A/79/159
organizations also monitor workplaces and report any identified human rights
abuses; they support victims and contribute to their protection; they influence
policy and legislation; they engage in partnerships with Governments, civil
society organizations, businesses and employers and international organizations
to promote workers’ rights; and they support workers’ access to justice and a
remedy through domestic courts as well as international bodies including the
ILO supervisory system and the United Nations system.
45. Yet workers’ organizations and their members face a number of challenges
in fulfilling their mandates, ranging from harassment and anti-union
discrimination to threats and the use of violence. It is also clear that certain
categories of workers face significant barriers in exercising trade union rights
due to intersectional forms of discrimination and marginalization. They include
female workers; seasonal and other migrant workers; indigenous workers;
workers belonging to minority groups; workers in the informal economy,
non-standard forms of employment and digital labour markets; domestic
workers; sex workers; and workers in rural or remote areas. Particular
consideration needs to be given to encourage collective agency from these
workers, and workers’ organizations would also benefit from increased diversity
among their membership and leadership. Contemporary forms of slavery can
only be prevented when all workers have the right to speak with a collective voice
without discrimination, and when their rights to form and join workers’
organizations and engage in collective bargaining under ILO standards are
realized fully in law and in practice. It is essential that States, businesses and
employers, civil society organizations and the international community recognize
the role of workers’ organizations and build and maintain a constructive working
relationship with them.
VI. Recommendations
46. The Special Rapporteur on contemporary forms of slavery, including its
causes and consequences, makes the following recommendations to
Governments:
(a) Ratify and fully implement all relevant ILO Conventions, particularly
the Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87) and the Right to Organise and Collective Bargaining Convention,
1949 (No. 98);
(b) Recognize and protect trade union rights for all workers in law and
practice without discrimination of any kind;
(c) Ensure that any restriction on trade union rights is narrowly defined
and applied in law and practice;
(d) Recognize the existence of workers’ organizations without any
restrictions or hurdles and respect their independence;
(e) Refrain from arbitrarily interfering with workers’ organizations and
workers exercising their trade union rights;
(f) Prohibit anti-union discrimination and strengthen accountability for
public authorities, businesses and others who arbitrarily or unlawfully interfere
with the activities of workers’ organizations and prevent workers from
exercising trade union rights;
24-13043
19/21
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