Social issues

Forced Labour

Any work or service which is exacted from any person under the menace of any penalty or threat, and for which the said person has not offered him- or herself voluntarily, is to be considered as forced labour. Working relations should be free from slavery or servitude, nor should there be made use of bonded labour, debt bondage, forced prison labour or human trafficking. Based on:

• Universal Declaration of Human Rights (1948), Art. 4
• ILO Abolition of Forced Labour Convention (C105, 1957), Art. 1
• ILO Forced Labour and Servitude Convention (C29,1930), Art. 2, 4 and 12

Discrimination

Discrimination occurs when distinction, exclusion or preference is made on the basis of race, colour, national extraction, sex, gender, religion, political opinion, real or perceived HIV/AIDs status, ability or social origin. As such, discrimination has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Individuals should be free of pursuing their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunities. Discrimination constitutes a violation of the rights enunciated by the Universal Declaration of Human Rights. Based on:

• C100 Equal Remuneration Convention (1951), art. 1 and 2
• C111 Discrimination (Employment and Occupation) Convention (1958), art. 2

Unhealthy and Unsafe Working Conditions

Working conditions in which the safety and health of employees are put at risk can occur by working without adequate training, with old machines without security equipment, and/or using pesticides or harmful substances or in absence of safety instructions and safety gears. Working conditions should ensure that the safest possible technologies and practices are being employed, that workers receive adequate training, and that appropriate emergency response systems and proper services, that are clean and hygienic.Unsafe working circumstances can lead to substantial and irreversible damages to the health of the employees. Based on:

• ILO Occupational safety and Health Convention, (C155, 1981), art.1, 4, 5 and 16
• ILO Social Security (Minimum Standards) Convention (C102, 1952), art. 10

Lack of Freedom of Association

The right to freedom of association is not guaranteed when workers’ union activities are prohibited or when companies interfere with union activities. For workers who are not allowed to negotiate or voice grievances collectively, their limited bargaining power can bring about fewer benefits. Prohibitions on organised strikes and collective negotiations, as well as interference with union activitiesmay leave workers unable to defend their personal interests due to an asymmetrical distribution of power. Based on:

• ILO Freedom of Association and Protection of the Right to Organise Convention (C87, 1948), art.2 and 11
• ILO Right to Organise and Collective Bargaining Convention (C98, 1949), art 1 and 2

Unreasonable Working Hours

When working hours exceed 8 hours per day and 48 hours a week, worker’s physical and mental well-being can be at risk. Excessive working hours can lead to impossibility of fulfilling basic needs of workers. Decent working conditionsshould entail a reasonable amount of working hours. Based on:

• C14 Weekly Rest (Industry) Convention, 1921. Art. 2
• ILO Hours of Work (industry) Convention (C1, 1919), Art. 2

Insufficient Income and Income Security

Income and income security allows workers to satisfy their basic needs, i.e. those sufficient for survival. The needs of workers and their families are measured by taking into account the general level of wages in the country, the cost of living, social security benefits, and the relative living standardsof other social groups. Payments and wages should be in a form that allows individuals to decide for themselves how to best allocate the resources. Insufficient income (and security) leaves workers unable to satisfy fundamental needs in the present as well as in the foreseeable future. Based on:

• C131 Minimum Wage Fixing Convention, 1970, art. 2 and 3

Violation of Land Rights

Violations of land rights occur when marginalised groups within societies, such as indigenous peoples, women, smallholder farmers and local communities, are deprived of land which they hold formal or customary rights to. If this deprivation of land occurs without adequate compensation, already marginalised farmers can become landless and their access to communal resources is endangered. When this happens, those who have already lost property without adequate compensation may also lose the security of their tenancy and/or access to agricultural extension services or marketing opportunities.Based on:

• C169 Indigenous and Tribal Peoples Convention, 1989

Precarious work

Precarious work refers to non-standard employment, which is poorly paid, insecure, unprotected, and cannot support a household. Precarious work is frequently associated with the flexibilisation of labour regulations and forms of employment that depart from the standard employment relationship (full-time, continuous work with one employer). Each form of precarious work may offer its own challenges but they all share the same disadvantages: low wages, few benefits, lack of collective representation and little to no job security. Based on:

• C175 Part Time Work Convention 
• C87 on Freedom of association and protection of the right to organise
• C98 on right to organise and Collective Bargaining

Restricted access to Natural Resources

Limited or no access to natural resources, (such as forests, water and pasture resources), or their unequal distribution between society groups (e.g. affluent and marginalised, local community and business owners, etc.) threatens the livelihoods of the most disadvantaged groups that depend on them to cover even their basic needs. These situations can restrict the benefits of access to affluent groups only, possibly leading to unequal use or mismanagement of the resource so that its quality and/or quantity are insufficient for local community needs. Based on:

• Agenda 21, United Nations Conference on Environment and Development (1992), art. 14.18
• UN Millennium Development Goals (MDG’s) (2005), goal 7. Target 3
• Right to Food and access to natural resources– FAO (2012)
• UN Declaration on the Rights of Indigenous Peoples (2008), art. 29 and 32.
• UN International Covenant on Civil and Political Rights. General comment 23, art. 27 from the human Rights Committee (1994)