A/79/159 were dismissed for taking part in union activities do not have access to legal remedies. 148 Obstacles in accessing justice and remedies by workers and workers’ organizations have been reported in multiple countries, including, Eswatini, Fiji, Tunisia and Türkiye. 149 C. Intersecting forms of discrimination and marginalization 39. Certain groups of workers continue to experience obstacles in exercising trade union rights due to structural discrimination and marginalization, which in turn increases their victimization in contemporary forms of slavery. The limited enjoyment of these rights by female workers is a case in point. They carry a disproportionate share of unpaid care and domestic work and their time and opportunities to engage with workers organizations, including assuming a leadership position, are reduced as a result. 150 Domestic labour laws may also exempt certain sectors where female workers constitute large proportions of the workforce, such as agriculture and domestic work, from labour protection, including trade union rights. 151 40. The experience of workers belonging to minority groups should also be highlighted. In Asian countries such as Bangladesh, India, Nepal, Pakistan and Sri Lanka, freedom of association and the right to collective bargaining are persisting challenges for most workers from oppressed castes such as Dalits. Even when workers are legally permitted to join unions, workers’ organizations themselves may be divided along caste lines, with those from the most disadvantaged castes having the least bargaining power. 152 Gender dimensions must also be emphasized, as Dalit women experience additional obstacles as they are less likely to be able to exercise trade union rights for various reasons. 153 Migrant workers are also disadvantaged when it comes to exercising trade union rights as noted above. Even in States where they can exercise these rights, migrant workers are less likely to engage with workers’ organizations due to concerns about potential blacklisting by recruiters or dismissal by employers. 154 Language barriers, a limited social network and a lack of access to information about their rights constitute additional challenges for them. 155 41. In addition, workers in remote or rural areas and in special economic zones also face challenges. With regard to remote or rural areas, particularly affected sectors include agriculture, construction, fishing and natural resource extraction, where workers are not able to unionize and are cut off from channels to report human rights abuses due to their locations. 156 Indigenous peoples constitute a pertinent example as they often work in these areas in various parts of the world. 157 In special economic zones, including those of Bangladesh, Ethiopia, Haiti, Jamaica and Kenya, workers are reportedly unable to exercise fully their right to collective bargaining and freedom __________________ 148 149 150 151 152 153 154 155 156 157 24-13043 E/C.12/IRQ/CO/5, para. 30. CEACR, Observations on Eswatini, Fiji, Myanmar, Türkiye and Tunisia, (Convention No. 87) adopted 2023, published 112th ILC session (2024) available from Normlex Database. A/75/184, paras. 42 and 66; and A/HRC/44/51, para. 53. A/HRC/44/51, para. 52. Submission by International Dalit Solidarity Network. Ibid.; and submission by Anti-Slavery International. Submissions by ITUC, Freedom Network USA, and Netherlands Trade Union Confederation. ITUC also indicated that similar challenges were encountered by the operational aspects of the peer-to-peer website Recruitment Advisor platform (www.recruitmentadvisor.org) aimed at migrant workers as main user. Submission by Migrants-Rights.org. Submission by Freedom Network USA. Ibid. 17/21

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