International Labour Organization Convention 190 and Recommendation 206 on Violence and Harassment: Implications for the Canadian Armed Forces.
On Day 3 of our #16DaysCampaign blog, it is time for us to connect the themes of the Campaign with our mandate: that of supporting servicewomen, women in transition out the Canadian Armed Forces (CAF), and women veterans.
In yesterday’s blog, we have discussed ILO C190 and its broad definitions of “the world of work,” “violence and harassment,” and “workers.” But does it have any relevance to the Canadian military? Despite the armed forces having specific regulations and being a unique workplace, ILO C190 and R206 can teach a lot to the CAF.
A servicemember is not any employee. When a person joins the CAF as a member of the Regular Force, they accept to have their identity and their selves reshaped to serve the institution; they abide to the principles of “unlimited liability” (meaning that they agree that the orders they receive can lead them to injury or to their death) and “universality of service” (i.e., that they need to be deployable at all times). Servicemembers enter a world of work that highly regulates their lives and that becomes an inherent part of their identity. The phrase “persons working irrespective of their contractual status” is highly applicable to a servicemembers.
Additionally, ILO C190 says to encompass “all sectors, whether private or public, both in the formal or informal economy, and whether in urban and rural areas.” In the Canadian Forces Employment Equity Regulations (a piece of legislation that adapts the requirements of the Employment Equity Act to the specific limitations of operational effectiveness), servicemembers are referred to as “employees,” and “the Canadian Forces have been specified as a portion of the public sector employing one hundred or more employees.” And, as it is the case of over federal employees, it is the Treasury Board that regulate the pay and allowances, as well as the forfeitures and deductions thereof, of servicemembers. In that sense, the ratification of C190 means that changes to the way the CAF handles violence and harassment in its ranks.
When it comes to violence and harassment, the definition offered in C190 and by the CAF are quite similar. On one hand, the ILO Convention establishes 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. (art. 1)
On the other hand, Defence Administrative Order and Directive (DAOD) 5012-0, “Harassment Prevention and Resolution” defines harassment as:
Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm.
Despite this extensive definition and clear measures for prevention, including having a clear policy on harassment, ensuring that the CAF’s culture is not conducive to harassment, possibilities of mediation, the “duty to report” any instances of harassment (which are measures outlined in C190 as well), DAOD 5012-0 has proven itself not to be sufficient to combat violence and harassment in the ranks.
As the next blogposts will examine in greater depth, the CAF has been struggling with gender-based violence for several decades now. These upcoming posts will reveal issues with monitoring, accountability, and protection from retaliation – all of which C190 requires ratifying nations to implement. In terms of the mechanisms put in place to prevent and punish violence and harassment, the CAF is lagging behind. And these gaps have real human consequences, which will also be explored in the following days.
As such, these small overviews will further demonstrate the necessity of ratifying ILO C190, as its provisions is yet another tool to hold government accountable, but this time at the international level as well. Educating populations about the legislation in place to combat violence and harassment, including gender-based violence and harassment, is a form of advocacy that can promote accountability. As well, ratifying an international convention such as C190 increases scrutiny from external bodies.
Comments
Post a Comment