Malaysian government not concerned about violence and harassment at the work place - the Government abstained? [439 voted for Convention; 7 voted against(including MTUC and Malaysians Employers Federation), 30 abstained(including government of Malaysia)
MTUC(the representative of workers) embarrassingly voted against the ILO Convention on Violence and Harrassment at the workplace - it was only worker/employee representative that voted against - all 6 others were employer representatives from other countries including Malaysia. Even Singapore's worker representaive supported the Convention..
WHY DID MTUC VOTE AGAINST?
MTUC president Datuk Abdul Halim Mansor said it wanted to remain consistent with the country’s stance of not recognising LGBT.
Because they thought there was reference to LGBT in the Convcention, and so in line with Malaysian government's position on LGBT, they voted AGAINST - even government only abstained. If you look at the text of the Convention below, there was no mention of LGBT at all...[MTUC delegation included the President and 6 others - did they go there for a holiday that they did not carefully read the Convention before voting AGAINST?, I wonder]
And should not MTUC, representing workers vote in the best interest of workers - Not just vote because they did not want to go against Malaysian government's position? Is MTUC PRO-GOVERNMENT?
So, MTUC is OK if male workers are being sexually harassed by male supervisors/manages/etc..so, is it OK for superiors or other workers unnecessarily fondle the body or body parts of other workers? Is it OK for women superiors/workers harass other women? To limit sexual harassment to just men harassing women, or women harassing men is simply narrow - we should be against all forms of sexual harassment be it by action or words at the workplace?
So, MTUC is OK if male workers are being sexually harassed by male supervisors/manages/etc..so, is it OK for superiors or other workers unnecessarily fondle the body or body parts of other workers? Is it OK for women superiors/workers harass other women? To limit sexual harassment to just men harassing women, or women harassing men is simply narrow - we should be against all forms of sexual harassment be it by action or words at the workplace?
Now, embarrassingly back in Malaysia, MTUC changed its position - now supporting the Convention - but too late because the VOTE was taken and recorded already...{Maybe MTUC can insist on a footnote somewhere in the ILO official document indicating the change of position}
WHY DID THE PAKATAN HARAPAN GOVERNMENT ABSTAIN? Do they not want to stop harassment and violence at the workplace...or they are simply not bothered??? Most disappointing ...
"...The government took a neutral stand on the ILO Convention on Sexual Harassment and Violence because it did not wish to be in conflict with its stakeholders. Human Resources Minister M Kulasegaran also pointed to a similar stance by Singapore when explaining the heavily criticised decision by the Malaysian government to abstain from voting on it with the MTUC and the MEF voting to reject the clause...'
The government should make its own stand - take its own position, irrespective of how MTUC or the Employers rep votes...certainly irrespective of how Singapore government votes...
THE U-TURN
YES, MTUC has made a U-turn and the government may also be changing its mind...But remember it was the MTUC President who voted then...Misconception he says no...or was it simply a failure to read the proposed Convention before voting...
Should MTUC continue to represent Malaysian Workers at the ILO or even in discussions with the Government of Malaysia?
Only about 30% of all trade unions in Malaysia are members/affiliates of MTUC - and even when trade unions apply to join MTUC, their application is rejected ...the case of NUFAM(National Union of Flight Attendants) as an example, who application to be part of MTUC has been rejected or still not approved. [Likewise may be the case with some unions - who do not seek or let in any new members simply to make sure that the leaders of their unions stay in power...and looking at many trade unions, it is odd that the same leaders have stayed in power for many many years ...decades..WHY?]
Why is MTUC not wanting to admit more union members? Well, it could be that the ones in power now want to remain in power as President and leaders in MTUC - an admission of more Trade Union members may change the 'status quo'...hopefully that is not the reason
Did MTUC consult other trade unions and workers without trade unions before they speak on behalf of workers? Well, we have not heard of any such consultations....so, this means that trade unions, not members of MTUC, and other workers who are not unionized(which makes about 93% of all workers in Malaysia) simply do not have a say in what workers want...
MTUC's secrecy about what it says or demands at meetings with the government ...no report in MTUC Website. Likewise, even memorandums or written demands are not on the MTUC website - WHY? So, now workers and future workers need worry that their 'Worker Representative' may not be defending or promoting worker rights..
MTUC's members are trade unions - so, are they raising issues and concerns of the other non-unionised workers - which is about 93% of workers in Malaysia?
MTUC's member unions members most of them are long-time workers who have REGULAR EMPLOYMENT - employment until retirement age...BUT alas today most workers are 'short-term contract workers' or 'Out-sourced workers'(employees of Contractor For Labour who work at factories of another owner...)
Many many questions ...and one wonders whether the unionist and trade unions may also be GUILTY of 'union busting' or the prevention of a rise in the number of unionized workers and trade unions? The One Union One Workplace/Sector/Industry policy must go - and there must be more union law reforms...
See related posts:
THE U-TURN
YES, MTUC has made a U-turn and the government may also be changing its mind...But remember it was the MTUC President who voted then...Misconception he says no...or was it simply a failure to read the proposed Convention before voting...
But the damage has been done in the eyes of the global community, and this is not the first questions that have been raised about MTUC - a few days ago the Ministry alleged that it was MTUC that resisted changes that will enable a real freedom of association - see earlier post?“We admit that there were certain misconceptions that led the MTUC to vote against the C190.
“At this point, it is better for me and MTUC leadership not to elaborate on the misunderstanding,” he[ Malaysian Trades Union Congress (MTUC) president Datuk Abdul Halim Mansor] said in a statement.
He said the MTUC welcomed the announcement of the Minister of Human Resources, M. Kula Segaran last Thursday that the government could support the certification in the convention.
MTUC 'derhaka' pada pekerja?Atau Kementerian tak cakap benar? Hak berkesatuan penting untuk pekerja Malaysia
Should MTUC continue to represent Malaysian Workers at the ILO or even in discussions with the Government of Malaysia?
Only about 30% of all trade unions in Malaysia are members/affiliates of MTUC - and even when trade unions apply to join MTUC, their application is rejected ...the case of NUFAM(National Union of Flight Attendants) as an example, who application to be part of MTUC has been rejected or still not approved. [Likewise may be the case with some unions - who do not seek or let in any new members simply to make sure that the leaders of their unions stay in power...and looking at many trade unions, it is odd that the same leaders have stayed in power for many many years ...decades..WHY?]
Why is MTUC not wanting to admit more union members? Well, it could be that the ones in power now want to remain in power as President and leaders in MTUC - an admission of more Trade Union members may change the 'status quo'...hopefully that is not the reason
Did MTUC consult other trade unions and workers without trade unions before they speak on behalf of workers? Well, we have not heard of any such consultations....so, this means that trade unions, not members of MTUC, and other workers who are not unionized(which makes about 93% of all workers in Malaysia) simply do not have a say in what workers want...
MTUC's secrecy about what it says or demands at meetings with the government ...no report in MTUC Website. Likewise, even memorandums or written demands are not on the MTUC website - WHY? So, now workers and future workers need worry that their 'Worker Representative' may not be defending or promoting worker rights..
MTUC's members are trade unions - so, are they raising issues and concerns of the other non-unionised workers - which is about 93% of workers in Malaysia?
MTUC's member unions members most of them are long-time workers who have REGULAR EMPLOYMENT - employment until retirement age...BUT alas today most workers are 'short-term contract workers' or 'Out-sourced workers'(employees of Contractor For Labour who work at factories of another owner...)
Many many questions ...and one wonders whether the unionist and trade unions may also be GUILTY of 'union busting' or the prevention of a rise in the number of unionized workers and trade unions? The One Union One Workplace/Sector/Industry policy must go - and there must be more union law reforms...
See related posts:
Worker Rights - What MTUC is asking for is MINIMAL when other major demands ignored?
Adakah kerajaan PH menjaga kepentingan pekerja dan hak berkesatuan? Atau tidak peduli? Tidak prihatin?
International
Labour Conference
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7A
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Provisional Record
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108th Session, Geneva, June 2019
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Date: Thursday, 20 June 2019
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Fifth item on the agenda: Violence and harassment in the
world of work
Reports of the Standard-Setting Committee on Violence and
Harassment in the World of Work: Instruments submitted for adoption by the
Conference
1. This report contains the text of the instruments and the
resolution submitted by the Standard-Setting Committee on Violence and
Harassment in the World of Work for adoption by the Conference:
A. Convention concerning the elimination of violence and
harassment in the world of work.
B. Recommendation concerning the elimination of violence and harassment in the world of work.
C. Resolution concerning the elimination of violence and harassment in the world of work.
2. If adopted by the Conference, the Convention and the Recommendation will be the subject of a final record vote of the Conference in accordance with article 19(2) of the Constitution of the ILO.
3. The report of the Committee on its proceedings, as approved by the Officers of the Committee on behalf of the Committee, will be published on the Conference website in Provisional Record No. 7B after the closure of the session. Committee members will have the possibility to submit corrections to their own statements appearing in the report until 5 July 2019.
A. TEXT OF THE CONVENTION CONCERNING THE ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its 108th (Centenary) Session on
10 June 2019, and
Recalling that the Declaration of Philadelphia affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and
Reaffirming the relevance of the fundamental Conventions of the International Labour Organization, and
Recalling other relevant international instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the Convention on the Rights of Persons with Disabilities, and
Recognizing the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment, and
Recognizing that violence and harassment in the world of work can constitute a human rights violation or abuse, and that violence and harassment is a threat to equal opportunities, is unacceptable and incompatible with decent work, and
Recognizing the importance of a work culture based on mutual respect and dignity of the human being to prevent violence and harassment, and
Recalling that Members have an important responsibility to promote a general environment of zero tolerance to violence and harassment in order to facilitate the prevention of such behaviours and practices, and that all actors in the world of work must refrain from, prevent and address violence and harassment, and
Acknowledging that violence and harassment in the world of work affects a person’s psychological, physical and sexual health, dignity, and family and social environment, and
Recognizing that violence and harassment also affects the
quality of public and private services, and may prevent persons, particularly
women, from accessing, and remaining and advancing in the labour market, and
Noting that violence and harassment is incompatible with the
promotion of sustainable enterprises and impacts negatively on the organization
of work, workplace relations, worker engagement, enterprise reputation, and
productivity, and
Acknowledging that gender-based violence and harassment disproportionately affects women and girls, and recognizing that an inclusive, integrated and gender-responsive approach, which tackles underlying causes and risk factors, including gender stereotypes, multiple and intersecting forms of discrimination, and unequal gender-based power relations, is essential to ending violence and harassment in the world of work, and
Noting that domestic violence can affect employment, productivity and health and safety, and that governments, employers’ and workers’ organizations and labour market institutions can help, as part of other measures, to recognize, respond to and address the impacts of domestic violence, and
Having decided upon the adoption of certain proposals concerning violence and harassment in the world of work, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this … day of June of the year two thousand and
nineteen the following Convention, which may be cited as the Violence and
Harassment Convention, 2019:
I. DEFINITIONS
Article 1
1. For the purposes of this Convention:
(a) the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment;
(b) the term “gender-based violence and harassment” means
violence and harassment directed at persons because of their sex or gender, or
affecting persons of a particular sex or gender disproportionately, and
includes sexual harassment.
2. Without prejudice to subparagraphs (a) and (b) of paragraph 1 of this Article, definitions in national laws and regulations may provide for a single concept or separate concepts.
II. SCOPE
Article 2
1. This Convention protects workers and other persons in the world of work, including employees as defined by national law and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, jobseekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.
2. This Convention applies to all sectors, whether private or public, both in the formal and informal economy, and whether in urban or rural areas.
Article 3
This Convention applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work:
(a) in the workplace, including public and private spaces where they are a place of work;
(b) in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities;
(c) during work-related trips, travel, training, events or social activities;
(d) through work-related communications, including those enabled by information and communication technologies;
(e) in employer-provided accommodation; and
(f) when commuting to and from work.
III. CORE PRINCIPLES
Article 4
1. Each Member which ratifies this Convention shall respect, promote and realize the right of everyone to a world of work free from violence and harassment.
2. Each Member shall adopt, in accordance with national law and circumstances and in consultation with representative employers’ and workers’ organizations, an inclusive, integrated and gender-responsive approach for the prevention and elimination of violence and harassment in the world of work. Such an approach should take into account violence and harassment involving third parties, where applicable, and includes:
(a) prohibiting in law violence and harassment;
(b) ensuring that relevant policies address violence and harassment;
(c) adopting a comprehensive strategy in order to implement measures to prevent and combat violence and harassment;
(d) establishing or strengthening enforcement and monitoring mechanisms;
(e) ensuring access to remedies and support for victims;
(f) providing for sanctions;
(g) developing tools, guidance, education and training, and raising awareness, in accessible formats as appropriate; and
(h) ensuring effective means of inspection and investigation of cases of violence and harassment, including through labour inspectorates or other competent bodies.
3. In adopting and implementing the approach referred to in paragraph 2 of this Article, each Member shall recognize the different and complementary roles and functions of governments, and employers and workers and their respective organizations, taking into account the varying nature and extent of their respective responsibilities.
Article 5
With a view to preventing and eliminating violence and harassment in the world of work, each Member shall respect, promote and realize the fundamental principles and rights at work, namely freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour and the elimination of discrimination in respect of employment and occupation, as well as promote decent work.
Article 6
Each Member shall adopt laws, regulations and policies ensuring the right to equality and non-discrimination in employment and occupation, including for women workers, as well as for workers and other persons belonging to one or more vulnerable groups or groups in situations of vulnerability that are disproportionately affected by violence and harassment in the world of work.
IV. PROTECTION AND PREVENTION
Article 7
Without prejudice to and consistent with Article 1, each Member shall adopt laws and regulations to define and prohibit violence and harassment in the world of work, including gender-based violence and harassment.
Article 8
Each Member shall take appropriate measures to prevent violence and harassment in the world of work, including:
(a) recognizing the important role of public authorities in the case of informal economy workers;
(b) identifying, in consultation with the employers’ and workers’ organizations concerned and through other means, the sectors or occupations and work arrangements in which workers and other persons concerned are more exposed to violence and harassment; and
(c) taking measures to effectively protect such persons.
Article 9
Each Member shall adopt laws and regulations requiring employers to take appropriate steps commensurate with their degree of control to prevent violence and harassment in the world of work, including gender-based violence and harassment, and in particular, so far as is reasonably practicable, to:
(a) adopt and implement, in consultation with workers and their representatives, a workplace policy on violence and harassment;
(b) take into account violence and harassment and associated psychosocial risks in the management of occupational safety and health;
(c) identify hazards and assess the risks of violence and harassment, with the participation of workers and their representatives, and take measures to prevent and control them; and
(d) provide to workers and other persons concerned information and training, in accessible formats as appropriate, on the identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on the rights and responsibilities of workers and other persons concerned in relation to the policy referred to in subparagraph (a) of this Article.
V. ENFORCEMENT AND REMEDIES
Article 10
Each Member shall take appropriate measures to:
(a) monitor and enforce national laws and regulations regarding violence and harassment in the world of work;
(b) ensure easy access to appropriate and effective remedies and safe, fair and effective reporting and dispute resolution mechanisms and procedures in cases of violence and harassment in the world of work, such as:
(i) complaint and investigation procedures, as well as, where appropriate, dispute resolution mechanisms at the workplace level;
(ii) dispute resolution mechanisms external to the workplace;
(iii) courts or tribunals;
(iv) protection against victimization of or retaliation against complainants, victims, witnesses and whistle-blowers; and
(v) legal, social, medical and administrative support measures for complainants and victims;
(c) protect the privacy of those individuals involved and confidentiality, to the extent possible and as appropriate, and ensure that requirements for privacy and confidentiality are not misused;
(d) provide for sanctions, where appropriate, in cases of violence and harassment in the world of work;
(e) provide that victims of gender-based violence and harassment in the world of work have effective access to gender-responsive, safe and effective complaint and dispute resolution mechanisms, support, services and remedies;
(f) recognize the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work;
'(g) ensure that workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life, health or safety due to violence and harassment, without suffering retaliation or other undue consequences, and the duty to inform management; and
(h) ensure that labour inspectorates and other relevant authorities, as appropriate, are empowered to deal with violence and harassment in the world of work, including by issuing orders requiring measures with immediate executory force, and orders to stop work in cases of an imminent danger to life, health or safety, subject to any right of appeal to a judicial or administrative authority which may be provided by law.
VI. GUIDANCE, TRAINING AND AWARENESS-RAISING
Article 11
Each Member, in consultation with representative employers’ and workers’ organizations, shall seek to ensure that:
(a) violence and harassment in the world of work is addressed in relevant national policies, such as those concerning occupational safety and health, equality and non-discrimination, and migration;
(b) employers and workers and their organizations, and relevant authorities, are provided with guidance, resources, training or other tools, in accessible formats as appropriate, on violence and harassment in the world of work, including on gender-based violence and harassment; and
(c) initiatives, including awareness-raising campaigns, are undertaken.
VII. METHODS OF APPLICATION
Article 12
The provisions of this Convention shall be applied by means of national laws and regulations, as well as through collective agreements or other measures consistent with national practice, including by extending or adapting existing occupational safety and health measures to cover violence and harassment and developing specific measures where necessary.
VIII. FINAL PROVISIONS
Article 13
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 14
1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification is registered.
Article 15
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention within the first year of each new period of ten years under the terms provided for in this Article.
Article 16
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that have been communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second ratification that has been communicated, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention will come into force.
Article 17
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and denunciations that have been registered in accordance with the provisions of the preceding Articles.
Article 18
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 19
1. Should the Conference adopt a new Convention revising this Convention, then, unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 15 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 20
The English and French versions of the text of this Convention are equally authoritative.
B. TEXT OF THE RECOMMENDATION CONCERNING THE ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 108th (Centenary) Session on 10 June 2019, and
Having adopted the Violence and Harassment Convention, 2019,
and
Having decided upon the adoption of certain proposals concerning violence and harassment in the world of work, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Violence and Harassment Convention, 2019,
adopts this … day of June of the year two thousand and nineteen the following Recommendation, which may be cited as the Violence and Harassment Recommendation, 2019:
1. The provisions of this Recommendation supplement those of the Violence and Harassment Convention, 2019 (hereafter referred to as “the Convention”), and should be considered in conjunction with them.
I. CORE PRINCIPLES
2. In adopting and implementing the inclusive, integrated and gender-responsive approach referred to in Article 4, paragraph 2, of the Convention, Members should address violence and harassment in the world of work in labour and employment, occupational safety and health, equality and non-discrimination law, and in criminal law, where appropriate.
3. Members should ensure that all workers and employers, including those in sectors, occupations and work arrangements that are more exposed to violence and harassment, fully enjoy freedom of association and the effective recognition of the right to collective bargaining consistent with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
4. Members should take appropriate measures to:
(a) promote the effective recognition of the right to collective bargaining at all levels as a means of preventing and addressing violence and harassment and, to the extent possible, mitigating the impact of domestic violence in the world of work; and
(b) support such collective bargaining through the collection and dissemination of information on related trends and good practices regarding the negotiation process and the content of collective agreements.
5. Members should ensure that provisions on violence and harassment in national laws, regulations and policies take into account the equality and non-discrimination instruments of the International Labour Organization, including the Equal Remuneration Convention (No. 100) and Recommendation (No. 90), 1951, and the Discrimination (Employment and Occupation) Convention (No. 111) and Recommendation (No. 111), 1958, and other relevant instruments.
II. PROTECTION AND PREVENTION
6. Occupational safety and health provisions on violence and harassment in national laws, regulations and policies should take into account relevant occupational safety and health instruments of the International Labour Organization, such as the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).
7. Members should, as appropriate, specify in laws and regulations that workers and their representatives should take part in the design, implementation and monitoring of the workplace policy referred to in Article 9(a) of the Convention, and such policy should:
(a) state that violence and harassment will not be tolerated;
(b) establish violence and harassment prevention programmes with, if appropriate, measurable objectives;
(c) specify the rights and responsibilities of the workers and the employer;
(d) contain information on complaint and investigation procedures;
(e) provide that all internal and external communications related to incidents of violence and harassment will be duly considered, and acted upon as appropriate;
(f) specify the right to privacy of individuals and confidentiality, as referred to in Article 10(c) of the Convention, while balancing the right of workers to be made aware of all hazards; and
(g) include measures to protect complainants, victims, witnesses and whistle-blowers against victimization or retaliation.
8. The workplace risk assessment referred to in Article 9(c) of the Convention should take into account factors that increase the likelihood of violence and harassment, including psychosocial hazards and risks. Particular attention should be paid to the hazards and risks that:
(a) arise from working conditions and arrangements, work organization and human resource management, as appropriate;
(b) involve third parties such as clients, customers, service providers, users, patients and members of the public; and
(c) arise from discrimination, abuse of power relations, and gender, cultural and social norms that support violence and harassment.
9. Members should adopt appropriate measures for sectors or occupations and work arrangements in which exposure to violence and harassment may be more likely, such as night work, work in isolation, health, hospitality, social services, emergency services, domestic work, transport, education or entertainment.
10. Members should take legislative or other measures to protect migrant workers, particularly women migrant workers, regardless of migrant status, in origin, transit and destination countries as appropriate, from violence and harassment in the world of work.
11. In facilitating the transition from the informal to the formal economy, Members should provide resources and assistance for informal economy workers and employers, and their associations, to prevent and address violence and harassment in the informal economy.
12. Members should ensure that measures to prevent violence and harassment do not result in the restriction of the participation in specific jobs, sectors or occupations, or their exclusion therefrom, of women and the groups referred to in Article 6 of the Convention.
13. The reference to vulnerable groups and groups in situations of vulnerability in Article 6 of the Convention should be interpreted in accordance with applicable international labour standards and international instruments on human rights.
III. ENFORCEMENT, REMEDIES AND ASSISTANCE
14. The remedies referred to in Article 10(b) of the Convention could include:
(a) the right to resign with compensation;
(b) reinstatement;
(c) appropriate compensation for damages;
(d) orders requiring measures with immediate executory force to be taken to ensure that certain conduct is stopped or that policies or practices are changed; and
(e) legal fees and costs according to national law and practice.
15. Victims of violence and harassment in the world of work should have access to compensation in cases of psychosocial, physical or any other injury or illness which results in incapacity to work.
16. The complaint and dispute resolution mechanisms for gender-based violence and harassment referred to in Article 10(e) of the Convention should include measures such as:
(a) courts with expertise in cases of gender-based violence and harassment;
(b) timely and efficient processing;
(c) legal advice and assistance for complainants and victims;
(d) guides and other information resources available and accessible in the languages that are widely spoken in the country; and
(e) shifting of the burden of proof, as appropriate, in proceedings other than criminal proceedings.
17. The support, services and remedies for victims of gender-based violence and harassment referred to in Article 10(e) of the Convention should include measures such as:
(a) support to help victims re-enter the labour market;
(b) counselling and information services, in an accessible manner as appropriate;
(c) 24-hour hotlines;
(d) emergency services;
(e) medical care and treatment and psychological support;
(f) crisis centres, including shelters; and
(g) specialized police units or specially trained officers to support victims.
18. Appropriate measures to mitigate the impacts of domestic violence in the world of work referred to in Article 10(f) of the Convention could include:
(a) leave for victims of domestic violence;
(b) flexible work arrangements and protection for victims of domestic violence;
(c) temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences;
(d) the inclusion of domestic violence in workplace risk assessments;
(e) a referral system to public mitigation measures for domestic violence, where they exist; and
(f) awareness-raising about the effects of domestic violence.
19. Perpetrators of violence and harassment in the world of work should be held accountable and provided counselling or other measures, where appropriate, with a view to preventing the reoccurrence of violence and harassment, and facilitating their reintegration into work, where appropriate.
20. Labour inspectors and officials of other competent authorities, as appropriate, should undergo gender-responsive training with a view to identifying and addressing violence and harassment in the world of work, including psychosocial hazards and risks, gender-based violence and harassment, and discrimination against particular groups of workers.
21. The mandate of national bodies responsible for labour inspection, occupational safety and health, and equality and non-discrimination, including gender equality, should cover violence and harassment in the world of work.
22. Members should make efforts to collect and publish statistics on violence and harassment in the world of work disaggregated by sex, form of violence and harassment, and sector of economic activity, including with respect to the groups referred to in Article 6 of the Convention.
IV. GUIDANCE, TRAINING AND AWARENESS-RAISING
23. Members should fund, develop, implement and disseminate, as appropriate:
(a) programmes aimed at addressing factors that increase the likelihood of violence and harassment in the world of work, including discrimination, the abuse of power relations, and gender, cultural and social norms that support violence and harassment;
(b) gender-responsive guidelines and training programmes to assist judges, labour inspectors, police officers, prosecutors and other public officials in fulfilling their mandate regarding violence and harassment in the world of work, as well as to assist public and private employers and workers and their organizations in preventing and addressing violence and harassment in the world of work;
(c) model codes of practice and risk assessment tools on violence and harassment in the world of work, either general or sector-specific, taking into account the specific situations of workers and other persons belonging to the groups referred to in Article 6 of the Convention;
(d) public awareness-raising campaigns in the various languages of the country, including those of the migrant workers residing in the country, that convey the unacceptability of violence and harassment, in particular gender-based violence and harassment, address discriminatory attitudes and prevent stigmatization of victims, complainants, witnesses and whistle-blowers;
(e) gender-responsive curricula and instructional materials on violence and harassment, including gender-based violence and harassment, at all levels of education and vocational training, in line with national law and circumstances;
(f) materials for journalists and other media personnel on gender-based violence and harassment, including its underlying causes and risk factors, with due respect for their independence and freedom of expression; and
(g) public campaigns aimed at fostering safe, healthy and harmonious workplaces free from violence and harassment.
C. Resolution concerning the elimination of violence and harassment in the world of work
The General Conference of the International Labour Organization, meeting at its 108th (Centenary) Session, 2019,
Having adopted the Violence and Harassment Convention, 2019, and its accompanying Recommendation,
Recognizing the right of everyone to a world of work free from violence and harassment,
Acknowledging the historic opportunity to shape a future of work based on dignity and respect, free from violence and harassment,
Stressing the essential role of member States and the social partners in ending violence and harassment in the world of work,
Mindful that the success of the Convention and the Recommendation will depend upon their effective promotion and implementation,
1. Invites member States to ratify the Violence and Harassment Convention, 2019,
2. Invites governments, in consultation with employer and worker organizations, to implement the Violence and Harassment Convention and Recommendation, 2019,
3. Invites the Governing Body of the International Labour Office to request the Director-General to develop a comprehensive strategy for the wide ratification of the Violence and Harassment Convention, 2019, and effective implementation of the instruments, including measures to:
(a) support constituents through awareness-raising initiatives, promotional materials, research and technical assistance;
(b) bring these instruments to the attention of relevant international and regional organizations, and promote partnerships and joint initiatives to eliminate violence and harassment in the world of work; and
(c) allocate resources within the existing and forthcoming programmes and budgets and mobilize extrabudgetary resources to carry out the above-mentioned activities with the tripartite constituents.
Source:-
Final record vote on the adoption of
the Convention concening the
elimination of violence and
harassment in the world of work
Pour/For/En Pro: 439
Contre/Against/En contra: 7
Abstentions/Abstentions/Abstenciones:
30
Source:- https://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meetingdocument/wcms_711349.pdf
WHO VOTED AGAINST? 7 [E-Employers, T/W - Trade Unions/Workers, G- Government]
WHO VOTED AGAINST? 7 [E-Employers, T/W - Trade Unions/Workers, G- Government]
Contre/Against/En contra: 7
Costa Rica
MASÍS FALLAS, Sr. (E)
République dominicaine/Dominican
Republic/República Dominicana
RODRIGUEZ VELAZQUEZ, Sr. (E)
El Salvador
CARDENAL DEBAYLE, Sr. (E)
Guatemala
RICCI MUADI, Sr. (E)
Malaisie/Malaysia/Malasia
ARUMUGAM, Mr (E)
MANSOR, Mr(T/W)
Singapour/Singapore/Singapur
YEE, Mr (E)
Who abstained?
Abstentions/Abstentions/
Abstenciones: 30
Allemagne/Germany/Alemania
HORNUNG-DRAUS, Ms (E)
Argentine/Argentina
FUNES DE RIOJA, Sr. (E)
Autriche/Austria
SEKARDI, Mr (E)
Bolivie (État plurinational
de)/Bolivia
(Plurinational State of)/Bolivia
(Estado Plurinacional de)
AGREDA GOMEZ, Sr. (E)
Brésil/Brazil/Brasil
PORTUGAL FILHO, Sr. (E)
Chili/Chile
BOBIC CONCHA, Sr. (E)
Colombie/Colombia
ECHAVARRÍA SALDARRIAGA, Sr. (E)
Danemark/Denmark/Dinamarca
DREESEN, Mr (E)
El Salvador
GARCIA AVILA, Sra. (G)
MAZA MARTELLI, Sr. (G)
Honduras
URTECHO LOPEZ, Sr. (E)
Japon/Japan/Japón
MATSUI, Mr (E)
Kirghizistan/Kyrgyzstan/Kirguistán
MUKASHEV, Mr (G)
Malaisie/Malaysia/Malasia
HASAN, Mrs (G)
AB RAHMAN, Mr (G)
Mexique/Mexico/México
CARVAJAL BUSTAMANTE, Sr. (E)
Panama/Panamá
LEDEZMA VERGARA, Sr. (E)
Paraguay
LOPEZ BENITEZ, Sra. (G)
BRIZUELA, Sr. (G)
GONZALEZ ARIAS, Sr. (E)
Pérou/Peru/Perú
BARRENECHEA CALDERÓN, Sr. (E)
Fédération de Russie/Russian
Federation/Federación de Rusia
ZHUKOV, Mr (G)
GATILOV, Mr (G)
Singapour/Singapore/Singapur
CHI, Ms (G)
TAN, Mr (G)
Sri Lanka
WEERASINGHE, Mr (E)
Suède/Sweden/Suecia
BECKMAN, Mr (E)
Suisse/Switzerland/Suiza
TADDEI, M. (E)
Thaïlande/Thailand/Tailandia
SRIPIEAN, Mr (E)
Uruguay
FOSTIK, Sr. (E)
For full list of votes, see https://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meetingdocument/wcms_711349.pdf
ILO convention - ministry didn't want to clash with MTUC, MEF, says Kula
The government took a neutral stand on the ILO Convention on
Sexual Harassment and Violence because it did not wish to be in
conflict with its stakeholders.
Speaking at a National Labour Advisory Council press conference this afternoon, he said: "Each member state is allowed four votes. Two from the government, one from the workers and one from the employers."
Malaysia was represented at the ILO meet by the Ministry of Human Resources, MTUC and MEF, he said.
"In the adoption of the convention on violence and harassment in the world of work, the government of Malaysia voted to abstain due to the following reason that is we cannot be in conflict with our stakeholders, the MTUC and MEF, and therefore we took a neutral stand for now.
"In the spirit of tripartism, which is the core value of international labour standards, our ministry consulted with MTUC and MEF and was informed that both parties had a strong opposition towards the convention.
"Both voted 'no'. Taking into consideration these strong views by both workers and employers, it is of concern that the proposed convention includes a wide scope of application for workers, including those not in actual employment including job-seekers, temporary workers, etc."
"The heavily debated issue was about the list of vulnerable groups which initially included LGBT but later, due to a compromise by EU countries and employers, this was excluded," he said.
"As such the ministry is of the view that the convention's recommendation can be supported by the government," he said.
Kulasegaran also said that his ministry had consulted with the other Asean member states prior to deciding on the voting.
"It should be highlighted that Singapore also abstained from voting on the convention," he said.
He pointed out that while abstaining on the convention itself, the Malaysian government had voted in support of the ILO recommendations which were non-binding.
He also said the government was committed to ensuring that labour rights were protected, including from violence and harassment at the workplace.
"This is reflected in the Employment Act 1955 via the amendments incorporated in 2011 that provided a specific provision for the definition of sexual harassment and a mechanism to handle sexual harassment cases.
The
minister's statement comes in the wake of the vote on June 21 which saw
ILO member governments, employers' federations and workers'
representatives deliver a strong mandate to adopt the ILO Convention on
Violence and Harassment.
The vote was overwhelming with 439
delegates voting for the convention's adoption and only seven voting
against with 30 abstentions.
Both MTUC and MEF were among the
seven who voted against the resolution. Of the seven votes against the
resolution, MTUC's was the only one representing a trade union umbrella
body.
Both MTUC and MEF were among the seven who voted against the
resolution. Of the seven votes against the resolution, MTUC's was the
only one representing a trade union umbrella body.The Malaysian government, represented by the ministry, abstained from voting. - Malaysiakini, 27/6/2019
Treaty rejected over LGBT clause
Nation
Thursday, 27 Jun 2019
by jo timbuong
PETALING JAYA: The Malaysian Trades Union Congress (MTUC) and the Malaysian Employers Federation (MEF) voted against an international treaty to promote a harassment-and-violence free workplace because a section in the document includes the LGBT community.
In a list of countries voting for the adoption of the Convention Concerning Elimination of Violence and Harassment in the World of Work, MTUC was shown as the sole union in the world against the treaty.
MEF and employer representatives from Costa Rica, the Dominican Republic, El Salvador, Guatemala and Singapore also voted against the treaty.
The ballots were cast during the International Labour Conference in Geneva on June 21.
Malaysia’s government representatives abstained from voting and the Human Resources Ministry is expected to issue a statement on the matter soon.
Governments, employers and workers’ representatives from 439 countries voted in favour of the treaty.
MTUC president Datuk Abdul Halim Mansor said it wanted to remain consistent with the country’s stance of not recognising LGBT.
MEF executive director Datuk Shamsuddin Bardan said there were enough laws in the country to promote the eradication of sexual harassment and violence in the workplace.
“Even without ratifying the treaty, we are already against harassment and violence.
“The LGBT community will be treated fairly,” he said adding that there were already talks to strengthen the Employment Act 1955 to deal with such matters.
Meanwhile, a source with knowledge of the issue was puzzled by the decision of the two bodies and questioned the nation’s seriousness about creating a workplace free from harassment and violence.
“If they are serious about (tackling) violence and harassment in the workplace, why would they not support the adoption of the convention,” said the source who is also a workers’ rights advocate.
The source added that even the government, employers and workers’ representatives from Saudi Arabia voted in favour of the treaty.
All Women’s Action Society expressed its extreme disappointment over the decision by MTUC and the government for not voting for the treaty.
“Ensuring that women feel welcome and safe at the workplace is a serious concern – not only from an economic point of view but also to ensure that women earn a living wage and are able to make financial decisions independently.
“There is no point in creating a quota/opportunities for women if basic requirements like a violence-free and harassment-free workplace are not realised,” it said in a statement. - Star, 27/6/2019
Read more at https://www.thestar.com.my/news/nation/2019/06/27/treaty-rejected-over-lgbt-clause/#V47ZGsOlJBZiX5Z1.99
In U-turn, MTUC supports convention to eliminate violence, harassment at work
KUALA LUMPUR: Malaysian Trades Union Congress (MTUC) president Abdul
Halim Mansor said he was committed to the government’s consent to ratify
the Elimination of Violence and Harassment in the World of Work (C190)
Convention.
He said the convention was in line with MTUC’s policies and goals in defence of employees.
Commenting on MTUC’s decision to vote against the C190 at the
International Labour Organisation’s (ILO) conference in Geneva on June
21, Halim said it was due to a misunderstanding.
“We admit that there were certain misconceptions that led the MTUC to vote against the C190.
“At this point, it is better for me and MTUC leadership not to
elaborate on the misunderstanding,” he said in a statement yesterday.
Halim said the MTUC welcomed the announcement by Human Resources
Minister M Kula Segaran last Thursday that the government could support
the certification in the convention.
In this regard, he said MTUC would launch a C190 awareness programme
for employees and, at the same time, take action to convince the
government to ratify the convention.
Halim also urged all parties to elaborate on the proposed MTUC labour
law reforms submitted to the government recently to ensure that workers
get the right protection from violence or harassment regardless of
their background.
“The proposals actually cover almost all of the provisions in the
C190 and we are confident that the National Labour Advisory Council
(NLAC) will accept them to ensure the interests and safety of all
employees are not overlooked,” he said. - FMT, 30/6/2019
Anti-workplace harassment treaty in line with MTUC policies
The
Malaysian Trades Union Congress (MTUC) president Datuk Abdul Halim
Mansor says the Elimination of Violence and Harassment in the World of
Work (C190) Convention is in line with MTUC’s policies and goals in
defence of employees. - File pic.
KUALA
LUMPUR: The Malaysian Trades Union Congress (MTUC) is committed to the
government’s consent to ratify the Elimination of Violence and
Harassment in the World of Work (C190) Convention.
Its president Datuk Abdul Halim Mansor said the convention was in line with MTUC’s policies and goals in defence of employees.
Commenting on MTUC’s decision to vote against the C190 at the International Labour Organisation’s (ILO) conference in Geneva on June 21, Abdul Halim said it was due to a misunderstanding.
“We admit that there were certain misconceptions that led the MTUC to vote against the C190.
“At this point, it is better for me and MTUC leadership not to elaborate on the misunderstanding,” he said in a statement.
He said the MTUC welcomed the announcement of the Minister of Human Resources, M. Kula Segaran last Thursday that the government could support the certification in the convention.
In this regard, he said MTUC would launch a C190 awareness programme for employees and at the same time take the necessary action to convince the government to ratify the convention.
Halim also urged all parties to elaborate on the proposed MTUC labour law reforms submitted to the government recently to ensure that workers get the right protection from violence or harassment regardless of their background.
“The proposals actually cover almost all of the provisions in the C190 and we are confident that the National Labour Advisory Council (NLAC) will accept the proposals to ensure the interests and safety of all employees are not being overlooked,” he said. - Bernama - New Straits Times, 30/6/2019
Its president Datuk Abdul Halim Mansor said the convention was in line with MTUC’s policies and goals in defence of employees.
Commenting on MTUC’s decision to vote against the C190 at the International Labour Organisation’s (ILO) conference in Geneva on June 21, Abdul Halim said it was due to a misunderstanding.
“We admit that there were certain misconceptions that led the MTUC to vote against the C190.
“At this point, it is better for me and MTUC leadership not to elaborate on the misunderstanding,” he said in a statement.
He said the MTUC welcomed the announcement of the Minister of Human Resources, M. Kula Segaran last Thursday that the government could support the certification in the convention.
In this regard, he said MTUC would launch a C190 awareness programme for employees and at the same time take the necessary action to convince the government to ratify the convention.
Halim also urged all parties to elaborate on the proposed MTUC labour law reforms submitted to the government recently to ensure that workers get the right protection from violence or harassment regardless of their background.
“The proposals actually cover almost all of the provisions in the C190 and we are confident that the National Labour Advisory Council (NLAC) will accept the proposals to ensure the interests and safety of all employees are not being overlooked,” he said. - Bernama - New Straits Times, 30/6/2019
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