Government must ratify the 62 Conventions of ILO and Asbestos
Resolution of 2006
India must support inclusion of white chrysotile asbestos in the UN
Hazardous Substances list under Rotterdam Convention
Workers’ health indicates what’s going to happen to community and
environment later
May 1, 2015: International Workers' Day is a celebration of the
working classes on 1st May every year to commemorate the struggle for
eight hours for work, eight hours for recreation, and eight hours for
rest. If government is indeed serious in its celebrations of the day,
it should ensure eight hour working hour across private and public
sector in the country. Government must ratify the 62 Conventions of
International Labour Organisation (ILO) which it has not ratified.
Besides this, Government of India must act to implement the ILO
resolution of 1st June, 2006 seeking elimination of asbestos of all
kinds adopted by the 95th Session of the International Labour
Conference. The resolution reads:
The General Conference of the International Labour Organization,
• Considering that all forms of asbestos, including chrysotile, are
classified as known human carcinogens by the International Agency for
Research on Cancer, a classification restated by the International
Programme on Chemical Safety (a joint Programme of the International
Labour Organization, the World Health Organization and the United
Nations Environment Programme),
• Alarmed that an estimated 100,000 workers die every year from
diseases caused by exposure to asbestos,
• Deeply concerned that workers continue to face serious risks from
asbestos exposure, particularly in asbestos removal, demolition,
building maintenance, ship-breaking and waste handling activities,
• Noting that it has taken three decades of efforts and the emergence
of suitable alternatives for a comprehensive ban on the manufacturing
and use of asbestos and asbestos-containing products to be adopted in
a number of countries,
• Further noting that the objective of the Promotional Framework for
Occupational Safety and Health Convention 2006 is to prevent
occupational injuries, diseases and deaths,
1. Resolves that:
(a) the elimination of the future use of asbestos and the
identification and proper management of asbestos currently in place
are the most effective means to protect workers from asbestos exposure
and to prevent future asbestos-related diseases and deaths; and
(b) the Asbestos Convention, 1986 (No. 162), should not be used to
provide a justification for, or endorsement of, the continued use of
asbestos.
2. Requests the Governing Body to direct the International Labour Office to:
(a) continue to encourage member States to ratify and give effect to
the provisions of the Asbestos Convention, 1986 (No. 162), and the
Occupational Cancer Convention, 1974 (No. 139);
(b) promote the elimination of future use of all forms of asbestos and
asbestos containing materials in all member States;
(c) promote the identification and proper management of all forms of
asbestos currently in place;
(d) encourage and assist member States to include measures in their
national programmes on occupational safety and health to protect
workers from exposure to asbestos; and
(e) transmit this resolution to all member States.
This resolution has been endorsed by the Supreme Court of India in its
order dated January 21, 2011 and National Human Rights Commission is
seeking its implementation from all the states and concerned central
ministries. It is high time the process is expedited. It is about time
Government supported inclusion of white chrysotile asbestos in the UN
list of hazardous substances under Rotterdam Convention to be
consistent with India’s own domestic law like Factories Act, 1948 and
the inventory of hazardous chemicals import in India prepared Central
Pollution Control Board at the upcoming Seventh Conference of Parties
of the Convention in Geneva, Switzerland from 04 May to 15 May 2015.
Workers and their families who get exposed die a very painful death
from the incurable asbestos related diseases.
In contempt of Supreme Court’s judgment dated January 27, 1995, the
Ministry of Environment of Forests continues to grant environmental
clearance to asbestos based companies despite the fresh resolution of
ILO seeking elimination of asbestos which has been endorsed by the
Court. This has been reiterated by the Court in its judgment dated
January 21, 2011. Thus, the ministry emerges as a anti-worker entity.
Supreme Court has examined the carcinogenicity of “ASBESTOS
(mesothelioma and lung cancer)” in the Consumer Education & Research
Centre Vs Union Of India & Others on 27 January, 1995 and observed
that “In man the link of lung cancer with asbestos has been mainly
epidemiological. while asbestosis cannot occur without exposure to
asbestos mad consequently every case of asbestosis must be linked with
such exposure, with pulmonary cancer the situation is quite different.
It is a rather common disease in the general population. The link with
exposure to asbestos is based on finding whether in those exposed to
asbestos is based on finding whether in those exposed to asbestos bang
cancer occurs more frequently than in those unexposed, i.e. whether in
those exposed there is an excess incidence of lung cancers.”(1995 AIR
922, 1995 SCC (3) 42)
Apart from the above resolution, Government of India must ratify these
62 conventions:
C087 - Freedom of Association and Protection of the Right to Organise
Convention, 1948
C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
C138 - Minimum Age Convention, 1973 (No. 138)
C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129)
C077 - Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77)
C078 - Medical Examination of Young Persons (Non-Industrial
Occupations) Convention, 1946
C094 - Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
C095 - Protection of Wages Convention, 1949 (No. 95)
C097 - Migration for Employment Convention (Revised), 1949 (No. 97)
C102 - Social Security (Minimum Standards) Convention, 1952 (No. 102)
C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
C110 - Plantations Convention, 1958 (No. 110)
C120 - Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
C121 - Employment Injury Benefits Convention, 1964 in 1980> (No. 121)
C124 - Medical Examination of Young Persons (Underground Work) Convention, 1965
C128 - Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)
C130 - Medical Care and Sickness Benefits Convention, 1969 (No. 130)
C131 - Minimum Wage Fixing Convention, 1970 (No. 131)
C135 - Workers' Representatives Convention, 1971 (No. 135)
C139 - Occupational Cancer Convention, 1974 (No. 139)
C140 - Paid Educational Leave Convention, 1974 (No. 140)
C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)
C145 - Continuity of Employment (Seafarers) Convention, 1976 (No. 145)
C146 - Seafarers' Annual Leave with Pay Convention, 1976 (No. 146)
C148 - Working Environment (Air Pollution, Noise and Vibration)
Convention, 1977 (No. 148)
C149 - Nursing Personnel Convention, 1977 (No. 149)
C150 - Labour Administration Convention, 1978 (No. 150)
C151 - Labour Relations (Public Service) Convention, 1978 (No. 151)
C152 - Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)
C154 - Collective Bargaining Convention, 1981
C155 - Occupational Safety and Health Convention, 1981
C156 - Workers with Family Responsibilities Convention, 1981
C157 - Maintenance of Social Security Rights Convention, 1982
C159 - Vocational Rehabilitation and Employment (Disabled Persons)
Convention, 1983
C161 - Occupational Health Services Convention, 1985
C162 - Asbestos Convention, 1986
C163 - Seafarers' Welfare Convention, 1987
C164 - Health Protection and Medical Care (Seafarers) Convention, 1987
C165 - Social Security (Seafarers) Convention (Revised), 1987
C166 - Repatriation of Seafarers Convention (Revised), 1987
C167 - Safety and Health in Construction Convention, 1988
C168 - Employment Promotion and Protection against Unemployment
Convention, 1988
C169 - Indigenous and Tribal Peoples Convention, 1989
C170 - Chemicals Convention, 1990
C171 - Night Work Convention, 1990
C172 - Working Conditions (Hotels and Restaurants) Convention, 1991
C173 - Protection of Workers' Claims (Employer's Insolvency) Convention, 1992
C175 - Part-Time Work Convention, 1994
C176 - Safety and Health in Mines Convention, 1995
C177 - Home Work Convention, 1996
C178 - Labour Inspection (Seafarers) Convention, 1996
C179 - Recruitment and Placement of Seafarers Convention, 1996
C180 - Seafarers' Hours of Work and the Manning of Ships Convention, 1996
C181 - Private Employment Agencies Convention, 1997
C183 - Maternity Protection Convention, 2000
C184 - Safety and Health in Agriculture Convention, 2001
C185 - Seafarers' Identity Documents Convention (Revised), 2003
C187 - Promotional Framework for Occupational Safety and Health
Convention, 2006
C188 - Work in Fishing Convention, 2007
C189 - Domestic Workers Convention, 2011
MLC - Maritime Labour Convention, 2006
Source: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11210:0::NO::P11210_COUNTRY_ID:102691
The industrial disaster of 1984 in Bhopal demonstrated that what
happens to workers happens to communities and environment. It is
important for the government, trade unions and all the social
organizations to recollect the fate of migrant workers in general and
workers working in hazardous industries and to intervene to save their
health and life from dirty, degrading and dangerous working and living
conditions.
This day is celebrated to commemorate the Haymarket affair, which
occurred in Chicago on 4th May 1886. This day has its origins in the
labour union movement, specifically the eight-hour day movement, which
advocated eight hours for work, eight hours for recreation, and eight
hours for rest. On May 4, the police were trying to disperse a public
assembly during a general strike for the eight-hour workday, when an
unidentified person threw a bomb at the police. The police responded
by firing on the workers, killing four demonstrators. The first May
Day celebration in India was organised in Chennai by the Labour Kisan
Party of Hindustan on 1st May 1923 wherein red flag was used for the
first time in India.
For Details: Gopal Krishna, Occupational Health India
(OHI)-ToxicsWatch, Mb: 08227816731, 09818089660,

Hastakshep