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TRAINING ON BASIC HUMAN RIGHTS IN THE WORKPLACE , Lusaka, 24th January, 2003

TRAINING ON BASIC HUMAN RIGHTS IN THE WORKPLACE , Lusaka, 24th January, 2003. The (ILO) Gender Perspective By J.Amri-Makhetha Senior Gender Specialist for Anglophone sub-Sahara Africa SAMAT, Harare. Objective of presentation.

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TRAINING ON BASIC HUMAN RIGHTS IN THE WORKPLACE , Lusaka, 24th January, 2003

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  1. TRAINING ON BASIC HUMAN RIGHTS IN THE WORKPLACE , Lusaka, 24th January, 2003 The (ILO) Gender Perspective By J.Amri-Makhetha Senior Gender Specialist for Anglophone sub-Sahara Africa SAMAT, Harare

  2. Objective of presentation • Sensitizing participants on pertinent gender issues in Human Rights from the ILO perspective • provoking debate on (ILO) gender dimensions of Human Rights and learning about the status in Zambia.

  3. Introduction • Some progress achieved in promotion of equal rights for women and men but the gap between law and practice persists • e.g women remain more vulnerable areas of employment • Promotion of women’s rights reflected in Social Summit (Copenhagen 1995) and one of the critical areas of concern of the Platform of Action of the Beijing Conference 1995

  4. Gender equality in the ILO • The primary goal of the ILO today is to promote opportunities for all women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity • Gender equality is at the core of ILO’s mandate • ILO promotes gender equality at work, in the community and in the home

  5. ILO Approach to gender equality • Gender equality is a matter of • fundamental human rights • social justice • sustainable development • ILO means of action includes: • International labour conventions and recommendations • technical cooperation

  6. What is gender equality • Gender equality refers to the equal rights, responsibilities, and opportunities of women and men. It is not just a “women’s issue”, it concerns men as well. Equality does not mean that women and men will become the same, but that women’s and men’s rights, responsibilities and opportunities will not depend on whether they are born male or female.

  7. Why equality of opportunity and treatment • Increasing number of women in paid employment, but • social, economic and cultural constraints facing women • multiple roles of women • concentration of women in a limited range of occupations and professions • concentration of women in low-paying precarious employment

  8. Selected gender concepts • Gender refers to social differences between men and women which are learned and changeable; • Sex is a biologically determined difference between men and women.

  9. Gender analysis: A prerequisite • gender analysis is a fundamental tool in understanding and acting on discrimination in employment and occupation based on sex including complexity of gender differentials in labour market participation • identifying different roles and needs of men and women for promotion of equality of opportunity and treatment

  10. Gender analysis: A prerequisite • gender analysis requires the identification of: • division of labour btn men and women • access to, and control over resources • needs of men and women • constraints and opportunities • institutional capacity to promote equality between men and women

  11. Mainstreaming Gender -is the means • Transforming unequal social and institutional structures into equal and just structures • Gender mainstreaming is the key strategy for attainment of equality between men and women in employment and occupation

  12. Affirmative action -is a means • Positive or affirmative action is applied to correct the disadvantaged position of women • to complement (and render practice to) the anti-discrimination laws • encourage equal treatment and opportunity for all • The ultimate goal is a partnership of equals

  13. Gender Equality anchored in ILO Constitution • ILO founded (1919) upon three basic ideals: • promotion of peace through social justice • recognition of tripartism and collective solutions • competitiveness should not be gained based on sub-standard working conditions

  14. Gender Equality anchored in ILO Constitution • Preamble includes protection of women as a priority to development • Preamble affirms the principle of equal pay

  15. Gender Equality in ILO Declarations • 1944 Declaration of Philadelphia, lays down the basis for the recognition of equal opportunity. • All human beings, irrespective of race, creed or sex, have the right to pursue their material wellbeing and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity

  16. Declaration on fundamental principles and rights at work • marked a renewed universal commitment to respect, promote and realize fundamental principles and rights at work on: • freedom of association and collective bargaining • elimination of all forms of forced/compulsory labour • abolition of child labour • elimination of discrimination in employment and occupation

  17. Gender in fundamental principles and rights at work • Increased legislation enactment to comply with ILS but gap between de jure and de facto situation persists. • Promotion of supporting ILS to gain visibility and exert pressure • Equal access to productive resources • Integrating gender issues into the follow up process of the Declaration.

  18. Gender reflected in Fundamental Principles • All Conventions under the Declaration have gender considerations. Two of the Conventions are specific: • Equal Remuneration Convention, 1951 (No.100) • Discrimination (Employment and Occupation) Convention, 1958 (No.111)

  19. Discrimination (Employ & Occ.) C111, 1958 • Discrimination: Any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin, or any other motive determined by the State concerned, which nullifies or impairs equality of opportunity or treatment in employment or occupation

  20. Discrimination (Employ & Occ.) C111, 1958 • Covers: access to vocational training, employment and to particular occupations, as well as terms and conditions of employment • Calls for commensurate national policy and national laws and practice

  21. Equal Remuneration C100, 1951 • Promotion and application to all workers, of the principle of equal remuneration for men and women for work of equal value • Applies to basic wages/salaries, any additional emoluments, payable directly or indirectly, in cash or in kind by the employer to the worker

  22. ILS on gender equality • a means of action to improve conditions of life and work • protects women and men workers • promote equality in opportunity and treatment at work

  23. Protective standards • Minimum standards concerning: • Maternity leave/protection (Maternity Protection C.183, 2000 ) • night work for women in industry • underground work • OSH Conventions

  24. Equality in employment standards • Equal remuneration for work of equal value regardless of sex • non-discrimination in access to voctrain, access to employment and terms and conditions of employment • workers with family responsibility (Workers with Family Responsibilities C.156, 1981)

  25. Equal treatment • Full and part-time workers through the part-time and home work Conventions (Part-time work C.175, 1994 and Home work C.177, 1996) • worst forms of child labour (Worst Forms of Child Labour C.182, 1999) considers special situation of girls

  26. Workers with Family Responsibilities C.156, 1981 • Aims to create equality of opportunity and treatment for female and male workers with family responsibilities • calls for national policy to enable men and women workers to engage in employment without being subject to discrimination, and without conflict between their employment and family responsibilities

  27. Workers with Family Responsibilities C.156, 1981 • calls for appropriate measures in development of services such as child-care and family services and facilities, and organizing vocational guidance and training • stipulates that family responsibilities alone are not a valid reason for a person to lose his or her job

  28. The challenge: • understanding general and specific gender perspectives • analyze economic and social roles • identify forces leading to inequality • address de jure and de facto inequality

  29. In Conclusion • Formulation, implementation and monitoring of Human Rights at all levels must consider the gender perspectives in order for substantive equality to occur • This includes the follow up to the Declaration; reporting in accordance with Art 22 of the ILO Constitution; ratification campaign; national legislation and enforcement. • Availability and gender analysis of data is crucial in these processes

  30. Recommendation • All those involved with the implementation of Human Rights at all levels must have the capacity to apply gender analysis. • In this regard, gender training should form part of all the important processes at all levels of implementation.

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