ILO Convention No. 190: The struggle continues

Image courtesy: Wedabima Lanka 

By Sharanya Sekaram

On 21 November 2019 in June, the International Labour Conference voted overwhelmingly to adopt a new Convention and Recommendation to end violence and harassment in the world of work. 

The new Convention No. 190 represents an extraordinary opportunity for unions to move their fight against gender-based violence forward and sets out 12 clauses that relate to the protection and well-being of workers. 

Violence and harassment in the world of work can happen everywhere – online, in the physical workplace, during the commute, where workers rest, eat or attend to their health and sanitation need, as well as at social gatherings. Studies and analysis have long shown that harassment in the workplace has detrimental effects on employees’ ability to focus, as well as their emotional and mental wellbeing. 

Why is C190 important? This is the first international standard that aims to put an end to violence and harassment in the world of work, it recognises that everyone has the right to a world of work free from violence and harassment. Importantly if ratified the Convention will also cover existing gaps in national legislation. C190 has provided a momentum for trade unions and other stakeholders to fight violence and harassment in the world of work and ensure it becomes a part of national laws. 

The Convention provides a broad definition of what “violence and harassment in the world of work” means and where it can take place, and says that everyone in the world of work has the right to be free from violence and harassment, including gender-based violence.

The treaty recognises that violence and harassment go beyond just the physical workplace. “Many workers face violence not only in the four walls of an office or factory, but on their commutes to work, at social events, or while dealing with customers or other third parties,” experts have said.

The Convention requires governments to take measures to prevent and protect people from violence and harassment, and to provide enforcement mechanisms and remedies for victims, including compensation. These include adopting legal prohibitions of violence and harassment at work, and ensuring effective inspections, investigations, and protection from retaliation. 

Governments should require employers to have workplace policies addressing violence and harassment, appropriate risk assessments, prevention measures, and training. Employers should address violence and harassment in their occupational safety and health management. 

The Convention also recognises that vulnerable groups may be disproportionately affected by violence and harassment at work, and calls for states to ensure the right to equality and non-discrimination in employment and occupation. States will also be required to identify high-risk sectors or occupations and take measures to effectively protect those workers.

“This ground-breaking Convention can change lives,” said Head of UNI Equal Opportunities (one of the largest global unions lobbying for this action) Verónica Fernández Méndez. “This is the first time in history that an international legal instrument protects workers from all forms of harassment and violence on the job.”

The National Union of Seafarers Sri Lanka (NUSS) is among the Sri Lankan unions who are leading the call for the State to ratify C190. In December 2019 a ‘Gap Analysis’ report was launched that highlighted the disparity between the current laws and the standards proposed by C190. A number of seminars and knowledge sharing discussions have also been held to educated groups about C190 including the participation of trade unions, civil society organisations, women’s rights groups and NGO’s. 

Sources working on the campaign to push the State to ratify C190 say that concerns have been expressed by the Employers Federation of Ceylon (EFC). EFC was established in 1929 as an organisation of employers dealing with labour and social issues in Sri Lanka. It is today the principal organisation of employers, promoting employer interests at national level, especially focusing on industrial relations and labour law. 

They have expressed concern that the Convention includes volunteers and applicants in who requires protection. This is deeply concerning as the suggestion is those who engage with organisations outside of the strict definition of ‘employee’ will remain vulnerable, and these are often those who have the least legal rights and are most susceptible to harassment. One must ask if we are looking only to check the box as opposed to an honest and through look into our labour practices as a whole. 

Further to this the EFC have also expressed disagreement that accommodation and transport provided by the employer should not be included as potential places of harassment. 

Given that one of our largest employers is the garment sector where many people are given accommodation this is unacceptable. One must look beyond the profit-driven lens of protection. If we feel we must provide transport and accommodation for employees because it benefits our business, then we must be willing to afford them protection and a harassment free existence in these spaces as well. 

Violence in the workplace and indeed in general can and does go far beyond physical abuse. It can take the form of sexual harassment, verbal abuse, bullying, mobbing, threats and stalking, single as well as repeated acts. 

Lack of resources denied access to services and other deprivations of liberty also constitute forms of violence. It is vital we think of human beings and their dignity, safety and humanity as priorities and not simply what is good for business. 

For example, C190 also addresses domestic violence. Although we tend to understand domestic violence as a private issue, it can affect health and safety and employment productivity. Workers subjected to domestic violence can be threatened at work and colleagues may witnesses the violence. 

Employers have a duty of care, and could provide paid leave, help with contacts to support organisations, grant flexible hours, etc. A victim of domestic violence should not have to choose between her safety and her job.

Governments that ratify the treaty will be required to develop national laws prohibiting workplace violence and to take preventive measures, such as information campaigns and requiring companies to have workplace policies on violence. 

The treaty also obligates governments to monitor the issue and provide access to remedies through complaint mechanisms, witness protection measures, and victim services, and to provide measures to protect victims and whistleblowers from retaliation.