Jens Dying Christensen

 

         ILO Convention 111 is a fundamental ILO convention and its main instrument on discrimination. It was adopted in 1958 and has since been ratified by 165 countries, including several in Asia. The goal is to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination.

ILO Convention 111covers all workers and all sectors of activity, including independent self-employment and non-wage work and also people who are seeking work

 

The Convention addresses discrimination based on race, colour and national extraction, including ethnicity/indigenous and tribal peoples, sex, religion, political opinion and social origin

 

What is discrimination?

Discrimination occurs when any distinction, exclusion or preference is made which has a negative effect on the enjoyment of equality of opportunity or treatment in employment and occupation

 

What is “employment” and “occupation” and the relation to traditional occupations?

 

Employment is work performed under an employment relationship with an employer

 

Occupation means the trade, profession or type of work done by an individual irrespective of the branch of economic activity or the professional status of the worker

 

Traditional occupations pursued by indigenous peoples such as rotational farming/shifting cultivation, pastoralism, hunting and gathering, handicraft production are covered by C.111

 

What is not discrimination?

Distinctions based on inherent job requirements

 

Special measures of protection and assistance also referred to as positive or affirmative action

 

Special measures of protection and assistance are not deemed to be discrimination such as special measures provided for in e.g. Convention No. 169 Relation to ILO C.169

 

The right to engage in traditional occupations without discrimination (compare Article 23 of C.169)

 

Relation to ILO C.169

 

Governments shall … adopt special measures … so that

IPs enjoy the same protection as other workers in same sectors (Articles 20 and 20.3.a. C.169)

 

Challenges

· National laws generally provide for “formal equality”

· Equality often seen exclusively as an individual right

· Work done by ITPs is often outside the formal economy

· C.111 gives Governments latitude to decide what measures to implement are appropriate

 

Opportunities

· Measures must be effective

- Mainstreaming equality concerns into national development policies

- Concept of indirect discrimination

- Special measures (art. 5)

- Cooperation with “other appropriate bodies” (art. 3(a))

· Respect principles of C.169