A/79/159 otherwise specified in the Conventions, including workers in the private and public sectors, non-standard forms of employment, 28 informal economy workers and those who are self-employed. 29 9. Notably, the two Conventions do not explicitly recognize the right to strike, unlike the International Covenant on Economic, Social and Cultural Rights. However, the CEACR has maintained a position that this right derives from ILO Convention No. 87, although it may be limited in exceptional circumstances, such as during a national or local crisis. 30 The right to strike is to be enjoyed by all workers, but a similar exception as in the International Covenant on Economic, Social and Cultural Rights is explicitly recognized for the police and the armed forces. 31 CEACR has also recognized an exception for workers providing “essential services” whose “interruption would endanger the life, personal safety or health of the whole or part of the population” . 32 These may include workers in air traffic control, telecommunication, fire, health and ambulance services, prison services, the security forces and water and electricity services. 33 However, sufficient protection should be given to these workers to compensate for these limitations, including access to adequate, impartial and speedy conciliation and arbitration processes. 34 10. Finally, in the context of business and human rights, while there is no direct reference to workers’ organizations and relevant rights, the United Nations Guiding Principles on Business and Human Rights underscore the importance of stakeholder engagement.35 They are considered as one of the main stakeholders for businesses when they carry out human rights due diligence 36 as well as development and operation of grievance mechanisms. 37 It is therefore clear that businesses and employers should establish good working relationships with workers’ organizations. Another important initiative is the development of an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, which is ongoing. In article 6 of the most recent draft, 38 there is reference to an obligation of States to promote the active and meaningful participation of relevant stakeholders, including workers’ organizations. Further, the Working Group on Business and Human Rights in the past recognized trade unionists as human rights defenders and has urged States to uphold their rights. 39 __________________ 28 29 30 31 32 33 34 35 36 37 38 39 6/21 According to ILO, “non-standard forms of employment” include temporary employment; part-time and on-call work; temporary agency work and other multiparty employment relationships; as well as disguised employment and dependent self-employment, see https://www.ilo.org/topics/nonstandard-forms-employment#:~:text=They%20include%20temporary%20employment%3B% 20part,employment%20and%20dependent%20self%2Demployment. CEACR, General Survey on the fundamental Conventions concerning rights at work in light of the ILO Declaration on Social Justice for a Fair Globalization, 2008 (2012), paras. 53 and 209. Ibid., paras. 117–122 and 127; and CEACR, General Survey of the Reports on the Freedom of Association and the Right to Organise Convention (No. 87), 1948 and the Right to Organise and Collective Bargaining Convention (No. 98) 1949 (1994), para. 151. Arts. 9 and 5, respectively. CEACR (1994), supra, para. 159; and CEACR (2012), supra, para. 131. CEACR (2012), ibid., para. 135. ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, 5th (revised) ed. (Geneva, 2006), paras. 595 and 596. A/HRC/17/31, annex, principles 18, 20, 21, 28, 29 and 31 and the commentaries. A/73/163, para. 45. Office of the United Nations High Commissioner for Human Rights, Access to Remedy in Cases of Business-related Human Rights Abuse: An Interpretive Guide (New York and Geneva, 2024), question 53; and commentaries on principles 29 and 30 of the Guiding Principles on Business and Human Rights (see A/HRC/17/31, annex). Available from https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/igwg transcorp/session9/igwg-9th-updated-draft-lbi-clean.pdf. A/HRC/47/39/Add.2, para. 34. 24-13043