Detailed report on the country cases discussed at the June 2017 ILO International Labour Conference, committee on the application of standards (CAS)

Transcription

1 Annex III b Agenda Item 4 Follow-up ILO International Labour Conference June 2017 Detailed report on the country cases discussed at the June 2017 ILO International Labour Conference, committee on the application of standards (CAS) Prepared by EU delegation in Geneva Useful links ILO reports: Search tool for finding comments by Country and by supervisory Body: EU statements: Annex 1 Country cases on which the EU delivered statements FTA, GSP and EBA countries: 1. Ecuador on C87 (Freedom of Association and Protection of the Right to Organise) The Government complained over the fact that it had been marked as a double footnoted case. It considered that this case was only dealing with mere administrative issues and not serious and urgent matters. The Government reiterated the call of the GRULAC so that the selection of cases obeys objective criteria and transparent procedures. The Workers' group expressed its deep concern over the lack of compliance with the Convention and the specific recommendations of the Committee and urged it to give serious consideration to the issues that has been raised on numerous occasions to engage in a tripartite dialogue at national level in order to decide on the way forward. The Employer's group recalled its disagreement with the position of the Experts on Convention 87 and the right to strike. They emphasized that the Government and the social partners should undertake a comprehensive review process to provide the legal system with internal consistency and prevent that some reforms may lead to contradictions with international conventions. The EU expressed its concern on the situation and urged the Government to take several necessary measures to bring the national legislation in conformity with the Convention. Switzerland and Canada delivered statements along the same lines. Conclusions: The Committee called upon the Government to 1) ensure full respect for the right of public servants to establish organizations of their own choosing for the collective defence of their interests, including the protection regarding administrative dissolution or suspension 2) revoke the decision to dissolve the UNE and to allow the free functioning of the trade union 3) amend legislation to ensure that the consequences of any delay in convening trade union elections are set out in the by-laws of the organizations themselves 4) initiate a process of consultation with the most representative employers and workers organizations to identify how the current legislative framework needs to be amended in order to bring all the relevant legislation into compliance with the text of Convention No El Salvador on C144 (Tripartite Consultation) The Employers' group expressed their concern on the situation which they qualified as very serious. They therefore requested the inclusions of the Commission's conclusions in a special paragraph of the report. They also mentioned the need to send a direct contacts

2 mission on the ground since the one requested in 2016 did not take place. The Workers' group also expressed its concern on the situation and called upon the Government to implement the conclusions adopted in They stated that the Government failed to ensure effective tripartite consultation structures in the fields of ILO activities and that social dialogue could soothe all the tensions that exists in the country. The EU expressed its concern regarding the lack of progress on the situation and urged the Government to reactivate the Higher Labour Council and ensure full autonomy for employers' and workers' organizations. GRULAC, Cuba and Bolivia made a statement in support of El Salvador, encouraging it to pursue its efforts, while Honduras urged it to strengthen its national tripartite dialogue in order to comply with the Convention. Conclusions: The Committee urged the Government of El Salvador to 1) reactivate, without delay, the Higher Labour Council (CST) 2) ensure concrete positive developments with regard to the freedom and autonomy of employers and workers organizations to appoint their representatives in compliance with Convention No. 144, without intimidation 3) ensure adequate protection for the premises of the representative workers and employers organizations from violence and destruction 4) report in detail on the application of the Convention in law and practice to the next session of the Committee of Experts. The Committee requested once again that a direct contacts mission be sent to El Salvador before the end of Guatemala on C87 (Freedom of Association and Protection of the Right to Organize) The Government (represented by a very large delegation) reiterated its commitment to take further measures to ensure progress, with a view to close the case at the November Governing Body. It expressed its concern at the simultaneous use of several mechanisms to deal with the same allegations concerning a country, against which there is already a complaint before the Governing Body. It considered that it is a duplication of the mechanisms which weakens the efficiency and credibility of the ILO supervisory bodies. The Workers' group stated that the question of violence and impunity against trade unionists in Guatemala has been examined many times by the Committee and that the inaction by the Government called for continued examination, regardless of the process currently taking place at the Governing Body. They will continue to monitor closely the implementation of the roadmap. The Employers' group encouraged the Government to continue its awareness-raising campaign on freedom of association and to improve the institutional strengthening of the various public and private sectors of the country. GRULAC recognized the progress made by the Government and also urged the Committee of Experts to do so, hoping that this case will be closed soon. The EU delivered a short statement on the need to avoid duplicating procedures and recalled the views expressed at the last GB. The US made a statement along the same lines. Conclusions: The Committee called upon the Government to 1) continue to investigate, with the involvement of the Public Prosecutor s Office, all acts of violence against trade union leaders and members, with a view to identifying and understanding the root causes of violence, understanding whether trade union activities was a motive, determining responsibilities and punishing the perpetrators 2) continue to strengthen the operation of the Conflict Resolution Committee, including in relation to the complementarity between the Conflict Resolution Committee and the judicial mechanisms for the protection of freedom of association 3) eliminate the various legislative obstacles to the free establishment of trade union organizations and, in consultation with the social partners and with the support of the Special Representative of the Director- General, review the handling of registration applications 4) continue to provide rapid and effective protection to all trade union leaders and members who are under threat so as to ensure that protected individuals do not personally have to bear any costs arising from those schemes 5) ensure the effective operation of the Investigation Unit for Crimes against Trade Unionists of the Office of the

3 Public Prosecutor by allocating the necessary resources 6) increase the visibility of the awareness-raising campaign on freedom of association in the mass media and ensure that there is no stigmatization whatsoever against collective agreements existing in the public sector 7) continue taking the necessary steps to fully implement the roadmap adopted on 17 October 2013 in consultation with the social partners 8)continue to engage with the Special Representative of the Director-General in Guatemala in pursuing the implementation of the Memorandum of Understanding and the roadmap. 4. Bangladesh on C87 (Freedom of Association and the Right to Organize) This case was a follow-up to the 2016 and 2015 discussion. The Government highlighted the general efforts undertaken after the Rana Plaza incident, in particular the initiation of rescue and rehabilitation efforts, drastic actions to put in place immediate measures and institutional mechanisms to strengthen safety rules, the revision of labour laws, including the Bangladesh Labour Act, 2006 (BLA), and of the national labour policy in order to address imminent labour concerns and improve labour rights. It also provided further information with regards to the Committee of Experts' conclusions: (i) the government will review the EPZ labour Act, 2016 and submit it to the Committee of Expert on August 2017 and then to Parliament. (ii) The recently adopted and published standard operating procedures (SOP's) for registration has already been implemented. The Workers emphasized the fact that the case of Bangladesh had been examined by the CAS for the last 5 years and that no real progress had been made in relation to ILO Conventions, in particular Convention 87, despite the promises. They added that the special paragraph that the Committee applied last year had no effect, despite the technical assistance and the millions received from donors. The employers thanked the Government for the information it had provided and, in particular, for its reinforced commitment to implement the Convention, its stated intention to pursue social dialogue with workers and employers organizations and its reiterated commitment to cooperate with the ILO Given its lengthy and complex nature and the many facets of the Committee of Experts observations, it was necessary to look closely at the measures adopted by the Government. Although more work had to be done and some concerns still remained, especially in respect of allegations of intimidation and violence, progress had been made. It was also important not to lose sight of the role played by the RMG sector in the socio-economic development of the country and its contribution to the empowerment of millions of women. While recognizing progress achieved on a number of labour issues, the EU expressed serious concern regarding respect for labour rights, particularly freedom ofassociation and the right to collective bargaining indicated that the Government's commitments needed to be translated into firm, concrete and time-bound actions and stated that progress on the matter was urgently expected. Canada, the U.S.A and Switzerland delivered statements along the same lines while Algeria, China, Iran, Sri Lanka, Kenya, India, Egypt and Cuba recognized the progress achieved by the Government of Bangladesh and encouraged it to continue take measures to comply with the Convention. Conclusions: the Committee called upon the Government to 1) ensure that the Bangladesh Labour Act and the Bangladesh Labour Rules are brought into conformity with the provisions of the Convention regarding freedom of association, paying particular attention to the priorities identified by the social partners 2) ensure that the draft EPZ Labour Act allows for freedom of association for workers and employers organizations and is brought into conformity with the provisions of the Convention regarding freedom of association, with consultation of the social partners 3) continue to investigate, without delay, all alleged acts of anti-union discrimination, including in the Ashulia area, ensure the reinstatement of those illegally dismissed, and impose fines or criminal sanctions (particularly in cases of violence against trade unionists) according to the law 4) ensure that applications for union registration are acted upon expeditiously and are not denied unless they fail to meet clear and objective criteria set forth in the law.

4 5. Cambodia on C87 (Freedom of Association and the Right to Organize) The case concerned the following issues: (1) the investigation of violence and unsolved murders of several unionists, (2) legislative issues, (3) the right to organize not adequately recognized to teachers, civil servants, domestic and informal economy workers, and (4) the independence of the judiciary. The Government recalled the direct contacts missions (DCM) that visited the country from 27 to 31 March, It also stated that a zero draft law on Labour Disputes Adjudication was finalized and circulated for comments. It will be submitted to the Parliament for adoption by the end of the year. The Workers highlighted that this case had already been examined by this Committee seven times since However; the government continued to limit or effectively prohibit trade unions from exercising their right to organize, and since 2016, the situation had worsened substantially. The government had curtailed freedom of association through highly repressive legislation. The most harmful was the new LTU, adopted on May The employers' group concurred with the worker's conclusions. The EU delivered a statement on the same line as the social partners and called upon the Government to take urgent and concrete actions to comply with the call of the Committee of Experts. The US and Switzerland made similar statements. Thailand on behalf of ASEAN welcomed the progress made by the government and requested the committee to provide the government with adequate tie for proper review and effective implementation of the recommendations of the DCM. Conclusions: The Committee called upon the Government to 1) ensure that freedom of association can be exercised in a climate free of intimidation and violence against workers, employers and their respective organizations 2) provide the reports of the three committees charged with investigations into the murders of, and violence perpetrated against, trade union leaders to the Committee of Experts, and ensure that the perpetrators and instigators of the crimes are brought to justice 3) ensure that acts of anti-union discrimination are swiftly investigated and that, if verified, adequate remedies and dissuasive sanctions are applied 4)keep under review the Trade Union Law, closely consulting employers and workers organizations, with a view to finding solutions that are compatible with Convention No. 87 5)ensure that workers are able to register trade unions through a simple, objective and transparent process 6) ensure that teachers, civil servants, domestic workers and workers in the informal economy are protected in law and practice consistent with Convention No. 87 7)ensure that all trade unions have the right to represent their members before the Arbitration Council 8)complete, in consultation with workers and employers organizations, the proposed legislation and regulations on labour disputes, in conformity with Convention No. 87, so as to ensure that the labour dispute settlement system has a solid legal basis that allows it to fairly reconcile the interests and needs of workers and employers involved in the disputes 9)develop a roadmap to define time-bound actions in order to implement the conclusions of this Committee. 6. Ukraine on C81 (Labour Inspection) and C129 (Labour Inspection Agriculture) The Government indicated that the new legislation regulating labour inspection has now been adopted and has entered into force on January It also adopted two important pieces of legislation, namely: (i) the Procedure on State Control over Compliance with Labour Laws; and (ii) the Procedure on State Supervision over Compliance with Labour Laws, which entered into force on 16 May 2017.The Workers and The Employers welcomed the new legislation and the Technical Assistance provided by the ILO to support the labour inspection reform initiated in While recognizing the difficulty of the current situation in Ukraine, they encouraged the Government to continue to accept technical assistance in order to meet the requirement that labour inspectors be public officials, independent of changes in Government and OF any external influences. The EU and Switzerland delivered statements along the same lines.

5 Conclusions: The Committee called upon the Government to 1) provide detailed information regarding recent legislation enacted on the regulation of the labour inspection system, including providing a copy of the same for analysis and consideration in relation to the application of Conventions Nos 81 and 129 2) promote effective dialogue with employers and workers organizations concerning labour inspection matters 3)continue to avail itself of ILO technical assistance in order to strengthen the capacity and resources of the labour inspection system, in particular with regards to the training and capacity building of labour Inspectors 4) ensure that the status and conditions of service of labour inspectors guarantee their independence and impartiality in line with the Conventions 5) ensure that other functions entrusted to labour inspectors do not interfere with their primary duties and impact negatively on the quality of labour inspections. 7. Malaysia Peninsular Sarawak on C19 (Equality of Treatment Accident Compensation) The Employer's group recalled that this case dated back to 1993 when foreign workers employed in Malaysia for up to five years were transferred from the ESS Scheme to the WCS. Ever since, benefits provided under the WCS had been lower than those provided under the ESS Scheme and there had therefore been a clear divergence with the provisions of the Convention which established the principle of equality of treatment between foreign workers and national workers. The workers' group recalled that Malaysia has greatly benefited from the employment of migrant workers but that the government failed in protecting their rights and to treat them equally. The Government stated that it will comply with the call of the Committee in ensuring the foreign worker s accident compensation guaranteed by the Convention and that the Ministry will hold discussions on the WCS with tripartite partners for their further consideration on the revised quantum prior to submitting to the Government for approval. The EU expressed deep concerns regarding this situation and hoped that the Government will effectively and promptly take the necessary measures. The Government of Thailand on behalf of the ASEAN group supported the Government of Malaysia. Conclusions: The Committee urged the Government to 1) take steps to develop and communicate its policy for governing the recruitment and treatment of migrant workers 2) take immediate steps to conclude its work on means of reinstating the equality of treatment of migrant workers, in particular by extending the coverage of the Employees Social Security Scheme to migrant workers in a form that is effective and 3) work with employers and workers organizations to develop laws and regulations that ensure the removal of discriminatory practices between migrant and national workers, in particular in relation to workplace injury 4) adopt special arrangements with other ratifying member States to overcome the administrative difficulties of monitoring the payment of compensation abroad 5) take necessary legal and practical measures to ensure that migrant workers have access to medical care in the case of workplace injury without fear of arrest and retaliation and 6) avail itself of the technical assistance of the ILO with a view to implementing these recommendations and to develop mechanisms for overcoming the practical. 8. Kazakhstan on C87 (Freedom of Association and Right to Organize) The Government stated that the 2015 Law on Trade Unions and the 2015 Labour Code were intended to strengthen the organizational basis of the trade union movement and expand its role in defending the rights and interests of workers. The Constitution and the Law on Trade Unions prohibited both unlawful interference by the State in the affairs of public associations and any acts that prevented a trade union from being founded or carrying out its activities. Regarding the work under way to address the observations made by the Committee of Experts in respect of the 2016 recommendations of the Conference Committee, a roadmap on the development of a concept note for a

6 draft law had been adopted; a special working group with the participation of all social partners had been formed to improve legislation on trade union activities; this group had already formulated basic approaches and amendments to current legislation in line with the Committees observations and recommendations. The Employers' group pointed out that despite the very clear direction provided by this Committee in 2016 it appeared that the Government had still not taken action on the serious issues related to the workers and employers organizations freedom of association, in particular, the freedom to establish and join organizations of their own choosing without prior authorization. They stressed their deep concern at the Government s continued failure to ensure that the Law on the National Chamber of Entrepreneurs of 2013 provide employers organizations full autonomy and independence without the interference of the Government The Workers' group made a strong statement deploring the current situation related to trade unions in the country and requested the release of the two trade unionists imprisoned by the government. The EU encouraged the Government to take the necessary measures to amend the Labour Code and the Criminal Code in consultation with the social partners, as well as to authorize workers and employers organizations to receive financial assistance from international organizations of workers and employers and to ensure the autonomy and independence of free and independent employers organizations in Kazakhstan, by amending the Law on the National Chamber of Entrepreneurs. The U.S additionally asked for the Government of Kazakhstan to drop the charges and release the labour officials and activists who had been arrested and imprisoned for exercising their right to freedom of association. Conclusions: The Committee called upon the Government to 1) amend the provisions of the Trade Union Law of 2014 consistent with the Convention, on issues concerning excessive limitations on the structure of trade unions which limit the right of workers to form and join trade unions of their own choosing 2)amend the provisions of the Law on the National Chamber of Entrepreneurs in a manner that would ensure the full autonomy and independence of free and independent employers organizations, without any further delay. In particular remove the provisions on the broad mandate of the NCE to represent employers and accredit employers organizations by the NCE 3) allow trade unions and employers organizations to benefit from and participate in joint cooperation projects and activities with international organizations 4) amend legislation to lift the ban on financial assistance to national trade unions and employers organizations by international organizations; 5)take all necessary measures to ensure that the KNPRK and its affiliates are able to fully exercise their trade union rights and are given the autonomy and independence needed to fulfil their mandate and to represent their constituents 6) amend legislation to permit judges, firefighters and prison staff to form and join a workers organization 7) ensure that applications for union registration are acted upon expeditiously and are not denied unless they fail to meet clear and objective criteria set forth in the law. 9. Mauritania on C29 (Forced Labour) The Government presented the progress made and the projects developed in order to give effect to the previous recommendations. The Government benefited from a Technical Assistance of the ILO, which allowed setting up a 4 year support project for the application of Law n on the incrimination of slavery and repressing slavery-like practices. The workers' group expressed their deep concerns on this case and the fact that it appeared for a second time in two years in front of the CAS on the same Convention. They deplored the lack of results of the direct contacts mission that took place in October, 2016 as well as the lack of data surveys on slavery practices that would allow authorities to effectively tackle this phenomenon and to define the specific actions that were to be undertaken. They called upon the Government to stop repressing organizations fighting against slavery, and asked for the immediate release of the ones that are still in detention. The employers' group recognized the measures taken such as the creation of the Tadamoun Agency, the adoption of a roadmap, the adoption of the 2015 Law and the establishment of the three special courts.

7 They encouraged the Government to pursue its efforts. The EU recognized the progress made but also requested the government to take further measures in different areas. Egypt and Algeria supported Mauritania. Conclusions: The Committee urged the Government to 1) strictly enforce the 2015 antislavery law to ensure that those responsible for the practice of slavery be effectively investigated, prosecuted and receive and serve sentences that are commensurate with the Crime 2) provide information on the number of cases of slavery reported to the authorities, the number of those cases which resulted in judicial action, and the number and nature of the convictions 3) provide information regarding the remedial action taken in respect of victims 4) strengthen the labour inspectorate and other relevant enforcement mechanisms to combat the exaction of forced labour 5) establish specialized units in the Office of the Public Prosecutor and the forces of order with the capacity to gather evidence and initiate the corresponding judicial procedures 6) ensure that prosecutions at the special courts for slavery crimes are supported and processed in a timely manner, and with public awarenessraising campaigns around the convictions 7) develop clear and objective indicators to assess the full implementation of the Roadmap to Combat the Vestiges of Slavery 8) conduct a complete analysis in relation to the nature and incidence of slavery as a basis for improving targeted actions to eradicate slavery 9) increase the visibility of awareness-raising campaigns for the general public, victims, the police, administrative and judicial authorities and religious authorities 10) ensure the social and economic integrations of victims of slavery by providing access to services and resources enabling them to reconstruct their lives and to prevent a return to slavery 11) provide detailed information on the operations, programmes and resources provided to the National Agency to Fight against the Vestiges of Slavery, for Social Integration and to Fight against Poverty, or Tadamoun and 12) ensure that victims who identified their situation are protected from retaliatory measures and social. The Government should pursue ILO technical assistance to address the recommendations and accept a high-level mission. 10. Afghanistan on C182 (Worst Forms of Child Labour) The report of the Experts had raised three main issues: children continue to be enrolled in both national armed forces and armed groups, the practice of bacha bazi (young boys prostitution) also remains, and in some areas access to education, notably for girls, is not ensured. The Government indicated that with a crippling poverty rate of 39 per cent, many households responded to economic shocks by taking their children out of school and requiring them to generate income, thus forcing them into labour. The employers' group recognized the armed conflict situation that the Government has been facing for decades but urged it to take strong and immediate measure to stop sexual exploitation of children and the issue of "dancing boys" which they considered as within the control of the Government. The workers' group stated that despite some initiatives undertaken by the Government and the international community, the widespread use of the worst forms of child labour continued to be a pressing issue, which needed to be addressed as a matter of urgency. The EU recognized the efforts undertaken by the Government and called upon it to pursue its efforts to : prevent children enrolment in the national army and the police, create a legal prohibition and criminalization of the "dancing boy practices" and ensure free access to basic education for all, with particular attention to girls. Conclusions: The Committee urged the Government to 1) take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups 2) take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in law and in practice 3) take immediate and effective measures to eliminate the practice of bacha-bazi 4) take effective

8 and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups and/or are sexually exploited and provide information on the measures taken in this regard and on the results achieved. Other countries: 11. Bahrain on C111 (Discrimination Employment and Occupation) On this case, the Experts had raised the following issues: lack of a definition of discrimination in the labour law, domestics workers and other jobs are excluded from the labour law, sexual harassment is not included in the labour law, nor in the civil code. The employers' group urged the Government to take the necessary measures to implement the Tripartite Agreements of 2012 and 2014 and encouraged it to engage with the ILO to work towards full compliance with the Convention. The workers' group called for immediate prohibition of sexual harassment by the social legislation that should also provide dissuasive sanctions. They also called upon the Government to take necessary measures to create a national plan in order to eliminate discriminations based on race, colour, religion, political opinion, national ascendance and social origin, as provided by the Convention. The EU noted with interest the process initiated by the Government with a view to abolishing the Kafala system and urged it to take the necessary measures to be in line with the Convention on all the other matters raised. The Governments of Kuweit, Egypt, Bangladesh and Pakistan acknowledged the progress made by Bahrain and encouraged the ILO to provide technical assistance to the Government with a view to achieving sustainable compliance with international labour standards. Conclusions: The CAS called upon the Government to 1) report on the measures taken to implement the commitments contained in the Tripartite Agreements of 2012 and 2014 in connection with the Government s efforts to comply with Convention No. 111 to the Committee of Experts for its November 2017 session 2) ensure that legislation covers all recognized prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, in both direct and indirect forms, and undertake measures to ensure that discrimination in employment and occupation is prohibited in law and practice 3) ensure that migrant workers as well as domestic workers are included in the protection of antidiscrimination Law 4) ensure equality of opportunity and treatment of employment of women 5) ensure sexual harassment is prohibited in the Labour Code and provide information regarding how complaints of this nature may be advanced to the Committee of Experts for its November 2017 session. 12. Democratic Republic of the Congo on C 182 (Worst Forms of Child Labour Convention): The Government recognised the presence of children in artisanal mining sites in the provinces of Katanga, North-Kivu and South-Kivu. It also recalled the setting up of an Action Plan to fight against the recruitment and use of children and other grave violations of children's rights by armed forces and security services. An inter-ministerial commission in charge of child labour in mines and mining sites had been established, which elaborated a triennial plan to coordinate actions to put an end to the presence of children in mining activities. Employers condemned the appalling work conditions of children in mines, children trafficking and exploitation, and recruitment in the armed forces and urged the Government to effectively enforce the existing laws in relation to child labour. Workers denounced horrendous violations against children in DRC, suggesting the Government should be called upon to take immediate and efficient measures to eliminate children's forced or dangerous work. They criticised the lack of implementation and dissuasive character of measures against forced child labour. The EU recognised DRC's commitment to end recruitment and use of children in armed conflict, while noting its deep concern that child labour in mines and

9 the use of children by armed groups continued to jeopardize the future of children. It provided several recommendations to be taken on by the Government. Switzerland and Canada made comments along the same lines. The Governments of Chad and Algeria highlighted recent efforts from the government that demonstrate a strong will to eradicate the worst forms of child labour. Conclusions: 1) ensure the immediate and complete demobilisation of children in the armed forces and put an end to the forced recruitment of children in armed groups, by granting particular attention to the demobilisation of girls; 2) enhance efforts to prevent children from working in the mines and other dangerous sectors, and providing direct necessary and appropriate help to extract them from the worst forms of child labour; 3) ensue that in-depth enquiries and pursuits are conducted against the authors, and that inflicted sanctions are sufficiently efficient and dissuasive; 4) enhance efforts to take efficient measures in a given timeframe to extract children from armed groups and the worst forms of child labour, and ensure their social re-adaptation and integration; 5) provide information on the number of child soldiers taken out of the armed forces and reintegrate in society. Annex 2: EU cases 13. Poland on C29 (Forced Labour) The Government emphasized that in 2016 and 2017, the Embassy of the Republic of Poland in Pyongyang had not issued any visa for DPRK citizens to seek employment and the only persons currently working in Poland would be those who had entered the country in previous years. It also stated that the employment of DPRK citizens was a specific case that should not be generalized into the overall picture of employing foreigners in Poland. Moreover, the Government stated that the Labour Inspections noted no forms of forced labour of which migrants workers from DPRK are to be victims. The employers noted the lack of clarity on the allegations made by Solidarnosc and expressed their surprise to see Poland in the list of double footnoted cases. They therefore asked for more investigations to be undertaken and to grant more means to the inspection services. Conclusions: The Committee called upon the Government to 1) increase its efforts to ensure that migrant workers are fully protected from abusive practices and conditions amounting to forced labour 2) provide information on the measures taken to identify cases of forced labour to the Committee of Experts paying particular attention to the situation of workers from the Democratic Peoples Republic of Korea 3)take immediate and efficient measures so that the perpetrators of such practices, if they occur, are prosecuted and that dissuasive penalties are issued 4)ensure that identified victims of forced labour have access to adequate protection and remedies. 14. UK on C102 (Social Security Minimum Standards) The Government shared information about the welfare system in the United Kingdom. As the United Kingdom had just held a general election, information could only be provided on the existing welfare law. Further information would be provided in the Government s report on the application of the Convention in time for the next session of the Committee of Experts in The Workers stated that new forms of work and the proliferation of precarious situations should lead to the strengthening of social protection and not a weakening of its mechanisms. They therefore invited the Government to take the necessary measures so as to prevent the country, which has been the second one to ratify the Convention N. 102, to become a poor example of its application. The position of the Employer members was that striving to maintain a balance between effective benefits and incentives within a sustainable system was in fact a legitimate and reasonable goal for the Government. The

10 Convention was a flexible instrument and, in the view of the Employer members, allowed for such considerations to be made. Conclusions: The Committee took note of the information provided by the Government representative and the discussion that followed. The Committee encouraged the Government of the United Kingdom to transmit to the Committee of Experts the additional information requested, including the relevant statistics, in order to enable the Experts to make a fresh evaluation of the application of the Convention in the country. Annex 3: Other Cases 15. Algeria on C87 (Freedom of Association and Protection of the Right to Organize) The Government expressed its surprise to see Algeria on the final list of cases to be examined by the CAS and insisted on the need to re-examine the countries cases' selection process. The Workers' group stressed that since the previous discussion of this case in 2015, the situation in Algeria had deteriorated. They deplored the fact that the Labour Code has not been amended despite persistent requests for review from the ILO supervisory bodies. They called upon the Government to modify its legislation and to immediately recognize all legitimate trade unions. The Employers' group considered that it was a case of extremely slow progress and also urged the Government to take all necessary measures to guarantee the prompt registration of trade unions which had met the requirements set out by the law, and, if necessary, require the competent authorities to ensure that the organizations in question were duly informed of the additional requirements that had to be met. The Governments of Mauritania, Cuba, Venezuela, Guinea, Turkey, Lebanon, Libya, Egypt, Senegal, Iran, Pakistan, Angola, Bangladesh, Sudan and Zimbabwe acknowledged the progress made by Algeria to translate C87 into reality and encouraged it to continue its efforts in improving working like and trade unions rights. Conclusions: The Committee called upon the Government of Algeria, without delay, to 1) ensure that the registration of trade unions in law and in practice conforms with Convention No. 87 2) process pending applications for the registration of trade unions which have met the requirements set out by law and notify the Committee of Experts of the results in this regard 3) ensure that the new draft Labour Code is in compliance with Convention No. 87 4) amend section 4 of Act. No in order to remove obstacles to the establishment by workers organizations, of federations, and confederations of their own choosing, irrespective of the sector to which they belong 5) amend section 6 of Act No in order to recognize the right of all workers, without distinction on the basis of nationality, to establish trade unions 6)ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions or employers 7) reinstate employees of the Government, terminated based on anti-union discrimination. 16. Botswana on C87 (Freedom of Association and Protection of the Right to Organize) The Employers' group commended the Government for its ratification of all eight fundamental Conventions. In line with the Workers' group, they stated that the Government and the social partners should be given the time needed to complete a holistic review of the legislation and to amend it in accordance with the Committee s ultimate conclusions, and then to report back. SACD acknowledged the efforts made by the Government and encouraged meaningful and constructive dialogue among all partners. SACD also underlined the fact that the Government should be given the opportunity to continue the internal review

11 process of the relevant national legislation. France, lobbied by its own workers, decided at the very last moment to make a national statement inviting the Government to take into account the requests made by the Committee of Experts regarding the reviewing of the legislation on conflict at work and the public function in order to allow workers to freely exercise their trade union activities. Conclusions: The Committee called upon the Government to 1) take appropriate measures that ensure that the labour and employment legislation grants members of the prison service the rights guaranteed by the Convention 2) ensure that the Trade Disputes Act is in full conformity with Convention No. 87, and engage in social dialogue, with the further technical assistance of the ILO 3) amend the Trade Unions and Employers Organisations Act, in consultation with employers and workers organizations, to bring these laws into conformity with the Convention. 17. Egypt on C87 (Freedom of Association and Right to Organize) The Government complained about the fact that it was on the final list. It expressed its will to continue moving forward to complete the Bill that would protect workers and trade unions. The Employers' group appreciated the intentions stated by Egypt to ensure compliance with Convention 87. They requested the government to finalize the law on TU and report back to CEACR on progress. The Workers' group expressed the need for independent trade unions to be recognized in Egypt and that the new law should guarantee no interference of the government in the trade unions actions. There was only one trade union recognized for the whole country, which was affiliated to the government. The workers from Italy, also speaking on behalf of other European workers recalled that a young Italian researcher working on the sociology of trade unions in Egypt had been tortured and killed. Venezuela, Algeria, Cuba, Sudan, Russia, Libya, Mauritania supported the Egyptian government. After the conclusions were reads by the chair the government rejected them, arguing that the allegations were false and the case highly politicised. Conclusions: The Committee called upon the Government to 1) ensure that the draft Law on Trade Union Organizations, presently before the House of Representatives for adoption, is in conformity with the Convention, in particular with respect to the concerns relating to the institutionalization of a single trade union system 2) transmit a copy of this draft legislation to the Committee of Experts 3) ensure that all trade unions in Egypt are able to exercise their activities and elect their officers in full freedom, in law and in practice, in accordance with the Convention. The Committee called on the Government to accept an ILO direct contacts mission to assess the progress made. 18. India on C81 (Employment Policy) The Government pointed out that any labour laws had been enacted to exclude the workers from the purview of labour laws. It stated that workplaces should be inspected as often and as thoroughly as necessary, remaining committed to labour welfare and to the protection of labour rights. At the same time, in view of the federal structure of the country and the sovereignty of the states, there was no statutory mechanism for the states to furnish data to the central government. The Workers' group expected that the Government would this time fully implement the conclusions and provide the requested information to the Committee Experts in time for its next report. The Employer members, taking into account the India s federal structure, highlighted that the Government had failed to provide information requested and to respect their reporting obligations. The Islamic Republic of Iran and Bangladesh thanked the Government for the information provided and welcomed the

12 ongoing legislative process to create an enabling environment for economic growth and job creation. Malaysia underlined the vulnerable and precarious condition of the workers. Sri Lanka and Turkey welcomed the efforts made and the measures taken by the Government. The Russian Federation thanked the Government for Convention's submission. Conclusions: the Committee called upon the Government of India to 1) ensure that effective labour inspections are conducted in all SEZs, and provide detailed information about the number of routine and unannounced visits as well as the dissuasive fines imposed against infractions; 2) to promote the collaboration between officials of the labour inspectorate and employers and workers or their organizations, in particular when it comes to the implementation of inspection reports; 3) to increase the resources at the disposal of the central and state government inspectorates; 4) to ensure that draft legislation is in conformity with the Convention; 5) to provide detailed information, including statistical information, to the Committee of Experts on 6 ) the measures taken to ensure that labour inspectors have the discretion to initiate prompt legal proceedings 7) how the information submitted by employers through self-certificates is verified by the labour inspectorate, in particular in relation to health and safety inspections 8) the division of the responsibility of labour inspection between the State and central spheres for each law and regulation in question. 19. Libya on C182 (Worst Forms of Child Labour) The Government the speaker drew attention to the fact that Libya was facing its worst political crisis and escalation of violence since ISIS practices against children during its rule over Sirte, including the forcible recruitment of children into their military operations, the prohibition of children from enrolment in school, and the forcing of girls to wear the veil, had found an end after the victory over ISIS in Sirte, and children had returned to their studies. In view of the acts committed by groups operating outside the law, and in particular the terrorist organisation ISIS, the Libyan State was keen to again assume its responsibilities. Noting that education was a fundamental human right, the speaker stressed that education was a right for everyone in Libya, and that education was segmented into three phases, with obligatory elementary schooling of nine years, secondary school and vocational training, in addition to higher (university) education, all of which were free of charge in all parts of Libya recalled the difficult situation that the country has been facing in the last few years and how it has been dealing with children protection and education. Workers and Employers acknowledged that the armed conflict in Libya severely limited and compromised children's access to education and urged the Government to prioritize their rights and to take practical measures to ensure that the prohibitions of child labour in law had real effects. Egypt and Zimbabwe supported the government and encouraged it to pursue its efforts and to avail itself from a technical assistance of the ILO. Conclusions: The Committee urged the Government of Libya, with the technical assistance of the ILO, to 1) take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups 2) take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and that sufficiently effective and dissuasive penalties are imposed in law and in practice 3) take effective and time-bound measures to provide for their rehabilitation and social integration and to provide information on the measures taken in this regard and on the results achieved. 20. Paraguay on C29 (Forced Labour) The Workers' group regretted that the technical assistance provided has not been sufficient to overcome issue of slavery within the indigenous community of Paraguay. They underlined the seriousness of the case and recommended that the Government take stronger measures in cooperation with the ILO. The Government recalled the lack of infrastructure in this

13 specific indigenous region of Chaca and expressed its will to deploy enough local ethnic advisers on the ground. The Employers' group did not find appropriate for the case of Paraguay to be on the final list before the Commission, since they recognize that the Government had taken the necessary measures to combat forced labour. They urged the Commission to take a decision in accordance with the situation the country is facing in relation to this issue. GRULAC along with Mexico acknowledged the commitment of the Government and its work to eliminate forced labour. Conclusions: The Committee urged the Government to 1) allocate sufficient material and human resources to the Ministry of Labour offices in the Chaco region for receiving workers complaints and reports of forced labour, taking appropriate measures to ensure that in practice victims are in a position to turn to the competent judicial authorities 2) ensure that judicial proceedings are launched against persons exacting forced labour in the form of debt Bondage 3) continue strengthening the capacity of labour inspectors, so as to enable them to deal effectively with the complaints received, to identify victims and restore their rights in order to prevent them from being trapped again in situations of forced labour 4) continue including social partners in the process of adoption of the National Strategy for the Prevention of Forced Labour 5) develop regional actions plans and priority actions to raise awareness on forced labour, to respond to the situation of vulnerability faced by indigenous workers, and to protect the victims identified 6) ensure that the national criminal law contains sufficiently specific provisions to enable the competent authorities to initiate criminal proceedings against the perpetrators of these practices. 21. Sudan on C122 (Employment Policy) The Government confirmed his commitment to comply with international labour standards and indicated that it had taken considerable efforts to comply with Articles 1, 2 and 3 of the Convention No The Employer members welcomed the steps the Government had taken towards the development of an active national employment policy as well as initiatives to promote economic growth, eradicate poverty, create jobs and encourage investment. They encouraged the government to implement a coordinated and transparent action plan which clarified the roles and responsibilities of the social partners and called to build the capacities of the social partners to work together to implement the national employment policy. The Workers' group invited the Government to give full implementation to the Convention by replying to the observation of the Committee of Experts and to the conclusions of this Committee. Kuwait, Nigeria, Algeria and Qatar expressed appreciation for the information provided. Conclusions: the Committee requested the Government of Sudan to 1) develop a coherent strategy, in the framework of the national policy, to promote full, productive and freely chosen employment with the participation of representatives of the most representative workers and employers organizations; 2) to continue availing itself of ILO technical assistance, so that the capacity of employers and workers representatives can be strengthened, 3) to avail itself of ILO technical assistance to implement these conclusions and achieve full, productive and freely chosen employment. 22. Turkey on C135 (Workers' Representatives) The Government pointed out that Turkey was once again placed on the agenda of the Committee as a result of a misinformed decision, if not a politically motivated one. The Worker members noted that this was the first time the Committee discussed the application of the Convention in Turkey. The moment was pertinent to discuss this issue as Turkey was