1. - Introduction:
The purpose of this assignment is to describe and define what constitutes Decent Work and how this deficit might be reduced through a sectoral dimension that is an integral component of a DWPC. Besides, this assignment will have an approach to the Decent Work Agenda while implementing the recommendations of the Global Jobs Pact at the sectoral level. Also promote the policy coherence with other international and regional organizations and utilise social dialogue to promote decent work and the Global Jobs Pact.
The country and sector that I have chosen is Honduras - Agriculture. I think that this country and sector is a good choice because is a country that the majority of them are working in agriculture and there is a lot of poverty there, so I will have a lot of things to talk about how can decent work be measured and what could be the solutions to the deficit problems.
Firstly, I will explain what is decent work, what is the situation in Honduras particularly in the agricultural sector, also how can decent work be measured and what could be the solutions to develop this issue and try to achieve a better conditions for the employees at the workplace.
What is Decent Work?
Decent Work reflects the aspirations and the opportunity to men and women to obtain a productive work in conditions of freedom, equity, security and human dignity. Also this word includes respect for basic rights, access to employment, safe and healthy working conditions, and social security. The "Decent Work" comes through the social dialogue.
The world community has established Ten Millennium Development Goals. The purpose of these goals is to reduce the hunger and poverty, to improve access to drinkable water, health, and education and to develop some strategies to make possible a future development.
The ILO and other organizations such as, the International Union Confederation (ITUC), non-governmental organizations (NGOs) has an important role in order to promote the decent work.
2. - Honduras Situation:
Honduras is one of the poorest nations in the western hemisphere. That, couple with important level of government corruption, gang violence and impunity for many lawbreakers.
Unfortunately, decent work deficits are higher in the agricultural sector. They are present in all denial of rights at work, in poor quality employment and high levels of unemployment, in unsafe working conditions and lack of income security, and finally in the inadequate representation of agricultural workers in the social dialogue which could improve their working lives.
Decent work conditions are worse in the agricultural sector than in other kind of sector. For example, wages are lower and they are not distributed in a fairly way. Also it is important to say that agriculture sector has two-thirds of the world poverty. Honduras, in 1990, waged workers comprised 31.5% of EAP but had a 74.6% poverty rate, compared with an 89.9% poverty rate for self-employed who formed 48.7% of EAP. Moreover, 28 % of people are living with $ 1 a day, 16 % of people living with $ 2 a day and 37.4 % of people are living beneath the poverty line (Honduras Country Review 2010, Business Review Premier)
Other important problem that Honduras has is the sale of agricultural products under the right price caused by the politics that force to the farmers to sell the products cheaper. This problem is known as dumping.
For a better understanding, it is important to highlight the difference between rural and urban area. Urban area is defined as urban centres with drinkable water, sewer system, electricity, pavements, school and so on, while the rural area has a lack of all these services where the 53% of the people in Honduras work in this area.
Source: International Labour Organization (ILO)
As we can see in the graph, in Latin America between 1991 and 2001 there was a reduction in the total of people employed. However in 2007, there was a recovery reaching the same figures of 1991.
Employment:
Who works in agriculture?
Wage earners: Permanently employed agricultural workers, specialized workers, seasonal, casual, temporary, and daily workers, migrant workers.
Self-employed: Large landowners, medium-sized and small landowners, subsistence farmers, sharecroppers and tenants.
Unpaid family members
Others: Cooperative workers, indigenous people, child labourers
In agriculture, the rural migration has a strong seasonal component. During the agricultural peak times there is a strong demand of employees where they used to work from the sunrise to sunset in depends on the weather, crops and seasons while in low seasons they migrate to the urban areas looking for jobs opportunities often in the informal economy.
With reference to employees, women have worse conditions than men and they have fewer opportunities to exercise their rights. To be aware of how many women are working in the agricultural sector in Honduras, I enclose a graph that shows the distribution of men and women in agricultural activities and non-agricultural activities. (Annex 1,2 and 3)
Moreover, the employees used to have a lack of knowledge. With this I mean, that they do not have lectures or training for developing their skills in order to increased the productivity of the employment. However, this problem starts in the children where they often not attend to the school. To know how big is this problem the net school attendance in 2006 was 80% of girls and the 77% of boys in primary school and 36% for girls and 29% for boys in secondary school. (Source UNICEF). This is a big problem that the ILO consider very important for the reduction of the poverty.
Furthermore, the lack of funds allocated for the implementation of the National Plan of Action for the prevention and elimination of Children at work had as a drawback an increase in the number of children, especially in rural areas and among indigenous peoples, working under exploitative conditions. 299,916 boys, girls and young persons aged between 5 and 17 years were economically active. Of this number, 21.51% were girls and 78.49% were boys. Moreover, 72% of the children had work live in rural areas, and 28% in urban areas. The 56,2% of children works principally in agriculture, forestry, and fishing and domestic work sectors. This issue has been raised in the last years. Moreover, children who have the legal minimum age of employment still had the same deficit conditions that those how have not yet achieved it (Source; ILO)
Finally, the force labour is other important point in Honduras where you could find more or less 2,540,000 people forced to work under dreadful conditions.
Rights at work:
The agricultural employees have the right to freedom of association, the right to collective bargaining, the elimination of child labour, the abolition of forced labour and non-discrimination in the world of work. However these rights in the rural area are denied. One of the big problems is the inexistence of an employment contract that causes an absence of protection of the labour code, this is known as informal employment.
This chart shows the employment informality in Latin America, Asia and Africa in the first 1990´s, in the final 1990´s and in the years 2000.
Source: International Labour Organization (ILO)
As we could see there was an increase of the informality employment in Latin America until the 2000 where this figure experience a slightly decrease. However, Asia always had high levels of informality employment.
Social Dialogue/ Tripartite consultation:
The social dialogue in the agriculture is one of the main gaps. Employers, governments and employees are able to voice their concerns, pacts, participate in decisions making and improve the legislation in the world of work.
The majority of the population in Honduras was no aware of what is a trade union. With this, I mean that there is an important gap in education to explain the importance of a trade union in order to achieve better conditions of employment and the defence of the rights at work. Because of that, the ILO established this issue as one the main goals to achieve, the social dialogue. The social dialogue includes any kind of negotiation or exchange of information between the representatives of the government, employers and employees about questions of common interest related with the economic and social politics.
This objective is very difficult to achieve because the poor people is worried about what they can do to survive and not worried about the social dialogue.
Equality of opportunity and treatment:
This refers to equality in employment and occupation without distinction as to race, colour, national extraction, religion or social origin.
Honduras also has a gap in the equality of opportunity and treatment. Women and men do not have the same opportunities. For example, men have a better wage than women; also they have better conditions to work. However, women have abusive or insalubrious working conditions, they have lower remunerations… This discrimination is often between women, indigenous workers, migrant workers and lower-caste workers.
The Honduran National Business Council (COHEP) informed that the wages of women under equal conditions only represents 67.6% of the average men wage.
To know how this is important, in some countries women still need the permission of their husband to work in agricultural cooperatives. However, in other countries such as Australia, the national law guarantees the equal treatment between men and women in forestry and agriculture.
Safety, health and Social protection:
Agriculture is one of the most dangerous occupations to work. In Honduras agriculture is often excluded of the safety and health regulations or is the least covered of the economy.
The principal accidents and injuries in agriculture are:
Machinery
Inadequate transport
Extreme temperatures
Chemical products
Contact with dangerous animals.
Machinery noise
The use of machinery and pesticides has aggravated the situation. The exposure to pesticides may result in death, poisoning and cancer. These are one of the reasons of why agricultural workers have higher rates of injuries and accidents.
However, the fact that the agriculture is heterogeneous makes very difficult the regulation. Most of the workers live in poor conditions and also they have a lack of education that may result in a lack of information of the different hazards of the injuries and how they could prevent them.
Moreover, other countries such as Morocco, Ghana, Nepal and Sudan don't have safety and health laws applicable to the agricultural sector. Only countries such as, United Kingdom, Finland, France, Netherlands, Australia… have a full set of safety and health provisions.
The ILO estimates that in 1997 occurred 330,000 workplace accidents worldwide, where 170,000 were from agriculture.
Also it is important to say, that in many countries the agricultural accidents and injuries are not a part of broader social security system.
Fewer than 20% of the world agricultural workers are covered by one or more of the 9 contingencies of the social security system (Data from ILO). In Africa for example, the social security system excludes de agricultural workers.
With reference to the social protection, the agriculture is the least well protected with reference to the sickness, workers compensation, healthcare, maternity benefits…
Women should have maternity benefits. For example, maternity leave, cash benefits and also breaks. These benefits often are not carry out by the employers.
Finally, with reference to the Labour inspections, the ILO emphasized the important of OSH inspections in this sector. However, in Honduras the government do not make an effort in this issue. That's one of the reasons of why there are a lot of accidents and why there are a lot of children working in agriculture instead of attending to the school.
3. - Solutions:
The Decent Work Agenda with its approach to the social protection, rights, social dialogue and employment, recognize the importance of achieving the Millennium Development Goals (MDGs). There are 8 important goals:
Goal 1: Eradicate extreme poverty and Unger
Goal 2: Achieve universal primary education
Goal 3: Promote gender equality and empower women
Goal 4: Reduce child mortality
Goal 5: Improve maternal Health
Goal 6: Combat HIV/AIDS, malaria and other diseases
Goal 7: Ensure environmental sustainability
Goal 8: Develop a global partnership for development.
The MDGs placed poverty reduction. Agriculture has been the motor of the Honduran economy and also for a lot of countries and in many countries it still be the base of the economy, being the major contributor for the GDP.
Employment:
For promoting employment and decent work in rural areas there was developed the Global Employment Agenda (GEA). Here we can find the qualitative and quantitative aspects in order to promote decent work and productive employment.
The principal goals of the GEA are: promote trade and investment for productive employment, promote technological change in order to achieve higher productivity, promote substantial development, macroeconomic policy for growth and employment, promote decent work, active labour market policies for employment, security and poverty reduction, social protection, safety and health and productive employment.
Firstly, a key factor for increasing the productivity is the existence of employees with the right skills. To have employees with right skills is very important to train and develop their capacities. But this problem starts as a child, as I explain before. For solution of this problem there are some measures.
The committee noted in the Code of Children and Young Persons of 1996, that persons under 14 years old may no work behind any circumstances. Also they cannot work, persons who have achieved this age but they are in compulsory education. The only exception that the government allow is in case of necessary to provide subsistence for the family but also they need to attend to the compulsory education. Under the same code, people between 16 and 18 years old, may be to perform some hazardous types of work.
Furthermore, to finish with the child labour, 4 gaps have to be addressed. Firstly, national legislation has to include legislation prohibiting hazardous child labour with reference to the conventions 138 and 182. Secondly, exemptions and exclusions in agricultures have to be eliminated. Thirdly, labour inspection that in agriculture there is a weakness that already exists. And finally, educational standards. Educational deficits carry on in lack of literacy, lack of skills, poor educational levels…
Secondly, as I explained before the forced labour is still happening in the agriculture. The Forced Labour Convention of 1930 says that all members have to eliminate the forced or compulsory labour. The CEACR noted that in some cases, when employees are working overtime or they earn less than the minimum wage due to their employers, they would be penalty. For example, the Brazilian government in order to eradicate the labour force has adopted some measures such as, the adoption of adequate legislative provisions, an annual list of entities and individuals found guilty, exclusion for any financial assistance…
And finally, the Equal Remuneration Convention of 1951 pointed that men and women have to earn equal remuneration for work of equal value. The Convention of 1958, ensure that all members have to declare and pursue a national policy to promote equal treatment.
Rights at work:
The freedom of association is one of the human rights, which tries to improve the social and labour conditions of the employees for example, through collective bargaining.
The Freedom Association and Protection of the Right to Organise Convention of 1948, established that workers without distinctions have the right to join organizations on their own choice. Also, the Right to Organise and Collective Bargaining Convention of 1949, established that workers are able to enjoy protection against acts of discrimination.
For rural workers there are two other conventions: The Right Association Convention 1921 and The Rural Workers Organisations Convention 1975. The first one pointed that all employees must have the same rights of association and combination as the industrial employees and the second one established that all kind of rural worker have the right to join organizations on their own.
The Honduras Government will impose penalties for act of anti-union discrimination in the next cases:
The lack of adequate and full protection against any acts of interference and of sufficiently effective and dissuasive sanctions. The Honduran National Business Council (COHEP) in 2002, prohibit any opposition by employers to the recognition and registration of the legal personality of workers organizations in order to guarantee adequate protection.
The ILO Committee ratified that Honduras government is responsible for ensuring the application of freely ratified international labour conventions relating to freedom of association and Honduras has to make an effort in order to change the situation.
Social Dialogue/ Tripartite consultation:
With reference to this point the solutions are to establish some laws to ensure the performance of it and also some mechanisms in order to ensure that the unions and the companies are not breaking the laws.
As I told before, in Honduras there is a lack of education and knowledge, that's why there are a lot of workers that they still don't know what is a union. This is a very important point in order to guarantee a great place to work and also this will help for the development of the economy. That's why, Honduran Government is checking the education legislation in order o improve the knowledge of the population.
Equality of opportunity and treatment:
The ILO committee explained that the strategic goals of the Gender Equality and Equity Plan (2008-15) includes legal reforms to ensure the entitlement of all women to social security and also to enjoy the benefits, therefore ensuring the access to social security of workers in formal and informal economies.
The ILO committee request to the Honduran government reforms in the LIOM due to the failure including sexual harassment among the reasons for which the employee Could finish the contract without notice and liability in his or her part and maintaining the benefits and compensations, as in the case of unjust dismissal.
With reference to persons with disabilities, the ILO notes that the Ministry of Labour and Social Security with the Spanish Agency for International Cooperation (AECI) and other Partners, has established a variety of measures to promote and provide incentives for the generation of Jobs in 1,000 companies and organizations.
Safety, health and social protection:
As I explained before, agriculture is one of the worst sectors in reference to the safety and health protection. The Safety and Health in Agriculture Convention 2001, is very important because is the first time that the agricultural workers are as well protected as other categories of workers. However the Convention does not cover subsistence farming and industrial processes. The convention also calls for adopt systems of inspections for agricultural workplace.
Moreover, with reference to the social protection, in 1921 the Women's Compensation Convention requested to extend to all agricultural workers all the compensations for injury by accidents.
Agricultural workers might be excluded from the Social Security, Medical Care and Sicknesses Benefits Convention and also the Invalidity. However, agricultural workers could not be excluded from the Employment Injury Benefits Convention 1964 that provides national legislation in this issue.
With reference to the maternity protection, the ILO regulates this issue with the Maternity Protection Convention of 2000 apply to all employed women. With this Convention, governments have to pregnant and breastfeeding women from hazards. Also women have the right to return to the same work position or equivalent earning the same amount of money. This issue is very difficult to control in agriculture because there is a lack of statistical data.
Finally, labour inspections. The inspectors have free access to workplaces subject to inspection as well as the necessary means to carry out their duties, particularly transport facilities to enable them to visit workplaces with sufficient frequency. Employers have to inform to the inspectorate about occupational diseases. And the Honduran Government will impose penalties if they are breaking the law. I enclose a model of labour inspection (Annex 4)
3. - Recommendations:
My recommendations to the Honduran Government in order to reduce the decent work deficit are: (Annex 5 and 6)
First, national-level of action. It means, to review the legislation with an open overview in order to extend the coverage to the rural workers and in particular to ensure the protection of fundamental principles and rights at work such as the social dialogues, the freedom of association and national legislations in educational issues. Also, guarantee the fairly action of the government with no corruption.
Second, is to remove any exclusion that might exist in the national law. In particular conventions of Safety and Health, labour inspection and employment policy.
Third, is to consider the advantages of consolidating all the relevant standards into a single instrument in order to provide more effective protection for the rural people.
Fourth, is to focus on equipment and innovation. With this I would like to explain that the new technology and machinery is really important in order to improve the working conditions and also to the effectiveness. This will result in fewer hours to work because they can produce more in less hours and better working conditions.
Fifth, the importance of collective bargaining through unions, in order to have more power in their negotiations with the government and companies to guarantee a decent work conditions.
