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

The (ILO) Gender Perspective By J.Amri-MakhethaSenior Gender Specialist for Anglophone sub-Sahara AfricaSAMAT, Harare

Objective of presentation

Sensitizing participants on pertinent gender issues in Human Rights from the ILO perspectiveprovoking debate on (ILO) gender dimensions of Human Rights and learning about the status in Zambia.

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

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

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

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.

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

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.

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 participationidentifying different roles and needs of men and women for promotion of equality of opportunity and treatment

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

Mainstreaming Gender -is the means

Transforming unequal social and institutional structures into equal and just structuresGender mainstreaming is the key strategy for attainment of equality between men and women in employment and occupation

Affirmative action -is a means

Positive or affirmative action is applied to correct the disadvantaged position of womento complement (and render practice to) the anti-discrimination laws encourage equal treatment and opportunity for allThe ultimate goal is a partnership of equals

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

Gender Equality anchored in ILO Constitution

Preamble includes protection of women as a priority to development Preamble affirms the principle of equal pay

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

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

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 pressureEqual access to productive resourcesIntegrating gender issues into the follow up process of the Declaration.

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)

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

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

Equal Remuneration C100, 1951

Promotion and application to all workers, of the principle of equal remuneration for men and women for work of equal valueApplies to basic wages/salaries, any additional emoluments, payable directly or indirectly, in cash or in kind by the employer to the worker

ILS on gender equalitya means of action to improve conditions of life and work protects women and men

workers promote equality in opportunity

and treatment at work

Protective standards

Minimum standards concerning: Maternity leave/protection

(Maternity Protection C.183, 2000 ) night work for women in industry underground work OSH Conventions

Equality in employment standards

Equal remuneration for work of equal value regardless of sexnon-discrimination in access to voctrain, access to employment and terms and conditions of employmentworkers with family responsibility (Workers with Family Responsibilities C.156, 1981)

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

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

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

The challenge: understanding general and specific gender perspectives analyze economic and social rolesidentify forces leading to inequalityaddress de jure and de facto inequality

In Conclusion

Formulation, implementation and monitoring of Human Rights at all levels must consider the gender perspectives in order for substantive equality to occurThis 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

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.