A/79/159
I. Introduction
1.
Workers’ organizations, including trade unions, are commonly established and
run by workers in order to protect and advance their labour rights. Globally, they aim
to secure access to decent work and advocate for gender equality, non -discrimination
and the well-being of workers and their families. The International Labour
Organization (ILO) engages with workers’ organizations as one of its three core
constituencies under the tripartite structure. This report is aimed at complementing
the important work undertaken by ILO, the International Trade Union Confederation
(ITUC) and workers’ organizations at the local and national levels in addressing
contemporary forms of slavery directly or indirectly.
2.
To inform his research, the Special Rapporteur on contemporary forms of
slavery, including its causes and consequences, issued a call for input to a wide range
of stakeholders, including Member States, workers’ organizations, national human
rights institutions, civil society organizations, United Nations entities and regional
human rights bodies. He wishes to thank all entities and individuals who responded
and welcomes the engagement demonstrated in the process. 1 The Special Rapporteur
also drew on information gathered from desk research and consultations with multiple
stakeholders.
II. International and regional human rights and labour
standards on workers’ organizations
3.
International human rights law recognizes workers’ organizations as entities that
play a vital role in promoting and protecting workers’ rights. In that regard, their rights
to function freely, establish national federations or confederations, and form or join
international workers’ organizations are clearly spelled out in article 8 of the
International Covenant on Economic, Social and Cultural Rights. The right of everyone
to form and join workers’ organizations and to strike is also affirmed in the same article.
That means, among others, that workers must be able to freely join organizations of
their choice, including those that are independent from the Government 2 and not face
criminal prosecution and punishment for taking part in lawful activitie s. 3 Regionally,
these rights are recognized in article 11 (1) of the Convention for the Protection of
Human Rights and Fundamental Freedoms (European Convention on Human Rights),
article 8 of the Additional Protocol to the American Convention on Human Rights in
the Area of Economic, Social and Cultural Rights, article 27 (2) of the Association of
Southeast Asian Nations Human Rights Declaration, and article 35 (1) of the Arab
Charter on Human Rights recognize these rights. 4
4.
Article 8 should be read in conjunction with articles 6 and 7 of the International
Covenant. In this regard, the Committee on Economic, Social and Cultural Rights has
clearly acknowledged the fundamental role of workers’ organizations in defending the
right to work at local and national levels, particularly for disadvantaged and
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2
3
4
24-13043
All submissions received are available at https://www.ohchr.org/en/calls-for-input/2024/callinput-role-workers-organisations-preventing-and-addressing-contemporary.
E/C.12/CHN/CO/3, para. 56; and E/C.12/BLR/CO/7, para. 28.
E/C.12/KAZ/CO/2, para. 33.
The African Charter on Human and Peoples’ Rights does not explicitly codify the right to form
and join trade unions; however, according to the Guidelines for National Periodic Reports, States
should report on the right to form and join trade unions, the right of trade unions to function
freely and the right to strike in the periodic reports required under art. 62 of the African Charter
on Human and Peoples’ Rights. See Guidelines for National Periodic Reports, available at
https://achpr.au.int/en/documents/1989-04-14/guidelines-national-periodic-reports.
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