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LABOUR RIGHTS
helmets, imposed without discriminatory intent. This would have the effect of discriminating against Sikh policemen, who must wear turbans and thus cannot wear helmets.
6
See Hodges, J. and Raskin, C. (eds), Affirmative Action in the Employment of Ethnic
7
An earlier convention adopted by the ILO on behalf of the UN system covered the
Minorities and Persons with Disabilities, Geneva, ILO, 1997.
subject until the adoption of Convention No. 169: the Indigenous and Tribal Populations
Convention, 1957 (No. 107) was closed to further ratifications when Convention No. 169
came into force in 1991. Convention No. 107 remains in force for several countries that
have not ratified the newer convention.
8
As of October 2004, the following 17 states have ratified ILO 169: Mexico, Norway, Brazil,
Costa Rica, Colombia, Denmark, Ecuador, Fiji, Guatemala, The Netherlands, Dominica,
Peru, Bolivia, Honduras, Venezuela, Argentina and Paraguay.
9
ILO, Stopping Forced Labour, global report under the follow-up to the ILO Declaration on
Fundamental Rights and Principles at Work, 2001, paras 49, 57–62, 135.
10
11
Ibid.
ILO, A Future without Child Labour, global report under the follow-up to the ILO
Declaration on Fundamental Rights and Principles at Work, 2002, para. 162.
12
‘Report of World Conference Against Racism, Racial Discrimination, Xenophobia and
Related Intolerance’, Durban, 31 August–8 September 2001. Declaration and Programme
of Action, A/CONF/189.12, esp. para. 74.
13
See ILO records of proceedings, International Labour Conference, 87th session, 1999,
report of the Committee on Child Labour, para. 143.
14
Hodges-Aeberhard, J., ‘The right to organise in Article 2 of the Convention No. 87. What
is meant by workers “without distinction whatsoever”?’, International Labour Review, vol.
128, No. 2, 1989, p. 177.
15
‘Digest of Decisions and Principles of the Freedom of Association Committee’, ILO, 4th
edn, Geneva, 1996, para. 205. See also Gravel, E., Duplessis, I. and Gernigon, B., The
Committee on the Freedom of Association: Its Impact over 50 Years, Geneva, 2001, p. 32.
16
‘Freedom of Association and Collective Bargaining’, general survey by the Committee of
Experts, ILO, 81st session, 1994, para. 63.
17
ILO, Your Voice at Work, global report under the follow-up to the ILO Declaration on
Fundamental Rights and Principles at Work, 2000, para. 78. See also ILO, ‘Freedom of
Association and Collective Bargaining’, op. cit., paras 61–3.
18
ILO, ‘Digest of Decisions’, op. cit., paras 368, 382.
19
ILO, ‘Freedom of Association’, op. cit., App. II, para. 4.
20
The Committee of Experts has also been using information on minority matters from
reports of other international bodies, such as reports of the special procedures (eg.:
Special Rapporteurs) or the Council of Europe.
21
Visit www.icftu.org.
22
Visit www.un.org/esa/socdev/unpfii.