A/HRC/13/33
countries. It should naturally be seen as a minimum, above which countries and social
partners should be encouraged to move as speedily as possible, through laws and collective
agreements. In the agricultural sector, it is sometimes understood that the minimum wage
can be paid, in part, in the form of allowances in kind, when the employer provides
housing, food rations, or health care to the workers. States should ensure that such
allowances are appropriate for the personal use and benefit of the worker and his family and
that “the value attributed to such allowances is fair and reasonable”.26 At the same time, the
imposition of a living wage should not increase the incentive to develop informal forms of
employment in the agricultural sector, in which this is already one of the major obstacles to
the effective monitoring and implementation of existing safeguards.
2.
Monitoring compliance with labour legislation
18.
Agricultural workers should benefit from the same level of protection as workers in
other sectors. This implies that agricultural workers should be protected by the social
security schemes applicable to the industrial and commercial sectors. A first step towards
achieving this is to establish a scheme making the registration of agricultural workers
compulsory, as has been done in Argentina under pressure from the Argentine Union of
Rural Workers and Stevedores (UATRE). Similarly, labour providers should be registered
and should only be authorized to work under a licence, and any violation of the applicable
legislation should lead to the licence being revoked.27
19.
Agriculture is often excluded from coverage under national occupational health and
safety regulations, and such standards are usually not enforced even when they do exist. As
a result, agriculture is one of the three most dangerous occupations to work in, along with
construction and mining.28 This is a direct cause of poverty in rural areas: families are left
without protection when the main breadwinner is killed or injured at work. ILO Convention
No. 184 (2001) on Safety and Health in Agriculture and its accompanying recommendation
No. 192 (2001) formally recognize that agricultural workers are guaranteed the same rights
and protection with regard to their health and safety as other categories of workers.
Innovative solutions, such as that experimented with in Sweden, where unions have won
the right to send safety representatives onto farms located in their region, may have to be
scaled up further.
20.
The single most important obstacle to the enforcement of labour legislation and the
reason for the continuing existence of high levels of informal employment is the weak
capacity of labour inspectorates to monitor employment conditions in the agricultural
sector. ILO Convention No. 129 (1969) on Labour Inspection in Agriculture requires
governments to establish a system of labour inspection in agriculture and describes the
main functions of labour inspection, including that of playing a proactive role by bringing
gaps in protection to the attention of the competent authorities and making proposals as to
how to bridge those gaps. However, although some progress has been made on this front in
recent years,29 more political will is needed in this respect: Convention No. 129 has been
ratified by significantly fewer States than Convention No. 81 (1947) on Labour Inspection
26
27
28
29
8
ILO Convention No. 99, art. 2, para. 2 (b). See also ILO Convention No. 110 (1958), art. 27, para. 3.
See, for instance, the role of the Gangmasters Licensing Authority in the UK. In May 2009, in order
to make enforcement more effective, the GLA and firms including Tesco and Sainsbury’s have drawn
up a draft protocol on joint checks of suppliers and sharing information on any abuses.
Peter Hurst, Agricultural workers and their contribution to sustainable agriculture and rural
development, ILO, FAO, IUF, 2007, sect. 2.8, p. 51.
ILO General Survey of the reports concerning the labour inspection conventions and
recommendations, report III (1B), International Labour Conference, 95th Session, 2006, para. 13.
GE.09-17776
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