Report on crisis-related ILO work in the Occupied Palestinian Territory Draft Statement by the Republic of South Africa

Banner of the National Department of Labour together with the South African flag

13 March 2024

Esteemed delegates,

The Republic of South Africa welcomes the opportunity to address this matter of utmost urgency. We welcome the focus and substance of the Director General’s report. My delegation is deeply concerned about the immediate impact of the damage caused by the Israeli military operation on economic activity and household welfare in Gaza.

We concur with the Director-General’s assertion that the people of Palestine continue to endure unspeakable suffering at the hands of the Israeli military, with their fundamental human rights, including labour rights, trampled upon and their very existence threatened. It also states that a “minimum of 66% of employment has been lost in Gaza, equivalent to 192 000 jobs and loss of employment for the 20,000 Gazans previously employed in Israel.”

South Africa expresses concern about Israel’s use of force in the Occupied Palestine Territory, noting potential violations of international labour conventions. Israel’s actions have had a major negative impact on the livelihoods, economy, workers and businesses in Gaza. The ILO figures that an estimated 66 per cent of employment had been lost compared to pre-conflict levels by December 2023, with unemployment reaching unprecedented levels, are most concerning and can only confirm the unfolding genocide in Gaza.

Furthermore, we are deeply concerned that Israel could be weaponising bilateral labour agreements with fellow ILO Member States to not only replace Palestinian workers but also to displace them. The DG’s Report points to a mere 10,000 of the 171,000 workers from the West Bank formerly employed in Israel and the settlements currently able to work there.

In 2015, Human Rights Watch already exposed abuses against foreign agricultural workers in Israel.

Moreover, the complicity of certain ILO Member States and entities in perpetuating this injustice in Gaza through their actions and support cannot be ignored; and should be condemned. The silence and inaction of some within our ranks only serve to embolden the oppressors and prolong the suffering of the oppressed Palestinians.

As a matter of concern which deserves urgent attention, we want to appeal to the ILO and the affected Member States to re-look at these bilateral labour agreements because they go against the principles that underpin this organisation and take decisive action to hold Israel accountable for its actions.

We believe Israel’s actions constitute violations of several fundamental ILO conventions it has ratified. We also believe we have sufficient legal grounds to initiate action against Israel under Article 26 of the ILO Constitution and other international human rights treaties.

Furthermore, we appeal to the Workers’ Group and Employers’ Group to break their silence and actively address the plight of Palestinian workers and businesses facing unimaginable hardship. We believe in the critical role of tripartism in upholding decent work principles and advocating for social justice for those most vulnerable.

Chairperson,

We cannot continue to turn a blind eye to the dire situation unfolding in Gaza and the Occupied Palestinian Territories, where innocent lives are lost daily, and livelihoods are decimated with impunity. The recent interim measures issued by the International Court of Justice (ICJ) regarding Israel’s genocidal actions are a stark reminder of the urgent need for international intervention to halt these egregious violations.

On 27 January 2024, the Court directed Israel to prevent its military forces from engaging in acts mentioned in the Genocide Convention, take measures to prevent and punish incitement to genocide, ensure humanitarian aid reaches Gaza promptly, prevent the destruction of evidence related to genocide allegations and submit a compliance report within a specified time period.

South Africa is appalled that Israel continues to disregard the ICJ ruling. We urge the international community to add its voice to the chorus of indignation about Israel’s flagrant disregard for international law, not only in its military action in Gaza but also in its refusal to immediately and unconditionally implement the provisional measures ordered by the principal legal organ of the United Nations.

The ILO constituents can no longer afford to keep quiet. We observe with serious concerns that the organisation has failed to even come up with a simple joint statement expressing its abhorrence at this utter disregard for the rule of law by a Member State.

Chairperson, Dear Colleagues

There is a need for immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza.

We therefore urge those ILO Member states who have announced that they will defund humanitarian work by some UN agencies in Gaza to reconsider their decision. We urge those with influence on Israel to ensure that Israel takes all measures necessary to comply with all of their obligations under international law.

At the same time, we must applaud the Principals of the Inter-Agency Standing Committee who issued a statement on 30 January 2024, suggesting that “we must not prevent an entire organisation from delivering on its mandate to serve people in desperate need”. They also indicated that the world cannot abandon 2.2 million people in Gaza. We sadly are complicit to this abandonment by failing to be vocal against the genocide. Even here at the ILO, our country stands by our complaint filed with the ICJ.

In conclusion, we express our gratitude to those governments and entities that have lent their unwavering support to the cause of the Palestinian people.

History teaches us valuable lessons. We, in South Africa, understand the devastating consequences of oppression and the fight for basic human rights.

As our former President, Nelson Mandela, aptly stated during his address to the 77th International Labour Conference in 1990:

“We would like to take this opportunity to salute the ILO for its enormous contribution to our common struggle. The actions you took which resulted in the withdrawal of South Africa from the ILO a quarter of a century ago, and what you have done since then, are important elements in the common efforts of all humanity to isolate and by this means destroy the system of apartheid.”

Let us stand together in solidarity and resolutely condemn all forms of oppression and injustice.

Thank you.