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The
International Labour Organisation (ILO) is the
tripartite UN agency that brings together governments,
employers and workers of its member states in common
action to promote decent work throughout the world. The
ILO Constitution establishes the role and functions
of the secretariat, the International Labour Conference
and the Governing Body, as well as the procedure for
adopting conventions and resolutions under the ILO
system.
The principle of non-discrimination is a core labour
standard which is established in
ILO Convention 111 on Discrimination (Employment and
Occupation) from 1958. The definition of
discrimination, which is defined in article 1.1,
includes "any distinction,
exclusion or preference made on the basis of race,
colour, sex, religion, political opinion, national
extraction or social origin, which has the effect of
nullifying or impairing equality of opportunity or
treatment in employment or occupation." Previous cases
and communications in the ILO system have illustrated that the ILO regards
caste-based discrimination as falling under the category
"social origin".
In 1998 Member States signed a
Declaration on the Fundamental Principles and Rights at
Work which recalled the four core labour standards:
(a) freedom of association and the
effective recognition of the right to collective
bargaining; (b) the elimination of all forms of forced
or compulsory labour; (c) the effective abolition of
child labour; and (d) the elimination of discrimination
in respect of employment and occupation. It further
established that to give full effect to the Declaration
a promotional follow-up should be implemented, including
the drafting of annual global reports on one of the four
categories of fundamental principles and rights in turn.
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International
labour rights and caste-based discrimination |
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Global Report 2007: Equality at Work
The Global Report 2007 was the second report on the
principle of non-discrimination called
"Equality at Work: Tackling the Challenges". In para.
130-136 (page 35-37) the report contains a section
describing how caste-based discrimination has a negative
impact on the realisation of equality at work in Africa,
Asia and the Middle East and particularly in South Asia.
The report explains in great details that although
abolished by law, the practise of "untouchability"
remains a dominant factor in defining economic and
social status of Dalits in India and Nepal.
An annex to the global report called
Discrimination at Work in Asia summarises the
findings of the global report concerning caste-based
discrimination as a persistent form of discrimination
which prevails in South Asia (page 1-2). The report
states that "[...] this form confines Dalits to
occupations often involving the most menial tasks such
as "manual scavenging" or the removal of dead animals.
Dalits are generally not accepted for any work involving
contact with water or food for non-Dalits or entering a
non-Dalit residence. They are thus excluded from a wide
range of work opportunities in the area of production,
processing or sale of food items, domestic work and the
provision of certain services in the private and public
sectors (e.g. office helpers)." |
Specific ILO recommendations
concerning caste-based discrimination
At the 96th session of
the International Labour Conference in June 2007, caste-based
discrimination was discussed broadly both as a follow-up
on the findings in the global report 2007 and in
relation to member states' obligations contained in ILO Convention
111. The International
Labour Conference is held every year in Geneva,
Switzerland, where Member States of the ILO meet to draft and adopt international
labour standards in the form of Conventions and
Recommendations; supervise the application of
Conventions and Recommendations at the national level;
and examine the Global Report prepared by the Office
under the follow-up procedure required by the
Declaration on Fundamental Principles and Rights at Work
(1998).
At the conference,
the Committee of Experts on the Application of
Conventions and Recommendations, which is a
subsidiary body appointed by the Governing Body, issued
a general report and observations concerning particular
countries. Below is a link to the reports and an outline
of the relevant references to caste-based discrimination
in the reports.
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Report III (part I A) of the Committee on
Experts on the Application of Conventions and
Recommendations: In the report, which is submitted
prior to the International Labour Conference, the
Committee of Experts examines the case of the
Government of India and its obligations under ILO
Convention 111 (from page 292). The Committee urges
the Government to 1) reply to a communication
concerning the widespread discrimination against
Dalits raised by a workers' organisation, and 2)
provide information on the specific action taken on
discrimination based on social origin (caste-based
discrimination).
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Provisional record (part II) of the discussions
concerning the Application of Conventions and
Recommendations: The report is a follow-up on report
III (part I A), and it summarises the statements
made by representatives of the tri-partite system
concerning the countries of concern. In relation to
ILO Convention 111 two caste-affected countries were
examined; Bangladesh (p. 73-76) and India (p.
76-81). In the case of India, the delegates from
India and other countries discussed in-depth the
Government's duty to fulfill its obligations
concerning discrimination based on social origin
(i.e. caste). In conclusion, the Committee of
Experts made a general comment urging the Government
to take "continuing, decisive and effective action
to promote and ensure equal treatment and equal
opportunities." In the case of Bangladesh,
caste-based discrimination was not mentioned as a
determining factor in ensuring equal opportunities
of employment.
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Discussion of the Global Report 2007: This
report summarises the interactive dialogue between
representatives of governments, employers' and
workers' organisations and their responses to the
findings in the Global Report, where caste-based
discrimination in South Asia was mentioned several
times. In the discussion, representatives of the
Indian Government, workers' and employers'
organisation took the floor to comment on the
specific references made to the prevailing forms of
discrimination in India.
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Previous ILO studies:
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