ITUC HIV/AIDS Plan on Action
2010-2011
A1-02570
Trade union training on OSHE and HIV/AIDS (African and
Caribbean)
ILO ACTRAV Turin 27/09-08/10/2010
Zuzanna Muskat-Gorska
Global Trade Union HIV/AIDS Coordinator, ITUC
www.ituc-csi.org
ITUC HIV/AIDS plan of
actions - Key principles
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HIV/AIDS is a social issue (not purely medical issue)
HIV/AIDS is a workplace issue
HIV/AIDS is a trade union issue
A rights-based and gender-sensitive approach;
Non-discrimination in the world of work;
Social justice and social inclusion
Focus on HIV prevention
Promoting strategic partnerships at global, regional and national
levels.
www.ituc-csi.org
2010 ITUC Vancouver Congress Resolution
on Fighting HIV/AIDS p. 2
Congress instruct the ITUC and regional organizations (...) to:
• Raise HIV/AIDS to greater prominence on the trade union
agenda
• (...) educate, promote, develop understanding and commitment
• Promote campaigns that ensure appropriate legislation on
HIV/AIDS (...)
• Promote the fullest and most effective implementation of the
R200
• Engage employers’ organizations
• Combat discrimination
• Strengthen partnerships
• Support trade union access to GF financing
• Address (...) the problem of pharmaceutical patent protection
• Network building
• Integrate the gender dimension
www.ituc-csi.org
ITUC HIVAIDS network grid
Level of action
international
regional
national
Structure
Establish global structures
Connect regional focal points
Establish regional structures
Connect national focal points
Establish national focal points
Mapping
Global mapping:
-activities regions
-activities partners
Regional mapping:
-activities national centres
-activities partners
National mapping:
-activities national affiliates
-activities partners
Communication
Establish global
communication platform
Global/regional/national
Establish regional
communication platform
Regional/national/global
Establish national
communication platform
National/global/regioanl
Mainstreaming TU
Build priority in TU movement
globally
Build priority in TU movement
regionally
Build priority in TU movement
nationally
Reaching law and
policy makers
Global level- international
labour standards on HIV/AIDS
at work
Regional level – reaching
regional Gov structures
-eg. Africa: AU, SADC etc.
National level
- reaching the Government
eg. HIVAIDS law and policy
Making alliences,
advocacy outside
Reaching partners globally
Reaching partners regionally
Reaching partners nationally
What do we want to do with R200?
• Build profile of HIV/AIDS within the TU movement (leadership,
members)
• Demand national follow up - Influence national policy
• Take the lead on workplace HIV/AIDS action – R200
recognizes its importance
• Demand international follow up – reporting, ILO monitoring
system, UNGASS, UNAIDS/UNDP...
• Document HIV related discrimination cases
www.ituc-csi.org
Does everyone love the Recommendation?
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“HIV/AIDS is not a workplace issue”
“Recommendation is not an obligatory instrument”
“In our country there is no need for a new policy”
“We want to work with MARPs (drug users, sex workers, MSM).
TUs do not work with them” (GF, PEPFAR, UNAIDS)
• ”We are winning on HIV/AIDS. Treatment is there”
(We are not. Inequality of access to prevention and treatment, drug
resistance, crisis and funds, food crisis, stigma (health workers),
no confidentiality, no job security)
• “TUs discriminate against HIV+ workers”
• “Employers cannot be burdened with financial burdens”
• “Our Government cannot afford financing or follow up”
www.ituc-csi.org
R200 – reporting phase action
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Governments obliged to bring R200 before the competent
authority 17.06.2011 or (federal) 17.12.2011
Report back to ILO on what?
What the G recommends and what Parliament does –
depends on lobbying!
Danger:
- Government passive (no recommendation)
- Parliament passive (no decision about action – “no action
needed to implement the R200”)
- Recommendation stays in the closet
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Reporting phase 2010-2011:
Unique opportunity – will not happen again
www.ituc-csi.org
Follow up – ILO Constitution
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Article 19. 6. In the case of a Recommendation:
(a) the Recommendation will be communicated to all Members for their
consideration with a view to effect being given to it by national legislation
or otherwise;
(b) each of the Members undertakes that it will, (...)bring the
Recommendation before the authority or authorities within whose
competence the matter lies for the enactment of legislation or other action;
(c) (...)
(d) apart from bringing the Recommendation before the said competent
authority or authorities, no further obligation shall rest upon the
Members, except that they shall report to the Director-General of the
International Labour Office, at appropriate intervals as requested by the
Governing Body, the position of the law and practice in their country in
regard to the matters dealt with in the Recommendation, showing the
extent to which effect has been given, or is proposed to be given, to the
provisions of the Recommendation and such modifications of these
provisions as it has been found or may be found necessary to make in
adopting or applying them.
www.ituc-csi.org
Follow up – R200 +Resolution
R200
(See Paragraphs 50 and 51 of R200)
procedures should be established at the national level to monitor
how the national policies and programmes called for in the
Recommendation are being implemented
Resolution
Resolution point 6. Invites the Governing Body to request regular
reports from member States under article 19 of the ILO
Constitution as part of the existing reporting mechanisms, in
particular General Surveys. Governments' reports relating to HIV
and AIDS should be prepared in consultation with the most
representative employers' and workers' organizations, including
details of progress made and, where possible, examples of good
practice.
www.ituc-csi.org
Opportunity for Action
Demand that the Government
• is proactive - proposes to the Parliament to revise and adopt a national
workplace HIV/AIDS policy and a strategy for its implementation;
• an authority responsible for a national level follow-up of the
implementation of the Rec200 is established;
•prepares a plan of promotion activities to inform the public about the
new Recommendation;
•organizes a tripartite meeting to discuss the demands
send the comments on the current situation with regards HIV and AIDS
in the workplace,
send a model national workplace HIV and AIDS policy as a proposal
for regulation.
www.ituc-csi.org
What we will ask for:
• That a national workplace HIV/AIDS policy and its
implementation strategy is established/updated – by
17.06.2011/17.12.2011
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What we can possibly get:
That the Parliament decides to start the process of
considering adoption/revision of the national workplace
HIV/AIDS policy
www.ituc-csi.org
What if the Government responds “we have
already submitted the Rec200 to the
competent authority and its decision was not to
do anything at this stage”
The question is closed for the 1st level of action
- the stage of submission to the competent authority
cannot be used anymore
-the formal obligation of the Government has been
fulfilled and ILO does not have a mandate to examine the
decision substantially (eg. to say “we do not accept this
report)
However, the question is not closed– we move the the
2nd level of action
www.ituc-csi.org
Plan of action
• 1st contact – October 2010
• 2nd contact (especially if no reaction)
– December 2010
• 3rd contact – March 2011
www.ituc-csi.org
Step 1
1st letter – end of September 2010 (consider submission together with
employers, NGOs, where possible)
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please inform us about your planned recommendation of action to the
Parliament…
we demand to be involved (presentation and proposal should be made
in consultation – ILO Constitution, C144, majority vote etc.)
we demand a proactive proposal
our proposal is to:
• have a meeting and check together whether the
Recommendation is already implemented or not – and how it
could be implemented in our country. We propose to use the
Government’s 2007 report on law and practice as
a starting point and built on it and evaluate what has
happened since
www.ituc-csi.org
Step 2
• 2nd letter – December 2010 – follow up if
nothing happens
• Building Partnerships
• Considering the screening of the national
level law and practice – identification of
gaps with regards the new Standard
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www.ituc-csi.org
Screening of law and practice
• The screening of national level law and practice has already
taken place in 2007. The replies were summarized in the ILO
White Report.
• That means that in the majority of countries a such a report
exist. If not already given to trade unions, the Government had
an obligation to give it if asked.
• In case of problems, trade unions can also ask ILOAIDS to get
the copy of the 2007 report. They are in principle not secret, but
they are not published.
• The 2007 Report can serve as a starting point for the national
level discussion on implementation of the Rec200.
www.ituc-csi.org
Step 3
• 3rd letter – March 2011 – minimum action if
nothing happens
• “As your report is due 16.06.2010…..”
www.ituc-csi.org
Presentation of the standard - Involving trade
unions
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ILO Constitution – spirit of tripartite behaviour
Convention 144 - If the country ratified C144 –a tripartite
committee should be created in order to conduct
presentation of the new Standard to the Parliament. The
proposals to be made to the Parliament in connection with
the submission of the Recommendation should be made
in consultation with social partners (Article 5 (1) (b). Also,
according to the Article 4 of C144, “The competent
authority shall assume responsibility for the administrative
support of the procedures provided for in this Convention.
Appropriate arrangements shall be made between the
competent authority and the representative organisations,
where such organisations exist, for the financing of any
necessary training of participants in these procedures”.
Opportunity – more than 125 countries ratified C144!
www.ituc-csi.org
Actions 2010 - 2011
1. R200 – Reporting phase action
2. Gathering of HIV related workplace discrimination cases
1. Committee of Experts Report on Discrimination Convention no 111?
2. UNAIDS/UNDP Global Commission on HIV and the Law?
3. Promotion of R200
1. Building priority of HIV/AIDS within TU movement
2. Taking the lead on workplace action on HIV/AIDS
4. Working on international follow-up
1. ILO General Survey?
2. UNGASS reporiting?
www.ituc-csi.org
Contact
Zuzanna Muskat-Gorska
ITUC
[email protected]
Tel: +32 2 224 02 35
www.ituc-csi.org