Special issue 60th Anniversary of the Universal ... - UN Russia

adoption of the Forced Labour Convention,1930 (No. 29) followed the 1926 SlaveryConvention of the League of Nations, withthe main purpose at that time of putting anend to the practice of compulsory labourused by colonial powers in their colonies.However, it remains fully valid for independentcountries. The Convention providesin particular a definition of forcedlabour, which needs to be suppressed as “allwork or service, which is exacted from anyperson under the menace of any penaltyand for which the said person has notoffered himself voluntarily”. It includes alimitative list of circumstances in whichwork can nonetheless be imposed, such ascompulsory military service, as a consequenceof conviction in a court of law or incases of emergency.The Abolition of the Forced LabourConvention, 1957 (No. 105), does notrevise but supplement Convention No. 29.Following the experience of massiverecourse to forced labour during WorldWar II, it was adopted in 1957 to combatemerging new forms of forced or compulsorylabour that were witnessed at thattime. In particular, it further protects theright to freedom of opinion and expressionconsecrated in the UniversalDeclaration by prohibiting the use of anyform of forced labour “as a means of politicalcoercion or education, or as apunishment for holding or expressingpolitical views, or views ideologicallyopposed to the established political,social or economic system.” It also prohibitsforced labour as a method of labourmobilisation for economic development.Equality of opportunity and treatmentat work is also supported by two conventions.The Equal RemunerationConvention, 1951 (No. 100), has thelimited although important objective ofachieving equal remuneration betweenmen and women for work of equal value.It is worth noting that the principle doesnot only apply to the salary or wage butalso to any additional payment in cash orkind arising from the worker’s employmentand also that it refers to work ofequal value rather than equal work.The Discrimination (Employment andOccupation) Convention, 1958 (No.111) was adopted with the broader objectiveof elimination of all discriminationsin all aspects of employment and occupation.It defines discrimination as any distinction,exclusion or preference made oncertain grounds, which has the effect ofnullifying or impairing equality of opportunity,or treatment. The Convention listsseven grounds of prohibited discrimination– race, colour, sex, religion, politicalopinion, national extraction, and socialorigin – but leaves the possibility to ratifyingStates of extending the protectionafforded by the Convention to othergrounds of discrimination.The Minimum Age Convention, 1973(No. 138), is a consolidation of previousinstruments adopted by the ILO since 1919to regulate minimum age of admission toemployment or work in various sectors,and it applies to all sectors of economicactivity, whether or not children areemployed for wages. It requires a minimumage to be specified and raised progressively,which cannot be less than the age of compulsoryschooling and normally 15 years ofage. A higher minimum age of no less than18 years must be set for employment orwork likely to jeopardize the health, safety,or morals of young persons while lightwork of children of 13 to 15 years can beauthorized provided such work does notprejudice their schooling.The Worst Forms of Child LabourConvention, 1999 (No. 182), does notrevise or replace in any way ConventionNo. 138. It was adopted in recognition ofthe fact that, if the ultimate objective ofthe effective elimination of child labourdepends on economic factors and maytake time to be accomplished, there arecertain forms of child labour that cannotbe tolerated and subject to progressiveelimination. Therefore, Convention No.182 calls for immediate action to securethe prohibition and elimination of theworst forms of child labour, irrespectiveof the level of development or economicsituation of the country. These worstforms against which all persons under theage of 18 must be protected comprise: allforms of slavery or similar practices, suchas sale and trafficking, debt bondage,serfdom and forced or compulsorylabour, including the use of children inarmed conflicts; the use of a child forprostitution or pornography; the use of achild for illicit activities such as drugtrafficking; and work likely to harm thehealth, safety or morals of children, asdetermined at the national level.Universal ratification of these fundamentalconventions is now withinreach, as suggested by a current globalratification rate of about 90% amongILO Member States. For these countries,this does not only mean a legal commitmentto ensure full respect for humanrights in the world of work, but alsoaccepting that their compliance be subjectto the scrutiny by tripartite bodieswith participation of governments,employers, and workers representatives.This will allow the ILO unique structureand procedures to continue assisting theinternational community in overcomingthe ever renewed challenges to theeffective observance of rights proclaimedsixty years ago.Alain PELCE,Senior InternationalLabour Standards SpecialistILO Subregional Officefor Eastern Europe and Central AsiaILO Moscow15 Petrovka St., office 23,tel.: +7 (495) 933-58-93Fax: +7 (495) 933-08-20Web site: www.ilo.org10ООН В РОССИИ №5 (60)