Dip. Carla Pitiot analyzes the importance of the ILO Convention C-190 in the framework of the 16 Days Campaign against Gender-Based Violence

Buenos Aires, November 27 2019

If we ask ourselves what work is, the answer may vary according to each context or personal situation. However, we could all agree that it is, in most cases, a means of subsistence or production. An activity that affects, to a greater or lesser extent, our interests, desires and even our own identity.

Work is also a “place”. A space in which we spend most of our days. And, as a social sphere where people encounter each other and agree or disagree with one another, it paves the way for violence to arise, violence that may not be confined to the borders of the workplace alone. At times, we even face situations of violence or violent behaviors at work that are not easily recognizable as such.

This year, the International Labour Organization (ILO) approved Convention 190 on Violence and Harrassment at work. The initiative is a response to the claim of workers who, after many years of struggle, managed to reivindicate the right to a world free of violence and harassment that, in line with Agenda 2030, is incompatible with the ideal of decent work, whose goals and indicators are enshrined in SDG Nº8.

The new international labor regulation seeks to protect salaried workers and people who work, whatever their contractual situation; those in training, including interns and apprentices; laid-off workers; volunteer workers; those who seek employment or who apply for one; and individuals who exercise the authority, functions or responsibilities of an employer. At the same time, it affects the public and private sectors of both formal and informal economy, in urban and rural areas.

The novelty of the Convention is that it does not circumscribe work to the physical space where it takes place and, therefore, it can be applicable to situations of violence and harassment that occur within and out of the workplace, whenever these occur in relation or as a result of a work task. It also contemplates the situations of harassment and violence taking place through information and communication technologies, reflecting a new reality of the labor markets.

For Argentina, the ratification of this Convention will contribute to the strengthening of its regulatory framework. Despite having bolstered our legislative and jurisdictional framework, in our country, results in erradication of workplace violence continue to be sterile. The stipulated mechanisms fall short of their promise not only because those who must act with responsibility and commitment on the subject fail to do so, but also because the few initiatives that do exist leave many gaps that undermine the human rights of the affected people.

In addition, this Convention acts as a minimum standard applicable to future regulations on Objective Labor Violence, which aim to block possible reprisal attempts in cases where a public official fulfills his obligations related to his oversight functions.

From the network of workers composed of the Association of Personnel of Control Organizations (Asociación del Personal de Organismos de Control, APOC), the Association of Employees and Public Revenue (Asociación de Empleados e Ingresos Públicos, AEFIP) and the Union of Employees of the National Justice Sector (Unión Empleados de la Justicia de la Nación, UEJN), we have been working for years towards the protection of workers whose duties are related to functions of control, inspection, sanction, opinion, accusation, judgment and supervision of tasks that are sensitive to the protection and defense of the interests and patrimony of the State, transparency, efficiency, and the quality of public services.

In the same vein, APOC, through the Latin American Union of Workers of Control Organizations (Unión Latinoamericana de Trabajadores de Organismos de Control, ULATOC), has been working to bring attention to this problem that affects not only those who work in sensitive areas but also the whole society, which suffers on a daily basis the consequences of corrupt practices.

In my role as a member of the Chamber of Deputies of Argentina, together with several other members, I introduced a bill to Prevent, Eradicate and Criminalize Labor Violence, with the aim of providing more tools to workers to address this unfortunate phenomenon that affects the access to equal opportunities.

The ILO Convention is not-binding, so the success of its application will depend on the will of the States that ratify it. In this regard, Argentina must join the defense of the rights of workers, and become the first country to ratify the Convention. In addition, the unions must strongly promote the approval of the Convention and demand that laws be passed requiring employers to take appropriate measures, in accordance with their degree of responsibility, to prevent violence and harassment in the workplace.

- Dip. Carla Pitiot
Member of the Chamber of Deputies of Argentina
APOC union leader
PGA member