The International Labour Organization’s Convention 190 aims to eliminate violence and harassment at work, with unions playing a key role, writes Katie Camarena.
In November 2022, Prime Minister Anthony Albanese committed to tabling the International Labour Organization Convention concerning the elimination of violence and harassment in the world of work (No. 190) in Parliament.
This was a crucial step towards ratifying the Convention and addressing violence and harassment in Australian workplaces. Australia has now ratified it and it came into force in June 2023.
“We commend the Albanese government for taking this important step to making our workplaces safer for women and all workers,” ACTU President Michele O’Neil said in a media statement in June.
What is ILO Convention 190?
Known as ILO C190, this Convention explicitly recognises everyone’s right to a ‘world of work’ free from violence and harassment. It is the first international treaty of its kind.
ILO C190 provides a broad definition of violence and harassment that encompasses both physical and psychological harm, including sexual harassment and gender-based violence. It also seeks to fill gaps in existing national legislation.
It also covers violence and harassment that may occur while commuting to and from work, and violence and harassment enabled through communications technologies.
ILO C190 is groundbreaking because it protects workers regardless of their employment status, so it includes volunteers, apprentices, interns, job seekers, job applicants and casual workers.
Adopted at the International Labour Conference in June 2019, the negotiation and adoption of ILO C190 was the result of more than a decade of activism by women in the global union movement and other women’s organisations. The Australian Council of Trade Unions (ACTU) was involved in the standard-setting discussions in 2018 and 2019.
A union-led global approach
ILO C190 provides clear and comprehensive definitions of violence and harassment that help close legal loopholes in countries that have, or are developing, policies on these issues. By using principles within ILO C190 in collective bargaining agreements, unions have a global framework to create safer workplaces.
International union federations play an important role. IndustriALL, a global union representing 50 million workers, successfully campaigned for the Philippines to ratify C190. Argentina also ratified it after pressure from a union-led campaign involving more than 100 unions. In Indonesia, unions are incorporating C190 principles into bargaining agreements despite the country’s non-ratification status.
Addressing the issue in Australia
Australia has had sexual harassment legislation for more than 30 years, yet violence and harassment at work are still prevalent. Statistics show one in three people have experienced sexual harassment at work in the past five years with some industries, including education, experiencing higher levels.
The Royal Commission into Defence and Veteran Suicide, which released its final report in September 2024, revealed a disturbing pattern of women being routinely assaulted, harassed, intimidated, and humiliated by colleagues in the workplace.
A range of reforms have been introduced to address violence and harassment in Australian workplaces including the Respect@Work amendments in 2022 which enshrined a positive duty obligating employers to proactively prevent sexual harassment.
Most recently, the Costs Protection amendment, which passed the Senate in September 2024, makes it easier for victim-survivors of workplace sexual harassment to seek justice through the ‘equal access’ costs model.
The road ahead
ILO C190 affirms that every worker deserves the right to perform their job free from violence and harassment. The work to ensure effective implementation of ILO C190 is only just beginning. Countries that have ratified the Convention, along with the global union movement, are essential in turning the promise of C190 into a reality and creating safer workplaces where violence and harassment are not tolerated.