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ILO Violence and Harassment Convention will enter into force in June 2021

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Guy Ryder and Ambassador Nazhat Shameem Khan. Photo: ILO

Fiji has become the second country to ratify the ILO’s Violence and Harassment Convention, 2019 (No. 190)  , after Uruguay  did so on 12 June . With the deposit of this second ratification, the Convention will enter into force on 25 June 2021.

Ambassador Nazhat Shameem Khan, Permanent Representative of Fiji to the United Nations Office and Other International Organizations in Geneva, deposited the ratification instrument with ILO Director-General, Guy Ryder, in a virtual ceremony.

“This ratification is a testament of the Government’s commitment to equality as is enshrined in the Fijian Constitution, and ratification is also consistent with Fiji`s membership of the Human Rights Council. Ratification of Convention 190 demonstrates Fiji’s willingness to lead the way in committing to international standards and best practices,” said Ambassador Khan.

“This Convention is timely and highly applicable to address real challenges in the world of work today such as violence, harassment and intimidation. We note in particular the inclusivity of the Convention. It purports to protect and empower all those who are the subject of bullying and harassment at work, including women. The Convention encompasses the intersectionality of the sources of discrimination, thus encompassing the reality of the lives of many workers,” she added.

Adopted by the International Labour Conference in June 2019 , Convention No. 190 is a landmark instrument. It is the first international labour standard to address violence and harassment in the world of work. Together with Recommendation No. 206 , it provides a common framework for action and a unique opportunity to shape a future of work based on dignity and respect. The Convention affirms that everyone has the right to a world of work free from violence and harassment. It includes the first international definition of violence and harassment in the world of work, including gender-based violence.

The Convention recognizes that violence and harassment in the world of work “can constitute a human rights violation or abuse…is a threat to equal opportunities, is unacceptable and incompatible with decent work.” It defines “violence and harassment” as behaviours, practices or threats “that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm.” It reminds member States that they have a responsibility to promote a “general environment of zero tolerance”.

“I am extremely pleased to receive this instrument of ratification, which bears witness to the commitment of the Government of Fiji to combatting violence and harassment in all its forms in the world of work. I note in addition that this ratification was unanimously approved by the Fijian Parliament on 28 May 2020,” said ILO Director-General Guy Ryder.

“This ratification marks an important step towards the achievement of decent work, particularly in these unprecedented times in which the world is struggling to overcome and recover from a global pandemic. In times of crisis and economic insecurity, the risk of violence and harassment escalates, as has been so evident during this devastating pandemic. Violence and harassment is unacceptable at any time; it is clear that Convention No. 190 has a crucial role to play, whether in times of prosperity or during times of crisis. For a human-centred response and recovery, free from violence and harassment in the world of work, Convention No. 190 provides a clear and practical roadmap,” added Ryder.

Fiji has also ratified the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (P. 155),  becoming the 13th country  worldwide to do so.

The Protocol recognizes the important role of reliable statistical data in achieving progress on occupational safety and health. In particular, it reinforces the provisions of the Occupational Safety and Health Convention, 1981 (No. 155)  ratified by Fiji in 2008 regarding recording and notification of occupational accidents and diseases as well as the publication of national statistics. These two instruments serve as a blueprint, along with the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) , for setting up and implementing comprehensive national occupational safety and health systems, based on prevention and continuous improvement.

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Human Rights

No safe harbour: lifting the lid on a misunderstood trafficking crime

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photo © UNICEF/Noorani

The crime of harbouring, in which victims of human trafficking are accommodated or forced to stay in a specific location, is not universally understood by courts around the world. A new UN study aims to address that issue, and improve protection for victims.

A journey of exploitation

Harbouring is one of five actions that constitute an ‘act’ in the internationally recognised definition of human trafficking, and is often used by prosecutors and judges for convictions of this crime.

The act can take place before and during exploitation, or between periods of abuse, encompassing a wide variety of settings, including brothels, private homes, factories, farms, or fishing vessels.

These locations can be dangerous, inhumane and unsanitary, and cn be controlled by criminals involved in the trafficking network.  

In another case, victims who had been brought from Thailand to Australia were harboured during transit and at the place of exploitation: while being transported the victims were accommodated in hotels and accompanied by minders.

Once they were received by the offenders, the victims were either accommodated in the brothel where they were forced to work, or alternatively stayed at the offenders’ house, and were transported to and from the brothel each day.

Trafficking victims can also be subjected to harbouring once they arrive at the place of exploitation. In a case from the Dominican Republic, the offenders, a married couple, recruited a Chinese national to work in their business.

They promised to pay her and provide her with food. Instead, she was not paid, forced into domestic servitude and subjected to abuse.

A misunderstood concept

However, a new publication from the UN Office on Drugs and Crime (UNODC) has found that there is neither a uniform understanding of the act of harbouring, nor a consistent approach to this concept during court proceedings.

“Harbouring is one of the most frequent acts when committing human trafficking, but the concept is not interpreted in the same way throughout the world,” says Martin Hemmi, the UNODC expert who led the study. 

“Some countries require the victims to be concealed or moved between locations for harbouring to be considered as an act of human trafficking. Others stipulate a minimum amount of time for the harbouring process,” adds Mr. Hemmi. “It is important to fully understand the concept to get justice for victims of this crime.”

The language barrier

Further findings show there are different meanings of the word ‘harbouring’ in the various language versions of the UN Trafficking in Persons Protocol,  which is the world’s primary legal instrument to combat this crime.

In French and Arabic, the word used for harbouring has a positive connotation in the sense of hosting, while in English, Chinese and Russian, it can be perceived as having a negative meaning in the sense of hiding or concealing.

“Due to these discrepancies, the same conduct is considered human trafficking in one country but not necessarily in another,” says Mr. Hemmi.  

“This has wide consequences. For the perpetrator, it can have an effect on the sentence. For the victim, it has an impact on rights and protection measures. For the courts, it can hamper requests for legal assistance and international cooperation.” 

Wherever and however it occurs, harbouring with the intent of exploitation is an act of human trafficking and a violation of the victim’s rights and dignity, says Martin Hemmi.  

“We hope that our new study will be used by investigators, prosecutors and judges to lead to a better understanding of this terrible crime and support measures to effectively protect victims and punish traffickers,” he concludes.

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EU Politics

Conditions worsen for stranded migrants along Belarus-EU border

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At least eight people have died along the border between Belarus and the European Union, where multiple groups of asylum-seekers, refugees and migrants have been stranded for weeks in increasingly dire conditions. 

The UN Refugee Agency, UNHCRappealed for urgent action on Friday, to save lives and prevent further suffering at the border with Latvia, Lithuania, and Poland. The latest casualty was reported within the past few days. 

UNHCR warned that the situation will further and rapidly deteriorate as winter approaches, putting more lives in danger. 

For the Agency’s Regional Director for Europe, Pascale Moreau, “when fundamental human rights are not protected, lives are at stake.” 

“It is unacceptable that people have died, and the lives of others are precariously hanging in the balance. They are held hostage by a political stalemate which needs to be solved now,” he said. 

According to media reports, the EU regards the increase in asylum seekers at the border, a direct result of Belarus, in effect, weaponizing migrants, in retaliation for sanctions placed on the Government over the suppression of the protest movement following last year’s disputed re-election of President Lukashenko.  

International group 

Among those stranded are 32 Afghan women, men and children. They have been left in limbo between Poland and Belarus since mid-August, unable to access asylum and any form of assistance. They do not have proper shelter and no secure source of food or water. 

A group of 16 Afghans tried to cross into Poland this week, but they were apprehended and not allowed to apply for asylum. They were also denied access to legal assistance. Within a few hours, they were pushed back across the border to Belarus. 

So far, UNHCR has not been granted access to meet with the group from the Polish side, despite repeated requests, and only met them a few times from the Belarusian side to deliver life-saving aid. 

International law 

The Agency has been advocating for the group to be granted asylum, since the Afghans have expressed their wish to settle either in Belarus or in Poland. 

The request has been ignored by both sides. For UNHCR, that is “a clear violation of international refugee law and international human rights law.” 

“We urge Belarus and Poland, as signatories to the 1951 Refugee Convention, to abide by their international legal obligations and provide access to asylum for those seeking it at their borders.  

“Pushbacks, that deny access to territory and asylum, violate human rights in breach of international law”, said Mr. Moreau. 

UNHCR urges the authorities to determine and address humanitarian and international protection needs, and find viable solutions. The agency also stands ready to support refugees, together with other relevant stakeholders. 

“People must be able to exercise their rights where they are, be it in Belarus or in Poland or other EU States where they may be located. This must include the possibility to seek asylum, access to legal aid, information and appropriate accommodation”, Mr. Moreau concluded. 

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Africa Today

Madagascar: Severe drought could spur world’s first climate change famine

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Children under five are among the most affected by malnutrition in southern Madagascar. © WFP/Tsiory Andriantsoarana

More than one million people in southern Madagascar are struggling to get enough to eat, due to what could become the first famine caused by climate change, according to the World Food Programme (WFP). 

The region has been hit hard by successive years of severe drought, forcing families in rural communities to resort to desperate measures just to survive. 

Madagascar, the fourth largest island in the world, has a unique ecosystem which includes animals and plants found nowhere else on the planet. The country experiences a dry season, usually from May to October, and a rainy season that starts in November.  

Daily life disrupted 

However, climate change has disrupted the cycle, affecting smallholder farmers and their neighbours, said Alice Rahmoun, WFP Communications Officer in the capital, Antananarivo, speaking to UN News on Thursday. 

“There is of course less rain, so when there is the first rain, they can maybe have hope and sow some seeds. But one little rain is not a proper rainy season,” she said.  

“So, what we can say is that the impacts of climate change are really stronger and stronger….so harvests fail constantly, so people don’t have anything to harvest and anything to renew their food stocks.” 

Varying impacts 

Ms. Rahmoun was recently in southern Madagascar, where WFP and partners are supporting hundreds of thousands of people through short and long-term assistance.   

The impact of the drought varies from place to place, she said. While some communities have not had a proper rainy season for three years, the situation might be even worse 100 kilometres away.  

She recalled seeing villages surrounded by dried-out fields, and tomato plants which were “completely yellow, or even brown”, from lack of water.  

Surviving on locusts 

“In some areas they are still able to plant something, but it’s not easy at all, so they are trying to grow sweet potatoes.  But in some other areas, absolutely nothing is growing right now, so people are just surviving only eating locusts, eating fruits and cactus leaves,” said Ms. Rahmoun.   

“And, just as an example, cactus leaves are usually for cattle; it is not for human consumption.”   

The situation is even more dire because, she added, “even the cactus are dying from the drought, from the lack of rain and the lack of water, so it’s really, really worrying”. 

Families barely coping  

The plight of families is also deeply troubling. “People have already started to develop coping mechanisms to survive,” she said.  

“And that means that they are selling cattle, for example, to get money to be able to buy food, when before, they were able to get food and feed themselves from their own field production, so it’s really changing the daily life for people.” 

Valuable assets such as fields, or even houses, are also put up for sale.  Some families have even pulled their children out of school. 

“It’s also a strategy right now to gather the family’s forces on finding income-generating activities involving children, so this has obviously a direct impact on education,” Ms. Rahmoun said. 

Providing life-saving aid 

WFP is collaborating with humanitarian partners, and the Malagasy Government, to provide two types of response to the crisis.  Some 700,000 people are receiving life-saving food aid, including supplementary products to prevent malnutrition. 

“The second one is more long-term response to allow local communities to be able to prepare for, respond to and recover from climate shocks better,” said Ms. Rahmoun. “So, this includes resilience projects such as water projects.  We’re doing irrigation canals, reforestation and even microinsurance to help smallholder farmers to recover from a lost harvest, for example.” 

WFP ultimately aims to support up to one million people between now and April, and is seeking nearly $70 million to fund operations.  “But we are also involving more partners to find and fund climate change solutions for the community to adapt to the impacts of climate change in southern Madagascar.” 

COP26: Prioritize adaptation 

In just over a week, world leaders will gather in Glasgow, Scotland, for the COP26 UN climate change conference, which UN Secretary-General António Guterres has called the last chance to “literally turn the tide” on an ailing planet. 

Ms. Rahmoun said WFP wants to use the conference to shift the focus from crisis response, to risk management.  

Countries must be prepared for climate shocks, and they must act together to reduce severe impacts on the world’s most vulnerable people, which includes the villagers of southern Madagascar. 

“COP26 is also an opportunity for us to ask governments and donors to prioritize funding relating to climate adaptation programmes, to help countries to build a better risk management system, and even in Madagascar, because if nothing is done, hunger will increase exponentially in the coming years because of climate change,” she said, adding: “not only in Madagascar, but in other countries.”

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