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LAWS4228 Labour Law
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LAWS4228 Labour Law
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Course Code: LAWS4228
University: Australian National University
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Country: Australia
Question:
The Commonwealth Caribbean is faced with many labour challenges.
In Belize, many plantations are currently serviced by child labour. In the case of Trinidad & Tobago, many immigrants and refugees from Venezuela have migrated or fled to the twin-island state to find work.
In a Research Paper for the attention of the Caricom Secretary General, discuss the principles of the ILO decent work agenda which promote the protection of children and migrants in Belize and Trinidad & Tobago respectively.
Answer:
Introduction:
International Labour Organisation endeavours to promote productive employment and protection to the labour challenges in around 183 member states. It has created social protections and provides an international labour standard to be maintained in countries which are serviced by child labour (Ilo.org. 2018). It has been found that Caribbean states are most likely to face a higher degree of mobility in the labour industry. In the last few decades, many immigrants and refugees have migrated from Venezuela or have fled to the twin-island state in search of work. The children of the migrant parents are exposed to risk and hazards in such situation. They are often driven to or forced to work in the absence of care and protections. A huge percentage of child labour can be noticed in those regions. This is a matter of major concern across the world, as millions of people are in fond of work. To address this issue the International Labour Organisation has formulated policies and mechanisms to manage the labour migration and child labour so that it can positively contribute to the development and growth of society.
The purpose of this report is to highlight the principles of the International Labour Organisation decent work agenda in order to promote the protection of the children and migrants in Belize and Trinidad & Tobago. This report shall identify the relevant principles of the IL International Labour Organisation decent work agenda which provides a greater range of protection to the children and migrant labours in the context of the emerging issues of child labour in Belize and migrants and refugee labour in Trinidad & Tobago.
Discussion
International Labour Organisation Decent work agenda
In addition to the well-being of the society and its members, a proper working condition is required for the broader economic and social advancement of the society, to strengthen the individuals and safeguard the communities and families. In order to promote decent work for all and protect the rights of the migrant and child labours, International Labour Organisation has formulated the decent work agenda (Bartlett, 2016). The decent work agenda promotes the rights of the labours at work and encourages decent employment. It promotes and enhances the social protection to the labours. The IL International Labour Organisation promotes decent work through the Decent Work Country Programmes in the member states, as a key component for developing the strategies nationally. It defines the targets and priorities in the national framework. Since 1919, it has developed and maintained a system of international labour standards which aims at enhancing the opportunity for productive work, in the condition of equity, freedom, dignity, and security. With the support of the International Labour Organisation, the Ministry of Labour and Small and Micro Enterprise Development has formulated a policy on green jobs in the Trinidad & Tobago. The initiative of the policy of green job is the consequence of the tripartite seminar. It has identified 8 crucial conventions and considered them to be fundamental for the principles of rights at work. The main conventions are namely, Occupational Safety and Health Convention, 1981 (No 155), Saint Vincent and the Grenadines ratifications of November 2010, Maritime Labour Convention (MLC), 2006.
The International Labour Organisation has recognised the worst forms of child labours. It requires the member states to ensure their compliance with the international treaties on child labour. The International Labour Organisation Convention No. 182 on the Worst Forms of Child Labour and the International Labour Organisation Convention No 138 on the Minimum Age for Employment are formulated, accepted and applied in the national legislation and programmes (Ansell, 2016). The term hazardous work was interpreted in the Tripartite Workshop for Eliminating Hazardous Child Labour organised by the International Labour Organisation. Tackling Child Labour through Education (TACKLE) is one of the projects of International Labour Organisation which is aimed at withdrawing the children involved in the child labour in Commonwealth Caribbean. It endeavours to prevent children from entering into employment by providing adequate alternatives such as the opportunity of education and training.
The Decent Work Agenda contributes to safeguarding the rights of the migrant labours in regard to enhance the capacity of the workers and the employers in the organisation in the Caribbean. The purpose behind this endeavour is to contribute to preparing for the future international trade negotiation. The International Labour Organisation, in collaboration with the United Nations Economic Commission for Latin America and the Caribbean, as popularly known as UNECLAC and the International Organisation for Migration conducted training seminars in the Trinidad and Tobago.
The principles of the International Labour Organisation decent work agenda to promote the protection of children in Belize and Trinidad & Tobago
To promote the protection of children in Belize, the International Labour Organisation decent work agenda has formulated certain policies to effectively abolition of child labour. The International Labour Convention No. 138, popularly known as Minimum Age Convention 1973 along with the International Labour Convention No 182, popularly known as Worst Forms of Child Labour, 1999 is two significant convention which aims at eliminating child labour to eradicate the human right issues as well (Di Ruggiero, Cohen & Cole, 2014).
The International Labour Convention 138 on the minimum age for admission to employment and work has set the minimum age for the children to be legally employed in a workplace (Ruhs, 2013). The principles set forth by the convention in relation to the minimum age to be admitted in the employment and work are as following:
Children below the age of 18 should not be engaged in any hazardous work that is likely to jeopardize the physical, moral or mental health of the children.
The minimum age for employing children in work, as set by the International Labour Organisation, should not be below the age to finish the compulsory schooling which is not less than 15 years.
However, children of the ages of 13 to 15 years old may be employed in light work unless it threatens the safety and health or the education of the children.
International Labour Convention No 182 on the Worst Forms of Child Labour, 1999 provides certain principles and measures to be followed to effectively eliminate the issue of child labour to prevent the involvement of children in the worst forms of child labours. It restricts:
All kinds of slavery or any such practices, such as the trafficking and sale of children or forced child labour.
The use or offerings of prostitution to a child, for the production of pornography or any similar performances.
The engagement of the children in such a work which by its nature is likely to cause harm to the health, moral or safety of the children.
The policies and programs of International Labour Organisation helped to ensure that the children engaged in employment receive the adequate education and training to become productive as an adult employed in decent employment in future (Blustein, 2016). The World Day Against Child Labour Campaign by the International Labour Organisation, a Communique was signed by the representatives of the employers and workers to combat the issues of child labour. The Government of Guyana agreed to ensure the enforcement of national level legislation to facilitate budget allocation for addressing the issue (Langan, 2014). The World Report on Child Labour 2015 examined the future careers of the former child labourers and the early school leavers and found that the issue is associated with lower attainment of educational goals of the children. The Government of Belize, in collaboration with the World Day Against Child Labour, introduced a public campaign with an objective to raise an awareness in the various kinds of child labour.
The principles of the International Labour Organisation decent work agenda to promote the protection of migrant labour in Belize and Trinidad & Tobago
In spite of the high rate of unemployment in the Country itself, Belize attracts a huge number of migrant workers from Venezuela, who comes in fond of employment in the agricultural and other sectors. As per the statistics of Labour Ministry Officials, around Belize has employed around 5000 migrants in the citrus, banana and papaya plantation (Ilo.org. 2018). Under the Decent Work Agenda, poor conditions of work in the agricultural plantation is one of the vital social protection concerns, as such works are particularly and primarily done by the migrant workers. The main concern as identified by the International Labour Organisation is about the rights of the migrant workers and the living and working conditions of the migrant workers. It has considered the welfare of the children of the migrant workers.
The protection of migrant workers has been the main concern of the International Labour Organisation since its inception. The Labour migration has received motivation from the Declaration of the United Nations General Assembly High-level Dialogue on International Migration and Development and has acknowledged the necessary contributions of migration to realize the development goals (Ilo.org. 2018). The International Labour Organisation promotes the rights of the migrant workers with the help of its body of standards that includes the International Labour Organisation fundamental rights conventions. The decent work agenda has recognised that migration is directly or indirectly related to the field of work and the pursuit for decent work opportunities in or across the countries (Burchell et al., 2013). The principles of International Labour Organisation in relation to providing protection to the migrant workers are provided in the Fair Migration Agenda. As per the agenda, migrants are responsible for making considerable social and economic contribution to society. The Director General of the International Labour Organisation has taken into account the need of the labour market while recognising the rights of the workers, including the migrants. The principles of this agenda are:
To respect the human rights of all the labour, including the rights of the migrants.
To ensure fair recruitment of the migrant workers for preventing exploitation.
To ensure equal treatment of the migrant workers for the purpose of providing fair opportunity.
Forging the linkages between the labour and employment migration policies.
Involving the Ministries of Labour, Organisation of Trade Unions and Employers in the migration policymaking.
Reducing the migration costs of the migration labours.
Restrictions on the mobility within the destination countries.
Migrants experience several forms of exploitation which limits the earning and ability for contributing to the development of society. The International Labour Organisation has effectively targeted the issue and with the help of the set migrant labour standards and labour migration policies such issue can be addressed.
Conclusion:
The issue of child labour and migrant labour is emerging in the modern world and has already become a central issue in this prospect. It has been observed that Caribbean states are most likely to experience a higher degree of mobility in the labour industry. In the last few decades, many immigrants and refugees have migrated from Venezuela or have fled to the twin-island state in search of work. International Labour Organisation with the help of various policies has effectively addressed the issue. The Decent Work Agenda contributes to safeguarding the rights of the migrant labours in regard to enhance the capacity of the workers and the employers in the organisation in the Caribbean. Compliance with the policies are mandated by the member states, hence with this endeavour, the protection of children and migrant labour in Belize and Trinidad & Tobago can be ensured. The welfare of the migrant labours and children can be ensured only after adopting and complying with the principles of Decent Work Agenda. The International Labour Organisation Convention No. 182 on the Worst Forms of Child Labour and the International Labour Organisation Convention No 138 has effectively prescribed the measure for the protection of children and migrant labour, compliance to the rules shall help in removing the issue.
References:
Ansell, N. (2016). Children, youth and development. Routledge.
Bartlett, S., Hart, R., Satterthwaite, D., de la Barra, X., & Missair, A. (2016). Cities for children: children’s rights, poverty and urban management. Routledge.
Blustein, D. L., Olle, C., Connors-Kellgren, A., & Diamonti, A. J. (2016). Decent work: A psychological perspective. Frontiers in Psychology, 7, 407.
Burchell, B., Sehnbruch, K., Piasna, A., & Agloni, N. (2013). The quality of employment and decent work: definitions, methodologies, and ongoing debates. Cambridge journal of economics, 38(2), 459-477.
Di Ruggiero, E., Cohen, J. E., & Cole, D. C. (2014). The politics of agenda setting at the global level: key informant interviews regarding the International Labour Organization Decent Work Agenda. Globalization and health, 10(1), 56.
Ilo.org. (2018). Retrieved from https://www.ilo.org/wcmsp5/groups/public/@americas/@ro-lima/@sro-port_of_spain/documents/publication/wcms_336135.pdf
Ilo.org. (2018). Retrieved from https://www.ilo.org/wcmsp5/groups/public/—americas/—ro-lima/—sro-port_of_spain/documents/publication/wcms_250019.pdf
Ilo.org. (2018). Retrieved from https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—migrant/documents/publication/wcms_344703.pdf
Langan, M. (2014). Decent work and indecent trade agendas: the European Union and ACP countries. Contemporary Politics, 20(1), 23-35.
Ruhs, M. (2013). The price of rights: Regulating international labor migration. Princeton University Press.
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