A/HRC/13/33
Conditions of Employment of Plantation Workers. States face two major and interrelated
challenges in the implementation of these instruments.
1.
Guaranteeing the right to a living wage
14.
As companies in the agribusiness sector increasingly buy from different suppliers
across different regions, competition increases between suppliers, and there is a risk of
regulatory competition between the countries that host them. As a result, various forms of
abuse in the payment of wages could remain unpunished. Such abuses include the nonpayment or deferred payment of wages; the exclusion of agricultural workers from national
legislation on the minimum wage; non-respect of periodic readjustment of minimum wage
rates; the lack of adequate sanctions to deter abuse of the minimum wage system, where it
exists; and the lack of statistics and data on workers covered by minimum wages in this
sector.
15.
It is the duty of the State to ensure that a minimum wage is set in legislation, and
that compliance with this requirement is adequately monitored. That minimum wage should
be, at least, a “living wage”, that “provides an income allowing workers to support
themselves and their families”, as required under articles 6 and 7 of the International
Covenant on Economic, Social and Cultural Rights.22 Work could be launched on the
design of a universally agreed-upon methodology to define a living wage, expressed in
terms of the hourly wage rate a full-time worker should earn.23 No such definition currently
exists.
16.
A methodology to define the living wage at national level should be based on a
number of common principles. It should: (a) ensure that all members of the family have
permanent access to quantitatively and qualitatively adequate and sufficient food, that is in
conformity with the cultural traditions of the family concerned, without having to sacrifice
other basic human rights, such as the right to education or to housing;24 (b) be transparent
and adaptable to the evolution of the cost of living, including the evolution of the price of
the basic food basket; (c) allow for a calculation based on easily accessible data; (d) take
into account specific needs, for example the costs of transportation for those living away
from the place of work, or the costs of taking care of members of the family unable to
provide for themselves; (e) build on, and be consistent with, ILO Conventions No. 99 and
No. 131 (1970) on Minimum Wage Fixing, with Special Reference to Developing
Countries, particularly as regards the requirement that the minimum wage should be fixed
taking into consideration, inter alia, “the needs of workers and their families, taking into
account the general level of wages in the country, the cost of living, social security benefits,
and the relative living standards of other social groups”;25 and (f) include an element of
progressivity, with a view to reducing inequalities in incomes.
17.
A methodology based on such principles would take into account the characteristics
of each country and the significant differences of the cost of living across different
22
23
24
25
GE.09-17776
Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right to
work (art. 6), para. 7. The Ethical Trading Initiative Base Code refers to a “living wage” as one that is
“enough to meet basic needs and to provide some discretionary income” (art. 5.1). The Global Social
Compliance Programme reference code states that “Compensation shall meet basic needs and provide
some discretionary income for workers and their families” (6.3).
For an attempt, see Michael J. Zimmer, “Decent Work with a Living Wage”, Seton Hall Public Law
Research Paper No. 1072083, available at SSRN: http://ssrn.com/abstract=1072083.
This is in line with general comment No. 12 (1999) on the right to adequate food (art. 11) of the
Committee on Economic, Social and Cultural Rights, as well as with the requirement of the
interdependency and indivisibility of all human rights.
ILO Convention No. 131, art. 3 (a).
7
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