International Labour Organization Convention 190 and Recommendation 206 on Violence and Harassment: Implications for Canada.

International Labour Organization (ILO) Convention 190 (C190) and Recommendation 206 (R206) are two critical international treaties whose ratification is necessary to support the fight against gender-based violence in the world of work.

But Canadians cannot advocate for #RatifyILO190 without understanding its content and implications for the government of Canada. Our team would also argue that ratifying ILO will have a significant impact on the Canadian Armed Forces. 

Convention 190, passed on June 21, 2019, concerns violence and harassment in the world of work, and constitute a watershed moment in the international rights of workers. C190 calls for “all actors in the world of work” to “refrain from, prevent and address violence and harassment.”

The Convention contains several definitions that need discussion. First, it defines violence and harassment as a:

range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result of, are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.

And gender-based violence is defined as: “violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment.” (art. 1). 

Finally, the Convention applies to:

all workers and other persons in the world of work, including employees defined by national laws and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, jobseekers, and job applicants, and individuals exercising the authority, duties or responsibilities of an employers (art 2).

And just as the term “worker” encompasses a wide range of individuals, the Convention targets violence and harassment that happen: 

•  in the workplace;
• “in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities; 
•  during work trips, travels, training, event, social activities,
• in employer-provided accommodation
• commuting to and from work.” (art. 3)

These definitions call for a wide range of policies that would help prevent violence and harassment in many environments related to paid and unpaid labour, and in a variety of work-related environments. 

As well, gender is understood in larger terms: the ILO makes a clear distinction between gender (socially constructed understandings of women and men, as well as the expression of identity that does not fit within those general constructs) and sex (biological and physical expression of female or male). This means that the ILO and the signatories of C190 recognize that gender-based violence and harassment does not only target females, but also all women- and men-identifying individuals, as well as non-binary individuals. What makes violence gender-based is its intentions, its impacts, and its victims

While gender-based violence is a form of violence whose expression is determined on the gender of the victims (for example, honour killings only impact women, and the practice of bacha bazi only impacts boys), it disproportionately impacts women and girl. 

The United Nations has recognized that gender-based violence during conflicts impacts women more than men, through the United Nations Security Council Resolution (UNSCR) 1325 and subsequent resolutions, from 2000 on. These resolutions have jumpstarted the Women, Peace and Security (WPS) Agenda, which seeks to improve women’s participation in the resolution of conflicts, peacemaking, and peacebuilding. A lot of countries and their armed forces, including Canada and the Canadian Armed Forces, have made the pledge to advance the WPS agenda through National Action Plans and initiatives across the world. 

But, by recognizing the incidence of gender-based violence in the world of work, ILO C190 underlines the important fact that violence can happen in a large range of environments, including in times of peace. Such an acknowledgement is all the more crucial for countries that contribute to fighting gender-based violence in conflicts and to increasing women’s “meaningful participation” in international security, and whose foreign aid is in part aimed at advancing women’s rights in other countries (which is the case for Canada).

For those countries to be credible in their endeavours abroad and show leadership in their pursuit of the WPS agenda, they need to make sure the proper mechanisms to fight gender-based violence are in place at home. 

In the case of Canada, many of these mechanisms are missing, according to the Human Rights Council Rapporteur’s report. Following her visit to Canada in April 2018, she observed some critical gaps in the countries’ measures to protect its citizens from gender-based violence. Despite constitutional protections and ratification of women’s rights conventions, Canada has yet to fully implement protection from violence and discrimination, especially for individuals for intersecting identities. In the world of work, legislation is even more meager and does not take into account part-time and informal work, and excludes migrant workers. 

As such, ILO C190 and R206 are milestone when it comes to the protection of workers, and it is in Canadians’ interests for the government to #RatifyILO190 it and implement its provisions. This is what the 16 Days Campaign aims to do: raise awareness and advocate to create accountability.