ITUC - a view on the 2010 ILO Recommendation on HIV and AIDS and the World of Work, no 200

1. ITUC - a view on the 2010 ILO Recommendation on HIV and AIDS and the World of Work, no 200 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

2. Trade union approach to HIV/AIDS • Importance of workplace (horizontal and structured – social dialogue, sustainable, accountable structure) • 90% of HIV+ people are of working age (ILOAIDS) • most vulnerable (HIV-) people are also of working age (sexual transmission) • TU argument – not only medical issue, it is a social issue! (reflects inequality and vulnerability, unequal access to treatment, but also prevention!) • Geopolitically and within a country • 70% of HIV new infections and HIV related deaths are in Africa (UNAIDS&WHO 2009) • 5000 people infected every day in Africa • Burden on workplace: work absences, productivity losses, skill losses, economic death, trauma, discrimination, stigma • TU argument – it is a social issue, workplace issue, TU issue www.ituc-csi.org

3. 2010 ITUC Vancouver Congress Resolution on Fighting HIV/AIDS p. 1 • “Congress expresses its deep concern at the massive human suffering causes by the HIV/AIDS pandemic. It commits the ITUC to contribute effectively towards prevention, control and ultimately eradication of HIV and AIDS” • The Congress emphasises: • “the absolute need to protect those infected with HIV/AIDS from all forms of discrimination at work...” • “that privacy and confidentiality are essential for any successful workplace HIV/AIDS programme...” • “that equitable and full access to healthcare (...) is a human right” www.ituc-csi.org

4. New ILO Recommendation on HIVand AIDS and the World of Work no 200 www.ituc-csi.org

5. What is a Recommendation? • International Labour Standard • ILO – the only tripartite international body in the world • Guidance for States, workers, employers – should be reflected in national law and policy • After adoption by ILC, the Government must bring the ILO Recommendation before the “competent authority” (usually Parliament) • The Government must report to ILO to “show the extent to which effect has been given” to the Recommendation at the national level www.ituc-csi.org

6. What is this Recommendation about? Recommendation – what the national workplace HIV/AIDS policy should be like? Preamble I. Definitions (for the Recommendation – descriptive, not normative) II. Scope of the Recommendation – to whom it applies III. General Principles IV. National Policies and Programs • Discrimination and promotion of equality of opportunity and treatment • Prevention • Treatment and care • Support • Testing, privacy and confidentiality • Occupational safety and health • Children and young persons V. Implementation • Social dialogue • Education, training, information and consultation • Public services • International cooperation VI. Follow up www.ituc-csi.org

7. Why a policy is important? “We need action, not documents. Condoms, drugs, awareness raising. We need implementation not statements”. www.ituc-csi.org

8. 1st situation: No national AIDS policy • How to tackle discrimination? How to tackle mandatory testing? Social security regardless HIV status? • We need to know what to implement (framework) • We need national level regulation – role for national centres • The role of delivering prevention, treatment, support and care through workplace is not recognized 2nd situation: National AIDS policy already there • Does it cover the workplace? Is it updated? • Where is the strategy for implementation? • Then - Where is implementation? www.ituc-csi.org

9. http://www.ilo.org/aids/legislation/lang--en/index.htm www.ituc-csi.org

10. http://www.ilo.org/aids/legislation/lang--en/index.htm www.ituc-csi.org

11. (limitation for conclusions – only documents submitted to the ILO) • Some documents outdated (eg. Swaziland, Malawi, Cote d’Ivoire) • Almost all documents before the Recommendation (Kenya 2009) • Not everywhere workplace policies (but may be inside general documents) • No workplace implementation strategies Conclusion: There is work to be done www.ituc-csi.org

12. Why policy first, not law? • Law change is an ultimate goal • But - analysis and change of law takes years. Policy sets the framework for action and advocacy • Policy can be negotiated and adopted quite quickly (eg. 1 year – Brazil) • legal process is expert driven, TUs are more observers, in policy are makers • Immediate goal - Policy+strategy for its implementation! www.ituc-csi.org

13. Strategy for 99 ILC We should: • focus on contents of the instrument; • speak in a united voice; • after adoption, secure an effective follow up of the instrument through national level lobbying; • after adoption, start work on successful implementation of the new instrument at the national level – through national level lobbying. www.ituc-csi.org

14. 99ILC – Bottlenecks… These issues may come back in national discussions... • Scope: Some Governments (eg. Greece, Dennmark) wanted to exclude these provisions and regulate, that each country will decide for itself at the national level. This would have made the standard empty. Some Employers (including CGECI Cote d’Ivoire and BUSA, South Africa) did not want to cover non-employees (such as job seekers or laid off workers). • Testing: IMEC Countries for “exceptional cases” of workplace mandatory testing! • Follow up – Governments against creating new reporting obligations... www.ituc-csi.org

15. 99ILC – Workers’ Strategis Objectives • SCOPE “all workers working under all forms or arrangements, and at all workplaces” • DISCRIMINATION extending protection under ILO Discrimination Convention (Fundamental Convention) nr 111, “equivalent to” > “equal to” • PRIVACY AND DISCLOSURE no mandatory HIV testing in the workplace, no mandatory disclosure , ), bracketed text “except in very exceptional and specific cases…” out!! • FOLLOW UP (tirparitsm, ILO system) www.ituc-csi.org

16. Conclusions • Recommendation is weaker (it is not binding) - does not have to but it SHOULD be incorporated in national law and practice – a lot of lobbying can be organized around it • What the Government recommends and what the Parliament does depends on lobbying – trade unions must take the lead! • Trade unions should take the lead on the workplace dimension of HIV/AIDS www.ituc-csi.org

17. Contact Zuzanna Muskat-Gorska ITUC zuzanna.gorska@ituc-csi.org Tel: +32 2 224 02 35 www.ituc-csi.org