Risk and Opportunities Analysis Tool - Issue Area: Employment, Labor, Working Conditions / 1
ISSUE: EMPLOYMENT, LABOR, WORKING CONDITIONS
Standard, Version 1
The Bank and borrower shall take
all necessary measures to ensure
that freedom of association is
respected and protected within
the project or program. Workers
must be assured the right to
bargain collectively for their
conditions in the workplace.
Employees should not suffer any
discrimination or retribution
because of their involvement in a
union.
Standard, Version 2
None.
Risk Indicator Questions
1. Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Does the government recognize and enforce freedom of
association and the right to collective bargaining? Has ILO
reported or documented violations of freedom of association in
this country or industry?
1.2 Are there government unions in the sector related to the
project/program?
2. Project/Program Direct Risks.
Trigger: Will the project/program involve labor or employment?
BHRC Draft - Sept 2015
SUB-ISSUE: FREEDOM OF ASSOCIATION
Reference Note and Materials
explaining content of standard/right
Freeedom of association: The right of workers and
employers to establish and join organizations of their
own choosing without previous authorization. Workers'
organizations shall organize freely and not be liable to
be dissolved or suspended by administrative authority,
and they shall have the right to establish and join
federations and confederations, which may in turn
affiliate with international organizations.
Collective bargaining: Negotiations which take place
between an employer, a group of employers or one or
more employers' organizations, on the one hand, and
one or more workers' organizations, on the other, for:
(a) determining working conditions and terms of
employment; and/or (b) regulating relations between
employers and workers; and/or (c) regulating relations
between employers or their organizations and a
workers' organization or workers' organizations.
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Collective Bargaining Recommendation 163
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Freedom of Association Digest of decisions and
principles of the Freedom of Association
Committee of the Governing Body of the ILO
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ILO Collective Bargaining portal – including
Guide to promote collective bargaining
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Source of Law or Practice
from which standard is derived
Convention concerning Freedom of Association
and Protection of the Right to Organize Arts 2,4
Convention concerning the Application of the
Principles of the right to Organize and to Bargain
Collectively
Universal Declaration of Human Rights (1948),
Arts 20, 23(4)
International Covenant on Civil and Political
Rights (1966), Arts 21, 22
International Covenant on Economic, Social and
Cultural Rights (1966) Arts 8 (1c)
Convention on the Protection of All Migrant
Workers and Members of Their Families (1997),
Arts 26(a), 40
ILO Freedom of Association and Protection of the
Right to Organise Convention (C87, 1948) Arts 2,
3, 4, 5
ILO Right to Organise and Collective Bargaining
(C98, 1949), Arts 1, 3, 4
ILO Tripartite Declaration of Principles concerning
Multinational Enterprises and Social Policy (1977),
Arts 41, 42, 43, 57
Impact Assessment Indicator Questions
Data Sources to Answer Risk Indicator Questions
How will this risk impact the project/program? How
can the project/program contribute to this need?
ILO, national legislation, International Trade Union
Confederation (ITUC) Annual Survey of Violation of
Trade Union Rights
How will this risk impact the project/program? How
can the project/program contribute to this need?
For each question, answer: What impacts will be felt
by different groups? How will adverse impacts be
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Employment, Labor, Working Conditions / 2
If Yes, …
2.1 Could the project/program face challenges in ensuring freedom
of association? Do employers, including private companies
involved in the project/program respect union organizing and the
right to collective bargaining?
2.2 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
prevented or mitigated? How will opportunities for
benefits be realized?
What challenges will the project/program face in
ensuring freedom of association? Do employers,
including private companies involved in the
project/program respect union organizing and the right
to collective bargaining? What risks exist and how will
they be addressed?
Does the implementing entity have the demonstrated
capacity to implement projects/programs in compliance
with this standard? How will the project/program
address capacity needs and make use of capacity
building opportunities?
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project impact national labor enforcement capacity?
NGO reports, ILO reports
Implementation reports
3.
Project documents
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2) FILL OUT AN ONLINE SURVEY OR
3) EMAIL US TO SCHEDULE A CALL
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Employment, Labor, Working Conditions / 3
Name: __________________________________ Organization: _________________________________ Email: _________________________________
GENERAL FEEDBACK
1. Do you have suggestions on the breakdown of Issue Areas or Sub-Issues or suggestions for consolidation? _________________________
_______________________________________________________________________________________________________________
2. Any suggestions on the general phrasing of standard or indicator questions? __________________________________________________
_______________________________________________________________________________________________________________
3. Other general comments? __________________________________________________________________________________________
_______________________________________________________________________________________________________________
ISSUE AREA FEEDBACK
Issue Area: EMPLOYMENT, LABOR, WORKING CONDITIONS
Sub-Issue: FREEDOM OF ASSOCIATION
Standard: Do you prefer Version 1 or Version 2? _______________________________
Explanation or edit: ___________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
Reference note: Comment, additions, or edits: ______________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
Indicator Questions and Data Sources:
Question Comment on Risk Indicator Question Comment on Impact Assessment Question
Number
BHRC Draft - Sept 2015
Comment on Data Sources