Decent Work for Domestic Workers. Toward the Ratification of ILO Convention 189 I N K E N Y A, N A M I B I A, Z A M B I A A N D Z I M B A B W E

Transcription

1 Decent Work for Domestic Workers Toward the Ratification of ILO Convention 189 I N K E N Y A, N A M I B I A, Z A M B I A A N D Z I M B A B W E

2 About the Global Network To achieve the objective of decent work for all, the Global Network works to empower women and men who are activists in NGOs, trade unions, associations of informal workers and grassroots movements to build capacity, exchange experiences and coordinate joint actions, at both regional and international level. The project is coordinated by SOLIDAR ( and the International Federation of Workers Education Associations ( Authors Case study on Kenya: Ms. Jane Masta, Central Organisation of Trade Unions (COTU), Kenya Case study on Namibia: Ms. Hilma Shindondola-Mote, Labour Resource and Research Institute (LaRRI), Namibia Case study on Zambia: Mr. Mike Chungu, Workers' Education Association of Zambia (WEAZ), Zambia Case study on Zimbabwe: Mr. Nyasha Muchichwa, Labour & Economic Research Institute of Zimbabwe (LEDRIZ), Zimbabwe Editing Sara Hammerton This publication is an updated version of four case studies developed, in 2012, with the assistance of the European Union ( Globalising Decent Work project). The contents of this publication are the sole responsibility of the publisher and can in no way be taken to reflect the views of the European Union.

3 Foreword Domestic work e. g. providing care and cleaning to families and households is an important occupation and source of revenue for millions of people around the world. A majority of those domestic workers are women and migrant workers. In Europe, demographic factors (i.e. growing number of older people) and changing patterns of employment (i.e. more women working outside the household), have produced an increasing demand for domestic work, notably in the area of personal care. In turn, this has resulted in decent work for domestic workers becoming a more important issue in Europe. With their services, these domestic workers - often invisible, denied their fundamental rights and without social protection coverage - provide a considerable contribution to wealth and well-being. Since 1998, when SOLIDAR was involved in the development of the RESPECT Network (a European Network of Migrant Domestic Workers Organisations), we have been working to promote Decent Work for Domestic Workers. In June 2011, an international standard was adopted finally recognising domestic workers as workers and not helpers (ILO Convention 189). The Convention recognises domestic work as regular work with the same rights for domestic workers as for other workers. Now, a key element to making progress is to make sure that the ILO Convention 189 is widely ratified and implemented. Together with our partners in the Global Network and the International Federation of Workers Education Associations, in coordination with the International Trade Union Confederation (ITUC) and the International Domestic Workers Network (IDWN), we will keep working to raise awareness on domestic workers rights and to demand the ratification of Convention 189. Together, let s make this Convention a reality in Europe and all around the world! Conny Reuter SOLIDAR Secretary General

4 Index ILO Convention The Global Network: actions to support domestic workers Case studies: the ratification of C189 in Africa Kenya Namibia Zambia Zimbabwe Conclusions ILO Convention 189 The International Labour Conference adopted ILO Convention 189 on Decent Work for Domestic Workers, and the accompanying Recommendation 102, at its 100th Session in June This Convention is an historic instrument, because it is the first time that the International Labour Organisation (ILO) has formulated labour standards dedicated to domestic workers. The Convention defines domestic work as work performed in or for a household or households (Art. 1(a)) and a domestic worker as any person engaged in domestic work within an employment relationship (Art. 1(b)). According to the most recent global and regional estimates produced by the ILO, at least 52.6 million women and men above the age of 15 perform domestic work as their principal form of employment. Domestic workers clean, cooks, do laundry, provide care to children and the elderly and lots more. Their work is undervalued, underpaid, invisible, not recognised, and not respected. The great majority of domestic workers are women (82%) many are migrants or children. In many countries domestic workers are excluded from labour legislation and social protection schemes. Many are denied the right, either in law or in practice, to form or join a trade union. As a result, mistreatment, exploitation, violence, and physical and sexual abuse are frequent and often go unpunished

5 The adoption of the Convention and Recommendation is a strong recognition of the economic and social value of domestic work and a call for action to address the existing exclusions of domestic workers from labour and social protection. Given that most domestic workers are women, the new standards are an important step to advance gender equality in the world of work and ensure women s equal rights and protection under the law. Convention 189 protects the right of domestic workers to a minimum wage in countries where it exists; it guarantees them a monthly payment and access to social security including in the case of maternity; it recognises the right of domestic workers to at least one day off per week, and to occupational health and safety, it regulates their working hours and recognises their right to collectively defend their interests through trade unions. The Convention also sets standards concerning child domestic workers and live-in workers. Crucially, it establishes the right of domestic workers to be informed, in a manner they can understand, of what the terms and conditions of their employment are: what is the work they need to carry out, how long they are expected to work, and how much, when and in what manner will they be paid. In essence, Convention 189 recognises domestic work as any other work and ensures that domestic workers are treated as any other worker under labour legislation. The Convention will come into force in September Vigorous campaigning, mainly led by the International Domestic Workers Network (IDWN), took place to ensure its adoption and that a maximum number of countries ratify the Convention and consequently transpose it into their national legislation. Following the adoption of C189, the 12by12 campaign was launched, aimed at 12 ratifications of the Convention by the end of The campaign was the initiative of the International Trade Union Confederation (ITUC), in partnership with, the International Domestic Workers Network (IDWN), the European Trade Union Confederation (ETUC), Public Service International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF), Human Right Watch, Anti-Slavery International, Migrant Forum Asia (MFA), World Solidarity and Caritas. By April 2013, a total of seven countries had ratified the convention and officially registered at the ILO: Uruguay, Philippines, Mauritius Italy, Nicaragua, Bolivia, and Paraguay. Other countries have already improved their legislation to protect domestic workers, including: Chile, where the working time of domestic workers was regulated by law; Spain, which granted them access to social protection; Brazil, where the constitution was amended in order to facilitate the adoption of the Convention; Singapore, which granted a day off a week to domestic workers; Vietnam, where a new Labour Code was adopted recognising domestic work for the first time; and Malawi, where the minimum wage for domestic workers was increased. Thanks to the work done mainly by the IDWN and the campaign, more domestic workers have joined a union and new unions have established in Paraguay, the Dominican Republic, Egypt, Angola and Sri Lanka. The campaign continues, and is being actively pursued by 12 by 12 coalitions in more than 90 countries

6 The Global Network: actions to support domestic workers The Global Network is an alliance of labour movement organisations responding to the new challenges of globalisation within the framework of the Decent Work Agenda. It was established in 2001 by SOLIDAR and the International Federation of Workers Education Associations (IFWEA), bringing together civil society organisations and trade unions in Africa, Asia, Europe, Latin America and the Middle East. It currently operates in 40 countries across Africa, Asia, Europe, Latin America and Middle East. Its members have been working closely with the International Domestic Workers Network and the International Trade Union Confederation supporting the campaign to ensure decent work for domestic workers, raising awareness of the issues, campaigning for the adoption of the Domestic Workers Convention at the International Labour Conference in June 2011 and lobbying hard for governments to ratify it. The examples below illustrate some of the actions supported by the Global Network to advance the cause for Decent Work for Domestic Workers. As a follow-up to the adoption of the Convention, Global Network Asia held a conference in Manila, the Philippines, in October 2011 on the theme Advocacy towards the Ratification and Implementation of ILO Convention 189 and Recommendation 201 on Decent Work for Domestic Workers bringing together representatives of trade unions, civil society organisations and domestic workers organisations from all over Asia, and the Middle East. The conference drew up a plan of action for the ratification of C189 including support for the ITUC 12by12 campaign, lobbying governments, raising awareness, and continuing to strengthen alliances between the organisations concerned. In Latin America domestic workers unions organised activities in March 2012 in the run up to National Domestic Workers Day celebrated in many Latin American countries on 30 March. The Peruvian organisation SINTRAHOGARP held a public awareness raising event in Lima called Gran Feria de Derechos' on the situation of domestic workers and C189. Also in Lima, a solidarity march and a public hearing with National Parliamentarians was organised by the Trade Union for Domestic Workers in the Lima Region (SINTTRAHOL) urging the Peruvian government to ratify C189. The Global Network Latin America supported these events. At the Global Network Conference held in Rio de Janeiro from 22 to 24 May 2012, a session was held on Domestic Workers Rights: Organising and Campaigning for the Ratification of ILO Convention 189. Speakers included arepresentative of the International Trade Union Confederation, the International Coordinator of the International Domestic Workers Network and the representatives of domestic workers unions from Bolivia (FENATRAHOB), Perú (SINTTRAHOL and SINTRAHOGARP), Brasil (SINDDOM CAMPINAS), and Costa Rica (ASTRADOMES) who shared their experience and actions for the ratification of the ILO Convention 189. A joint statement was issued in which the conference participants agreed to support the 12by12 campaign and to coordinate actions to assist and accompany the C189 ratification process and its implementation

7 In November 2012, SOLIDAR and several members of the Global Network Asia and Latin America participated in the World Social Forum on Migration in Manila, the Philippines. Three workshops were held aimed at mainstreaming the issue of domestic workers in the international migration agenda, at formulating a global consensus on the protection and empowerment of domestic workers and at pushing the ratification of ILO Convention 189. Several of the recommendations were integrated in the final forum report. Global Network Africa and the International Domestic Workers Network Africa (IDWN), meanwhile, organised a conference in December 2012, on "The future of the ILO Convention on Domestic Workers (C189)", examining two interrelated issues, Decent Work and Social Protection for All and Sustainable, Democratic, Mass-Based Domestic Workers Unions. Participants agreed to target governments who were delaying ratification of C189, expose violations of domestic workers rights in African countries and highlight best practice labour legislation and social protection mechanisms for domestic workers

8 Case studies: ratification of C189 in Africa The four African case studies summarised here were carried out as part of the Globalising Decent Work Project, funded by EuropeAid. The four partners who implemented the studies were the Central Organisation of Trade Unions (COTU), Kenya, the Labour Resource and Research Institute (LaRRI), Namibia, the Workers Education Association of Zambia (WEAZ) and the Labour and Economic Research Institute of Zimbabwe (LEDRIZ). Each of these organisations interviewed the social partners in their country to find out what they had done towards achieving ratification of ILO Convention 189 on Decent Work for Domestic Workers. In each case questions were put to representatives of the government, employers, trade unions, and a domestic worker about how they viewed the Convention and what action they were taking, if any, to ensure ratification. Kenya Introduction and background Kenya was one of the countries that supported the adoption of Convention 189, which is largely consistent with the provisions that already exist in the Kenyan Constitution and the minimum terms and conditions of employment contained in the country s Labour Laws. Kenya has five sets of Labour Laws that regulate relationships in the workplace. The Employment Act (2007) defines the fundamental rights of employees, provides basic conditions of employment, and regulates the employment of children. The Labour Relations Act (2007) consolidates the law relating to trade unions and trade disputes, provides for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, and seeks to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development. The Labour Institutions Act (2007) provides for the establishment of labour institutions, outlines their functions, powers and duties and other related matters. The Work Injury Benefits Act (2007) provides for compensation to employees for work related injuries and diseases contracted in the course of their employment while the Occupational Safety and Health Act (2007) provides for the safety, health and welfare of workers and all persons lawfully present at workplaces. Given that the provisions of ILO Convention 189 are consistent with the provisions of the Kenyan Constitution and the Labour Laws, the key task is to enhance awareness of the basic minimum provisions of the law, creating a knowledge of the social protection mechanisms, and educating domestic workers about safety and health at work

9 The union view: Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied (KUDHEIHA) The KUDHEIHA fully supported the adoption of C189. It believes domestic workers are like any other workers who contribute to the economy of the country, and that the Convention will help guarantee decent work and provide social protection for domestic workers. It is now lobbying and campaigning for the ratification of C189. This lobbying and advocacy work includes sensitisation campaigns, including the mass media and peaceful demonstrations directed at parliament. To involve domestic workers it has organised clean up and tree planting campaigns as a way of bringing them together and using the opportunity to educate them about the Convention. KUDHEIHA has also established county committees, it runs door to door campaigns, and has printed education materials such as flyers, brochures, posters, banners, etc. It has also set up a steering committee composed of the Ministry of Labour, COTU(K), the employers federation (FKE) and likeminded domestic workers organisations. In future, KUDHEIHA plans to make a simplified version of the Convention to make it easier for domestic workers and the public to understand. It will also be working with the national centre, COTU, to look at how to put pressure on the cabinet for the ratification of the Convention, and will lobby the Ministry of Labour and the national labour board, seeking to influence the critical agenda that will go to parliament and enhance the chances for ratification. KUDHEIHA members are aware of Convention 189 and the organisation is confident that it will be ratified within three years as the Labour Ministry fully supports the Convention. The union view: Central Organisation of Trade Unions (Kenya) (COTU) COTU has been fully supportive of the Convention, which it believes is important for Kenya, as it will help promote the welfare of domestic workers. It strongly supports ratification and sees its role as one of advocacy, and lobbying for the ratification and implementation of the Convention. Since the adoption of C189 the COTU has worked on awareness creation through training workshops, such as a know your rights workshop, and the development of training materials. It has also been engaged in lobbying and advocacy, holding events, and press conferences and issuing press releases on the ratification of the Convention, and organising campaigns for the ratification of C189. COTU has also undertaken a study of the gap between existing national legislation on domestic workers and the provisions of the new Convention. In future COTU plans to organise training on C189 for domestic workers at the branch union level, to run advocacy and training workshops for political leaders, and to build the capacity of KUDHEIHA. It will also continue to lobby the government for ratification of the Convention and will continue its ratification campaigns. Its constituents are aware of the adoption of C189 and it believes it will be ratified in the next three years. The employers view Federation of Kenya Employers (FKE) The FKE also supported the adoption of the Convention and believes it is meaningful for Kenya, because it promotes and protects the welfare of domestic workers. However although the federation supports ratification, not many stakeholders are supportive of the Convention. The FKE does intend to participate in the ratification and implementation of the Convention as a social partner, but has not done anything yet. It believes its own constituents are aware of the adoption of the Convention, and believes it will be ratified within the next three years

10 The government view: Ministry of Labour and Human Resource Development Kenya s Labour Ministry supported the adoption of the Convention and believes it is relevant to Kenya. It protects the rights of domestic workers and the Ministry therefore supports ratification. Its role is to liaise with the government for ratification and then the implementation of the Convention. The Ministry has participated in steering committee meetings on the Convention and in the training workshops organised by KUDHEIHA, COTU, ACILS and other like-minded organisations. In future the Ministry will continue to lobby for ratification with the social partners. It believes its constituency is aware of the adoption of the Convention and that it will be ratified within three years. The domestic worker s view: Ms. Elizabeth Nduku Mrs. Nduku s organisation, KUDHEIHA, fully supported the Convention, which they consider meaningful for Kenya. She sees the role of C189 as protecting domestic workers from exploitation by bad employers, and is therefore firmly in favour of ratification. Her contribution towards the ratification and implementation of the Convention consists of educating fellow workers, lobbying the government for ratification and participating in on-going campaigns. Since the adoption of C189, KUDHEIHA has organised peaceful demonstrations to parliament, run sensitisation campaigns, formed estate committees, of which Mrs. Nduku is a member, developed training materials and held clean-up and tree planting exercises to educate fellow domestic workers about the Convention. In future KUDHEIHA will continue their lobbying and advocacy for ratification, and together with COTU will continue educating domestic workers about the Convention. She thinks that KUDHEIHA s constituents are aware of the adoption of C189 and is very sure that it will be ratified within three years. p Conclusion The interviews with the social partners clearly show that they fully support the ratification of the Convention. Most of the benefits provided in Convention 189 are already provided for in the Kenya s existing labour legislation and therefore ratification of the Convention should be a logical next step. What stands out, however, is that domestic workers have not exploited fully the benefits of current labour laws as they lack this information. The campaign for ratification of the Convention has had a positive impact on the domestic workers union. Membership has increased thanks to the education activities provided for the domestic workers. Many like-minded organisations have come out in support of ratification of the Convention as a result of the work KUDHEIHA is doing to support the ratification of the Convention. The study revealed that the plight of domestic workers needs to be given critical consideration. The success and benefits to be derived from C189 will depend on its ratification, transposition into domestic legislation and more importantly effective enforcement. To achieve this, consensus building between the government, FKE and COTU will be necessary, a process that must start with the sensitisation of the stakeholders to the benefits of the Convention. Other key processes for ratification include: Awareness-raising through simplification of the ILO Convention Translation of the Convention in local languages, publication of pamphlets, and press conferences Developing structures for advocating ratification of the Convention Organising recruitment campaigns for domestic workers Lobbying, inviting Ministry of Labour officials and other strategic stakeholders to officiate in the campaigns

11 Building of alliances within and outside the trade unions Capacity building of trade unions. The establishment of a Domestic Workers Wages Council. Challenges include: Building strong domestic workers unions: domestic workers are afraid of joining unions in case they lose their employment if their employers find out. It can be difficult to build independent trade unions which will specifically address the issues of domestic workers Educating domestic workers who do not understand about Convention 189 Overcoming government resistance: processes are slow and bureaucratic, they do not prioritise the needs of domestic workers and it is difficult to meet government officials and members of parliament Lack of adequate funds. p Recommendations All stakeholders need to campaign vigorously for the ratification of Convention 189 and its implementation. There is a need to build strong domestic workers organisations to specifically deal with domestic workers issues. Namibia Introduction and background The Ministry of Labour and Social Welfare asserts that all employees in Namibia, including domestic workers, are protected by Namibian law, notably the Labour Act. In reality, however, many domestic workers and their employers do not know their rights or their responsibilities. This situation is compounded by the fact that the Namibia Domestic Workers Union (NDAWU),that used to be strong in the 1990 s, has become relatively weak. As a result, all the gains that had been achieved by domestic workers over the years have almost been reversed. To address this situation, the Labour Resource and Research Institute (LaRRI) has actively promoted the organising of domestic workers. The revival of the NDAWU has become crucial as it will be an important vehicle through which domestic workers can ensure their rights are upheld and their voices widely heard. This is especially important given the size of their direct and indirect contribution to the economy. The 2008 Namibia Labour Force Survey estimated that there are currently 38,000 domestic workers in Namibia, although the LaRRI believes the true figure to be far higher. Almost every household makes use of the services of a domestic worker - sometimes disguised as family labour, and almost all formally employed people - estimated at over make use of a domestic worker either on a regular or irregular basis

12 The union view: Rocco Nguvauva, Deputy General Secretary, the Namibia Domestic Workers Union (NDAWU) The NDAWU outlined the many problems facing domestic workers, notably unfair labour practices, low wages, harassment and victimisation. Labour laws are very clear on these problems and have been used to try to eliminate some of them. Employers however are reluctant to apply the legislation and the union has sometimes had to take cases to court. NDAWU would like to see better working and living conditions for domestic workers, including better wages, and would like them to receive education about their rights at the workplace, health and safety, HIV/AIDs etc. NDAWU is supports Convention 189 because it would improve domestic workers living standards, ensuring that their interests are respected. The union hopes that it will be ratified in less than three years so that the workers can begin to enjoy the benefits. To promote ratification NDAWU will approach all relevant stakeholders, including the government. The union sees its role as educating workers through workshops on specific parts of the Labour Act such as fundamental rights and protections, disciplinary hearings, health and safety and HIV/AIDS, and collective bargaining, to help domestic workers protect themselves at the workplace and improve their working conditions. It believes the situation of domestic workers will change, but that change will be too slow because there is not enough awareness of the importance of joining a union. The NDAWU believes a minimum wage for domestic workers is very important to protect the vulnerable and low-paid who are currently suffering badly. The domestic worker s view: Frieda Naris, member of the NDAWU Frieda explained that 90 per cent of domestic workers faced problems such as long working hours without overtime pay, being denied the right to eat in their employers houses, low pay, physical abuse and sexual harassment. Although labour laws do aim to address these problems, in practice they can take time to solve. The parties involved are not taken seriously, especially the workers, and dispute resolution usually resulted in decisions favouring the employer. She wants to see domestic workers enjoying better wages and working conditions, and for there to be affordable land or houses for domestic workers. She would also like there to be good communication between the employee and the employer in order to solve minor problems at the workplace. Frieda supports ratification of C189 and sees the role of the NDAWU as helping workers to fight for their rights and defend themselves at the work place, and fighting for good living conditions for workers. The future will hopefully bring better wages for workers to provide for their families, access to education for the children of domestic workers, and a reduction in the number of street children. Namibia should have a minimum wage for domestic workers, so that they can provide for their families. Of course it should still be possible for employers to pay above the minimum wage. The employers view: Tim Park House, Secretary General, Namibia Employers Federation The Namibia Employers Federation (NEF) established the Employers of Domestic Workers of Namibia Organisation (EDWNO) in March 2012 in response to the adoption of Convention 189. It represents the employers of domestic workers and aims to promote good labour relations between the employers and employees, as well as protecting the rights of both. It has promised to promote the use of employment contracts, the registration of domestic workers with the Social Security Commission, the issuance of certificates of service and to collect relevant information regarding domestic workers conditions of employment

13 The NEF believes the biggest problem domestic workers currently face is lack of enforcement of legislation. Usually those on the lowest incomes are the ones who suffer most. Live-in domestic workers have the greatest difficulties as they are robbed of privacy. They should be given their own room and bathroom, with a lock. Aware that neither employees nor employers know their rights, the NEF is busy producing a booklet for both the employer and employee on their rights. In 2008 it organised training for employers, with the help of the ILO. The Labour Act could still be improved, it believes, with more specific provisions on overtime. Another big issue is that of a minimum wage for domestic workers. There is also a need to place a value on payments in kind, which is touched on in the ILO Convention. Beyond that, few changes will be needed, as the laws themselves already address the issues raised in the Convention. It is enforcement that has to be improved, and more labour inspectors will be needed. The right to privacy will be a particular challenge for inspectors. There are also some shortcomings to be addressed regarding the Social Security Commission. The Commission provides cover for maternity and sick leave as well as death benefits, but most workers are not registered with it, so do not receive any of the benefits. There is no unemployment insurance in Namibia. The NEF will provide guidance to ensure that employers are aware of labour laws and C189, and give the issues a lot of publicity through the media. The NEF believes that the Namibian trade unions should focus on compliance by employers and on the wages and working conditions of domestic workers. Another issue to be addressed is that a worker may have several employers, as many employers no longer need or want a full time domestic worker. The NEF agrees that domestic workers should have a minimum wage, but points out that a national minimum wage needs to be established first. Enforcement will be difficult, and further complicated by the fact that some domestic workers have domestic employees of their own. The government s view: Advocate Vicki Erenst Ya Toivo, Special Advisor to the Minister, Ministry of Labour and Social Welfare The Ministry of Labour and Social Welfare recognises that domestic workers face a wide range of problems, including isolation and invisibility, low wages or unpaid work under the guise of being a family member seconded to the household, unlawful child labour, long or unlimited hours, a lack of training, a lack of respect or even abuse, the absence of privacy for some live-in workers, a failure by some employers to enrol their workers in the social security system and their lack of access to or knowledge of the protections afforded to all employees by the Labour Act. The Act covers domestic workers and, on paper, affords full protections of the rights of domestic workers to associate and to organise, to be free from sexual harassment, and to not suffer unfair dismissal; it also stipulates a wide range of minimum conditions of employment, including various leaves, maternity protection, etc. The law provides for the establishment of a Wages Commission and the fixing of minimum wages by the Minister. The Social Security Act also provides important benefits. It may be necessary to introduce measures that deal specifically with issues concerning live-in workers, access to education for young domestic workers, access to employers premises, privacy, living conditions and the like, which are detailed in ILO Convention 189 and Recommendation 201. One problem is that neither domestic workers nor their employers are sufficiently aware of the laws protecting domestic workers rights. Namibia s policy is to bring law and practice into line with the Convention before ratification, therefore the process leading up to adoption is vitally important. Ratification itself will possibly have a benefit in terms of public opinion in that it will signify Namibia s commitment to Decent Work for domestic workers. It will also potentially have some long-term impact on Namibian jurisprudence, since upon ratification the Convention will become part of the laws of Namibia

14 Awareness is vital, and the Ministry will take a tri-partite approach, working with the representatives of domestic workers and the employers of domestic workers, as well as relevant community organisations and NGO s. To ensure implementation of the law the Ministry will improve public education and labour inspection. Trade unions can also help by organising domestic workers unions and engaging in collective bargaining with employers. The Ministry is hopeful that the contribution of domestic workers to the economy will be recognised and that domestic work will be recognised as an occupation within the Namibian qualifications framework. Training institutions for domestic workers skills will be needed. The Wages Commission on Minimum Wages for Domestic Workers was appointed by the Ministry in May 2012 to investigate conditions of employment for domestic workers. Country wide public hearings were held which revealed that many did not earn enough to support their families or send their children to school 1. The Commission will make recommendations to the Minister on minimum wages and working conditions, such as a contract of employment, for domestic workers in Namibia on or before 30th June 2013, further to which the Ministry will issue a wage order. There may be a need for more than one minimum wage (or different levels of wages), depending upon the geographic area. The Ministry will also look at social protection measures. The Ministry hosted a tri-partite follow up to the 100th International Labour Conference at which the parties scrutinised Namibian law and practice with respect to the requirements of Convention 189 and Recommendation 201. p Conclusion The government is making good progress towards ratification of C189 although it could take time to reach the standards required by C189. Current Namibian labour laws are deemed excellent, and every employee is covered by the Labour Act and other legislation. Enforcement however is very poor. Many workers do not know about the protections provided to all employees by the Labour Act and Social Security act. Some workers are not registered with the Social Security Commission (SSC), which is their basic right. Similarly, they do not know how and to whom they have to report their employers. Some domestic workers have multiple employers, and as a result are excluded by a Social Security provision which states that a worker can only be registered if they work more than one day for an employer. There is therefore a need for both the Labour Act and the Social Security Act to take the different situations of domestic workers in consideration and make special provisions accordingly. Namibia s policy is to bring law and practice into line with the Convention before ratification. Many of the requirements of the Convention are already embodied in the current Labour Act (Act 11 of 2007), although the Act fails to address some issues, notably that of employment contracts, which many domestic workers do not have. 1 Public hearings were held in Windhoek on 27 October 2012 regarding the working conditions of domestic workers. They revealed that the majority of the domestic workers wages were too low to support their families, but if they asked for a pay rise they had their pay reduced or were even fired. Their families suffer, as young teenagers are left in charge of other siblings while their mothers went to work. One woman became so ill from overwork and the effects of low pay she had to give up work. The Namibia domestic workers union role is to organise domestic workers, but it is difficult for the union to gain access to the workers, and to ensure compliance with the law by employers, who are resistant to the developments in workers rights. Setting a minimum wage for domestic workers will be difficult due to the huge disparity in the incomes of the employers. Employers threaten that if set too high some may be forced to retrench their workers. Payment in kind needs to be covered in the Labour Act and employers must understand this cannot by the only form of payment, it should be seen as a supplement

15 The Convention and the Labour Act both address the issue of occupational health and safety, but neither have detailed provisions on HIV/AIDS. This disease is widespread in domestic workers and many workers are forced to take tests by their employers. There is a need to educate employers and employees on HIV/AIDS and how both can maintain a healthy working relationship. To tackle the problem of non-compliance, penalties for those employers violating the law should be set and enforced. These violations include child labour, discrimination, working hours, overtime payments and minimal wages as they remain to be the biggest problems faced by domestic workers on a daily basis. There should be access to employers homes for inspection, while privacy laws should still be respected. p Recommendations Trade unions need to educate workers about fundamental rights and protections, disciplinary hearings, health and safety and HIV/AIDS, collective bargaining etc. A public education campaign on the rights of domestic workers and employers is needed. Employment contracts should be in a language the worker can understand. The Ministry of Labour and Social Welfare needs to increase its labour inspectorate capacity. When setting minimum wages, the stakeholders should be careful make sure that people do not lose jobs because employers cannot afford to pay. The Labour Act and the Social Security Act must be amended to take into account the fact that some domestic workers have multiple employers. Zambia Introduction and background The Zambian government adopted Statutory Instrument No. 45 to cover domestic workers in Zambia for the first time in January This instrument was a recognition of the high levels of vulnerability of workers in a sector dominated by women whose conditions of service are akin to modern slavery. 3 Domestic workers work long hours, are underpaid, and physically, emotionally and, in some cases, sexually, abused. 4 Statutory Instrument no.45 guaranteed a minimum monthly salary and transport allowance for domestic workers. Other benefits guaranteed include a maximum 48 hour working week, the payment of overtime, annual leave, paid sick leave, maternity leave, and protection from dismissal due to complications for working mothers within six months of the birth, a severance package for workers whose contract is terminated for reasons other than resignation or summary dismissal, and protective clothing for dangerous work. 2 Zambia, 2011, Statutory Instrument N MLSS, 2011, Press statement 4 Ibid Unfortunately, although domestic workers are covered by legislation, they often have worse conditions of work and lower legal protection than other categories of workers. The prevalence of clandestine or informal employment means that many domestic workers are not reached by labour authorities and for them the legislation in force is of very little or no use at all

16 The union view: Zambia Congress of Trade Unions (ZCTU) The ZCTU 5 was represented at the ILO Conference in 2011 which adopted Convention 189. It believes C189 is meaningful in the sense that it will be effective in protecting the rights of all domestic workers in Zambia, and put all workers on a par. It will also guarantee them freedom of association and the effective recognition of the right to collective bargaining. It will promote the elimination of all forms of forced and compulsory labour. The ZCTU has found that both employers and workers in the domestic sector do not understand this Convention. The national centre supports ratification of the Convention because it will raise the living standards of domestic workers. It is working towards ratification by means of campaigns and organisation and sensitisation directed at both domestic workers and employers. The major stumbling blocks to ratification by Zambia are ignorance and a lack of political will. The union view: United House and Domestic Workers Union of Zambia (UHDWUZ) The UHDWUZ organises Zambia s domestic workers and currently has an estimated 2000 members most whom are women. It potentially has many more members but it is difficult to reach them, says Annie Phiri, General Secretary, because employers do not want their workers to be organised in a union. Another problem is that the union cannot afford to travel around the country to meet potential members because it has very limited funds. Very few of its 2000 members pay union dues. The UHDWUZ believes C189 is meaningful because it will give domestic workers freedom of association. Employers will now have to allow their workers to join a trade union. The Convention will also oblige employers to recognise the union. The union notes that Convention 189 will help domestic workers not only in Zambia but beyond the borders. It will also help immigrant workers in the sector. The biggest obstacle to ratification it believes is that government officials and other employers in the sector don t support the Convention and the political will is not there. The employers view: Zambia Federation of Employers (ZFE) The Zambia Federation of Employers was also represented at the 2011 ILO Conference that adopted Convention 189. It decided to undertake research with the aim of identifying awareness levels among employers and employees of Statutory Instrument No. 45 and C189. A survey was carried out in Lusaka, Livingstone and the Copperbelt, which revealed that workers and employers in the sector are ignorant of SI 45 and C189. Following this study, the Federation embarked on a sensitisation programme among their members on the importance of SI 45 and C189. The ZFE fully supports the ratification of C189, because it would like see domestic workers treated like all other workers. As workers, they are entitled to: annual leave, maternity leave, better wages that will improve their living standards, paid sick leave and a separation package. There are registered Maid Centres in Zambia that train domestic workers and serve as recruitment centres. The ZFE has informed them that they should prepare model contracts that should be signed by both the person to be employed and the employer, setting out the conditions of employment. Zambia Federation of Employers sees both SI 45 and C189 as being very important for the country, as they will promote decent work in the domestic sector over the next two to three years. 5 Zambia has two main trade union federations, the other one is called Federation of Free Trade Unions of Zambia

17 The think tank: Jesuit Centre for Theological Reflection The Jesuit Centre for Theological Reflection (JCTR) is one of the leading think tanks in the country providing a critique of socio-economic and political realities from a spiritual-theological perspective. The JCTR is fully supports both SI 45 and ratification of C189, because they will promote decent working conditions and result in decent livelihoods for the domestic workers. The JCTR has pledged to launch a collaborative advocacy campaign to ensure that C189 is ratified so that domestic workers can enjoy fundamental freedoms including the freedom of association and collective bargaining. However, while JCTR has welcomed SI 45 which for first time set the minimum wage for domestic workers in the country, it found the basic minimum of K (exclusive of transport allowance) to be below the decent living wage, which according to the basic needs basket (BNB) 6 was estimated at K 3, 000, 000 for a family of five. The government view: Ministry of Labour and Social Security (MLSS) The Ministry of Labour stressed that the government was determined to improve the working conditions of all workers particularly vulnerable sectors such as domestic workers who are not sufficiently organised and represented. The government has already increased the minimum wage for domestic workers, from 1 July The ratification of C189 is on hold, however, as the government is planning a comprehensive reform of its labour laws. 7 p Conclusion All stakeholders are in support of ratification of C189, because it will promote decent working conditions in the domestic service sector, and the living standards of domestic workers will be improved. Workers will be free to join trade unions and negotiate with the employers on improving their wages and other conditions of service. p Recommendations Information Dissemination: The Ministry of Labour and Social Security working in partnership with other stakeholders, including the union organising in the sector, needs to scale up information dissemination through community radio stations in local languages so that as many domestic workers as possible become aware of both C189 and statutory instrument 45. Networking and collaboration: The Zambia Congress of Trade Unions and the United House and Domestic Workers Union should engage in collaborative advocacy and lobbying with like-minded organisations such as the Jesuit Centre for Theological Reflection and the Civil Society for Poverty Reduction who have the experience, competence and a rich knowledge base on engagement in policy dialogue and advocacy with government. 6 Basic Needs Basket s tool developed by JCTR to measure the monthly cost of living 7 The Post, Nov 20 12, p

18 Capacity building: The United House and Domestic Workers Union of Zambia is currently very weak in terms of membership mobilisation and representation. The ZCTU, as a respected and established organisation with links to other stakeholders, can serve as a strong platform for the UHDWUZ and should help the union build its capacity. Arbitration and conciliation processes: Domestic workers suffer from cumbersome arbitration and conciliation processes at the Ministry of Labour when it comes to seeking re-dress, for example, for unfair dismissal, delayed payment of wages etc., and the Ministry of Labour should consider using user friendly processes so that domestic workers are not discouraged or intimidated from seeking redress. Good practice: The Zambia Federation of Employers should encourage its members to observe good moral-ethical behaviour as employers, respecting their workers human dignity, which will have an effect on boosting productivity. Zimbabwe Introduction and background Zimbabwe was one of the countries that supported the adoption of Convention 189. Domestic workers rights and employment regulations for domestic workers are covered in Statutory Instrument (SI) 377 of 1992: Labour Relations (Domestic Workers) Employment Regulations. Other provisions on the employment of domestic workers are found in the Labour Act: Chapter 28:01 and Statutory Instrument 15 of 2006: Labour (National Employment Code of Conduct) Regulations. SI 377 of 1992 is the main regulatory instrument governing the employment of domestic workers and it has provisions that cover the following areas: Grading and wages; Hours of work; Accommodation, transport, lights and fuel; Payments for overtime, deductions and payment of wages; Part-time and casual employment; Piece-work, task-work and work on a ticket system; Vacation leave and public holidays; Benefits during sickness; Protective clothing; Contract and notice; Continuous service, record of service; and Gratuities on termination of employment. An analysis of current national legislation on domestic workers and ILO Convention 189 revealed that only four of the 17 Articles of the Convention are not covered under Zimbabwe legislation for domestic workers, namely Article 8, 9, 13 and

19 The trade union view: Ms. F. Magaya, Zimbabwe Congress of Trade Unions (ZCTU) The ZCTU fully supported the ratification of C189. It believes it is meaningful for the country, although it recognises that Zimbabwe already has legislation protecting domestic workers rights. The new Convention will give greater recognition to domestic workers and ensure that they are seen as workers who should enjoy decent work. The ZCTU fully supports ratification and now sees its role as lobbying for the ratification and implementation of the Convention. It has already been active towards this end. It has produced a simplified version of the text and translated it into two local languages, Shona and Ndebele (with the support of the Dutch union confederation FNV). It has already held three training workshops for a total of 90 workers to raise awareness of C189, and has trained 125 domestic workers within the framework of the Know Your Rights campaign and the Decisions for Life campaign. Two strategic planning and advocacy training workshops have also been held for the 25 national executive leaders of the Domestic Workers Union. They have held an advocacy meeting with the National Social Security Authority (NSSA) and government ministries, including the Ministry of Labour, on social protection for domestic workers; and they distributed 240 copies of the simplified text of the Convention to domestic workers during training sessions, as well as a further 1500 copies to the community during International Women s Day. In future the ZCTU plans to provide training for domestic workers at the branch union level, hold advocacy and training workshops for members of parliament and meet with EMCOZ to press for the establishment of a domestic employers association. It is working towards ratification through its advocacy activities, meetings with the Minister of Labour, and its training with domestic workers. Its constituents are aware of the adoption of C189 and it believes it will be ratified within the next three years. The union view: Mr. H. Ruyi, Domestic Workers Union-Zimbabwe Domestic and Allied Workers Union (ZDAWU) The ZDAWU fully supported the adoption of C189 which it believes is meaningful to Zimbabwe because it has brought social protection issues for domestic workers to the top of the agenda. The Convention will empower domestic workers and the union in the fight for equality and recognition of domestic workers and their rights. The ZDAWU therefore supports ratification and will advocate and lobby for the ratification and implementation of the Convention. It has already been active to this end, carrying out awareness-raising workshops on C189 for domestic workers. It has also taken part in sensitivity and awareness meetings with NSSA and the Zimbabwe Occupational, Health and Safety Council (ZOHSC). In future the union plans to hold further training on C189 for domestic workers and will organise marches and submit petitions to the Ministry of Labour and parliament. Its constituency is aware of C189 and it believes it will be ratified in the next three years. The domestic worker s view The domestic worker interviewed welcomed the Convention, explaining that domestic workers in Zimbabwe need social protection and need to be recognised as workers. The Convention paves the way for these issues to be addressed. She supports ratification and see her role as lobbying, organising, and informing other domestic workers about the issue, as well as pressing the government to ratify. Her organisation has had meetings and workshops on the Convention and its importance. In future the ZDAWU will continue to lobby, advocate, organise campaigns, inform other domestic workers and push the government to ratify. She was not sure if people in their constituency were aware of the adoption of C189, by they were confident of ratification within the next three years as they intended to fight for it