E/C.12/GC/18
page 13
VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES
52.
While only States are parties to the Covenant and are thus ultimately accountable for
compliance with it, all members of society - individuals, local communities, trade unions, civil
society and private sector organizations - have responsibilities regarding the realization of the
right to work. States parties should provide an environment facilitating the discharge of these
obligations. Private enterprises - national and multinational - while not bound by the Covenant,
have a particular role to play in job creation, hiring policies and non-discriminatory access to
work. They should conduct their activities on the basis of legislation, administrative measures,
codes of conduct and other appropriate measures promoting respect for the right to work, agreed
between the government and civil society. Such measures should recognize the labour standards
elaborated by the ILO and aim at increasing the awareness and responsibility of enterprises in the
realization of the right to work.
53.
The role of the United Nations agencies and programmes, and in particular the key
function of the ILO in protecting and implementing the right to work at the international,
regional and national levels, is of particular importance. Regional institutions and instruments,
where they exist, also play an important role in ensuring the right to work. When formulating
and implementing their national employment strategies, States parties should avail themselves of
the technical assistance and cooperation offered by the ILO. When preparing their reports,
States parties should also use the extensive information and advisory services provided by the
ILO for data collection and disaggregation as well as the development of indicators and
benchmarks. In conformity with articles 22 and 23 of the Covenant, the ILO and the other
specialized agencies of the United Nations, the World Bank, regional development banks, the
International Monetary Fund, the World Trade Organization and other relevant bodies within
the United Nations system should cooperate effectively with States parties to implement the
right to work at the national level, bearing in mind their own mandates. International financial
institutions should pay greater attention to the protection of the right to work in their lending
policies and credit agreements. In accordance with paragraph 9 of general comment
No. 2 (1990), particular efforts should be made to ensure that the right to work is protected in
all structural adjustment programmes. When examining the reports of States parties and their
ability to meet their obligations under article 6, the Committee will consider the effects of the
assistance provided by actors other than States parties.
54.
Trade unions play a fundamental role in ensuring respect for the right to work at the local
and national levels and in assisting States parties to comply with their obligations under article 6.
The role of trade unions is fundamental and will continue to be considered by the Committee in
its consideration of the reports of States parties.
Notes
1
See the preamble to ILO Convention No. 168, 1988: “… the importance of work and
productive employment in any society not only because of the resources which they create for
the community, but also because of the income which they bring to workers, the social role
which they confer and the feeling of self-esteem which workers derive from them.”