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LABOUR RIGHTS
Organizations can supply information directly to the ILO secretariat. The
Committee of Experts and the Conference Committee have emphasized the value
of such comments, if they contain verifiable information such as laws, regulations
or other official documents.
There is a suggestion (not a requirement) that governments consult with indigenous and tribal peoples’ traditional organizations in preparing their reports on
Convention No. 169. Some governments, such as Norway, have done so, and some
indigenous organizations have sent shadow reports to the Committee of Experts.
Towards better minority protection
Ensuring equality in respect of access to education and training, access to employment, and terms and conditions of employment is fundamental in promoting and
protecting the human rights at work of members of indigenous and minority
groups. Inequality has serious consequences for minority workers and their
families, which can lead to social exclusion and marginalization, and even to
conflict. This is confirmed by the ILO’s experience and is increasingly being
recognized by the international community.23
The principles of non-discrimination and equality, as contained in relevant ILO
instruments, are effective tools in protecting minorities because they require
substantive rather than formal equality, and provide for the prohibition of indirect
as well as direct discrimination. ILO standards address the situations of minorities
as a group, striking a balance between the need for individual and collective protection. Active participation of social partners is envisaged by ILO instruments and
the possibility of workers’ and employers’ organizations to submit observations and
complaints of a collective nature, allows the ILO to take up discriminatory
situations as a whole, which is crucial for tackling structural discrimination.
However, the ILO can also request states to take compensatory measures in respect
of individuals who have suffered discrimination. The Committee of Experts has
also made it clear that Convention No. 111 requires governments to provide for
accessible procedures and institutions to remedy individual cases of discrimination.
There is a continuing need for better implementation. ILO research indicates
that hidden discrimination against ethnic minorities in employment and occupation is widespread.24 It is crucial that measures are undertaken to identify and
remedy indirect, structural and hidden discrimination against minority groups.
Targeted measures to increase the opportunities of minorities in education and
training, as well as employment, are essential. A condition for the establishment of
policy and programmes based on the rights of minorities and their real needs is the
availability of reliable data and research. Equality training for ‘gatekeepers’ in the
labour market institutions has been identified as key for employment equality.