CARICOM to Develop a Policy on Business and Human Rights
By: Bynta Ernest
Tags: Caricom, Human Rights

“Employment should be a vector to lift people out of poverty, but this is only true if job quality is sufficient, including adequate earnings, job security and safe working environments.” (ILO , 2019 )

Recently, Prime Minister Mia Mottley of Barbados gave an impassioned speech following talks with the Barbados Workers Union and the security company G4S. Prime Minister Mottley indicated that the company acknowledged that it knowingly infringes on the rights of some of its employees through underpayment, and company officials further admitted that there was little provision of avenues for promotion within the company for many (Austin, 2020). Given this scenario, many of these employees could be classified as working poor, which is described by the International Labour Organization (ILO) as persons who are living in poverty despite being employed, as their salaries are not sufficient to better their living conditions for themselves and their families (ILO , 2019 ).

Companies like G4S operate all over the Caribbean, under the business model of “Profits before People”. This statement made by Prime Minister Mottley made the recent UN Barbados/OECS/EU/UWI Guild debate on “Human Rights Should be the Primary Focus of Multilateral Organisations within the Caribbean Region” a more poignant and timely debate. The Caribbean, through its multilateral organisations such as the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS), recognises the necessity for collaboration on many pertinent development issues, and I firmly believe that human rights needs to be one of them.

While all CARICOM countries have ratified a number of ILO Conventions, many have challenges in actively monitoring the national implementation of these conventions and subsequently reporting on them in an efficient and timely manner (ILO , 2017). With such challenges, leaves one to wonder how many more companies operate under the G4S Model within the region, with workers feeling disempowered. This makes the development of a region-wide policy on Business and Human Rights(BAHR) a necessity, to ensure that companies adhere to the same standards across CARICOM. The existence of such a policy should be aimed at developing coherence not only among States, but also among local stakeholders to facilitate interaction and communication and of course to address the gaps that contravene the principles of human rights. Furthermore, a policy on BAHR will direct companies to put people first, by encouraging responsible business conduct, by protecting the human rights of not only workers, but that of the wider community as companies develop a culture of Corporate Social Responsibility.

The development of a region-wide BAHR policy already has a foundation within CARICOM. Firstly, as noted above, CARICOM Member States are all members of the ILO and already subscribe to core labour standards set out in the ILO Conventions. Additionally, CARICOM’s 1995 Declaration on Labour and Industrial Relations commits CARICOM countries to implement the same principles and rights of workers expressed in the ILO core labour standards. The Declaration further contains separate chapters which details provisions on freedom of association, collective bargaining, nondiscrimination in employment and occupation, employment policy, labour administration, dispute settlement and consultation and tripartism (CARICOM, 2006). ” The Declaration has evolved into concrete efforts through the harmonisation of labour laws across CARICOM States especially in response to the implementation of the Caribbean Single Market and Economy (CSME) (ILO, 2006–2008). Though the rate of implementation of harmonisation has differed across the region (ILO , 2017), I believe it is however one step closer to the development of a region-wide policy on BAHR, though the harmonisation of labour laws would only be considered a subset of such a policy, as a BAHR policy has many more components. I am hopeful that the development of a BAHR policy will also help CARICOM States understand the importance of ratifying, implementing and reporting on other related human rights conventions and would spur individual States to develop and strengthen their national human rights frameworks.

Prime Minister Mia Mottley’s stance on the issue with G4S and her current role as lead Head of Government within CARICOM for the CSME, should act as the impetus to commence region-wide discussions on the development of a Business and Human Rights Policy for CARICOM States.

Bibliography

Austin, S. (2020, December 8). Government Will Not Condone Discrimination in Any Form. Retrieved from Government Information Service Barbados : https://gisbarbados.gov.bb/blog/government-will-not-condone-discrimination-in-any-form/

CARICOM. (2006). Trade and Labour Issues: Exploration of CARICOM Interests . https://caricom.org/documents/10247-trade_and_labour_issues_exploration_of_caricoms_interests_by_crnm.pdf.

ILO . (2017). Caribbean training course on reporting on ILO Conventions and Recommendations, 13–15 September 2017. ILO .

ILO . (2017). Strategy for Harmonisation of Labour Laws : A Discussion on Options. International Labour Organisation .

ILO . (2019 ). The Working Poor or how a job is no guarantee of decent living conditons: A study based on ILO global estimates of employment by economic class. Retrieved from https://ilo.org/wcmsp5/groups/public/---dgreports/---stat/documents/publication/wcms_696387.pdf

ILO. (2006–2008). Harmonization of Labour Legislation inILO Member States in the English- and Dutch-speaking Caribbean. Retrieved from International Labour Organization : https://www.ilo.org/caribbean/projects/WCMS_305602/lang--en/index.htm