Jordan. A study was being worked on in Jordon
37
"Jamaica
-‐
Requested
Reports
and
Replies
to
CEACR
Comments."
Reporting
Obligations.
ILO,
n.d.
Web.
09
Apr.
2013.
<http://www.ilo.org/dyn/normlex/en/f?p=1000:14000:0::NO:14000:P14000_COUNTRY_ID:103236>.
38
"List
of
Free
Trade
Agreements."
List
of
Free
Trade
Agreements.
N.p.,
n.d.
Web.
09
Apr.
2013.
<http://www.zodl.net/ftalist.htm>.
39
"List
of
Workers'
Unions
in
the
Caribbean."
Workers'
Organizations.
ILO
Caribbean
Team,
n.d.
Web.
9
Apr.
2013.
<http://www.ilocarib.org.tt/images/stories/contenido/pdf//WorkersActivities/caribbean-‐unions.pdf>.
40
"Jamaica
-‐
ILO
Training."
ILO
Training.
ILO
Subregional
Office
for
the
Caribbean,
n.d.
Web.
9
Apr.
2013.
<http://www.ilocarib.org.tt/images/stories/contenido/pdf/Training/training2005-‐2010.pdf>.
22. on Equal Pay, and there were some legal issues that several consultants were working on
involving terms of equality such as equal pay for equal value. The study is near completion
and is to be launched in Jordan on May 19, 2013, mainly seen as a huge media buzz.
Hundreds of invitations have been sent out and a Legal Policy Brief Review has been made
that summarizes the full study. To support the information within the legal policy brief I was
asked to match each of the articles mentioned to their related topic in both the Jordan Labour
Code and the Jordan Civil Servants Bylaw. For example, some articles discussed in the brief
provided information and I detailed what it dealt with in the legislation involving topics such
as contracts of employment, protection of remuneration, organization of work and leave time,
and salaries and allowances. This document is useful and important so that many in Jordan
can become aware of the issues the country continues to face and see how the ILO is actively
in support of them. The complete Equal Pay study will be provided to those members in
Parliament, and the Legal Policy brief will be circulated around so that many may become
informed. In addition to researching the accurate dates of the laws and regulations, I was
asked to proofread both documents, so that a “fresh pair of eyes,” can edit this important
document. I was able to find some minor mistakes and work with my supervisor to review
and revise each of them so that this Jordan Review and Study would be flawless.
The next assignment involved Azerbaijan and their legislation. Throughout the hard
work of many at the ILO, it was stated that after many years of comments made by the
Committee of Experts on the Applications of Conventions and Recommendations certain
terms relating to women and maternity were still present that called for a need to be changed.
However, maternity protection for women is included in some of these comments so that it
provides written proof when Azerbaijan begins to improve their legislation. Provided are the
comments stated:
23. Azerbaijan CEACR Comments – C.111
Observation
2012
“Exclusion of women from certain occupations. The Committee has raised concerns over a
number of years regarding the exclusion of women from certain occupations pursuant to
Decision No. 170 of 20 October 1999, made under section 241 of the Labour Code. It notes
the Government’s indication that efforts are being made to repeal or abrogate the list under
Decision No. 170 of 1999. The Committee again recalls that protective measures applicable to
women’s employment which are based on stereotypes regarding women’s professional
abilities and role in society, violate the principle of equality of opportunity and treatment
between men and women in employment and occupation. Provisions relating to the protection
of persons working under hazardous or difficult conditions should be aimed at protecting the
health and safety of both men and women at work, while taking account of gender differences
with regard to specific risks to their health (General Survey on fundamental Conventions,
2012, paragraph 840). The Committee urges the Government to repeal the list under
Decision No. 170 of 1999 and to ensure that any measures limiting women’s employment
are strictly limited to maternity protection. Please provide specific information on the
progress made in this regard.”41
2010
“Exclusion of women from certain occupations, and special protective measures. The
Committee has raised concerns over a number of years regarding the exclusion of women
from certain occupations, pursuant to Decision No. 170 of 20 October 1999, made under
section 241 of the Labour Code. The Committee notes the Government’s indication that the
labour policy concerning women is based on the principle of making women’s work easier.
According to the Government, this is achieved through measures relating to both their
biological characteristics and their family responsibilities. The Committee understands from
the Government’s reply that the main reason behind the establishment of a list of occupations
prohibited to women is the will to protect their health and safety. In this respect, the
Committee recalls that special protective measures for women, which are based on
stereotyped perceptions regarding their capacity and role in society, violate the principle of
equality of opportunity and treatment in employment and occupation. It considers that such
measures should be limited to maternity protection, so as not to constitute obstacles to
the recruitment and employment of women. The Committee therefore asks the
Government to review Decision No. 170, of 20 October 1999, establishing the list of
occupations from which women are excluded, to ensure that special protective measures
are strictly limited to protecting maternity and that those aimed at protecting women
because of their sex or gender, based on stereotyped assumptions, are repealed. Please
provide information on the steps taken in this regard.”42
41
"Azerbaijan
Observation
(CEACR)
-‐
Adopted
2012,
Published
102nd
ILC
Session
(2013)."Comments.
ILO,
n.d.
Web.
23
Apr.
2013.
<http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3081200:NO>.
42
"Azerbaijan
Direct
Request
(CEACR)
-‐
Adopted
2010,
Published
100th
ILC
Session
(2011)."
Comments.
ILO,
n.d.
Web.
23
Apr.
2013.
<http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2333297>.
24. Finally, my last assignment derived from a meeting with my supervisor and co-
workers on the discussion of funding for particular Declaration specific projects, not only
from countries such as France and the United States, but a move towards large, wealthy
companies and organizations. I began to research on organizations such as FIFA (The
International Federation of Association Football) and how they can play a major role in
funding these projects in order to help eliminate discrimination across the globe. Below is
some of the research I have conducted and I decided to focus on the 2022 World Cup in Qatar
and the issues that Qatar faces today in hopes of providing ILO assistance in order to solve
these issues.
FIFA World Cup – Discrimination Campaign
Qatar (2022)
Issues
1) Negativity against homosexuality
a. “Human rights groups have expressed concerns over the country's attitude
towards homosexuality. Sepp Blatter appeared to make light of the issue during a
FIFA press conference following the announcement of Qatar's successful bid,
further antagonising the gay community. Dutch politicians have suggested that
the Dutch national team should play in pink if they qualify in way of protest at
the attitude towards homosexuality in the Arab world.”43
b. Do not recognize Israel
i. What happens if they qualify?
c. Gender Inequality
i. “As for Qatar, where to begin? The fact that FIFA, an organization
dedicated to women’s soccer as well as men’s, has decided to host the
World Cup in a country that is completely opposed to any form of
equality for women is reprehensible.”
ii. “Furthermore the system of “sponsorship” for foreign workers in Qatar is
akin to modern slavery. Essentially, these people move to Qatar for the
promises of high paying jobs, but once they arrive find they have no
rights what-so-ever and are forced to except low or no pay in exchange
for housing, and if they refuse they are beaten. It should be interesting to
see how FIFA get around the fact many of the stadium workers and the
43
"2022 World Cup Qatar Details." 2022 World Cup Qatar Details. N.p., n.d. Web. 08 May 2013.
<http://www.worldcuptimetable.co.uk/2022-world-cup-qatar.htm>.
25. people how built the buildings themselves were neither paid and often
beaten if they tried to quit.”44
ILO Campaign – Suggestions
1) Join the FIFA anti-discrimination task force to work together to prepare for 2022 World
Cup in Qatar.
2) Continue to study and research the major issues that currently exist within Qatar and work
to settle each of them involving discrimination and gender inequality
3) Collaborate with FIFA to promote the ILO’s mission and allow FIFA to act as an
example for the millions of viewers watching the World Cup, as well as the players
participating in the game (Unfortunately racism is still seen among both the players as
well as the fans)
4) In addition to the FIFA campaign for the actual game to spread awareness, focus on the
issues in Qatar and use this universal event to our advantage.
5) T-shirts worn by all teams during pre-game warm-ups/ before the start of each match in
the qualifying stages of the World Cup in 2022
a. Let the professional players, coaches, and managers act as an example for not
only the children who watch the games but for the adults as well (both those who
watch in their home countries on the television and those who sit in the stands
and watch the game live)
Front Back
Shootout Racism Score
ILO for
ALL
In addition to these assignments given whenever needed, a discussion was held
between me and my supervisor about a project meant to be worked on for the entire semester.
A general case study portfolio is to be created of various court cases as a supplement guide
along with the research, pamphlets, statistics, posters etc. that are included in packets for anti-
discrimination campaigns. These summaries are to exemplify the fair practices that countries,
similar to those who continue to struggle with workers’ rights, have implemented and have
done something positive in terms of racial discrimination and pay inequality. The sources I
have been utilizing range from the Equal Employment Opportunity Commission and South
44
Wall, Matthew. "Freezing Cold with a Side of Discrimination…Russia and Qatar Win World Cup Bids."
Soccer Prose. N.p., n.d. Web. 8 May 2013. <http://soccerprose.com/soccer-fans/freezing-cold-with-a-side-of-
discrimination-russia-and-qatar-win-world-cup-bids/>.
26. African Equality Court, to Equality Commission and European Court of Human Rights.
Provided are some of the summaries I have written:
United States
1) EEOC v. Jackson Park Hosp. & Med. Ctr., No. 11 C 04743 (N.D. Ill. July 14, 2011). –
July 2011
Case
This case involved the Equal Employment Opportunity Commission and the Jackson
Park Hospital and Medical Centre, located in Chicago’s south side, revolving around a Title
VII class race discrimination lawsuit. The EEOC claimed that the hospital discriminated
against a class of Black female employees in terms of different employment conditions such
as performing less desirable job functions for respiratory therapists like EKGs and
electrocardiograms, as well as segregation in job assignments due to their particular race. In
addition, it was alleged that in retaliation, at least one of the women working at the hospital
was demoted because she acted out with opposition and complaints about this unlawful
employment practice that was occurring in the workplace. The administrative investigation
found that several Black female medical technicians were subjected to carry out assignments
that were not required of their male Asian-Indian co-workers.45
Outcome
In order to settle the EEOC lawsuit for race discrimination and retaliation, the
Jackson Park Hospital and Medical Centre paid 80,000 dollars to the eleven victims. In
addition to the 80,000 dollar monetary relief, Jackson Hospital is prohibited to engage in any
further race or sex discrimination or retaliation in the future. They are also required by this
consent decree to:
• provide training for all employees within the workplace, also
including the supervisory employees that work in the
Cardiopulmonary Department of the hospital.
• Submit periodic reports about any type of complaint, especially
relating to sex and or race discrimination as well as retaliation to the
EEOC.
• Post a notice of the outcome of this lawsuit throughout the Jackson
Park Hospital in a variety of locations.46
Ireland
1) Racial harassment against a sales representative of South African origin(June 15,
2011)47
45
"Jackson
Park
Hospital
Sued
By
EEOC
For
Race
Discrimination
And
Retaliation."
Jackson
Park
Hospital
Sued
By
EEOC
For
Race
Discrimination
And
Retaliation.
Press
Release,
14
July
2011.
Web.
06
Mar.
2013.
46
"Jackson
Park
Hospital
To
Pay
$80,000
To
Settle
EEOC
Lawsuit
For
Race
And
Sex
Discrimination
And
Retaliation."
Jackson
Park
Hospital
To
Pay
$80,000
To
Settle
EEOC
Lawsuit
For
Race
And
Sex
Discrimination
And
Retaliation.
EEOC
Press
Release,
21
Nov.
2011.
Web.
06
Mar.
2013.
47
"Ireland
-‐
NEWS
REPORT
-‐
Racial
harassment
against
a
sales
representative
of
South
African
origin."
European
network
of
legal
experts
in
the
non-‐discrimination
field.
N.p.,
n.d.
Web.
21
Mar.
2013.
<www.non-‐
discrimination.net/content/media/IE-‐30-‐
%E2%82%AC15,000%20awarded%20for%20harassment%20and%20lack%20of%20promotion%20on%20ground
s%20of%20race%20discrim.pdf>.
27. Case
This case focuses on racial harassment in employment and access to promotion located in
Ireland. The complainant was hired as a Residential Sale Representative going door-to door in
order to make sales. He argues that he was subjected to constant verbal harassment due to his
race by not only a co-worker, but also the Regional Sales Manager and was denied a
promotion within the company. Within the investigation of this case, the Equality office did
not find that it was objective and impartial, but rather it was apparent that the company was
flat out trying to prove the complainant wrong. In terms of the promotion issue, during the
case hearing when the Equality Officer posed the question relating to the variety of
nationalities of the field sale representatives and those promoted to “Team Coach” “Team
Leader” or “Regional Sales Manager,” 85% to 90% of approximately 300 Field Sales
Representatives were foreign nationals. Since 2007, there have been 19 promotions to team
leader - 16 of them were Irish, 1 was South African, 1 was Australian, and 1 was British.
Despite the foreign nationals making up 85%-90% of field sale representatives, only 16% of
non-Irish nationals received a promotion above that employment level. In relation to the
length of service before promotion, the shortest time period was 7.23 months while the
longest was 54.6 months; the complainant worked for 48 months before taking a sick leave
due to the effects from the harassment he suffered. Promotional vacancies within the
company were filled without the complainant being advised on it. It was clear that he was
unable to receive a promotion in the same manner as an Irish national.
Outcome
The Equality office, based off of the complainant’s evidence and arguments, as well as the
respondent’s inability to rebut them, awarded:
• €5,000 for the effects of harassment
• €10,000 for the effects of discrimination regarding access to
promotion.
In addition to the research and work I perform at my desk and in my office on the fifth
floor. I decided to join the intern-board at the beginning of my internship along with the other
Cornell students. Due to my family background and education in Industrial Labour relations,
I became interested in the intern-board because it was the only way other interns within the
ILO can be represented with a voice. Numerous positions such as social chair, small talks
officer, sports officer, Webmaster etc. all became available. However, what interested me the
most and the one I believe to be the most relevant to what is to be my future career choice
was the union/ HR representative officer for the interns. Growing up in a strong minded
union family beginning with my great-grandfather, Harry VanArsdale Jr, and continuing with
the success through my dad I jumped on this opportunity to learn and experience the
responsibility and duties that come with this type of position on a first hand experience. In
28. addition to working as the union officer with two of my other colleagues, I was the Human
Resource officer as well who would meet with HR once a month and discuss various issues
affecting the interboard. The responsibilities of these two positions entailed acting as a liaison
between the HRD and the Union to the intern-board, serve as the intern representative in
communications with HRD and the Union, ensure that progress in achieving gains with the
union is fluid and continues despite the transient nature of the board, and to coordinate with
the Union and HR officer to strengthen the position of interns. An additional responsibility
dealing solely with the Union is to work with them to secure gains regarding stipend, living
and working conditions, and overall experience for the intern body as a whole. On the other
hand, the additional responsibility for HRD is to communicate with them on various issues
not only relating to the stipend, health insurance, and travel cost issues, but also other issues
such as the small talk events, language and learning classes, etc. Working in both positions
for my three months time spent at the ILO was a learning and working expierence within
itself, aside from my actual internship at the ILO, that I will never forget. The things I have
learned from working in these positions acted as a foundation and I hope to improve
throughout my future career.
Overall, my experience at the ILO will be an unforgettable one. In my opinion, given
the opportunity to intern at such a dynamic and global organization, I have gained both
valuable work and learning experience along the way. I am able to truthfully say that I have
accomplished all of my goals I have set before embarking on this journey and much more
from the people I have met from various parts of the world to the hands on experience
relating to union and human resource issues affecting all of the interns at the ILO to the
learning and working experience I have been involved in throughout my research, analysis,
and suggestions on the various assignments I have worked on. It is a unique and
extraordinary opportunity to work so closely with people who are as passionate as myself and
29. have many years of expierence that I have learned valuable lessons, skills, and confidence
that I will always carry with me into my future endeavours while always referencing worker’s
rights as human rights in hopes of eliminating discrimination worldwide.