The ILO Convention C190 and R206: What They Are and Who They Are For

The report describes the origins, purpose, and structure of ILO Convention C190 and its accompanying Recommendation R206. Adopted in 2019 after extensive consultations, C190 establishes every worker’s right to a world of work free from violence and harassment, covering both formal and informal workers, job seekers, trainees, and volunteers. Ratifying countries, like South Africa (in 2021), are legally bound to align national laws with its principles. The Convention rests on three pillars: broad coverage of all workers, a wide understanding of the “world of work” that includes physical and virtual spaces and commuting, and grounding in human rights. It requires states to prohibit violence and harassment by law, enforce compliance, raise awareness, train employers, and provide accessible complaint mechanisms and gender-responsive remedies, including for domestic violence spillover. Recommendation R206 adds detailed, practical measures for prevention, enforcement, support services, and training for authorities, calling for cooperation among governments, employers, and unions. The report traces earlier attempts to address workplace abuse through occupational health, equality, or labour laws, noting that while previous ILO conventions (like C155 and C161) addressed physical and mental health risks, they were insufficient to tackle harassment and violence—necessitating C190 as a more comprehensive, rights-based approach.

Legislative Compliance with C190

The report examines how South Africa’s laws align with ILO Convention C190 after its 2021 ratification. Globally, only about half of ratifying countries have meaningfully updated their legislation, with most reforms addressing labour, equality, and occupational health and safety laws. In South Africa, pre-C190 protections against workplace violence and harassment were scattered across several acts—the Labour Relations Act, Employment Equity Act (EEA), PEPUDA, Occupational Health and Safety Act, and others—creating a fragmented system that left many workers, especially in informal sectors, unprotected. Studies reveal widespread workplace abuse, particularly in health care, domestic work, and public service, with most cases unreported due to weak enforcement, inconsistent definitions, and lack of awareness.

Since ratification, the government has introduced only two key measures: the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) and the Policy on the Prevention and Elimination of Harassment in the Public Service World of Work (2024). Both represent progress but remain non-binding, limited in scope, and weakly enforced. Major gaps persist—no unified definition of harassment, inadequate sanctions, lack of data collection, poor training for officials, and little awareness-raising. The public service policy introduces roles such as Harassment Advisors and Gender Focal Points but lacks clear remedies, protections, or coverage for outsourced and informal workers. Overall, South Africa’s legal framework remains largely symbolic: while it aligns rhetorically with C190 principles, its implementation and enforcement are insufficient to ensure genuine protection from workplace violence and harassment.

Trade Unions’ Progress

South African trade unions have played a vital role in advancing and implementing ILO Convention C190, despite limited government action. Unions were instrumental in achieving South Africa’s ratification of the Convention and in shaping the updated Code of Good Practice on the Prevention and Elimination of Harassment. They continue to pressure the government and the ILO to strengthen enforcement and fill policy gaps. Through lobbying, unions have pushed for clearer laws, better protection for informal workers, and stronger monitoring mechanisms, with the ILO echoing many of their concerns in official requests to the government.

Unions are also engaging employers by incorporating anti-harassment measures into collective bargaining and workplace policies, achieving some wins such as transport allowances for late shifts and safety improvements in sectors like retail and healthcare. Educational efforts have expanded awareness of workers’ rights under C190, with training for members and shop stewards leading to an increase in reported harassment cases. Solidarity work has been strong, with trade unions collaborating with civil society and forming initiatives like the Gender Taskforce to promote gender equality and safe workplaces.

However, challenges persist: legislation remains weak, enforcement uneven, and employer cooperation limited. Many workplace harassment cases are unresolved or withdrawn due to fear of retaliation and long delays. Awareness campaigns have lost momentum since ratification, and unions struggle to sustain coordinated national efforts. Internally, some unions still need to align their own workplace cultures and policies with C190 standards to ensure gender-safe environments and consistent procedures for addressing harassment.

Best Practices and Examples

The report outlines strategies and international examples to help trade unions strengthen the fight against workplace violence and harassment. It emphasizes shifting from a reactive to a preventive approach by integrating C190 principles into Occupational Health and Safety (OHS) frameworks. Since South Africa already ratified the OHS Convention (C155), unions can use it to ensure that both physical and mental health are protected at work. Unions are encouraged to analyze sector-specific risks, identify which groups of workers are most vulnerable, and use internal data on complaints to guide advocacy and policy design.

International best practices show that collaboration with employers—such as through anti-harassment pledges, joint training programs, and sector-level codes of conduct—can improve prevention even without formal legislation. Examples from Indonesia, India, Chile, and Ireland illustrate how unions have successfully negotiated for stronger protections, psychosocial risk assessments, and even paid leave for domestic violence survivors.

The report also stresses improving internal trade union culture by creating safe, confidential channels for members to report abuse and by strengthening feedback loops through shop stewards. Mechanisms such as anonymous surveys, hotlines, or online reporting tools can help identify and address problems early. Overall, the report encourages unions to combine legislative advocacy, employer engagement, and internal reform to build safer, harassment-free workplaces that fully reflect the principles of ILO Convention C190.

A Trade Union Perspective on C190 in Practice in South Africa

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