domestic workers: decent work for all â south africa - Solidar

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The ILO accepts that domestic work is an important occupation for millions of individuals worldwide, absorbing up to 10% of total employment in some countries. However, this work is undervalued and poorly regulated. Research by Human Rights Watch on domestic work in twenty countries confirms that domestic workers are among the most exploited and abused workers in the world. 7 Predominantly (though not exclusively) women and girls, they often experience working conditions that fall far short of international standards, including low and irregular pay, excessively long hours of work, lack of rest periods and exclusion from social protection such as social security and maternity benefits. 8 Domestic workers may also face physical, psychological, and sexual abuse, food deprivation, forced confinement and trafficking into forced labour. These risks are heightened as a result of their isolation in private households, the imbalance of power between employer and worker, lack of information or ability to seek help, and financial pressures and debts that make them afraid to lose their employment. 9 Historical background Prior to the 20th century, ―servants‖ and workers in many countries had little or no protection in law. The only real advantage that domestic service provided was the provision of meals and accommodation, and sometimes clothes, in addition to the modest wage. Also, it was in some cases an ―apprentice‖ system with room for advancement through the ranks. However, it was also perilous, particularly for females, as there was little protection from abuse, including sexual exploitation, by unscrupulous employers or other members of the family. In a country such as Britain this system peaked towards the close of the Victorian era, perhaps reaching its most complicated and rigidly structured state during the early 1900s, which reflected the limited social mobility of the time. In much of the former colonial and developing world systems of domestic employment have remained entrenched to this day, while new patterns of migration of mainly female domestic workers from these countries to developed countries have emerged in recent decades. Why women work as domestic workers A combination of push and pull factors contribute to women entering domestic work, either in their own countries or abroad. Rural poverty has increased in many countries due to structural adjustment programmes, devastation of the agricultural sector, economic crises and other factors. 10 This has pushed many women and girls into the domestic labour market. With few formal jobs available and faced with gender discrimination, often coupled with discrimination based on caste or class, race or ethnicity, their options for decent work are limited. And, as most are from poor households, they often have low levels of education and few marketable skills other than housekeeping and caring for others. Cleaning, cooking and looking after children and the elderly is almost universally regarded as women's work, which means that men rarely compete with women in this job market. Domestic work is, therefore, one of the few employment opportunities open to poor women. Migrant workers Over the past three decades the proportion of women among international migrant workers has increased significantly. Women now make up approximately half of the estimated 200 million migrants worldwide, with women and girl domestic workers an important part of this group. 11 In many countries, however, lack of formal skills makes it impossible for migrant domestic workers to obtain work permits, thus reducing them to undocumented status and practically excluding them from the protection of the law. 12 In addition, research has revealed that many migrant domestic workers in western countries are skilled professionals who downsize their expertise after migrating because their skills may not be formally recognised. However, forced to leave 7 Swept Under the Rug: Abuses Against Domestic Workers Throughout the World Human Rights Watch 27 July 2006; available at http://www.hrw.org/en/reports/2006/07/27/swept-under-rug-0. 8 The ILO Report (n 1) 7. 9 Trafficking, forced labour and exploitation of migrant domestic workers in the UK Antislavery 2007; available at www.antislavery.org. Accessed 18 January 2010. 10 Human Rights Watch (n 7), p16. 11 Manual for domestic workers organising for a better future 2007 Committee for Asian Women (CAW) 12 Kalayaan (2009) Kalayaan: justice for migrant domestic workers. Available at www.kalayaan.org.uk [accessed 10 January 2010]. GLOBAL NETWORK 4
their home countries by hardship, they turn to domestic work in the adopted countries to survive. 13 Child labour Throughout the world there are thousands of girls working in domestic service, especially in the developing world. They are particularly ―invisible‖ and their conditions are among the most difficult to research. The ILO International Programme on the Elimination of Child Labour (IPEC) notes that available statistics probably show only the "tip of the iceberg" and provide "an alarming indication of the extent of the phenomenon worldwide". It reports that around 175,000 children under 18 are employed in domestic service in Central America and more than 688,000 in Indonesia. Most child labourers are between 12 and 17 years of age but some are as young as five. In South Africa nearly 54,000 children under 15 are working as domestic workers and in Guatemala around 38,000 children between 5 and 7 are performing domestic work. It is also estimated that more girls under 16 work in domestic service than in any other category of child labour. Domestic workers and the global economy The United Nations Special Rapporteur for the Economic Social Council has observed that in developed countries migrant domestic workers are becoming indispensable in enabling women to advance in employment and in society. The work of migrant domestic workers in caring for the elderly has taken on particular importance as a result of the ageing of the population in many developed countries, which has also resulted in shortages of mainly skilled labour. In Canada, for example, Statistics Canada pointed out in 2003 that labour shortages were arising in sectors such as health care and education as new entrants to the labour market are fewer than the numbers of the ―baby boom‖ generation approaching retirement age. 14 The role of domestic workers is essential in enabling Canadian women to fill some of the vacancies. Need for action These conditions have given rise to calls for ILO member states to develop a new instrument (preferably a Convention supplemented by a Recommendation) addressing the special conditions of domestic workers and strengthening their protection. As will become clear from the next section, it is important to note that any measures taken should consist not only of legal rules but should include programmes to implement those rules and, most importantly, to address the underlying conditions which are at the root of domestic workers’ disempowerment and exploitation. The ILO emphasises that such an instrument must be a ―well-crafted regulatory mechanism‖ supported by ―suitable enforcement machinery‖ to ―convey the message that domestic workers are indeed workers who deserve both rights and respect‖. 15 In this way international law would guide member states in enacting legislative and enforcement frameworks that protect the rights of domestic workers. Although current international labour standards address the rights of all workers, including domestic workers, clearly a gap still exists between application and enforcement of decent work principles that has to be bridged if conditions of employment in this sector are to improve. In short, the new instrument must • ensure broad coverage to reach as many domestic workers as possible; • facilitate wide, immediate ratification and continuous improvement of domestic workers’ working and living conditions and access to social security; and • provide sufficient guidance and incentives to enable the provisions to be meaningfully implemented in practice. 16 13 Anderson, B (2000). A foot in the door: The social organisation of paid domestic work in Europe. Doing the dirty work? The global politics of domestic labour. 14 CBC News ―Greying workforce could mean labour shortages: Statistics Canada‖ 11 February 2003; available at http://www.cbc.ca/money/story/2003/02/11/workforce_030211.html (accessed 16 January 2010). The report adds: ―In 2001, there was an average of 2.7 job force entrants aged 20 to 34 for every person over the age of 55. Twenty years ago, the ratio was 3.7 young entrants for every worker within sight of retirement.‖ 15 The ILO Report (n 1) pars 94 – 96. 16 The ILO Report (n 1) pars 94 – 96. GLOBAL NETWORK 5
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domestic workers: decent work for all â south africa - Solidar