Ekin College JUNIOR MODEL UNITED NATIONS 2017 “Global Inequalities” SOCHUM SOCIAL, HUMANITARIAN AND CULTURAL COMMITTEE Topic A: Workers Rights in Developing Nations Topic B:Counter Measures Against Racism RESEARCH REPORT Destina Gürel Isabella Ece Yazıcı RESEARCH REPORT TOPIC A: Workers’ Rights in Developing Nations Introduction In developing nations, workers rights are usually falling behind on a variety of aspects. Even though the international community noticed the problem, the solutions proposed in various meeting and summits do not have a rapid effect on improving the working conditions. However, demises caused by the lack of safety precautions require immediate attention and effective solutions. Additionally, workers also suffer from poverty in these countries since many of these nations have no minimum wage or have minimum wage laws that cover only a few sectors of the work force. The larger part of these nations‟ economy is based on mining or construction, but the workplaces lack modern technology, therefore workers are exposed to various threats such as accidents caused by heavy machinery or exposure to chemicals or radiation. Definition of Key Terms Labor Rights1:Fundamental principles and rights at work. Developing Country2: According to the UN, a developing country is a country with a relatively low standard of living, undeveloped industrial base, and moderate to low Human Development Index (HDI). Human Development Index3:The Human Development Index (HDI) is a summary measure of average achievement in key dimensions of human development: a long and healthy life, being knowledgeable and have a decent standard of living. The HDI is the geometric mean of normalized indices for each of the three dimensions. Minimum Wage4: A minimum wage is the lowest payment possible, which could be paid to workers. Fair Labor Standards Act5: It is a law enacted by the congress of the United States, which establishes the fundamental standards for the working class, on matters such as minimum wage, overtime pay and youth employment. Right to Occupational Health and Safety6: This right refers to the security of the workers‟ health and safety. It is employers‟ utmost responsibility to give this right to the workers. General Overview The first important piece of labor legislation was passed in 1802 by the Parliament of the United Kingdom, with the name of „‟Health and Morals of Apprentices Act (aka The Factory Act 1802)‟‟, which aimed to prevent children from working for long hours under terrible circumstances. It was proposed by Sir Robert Peel, who was concerned about the fever outbreak in 1784, in one of his cotton mills. In the 19th century, however, the accelerated industrialization of manufacturing caused a rapid increase in child labor. The Factory Act 1819,was the result of the industrialist Robert Owen‟s efforts and it banned child labor until the age of nine and limited the working time to twelve hours a day. 1 RESEARCH REPORT With the Act of 1833,child employment was prohibited until the age of eighteen; work during the night was forbidden and inspectors were commissioned to make sure the law was enacted. In 1844,this law was amended with the Textile Factory Act, making the inspectors more powerful and requiring certified surgeons to examine workers regarding their physical suitability. From the mid 19th century, conditions of the general workforce have gained interest. Therefore the Workers Compensation (Some sort of an insurance for the workers) for preventable injuries was introduced for the first time in 1841.In 1842,the Mines Act of 1842 banned all girls and boys, who are younger than ten, from working in coalmines. The Boards of Health in England and Wales has started issuing annual reports regarding health and safety in the industry. More rigorous inspections were made from 1850‟s onwards and with the Parliamentary Act in 1855 seven more regulations were provided, relating to ventilation, fencing of disused shafts, signaling etc. Due to the discovery of a variety of hearings regarding the extent of inadequate management, a new legislation was introduced in 1872 causing the managers to take a series of exams in order to be considered as „‟qualified‟‟ by the law. Before 2004, no study regarding the employment laws in developing countries has existed with the exception of Fallon and Lucas‟ studies regarding the rigid employment laws in India and Zimbabwe. Afterwards, a variety of studies focusing on the same subject in several Latin American and Caribbean countries, have discovered inconclusive results. According to the research stated in the Journal of Comparative Economics, which focuses on the impact of the employment laws in developing countries, it can be concluded that developing countries with rigid employment laws such as Argentina, Colombia, and Perutend to have larger informal sectors and higher unemployment, especially among young workers, which means the relationship between the strictness of employment protection laws and employment was significant and negative. Therefore a number of countries in Eastern Europe and West Africahave recently undergone significant reforms to make employment laws more flexible. Conversely, several countries in Latin America have made employment laws more rigid. On the other hand, it should also be noted that no significant relationship was found in Brazil and three Caribbean countries. In 1919 the International Labor Organization was created,in order to ensure social justice among the workforce.Between January and April 1919, the Labor Commission drafted the constitution.The Commission was chaired by Samuel Gompers, the head of the American Federation of Labor (AFL) in the United States, and it was composed of representatives from nine countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States. It resulted in a tripartite organization, the only one of its kind bringing together representatives of governments, employers and workers in its executive bodies. Currently, with the force of the media, the labor unions gained more importance, therefore more power. Workers are and always will be in need of a collective voice and the bargaining power. Therefore, they play an essential role in today‟s working conditions. 2 RESEARCH REPORT Major Parties Involved and Their Views International Labor Organization (ILO) ILO is responsible from labor issues, social protection and the benefits of work. 185 of the 193 UN Member States are also members of the ILO. ILO registers official complaints against authorities that are violating international labor regulations. The main goal of ILO is to promote the labor rights. Fair Labor Association (FLA) FLA is a non-profit collaboration of universities, civil society organizations and businesses, first created in 1999 by Bill Clinton that encouraging the obedience of labor laws. International Labor Rights Forum (ILRF) ILRF is a non-profit advocacy organization that espouses for and with the working and underprivileged around the world. ILRF works to improve practical and effective tools to assist laborers in winning enforcement of protections for their basic rights, and hold labor rights violators accountable. China For the last few decades China has been the focus of many global corporations due to its low wage rates and non-rigid labor laws. Even though the workers call for better wage, hours and working conditions, China does not meet the international law standards. With the censure from the United Nations, China made a special program to transform its socialist working system into more liberal workingsystem. Russian Federation Russia has been preparing special reform programs and new regulations to improve the working conditions. Russian labor law is always shown as a perfect example for a comprehensive set of rules for the working class. Turkey Turkey is repeatedly criticized of restricting human rights. The great amount of work- related accidents is subject to criticism by many nations and organizations. Even though the government declares some new reforms, the working conditions and workplace safety do not meet the international standards. European Union European Commission has implemented new labor laws, which mainly cover working conditions and high employment rates along with strong social protection and improvement of living and working conditions. 3 RESEARCH REPORT Egypt Egypt can be a tough place for workers with its cases of police brutality, mass arrests, abductions and attempted assassinations. In June 2014, 500 workers of a national steel company protested an unpaid bonus promised to them with a two-hour strike. The company retaliated by calling the police and suspending 16 workers. Media recently reported Egypt has criminalized the strikes and will penalize striking workers by forcing them into retirement. United Arab Emirates Non-national workers make up more than 88 per cent of the population in UAE. Migrants are excluded from labor law therefore they have to go through forced labor, with very long hours and altered contracts. Migrant workers in UAE also don‟t have the right to join a union or go on strike. Saudi Arabia The situation is similar in Saudi Arabia, which employs a staggering 8.3 million migrants. Migrants make up 90 to 95 per cent of the private sector workforce but are excluded from labor law and endure forced labor. Zimbabwe Most workers in Zimbabwe are on fixed term contracts. According to labor law, fixed term contracts expire at the end of the term specified. Employment maybe terminated by mutual agreement. However, in some cases employees have been fixed term contract workers for 10-16 years. This is unfair labor practice, as workers do not enjoy the job security and benefits that come with a permanent job in a company. Peru According to Peruvian labor legislation, a subordinated work relationship arises when an individual provides personal services paid under the direction and supervision from an employer. In the private sector, the labor legislation is applicable to all workers regardless of their nationality, genre or qualification, provided that the working relationship takes place inside Peru or even abroad, if the employee has been hired in Peruvian territory and the labor relationship is kept current. Timeline of Events The historical background of an issue is crucial to understanding the issue in depth.Therefore, please provide a chronological list of events relevant to the issue at hand.Please use the following table format for the timeline. 1802 19th century 1819 1841 1842 1855 1919 ’Health and Morals of Apprentices Act Rapid Increase in Child Labor The Factory Act The Workers Compensation for preventable injuries was introduced for the first time The Mines Act banned all girls and boys, who are younger than ten, from working in coalmines. The Parliamentary Act International Labor Organization (ILO) was established 4 RESEARCH REPORT Previous Attempts to Resolve the Issue The UNGA (United Nations General Assembly) has passed several resolutions regarding labor rights. Furthermore, it regularly called upon its members to approve the “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families”, recognizing “principles and norms established within the framework of the International Labor Organization and the essentiality of the work that has been done. Another resolution has passed in ECOSOC in 2008 in regards to the promotion of full employment and decent work for all. Other than the actions of the UN, the NGO‟s have also taken an essential part in the practices of workers rights. International Labor Standards may be considered as the first important step taken towards the improvement of the working conditions of labors. Last but not least, governments‟ individual contributions decreased the severity of the matter. Such as China, Canada and Russia who have adopted their own regulations. Possible Solutions In order to cope with this particular issue, it is very essential to take measures that will ensure the safety of the workers before the working environment is established. Therefore an increase in the number of inspectors regarding the matter would very likely be an effective measure. Secondly, creating sub-organizations connected to ILO would probably be helpful to inspect all companies by dividing them. Thirdly, giving the labor unions the means to express their issues would prevent the employers from worsening the working conditions. Lastly, ifpossible, arranging perks to the companies which take the most effective measures in regards to the comfort and safety of their workers would be a better motivation to handle the problem, since prizes are psychologically more effective than punishments. 5 RESEARCH REPORT Bibliography Befort, Stephen F. -Budd, JohnW. Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus, 2009 Ewing, Keith-McColgan Aileen-Collins, Hugh, Labor Law, Cases, Texts and Materials, 2005 Fallon, Peter R. and Luis A. Riveros, „Macroeconomic Adjustment and Labor Market Response: A Review of Recent Experience in LDC‟s. „‟ In Labor Standards and Development in the Global Economy, 1990 Flanagan, Robert J.‟‟European Wage Equalization since the Treaty of Rome‟ „InLabor and Integrated Europe, 1993 Riesenhuber, Karl, Europaeisches Arbeitsrecht: Eine Systematische Darstellung, 2009 Tsogas, George, Labor Regulation in a Global Economy, 2001 1 International Labor Organization (ILO), cited by the US Department of Labor 2 O‟Sullivan, Arthur-Sheffrin, Steven M., Economics: Principles in Action, 2003 3 UNDP,Human Development Report, 2015 4 Webfinance Inc., 2016 5 Samuel, Howard, „TroubledPassage: the Labor Movement and the Fair Labor Standards Act‟ „Monthly Labor Review, 2000 6 Fanning, Fred E., Basic Safety Administration: A Handbook for the New Safety Specialist, 2003 6 RESEARCH REPORT TOPIC B: Counter Measures Against Racism Introduction Racism and racial discrimination are often used to describe discrimination on an ethnic or cultural basis, independent of whether these differences are described as racial. According to a United Nations convention, there is no distinction between the terms "racial" and "ethnic" discrimination. The UN convention further concludes that superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and there is no justification for racial discrimination, anywhere, in theory or in practice.1 Definition of Key Terms Racial Discrimination:Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, a minority received unfairly favorable treatment at the expense of a white individual. 3 Racial Segregation:Segregation is the separation of humans into ethnic or racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, riding on a bus, or in the rental or purchase of a home.4 Supremacism:Supremacism is the worldview that a particular age, race, species, ethnicity, religion, gender, social class, ideology, nation, or culture is superior to other variations of that trait, and advocates those who identify with it to dominate, control, and subjugate those who do not.5 Xenophobia:Xenophobia is the fear of that which is perceived to be foreign or strange. Xenophobia can also be exhibited in the form of an "uncritical exaltation of another culture" in which a culture is ascribed "an unreal, stereotyped and exotic quality.6 General Overview Racism is the consequence of stereotyping, prejudice and a race-based worldview, which argues that people may be divided into groups according to their race, therefore may be ranked as inferior or superior. In 1775,Johann Blumenbach divided the world‟s population into five groups according to their skin color (Caucasian-white-, Mongolian-yellow-, Malayan-brown-, Ethiopian-black- and American-red-). Racism exists for a very long period of time, however the reasoning differs according to the period of time and the living conditions. In 1969,for example, Edith Sanders cited the Babylonian Talmud, which separates people between the three sons of Noah and argues that the descendants of Ham are cursed by being black. In the 19th century, the spreading idea of nationalism merged with the idea of racism and lead to the Holocaust and various genocides. Similar to the Greeks during the ancient times who stated that they are free by nature and the non-Greeks are not (cited from the Greek philosopher Aristotle), the Nazi-Party deemed the Germans as Herrenvolk (the master race). However, this statement was not enough for them, since their aim was to 7 RESEARCH REPORT expand their territory and kill the Untermenschen (Members of the inferior races), because they believed that they had the right to do it. During the Congo Civil War (1998-2003) Pygmies (an ethnic group of people who are associated with Central Africa whose average height is unusually short) were hunted down and eaten. They were regarded as subhuman and some said that their flesh offered magical powers to those who eat them. Therefore a representative of the Mbuti pygmies, Sinafasi Makelo has asked the UNSC (United Nations Security Council) to recognize cannibalism as both a crime against humanity and an act of genocide. After the WWII (World War Two), racist ideologies were discredited on various grounds however remains widespread around the world. Major Parties Involved and Their Views Germany When it comes to racism, Germany is linked with the Herero and Namaqua Genocide between 1904-1907 and the Holocaust between 1939-1945.During the Nazi Regime, Jews were subjected to various experimentations, used as slaves and tortured. In Today‟s world, Germany accepts their previous mistakes and theHakenkreuz (aka the Gammadion Cross) are banned across the country. United States With its broad ethnic variety, United States has been trying to cope with racial discrimination since the colonial times. Privileges in such matters as education, health, voting rights and criminal procedures were given only to white Americans and not to Native Americans, African Americans, Asian Americans or Hispanic and Latino Americans. According to the surveys of various organizations, Americans still self-admit to holding discriminatory viewpoints. South Africa On March 21,1960 a crowd of approximately 6000 black protesters went to the police station, protesting the Natives Law (aka Pass Laws) which required black people to carry pass books when outside their homelands or designated areas. The South African police opened fire on the crowd, killing 69 people. (The Sharpeville Massacre) In Present Day South Africa, March 21 is celebrated as a public holiday in honor of human rights and to commemorate the Sharpeville Massacre. United Kingdom Although racial segregation and discrimination were never mandated or sanctioned by law in the United Kingdom, it was not until the 1960s that laws were passed that specifically prohibited the practice. According to the studies taken by BBC in 2014 and 2015,racism is on the rise in the UK, with more than one third actually admitting they are racially prejudiced .2 8 RESEARCH REPORT Timeline of Events 1939-1945 1950 1950 21 March 1960 1964 2001 The Holocaust The Race Question was suggested by UNESCO and signed by 21 Scholars European Convention on Human Rights was adopted The Sharpeville Massacre in South Africa Racial Segregation was outlawed by the US with the Civil Rights Act Racism was explicitly banned by the European Union Previous Attempts to Resolve the Issue The United Nations has expressed their concerns since its foundation, therefore in 2001,the World Conference against racism produced the programme called the Durban Declaration and the Programme of Action. 7* The UN Human Rights Office (UNHRO) shows support to CERD(Committee on the Elimination of Racial Discrimination), the Special Rapporteur on Contemporary Forms of racism, racialdiscrimination, xenophobia and related intolerance.The Special Rapporteur, who is an independent expert, publishes annual reports on racism, transmits urgent appeals and communications to States concerning cases of racism, racial discrimination, xenophobia and related intolerance and undertakes fact-finding country visits. The UNHRO also supports the Working Group of Experts on People of African Descent, which elaborates short, medium and long term proposals for the elimination of racial discrimination against People of African descent. These previous attempts and current applications are not effective to cope with racism, since it is so broadly merged into the daily life. Even if the governments achieve to adjust their laws accordingly, it is not easy to completely destroy the idea of racism. Possible Solutions In order to cope with the legal blanks or mistakes, an international commission could be established to assist governments in adjusting their laws in a more equal manner. However, the main aim should be the spreading of egalitarianism, fairness and tolerance. Therefore the educational curriculums should be wiped clean from messages that encourage discrimination and the community should be made awareabout misconceptions of racist, religious, and sexist stereotypes. Bibliography UN Human Rights Office of the High Commissioner, Combating Racial Discrimination 1 Office of the UN High Commissioner for Human Rights,International Convention on the Elimination of All Forms of Racial Discrimination, 2011 2 British Broadcasting Corporation, One Third of Britons Admit Being Racially Prejudiced, 2014 3 Hillstrom, Northern Lights, cited from US Legal Inc. 9 RESEARCH REPORT 4 Schill,Michael-Wachter, Susan, Principles to Guide Housing Policy at the Beginning of the Millennium, 2001 5 Merriam-Webster Inc. Dictionary 6 Bolaffi,Guido, Dictionary of race, ethnicity and culture, 2003 7*http://www.un.org/WCAR/durban.pdf (This link provides access to the Durban Declaration and the Programme of Action) 10
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