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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