The experience in a number of post-industrialized market economies of the North, including societies
that consider themselves to be multicultural and welcoming to persons from many parts of the world and
of a variety of heritages, is not uniformly bleak. It is possible to acknowledge the development of
institutions meant to safeguard human rights in the workplace, and a growing effort to seek a
coordinated application of human rights norms by labour law enforcement mechanisms and recognition
of labour rights (economic and social rights) within human rights frameworks. These institutions often
date from the 1970s and 1980s – in many parts of the world they are not new. Yet a persisting
problem remains that racialized workers tend to be “over-represented in lower paid occupations usually
requiring less education and training, such as semi-skilled and other manual workers, sales and service
workers, and clerical personnel.” For example, according to one study, 40 % of the harvesting
labourers are from racialized groups. They are similarly more likely to experience employment gaps
than all other workers, for example less likely to be hired for a continuous year. Their jobs are more
precarious, requiring dependence on employment insurance that is greater than all workers, but also
increasing the likelihood that they will not qualify for employment insurance benefits because they
worked an insufficient number of hours.
Educational attainment and integration into society do not necessarily account for the disparity. In some
countries, workers of colour are much more highly educated than all other workers, with similarly small
proportions who have less than a high school education and a significantly higher proportion having a
university degree or higher. When they are employed in higher status positions, they may report a range
of informal barriers to continued occupational advancement. I have been particularly concerned about
the deficit in mentoring opportunities provided to racialized minorities so that they may be meaningfully
accepted in their occupations, and ensured the conditions under which they may thrive.
Studies have also increasingly challenged the “catch up” theory so much a part of the founding myths of
many multicultural societies in respect of those members of racialized communities who immigrated to
their country of residence. Members of racialized communities – whether immigrant or nationals by
birth – tend to face more significant difficulties on the labour market than members of the majority
culture. This challenges in particular the view of steady progress toward equality over time.
The data that I have studied paints a picture of underrepresentation in occupations that afford relative
autonomy, control and societal power. It suggests overrepresentation in low status, subordinate, poorly
remunerated and precarious employment – it suggests societal marginalization.
I want to focus now on how labour rights and the decent work challenge fit into the picture of labour
market inequality on the basis of race.
Labour rights are meant to be enabling. They are meant to span both the civil and political rights, and
the economic and social rights. As I have understood the ILO’s historical approach, the distinction
represented by the two distinct UN covenants was not even accentuated in international labour law: the
focus was on constructing labour regulatory frameworks that would ensure workers’ equitable access to
and participation in meaningful employment. Fundamental labour rights – the freedom from forced and