Platform of Demands. International Labour Conference, 107 th Session. Violence and harassment against women and men in the world of work

Transcription

1 Internationa Domestic Workers Federation (IDWF) Patform of Demands Vioence and harassment against women and men in the word of work Internationa Labour Conference, 107 th Session Geneva May June 2018

2 Contents Page number 1. We deserve more protection Why we need a Convention, not just a Recommendation What the new ILO Standard against vioence and harassment in the workpace shoud incude Fundamenta principes and rights at work A comprehensive definition of worker Cear definitions of vioence and harassment in the word of work The word of work : what is incuded in the workpace? Who are the empoyers responsibe for vioence? A comprehensive prevention strategy Information Sources About the IDWF Internationa Domestic Workers Federation (IDWF) c/o CTU Training Centre 18 Shek Lei Street Kwai Chung NT Hong Kong Emai: info@idwfed.org Facebook: IDWFED May 2018 Written by: Ceia Mather Design + Layout: m&m studios

3 Internationa Labour Conference, 107 th Session Geneva, May-June We deserve more protection A human beings, irrespective of race, creed or sex, have the right to pursue both their materia we-being and their spiritua deveopment in conditions of freedom and dignity, of economic security and equa opportunity. ILO Decaration of Phiadephia (1944), II a Domestic workers around the word deepy wecome the proposas for an ILO Standard against vioence and harassment in the word of work. We wecome it not just for ourseves but for a workers, most especiay those who are marginaised and therefore most at risk of abuse, intimidation and expoitation. In 2011, the ILO passed a most significant miestone when it adopted Convention 189 and Recommendation 201 to promote decent work for domestic workers. This incudes measures to ensure that domestic workers enjoy effective protection against a forms of abuse, harassment and vioence (Artice 5). However C189, even aongside the myriad of other internationa Standards that exist, is not enough. Sady, sti today as throughout history, domestic workers are among the most vunerabe of a workers to vioence and harassment. Those of us who ive isoated in the private househods where we work often suffer genderbased vioence incuding rape. Abuse, or just the threat of it, makes us work excessive hours, accept very ow wages, and carry out dangerous tasks. Domestic work is one of the main areas of savery in today s word. Some are incarcerated, not aowed ever to eave the homes where they are empoyed. There are even sti cases recenty in the Guf States, Peru, South Africa, Maaysia and Hong Kong, for exampe of domestic workers being the victims of torture and murder. So this issue is something that we fee very strongy about. We are especiay happy that many governments aready agree that the new ILO Standard shoud be a Convention supported by a Recommendation. A Convention is needed to send a strong message to the word that such abuse must end. However, to hep protect domestic workers, the proposed Standard must contain certain provisions which might otherwise be overooked or kept weak. This incudes private househods as a workpace, and private empoyment agencies as an empoyer. We are very peased to see that the ILO Report V (2) Ending Vioence and Harassment in the Word of Work, 7 March 2018, agrees to both of these. In this document we set out why domestic workers, our workpace, and cear definitions of who we need protecting from are among the issues that must be specificay incuded for this new Standard to be effective and bring about significant and asting change for the better. Ony then might domestic workers and indeed other marginaised workers be optimistic that we can provide our highy vauabe services in the safe and secure conditions that we deserve and are entited to. Gender-based vioence has been a sient kier of many domestic workers around the word, as we are scared to speak out, afraid of osing our jobs. We wecome this opportunity once again to ift our voices to stop this abuse. Myrte Witbooi, President, IDWF

4 2 Patform of Demands Vioence and harassment against women and men in the word of work 2 Why we need a Convention, not just a Recommendation Vioence and harassment in the workpace have gone on for far too ong. They are of course damaging to the victims, whether physicay or psychoogicay, but they have wider socia impact too, on famiies and communities. They are aso counterproductive to the economic contribution that workers make, whether we work in factories, farms, offices or famiy homes. And yet abuse, in many forms, continues to be widespread. The perpetrators are often not brought to justice. There needs to be a cear signa to a - governments, empoyers and feow workers - that abuse of whatever kind is destructive and unacceptabe. A Recommendation aone wi not send a strong enough message. It must be a Convention, supported by a Recommendation. We are very peased to earn from the ILO Report V (2) that at east 48 governments, from a continents, support the adoption of a Convention supported by a Recommendation, with a further 2 saying it shoud be just a Convention. We urge a other governments to agree to a Convention, supported by a Recommendation as necessary, in order to give this matter the urgent attention it requires. Meanwhie according to the same report, there are sti some empoyers who think that ony a Recommendation is sufficient. This in our view ignores the damage that is done to their own interests when vioence or harassment occurs in their workpaces, et aone fais to recognise the wider socia, poitica and economic impacts of a vioent, abusive environment.... the faiure of any nation to adopt humane conditions of abour is an obstace in the way of other nations which desire to improve the conditions in their own countries. Preambe to the ILO Constitution Preventing vioence and harassment in the word of work is inextricaby inked to ending discrimination, promoting equaity and extending economic security. Sef-Empoyed Women s Association (SEWA), India... workpace vioence affected workers sef-esteem and ed to absenteeism, psychoogica trauma and depression for workers and their famiies. Observer Expert for the Government of Nepa at the ILO Meeting of Experts, October 2016 A Convention is justified given the power imbaance between empoyers and empoyees. Zimbabwe Domestic and Aied Workers Union (ZDAWU)

5 Internationa Labour Conference, 107 th Session Geneva, May-June What the new ILO Standard against vioence and harassment in the workpace shoud incude There are a number of existing United Nations and ILO Decarations and Conventions which in some way confirm our right to be free from vioence and harassment, whether as workers, migrants, chidren, women, and so on. However, as the tripartite Meeting of Experts concuded:... these instruments do not define vioence and harassment, do not provide guidance on how to address its various manifestations and do not cover a workers. They aso ack an integrated approach that is essentia to addressing vioence and harassment in the word of work effectivey. ILO Meeting of Experts on Vioence against Women and Men in the Word of Work, October 2016, Appendix, point 33 Here beow, we set out what we beieve the new ILO Statute shoud contain in order to deveop that integrated approach and hep protect the workers who are most vunerabe - incuding the 67 miion across the word who are domestic workers, according to atest ILO figures. 3.1 Fundamenta principes and rights at work Vioence and harassment in the word of work is a human rights vioation and a threat to the dignity, heath and security of individuas. It strikes at the heart of the efforts of the ILO to promote the right of a human beings to pursue both their materia we-being and their spiritua deveopment in conditions of freedom and dignity, of economic security and equa opportunity. It is unacceptabe and incompatibe with decent work. ILO Report V (2) on Ending Vioence and Harassment in the Word of Work (2018) The proposed Standard shoud reiterate that vioence and harassment in the workpace is a vioation of our fundamenta human rights, as set out in many ILO Conventions and United Nations Decarations. This shoud be set out ceary in a Convention, rather than just a Recommendation. We are being forced to work more and harder every day, both mentay and physicay. Domestic worker, member of the Nationa Domestic Women Workers Union (NDWWU), Bangadesh

6 4 Patform of Demands Vioence and harassment against women and men in the word of work 3.2 A comprehensive definition of worker A comprehensive definition is needed so as to protect as wide a range of workers as possibe. Those who are marginaised are most vunerabe to vioence and harassment, and so shoud be specificay mentioned incuding, for exampe, refugees and asyum-seekers. Domestic workers are particuary vunerabe to harassment and vioence in the workpace because: Working in individua househods, we are usuay isoated. Many of us are migrants from rura areas within our own countries, or across borders, iving and working in distant countries, making us far from our own famiies and communities. Restrictive and discriminatory immigration rues often imit migrant domestic workers rights and freedom of movement. If we fee abuse, we can often become undocumented, making us extremey vunerabe. Domestic workers empoyed by dipomats face a particuary high risk of abuse as those empoyers enjoy immunity. We are mosty women and so subject to a-too-common gender-based vioence. We are often from communities that are the subject of on-going racia/ethnic, cass, caste and/ or reigious discrimination. Historicay we have been seen as mere hepers : our contribution to economic and socia ife under-vaued or even uttery ignored; this means that, in many countries, the private home is not yet accepted as a workpace, we are sti not covered by abour aws, occupationa heath and safety reguations, etc., and private househods are not inspected, aowing abusive empoyers to go unpunished; nor do we have access to reporting/compaint mechanisms. Often, these forms of discrimination intersect, and domestic workers become a-too-easy targets for empoyers to abuse, and get away with it. Our vunerabiity to vioence, abuse and harassment was highighted during the discussions eading up to the adoption of the Domestic Workers Convention C189 (2011). As a resut, specia causes were incuded: Each Member sha take measures to ensure that domestic workers enjoy effective protection against a forms of abuse, harassment and vioence. C189, Artice 5 Every domestic worker has the right to a safe and heathy working environment. C189, Artice 13 These are foowed up in the Domestic Workers Recommendation, 2011 (No. 201). Paragraph 7 recommends mechanisms to protect domestic workers from abuse, harassment and vioence, such as creating accessibe compaint mechanisms, ensuring that a compaints are appropriatey investigated and prosecuted, and estabishing programmes for the reocation and rehabiitation of domestic workers subjected to abuse, harassment and vioence.

7 Internationa Labour Conference, 107 th Session Geneva, May-June C189 And R201 have ed to more awareness, and more governments are taking action. However, ongoing abuse and vioence against domestic workers means that C189 and R201 are not sufficient, not even when a the other internationa Conventions and Decarations are aso taken into account. We, ike other workers, need a Standard which pushes more governments, empoyers, and trade unions to be more proactive in combating vioence and harassment. With the adoption of the C189, domestic workers finay became recognised as workers, with the basic rights of a other workers. Therefore we wi impicity be incuded in the proposed Standard. However, because of our on-going marginaisation in many countries and therefore extreme vunerabiity, we beieve domestic workers shoud be specificay mentioned in the proposed Standard. Domestic workers need to be specificay mentioned and incuded in the definition of workers in the proposed Standard. Other marginaised and highy vunerabe groups such as informa workers generay, refugees and asyum-seekers aso need specia attention in the proposed Standard. Preventing vioence and harassment in the word of work is inextricaby inked to ending discrimination, promoting equaity and extending economic security. Where grounds of discrimination intersect, such as gender and race or disabiity, the risk of vioence and harassment is exacerbated. Nationa Domestic Women Workers Union (NDWWU), Bangadesh When my empoyer got a new boyfriend, he caed me degrading names such as Back Bitch, Kaffir and Thief, and he spat in my face. In 2008, he insuted me but just had to pay a fine of 500 Rands and say sorry. In 2013, I took it further as he was aso insuting our President Mandea and saying we are stupid and we stoe the and of the white peope. When I made the case against him, they asked me, Why now? I said, I woud ike justice to prevai. I want other domestic workers to speak out, not to suffer in sience. In 1994 we gained our freedom: we are free and shoud be respected. It took two years to get justice but, with the hep of my union SADSAWU and a very committed awyer, I won my case. My empoyer s boyfriend went to jai for two years and I won an award of 50,000 Rands at the Equaity Court. Athough I have not yet received this money, I am satisfied that I have shown how strong we are as domestic workers. Today I am working in the union and each day I teach and educate domestic workers on their rights as workers. We aso focus on using drama to educate on abuse. Goria Kente, South African Domestic and Aied Workers Union (SADSAWU)

8 6 Patform of Demands Vioence and harassment against women and men in the word of work 3.3 Cear definitions of vioence and harassment in the word of work Vioence and harassment in the workpace take many forms, and are not yet ceary defined in ILO Standards. The ILO Meeting of Experts in October 2016 concuded that there is a need to provide a common understanding of what vioence and harassment encompasses, as we as what is needed to address it. Gender-based vioence We know that gender-based vioence and harassment is rife around the word, incuding in the workpace. With the vast majority of domestic workers being women, this is a frequent issue which our organisations have to dea with: providing support and sanctuary for individua workers, asking for poice/ega intervention, obbying poicy-makers, and so on. However, a too often the issue is ignored by governments, empoyers and even some trade unionists where gender discrimination is seen as norma or part of our cuture. There must be specific and strong reference in the Convention against gender-based harassment and vioence.... whether gender-based vioence takes pace within, or outside, the workpace, it is a word of work issue. ILO Report V (1), Ending Vioence and Harassment in the Word of Work, 2017, (page 45)

9 Internationa Labour Conference, 107 th Session Geneva, May-June The many forms of vioence and harassment in the word of work, whether against women or men workers: Physica: This can range from saps, punches and beating, to burning, scarring, and even attempted and actua murder. It can incude sexua vioence such as groping and rape. Working in isoation in the private homes of others, domestic workers are particuary vunerabe to such extreme forms of vioence. Psychoogica: Intimidation, buying, staking, threats of vioence and other verba abuse, even as far as death threats, are a forms of psychoogica vioence. So too are threats of instant dismissa: domestic workers are often tod they are easy to repace. Some ive-in domestic workers have to endure a ack of privacy, for exampe not even being aowed to cose the door of their room, another form of severe intimidation. Others are not aowed to use their phones, or eave the house uness accompanied. It is very common that migrant domestic workers have their passports and work permits withhed by their empoyers. This means that, if they eave a househod where they are being abused, they automaticay become undocumented and therefore highy vunerabe on the streets. In many countries, domestic workers and supporters have had to set up specia rescue operations, incuding safe houses for migrant domestic workers who have fed abuse but have nowhere ese to go. The Overseas Domestic Worker Visa system in the UK ties the domestic worker to one specific empoyer. This means that a migrant domestic worker who fees vioence or abuse has no right to work esewhere and risks immediate deportation. This is simiar to the kafaa (sponsorship) system for a migrant workers in the Arab States. Domestic workers empoyed by dipomatic househods in third countries are aso in a situation of high risk. Dipomats tend to enjoy ega immunity in the country to which they are posted, meaning that their domestic workers have no resort to ega action against an abusive empoyer. There are many cases of dipomatic househods withhoding the passport/ visa of their domestic worker. Such situations are strong contributors to modern-day savery. Economic/financia: In a survey of our affiiates in the Asia-Pacific Region, the IDWF found that economic and financia harassment ranked very high among the ist of abuses that domestic workers face. Some empoyers withhod wages so as to keep the domestic worker under their contro. Labour agents charging excessive fees for finding a job can put workers into such debt that they are in bonded abour unti they can pay the debt off. Cutura: Domestic workers report that some empoyers do not aow them to eat food according to their cuture, forcing them to choose: eat food which is inappropriate, or go hungry. The proposed Standard must incude ega prohibition of a forms of vioence and harassment, and have a very broad, encompassing definition of what is meant by vioence and harassment. Whie broady setting out the types of vioence and harassment that exist and must be egay addressed, the proposed Standard shoud have fexibe enough wording to incude new forms of abuse that might occur, for exampe through deveopments in socia media.

10 8 Patform of Demands Vioence and harassment against women and men in the word of work Domestic vioence Domestic vioence and other forms of vioence and harassment are reevant to the word of work when they impact the workpace. ILO Fina Report: Meeting of Experts on Vioence against Women and Men in the Word of Work, October 2016, Appendix 1, paragraph 6 A study in Canada of over 8,400 workers showed that one in three had experienced domestic vioence, and over 80% of those affected had said it impacted on their work. Ibid, (page 16) Domestic vioence is sady rampant wordwide, and has far wider impacts than just the home where it takes pace. Domestic workers are particuary aware of this - because domestic work is very often what victims of domestic vioence turn to for a means of iveihood. Empoyers are not responsibe for domestic vioence that takes pace in the homes of their workers. However, as an Expert from the Government of South Africa said at the ILO Meeting of Experts in October 2016, empoyers do need to recognise the detrimenta effect and cost impications of it to their own operations. For many workers who have suffered domestic abuse at home, our workpace can be the ony safe space for us, somewhere where we might receive psychoogica, socia and/or ega support, or be granted sick eave, for exampe. A growing number of governments are now requiring empoyers to protect empoyee victims, and/or supporting empoyers to do so. These are a reasons why domestic vioence shoud be incuded in discussions about the impact of vioence on the workpace, and why a socia partners shoud pay a part in combating it. Meanwhie, however, some workers suffer abuse both in our own homes and aso in our workpace. Domestic workers in particuar know this to be the case. Or, even where our empoyer is not abusive, the worker s highy subordinate position can make it very difficut/impossibe for us to raise the issue and seek support. These are a reasons why the impact of domestic vioence on the workpace shoud be incuded in discussions on the proposed Standard, and why a socia partners shoud be active in combating it. Pubic awareness-raising programmes and proactive measures by governments, empoyers and trade unions are extremey important to buid a society which is free from domestic vioence. In Section 3.6, we set out the steps which can be taken. We have many domestic workers teing us that they suffer abuse in their own homes, as we as at their empoyer s. This affects their work, and we need the new Convention to address this too. Myrte Witbooi, Genera Secretary, South African Domestic Service and Aied Workers Union (SADSAWU) and President of the IDWF The impact of domestic vioence on the workpace shoud be incuded in the proposed Standard because of its negative impact on the word of work.

11 Internationa Labour Conference, 107 th Session Geneva, May-June The word of work : what is incuded in the workpace? The word of work is considered to cover not ony the traditiona physica workpace, but aso commuting to and from work, work-reated socia events, pubic spaces incuding for informa workers such as street vendors, and the home, in particuar for homeworkers, domestic workers and teeworkers. Concusions of the ILO Meeting of Experts on Vioence against Women and Men in the Word of Work, October 2016 It is now widey recognised that work takes pace not ony in what have been thought of as typica workpaces such as factories, offices, farms, and so on, but aso in atypica ones. For domestic workers, our workpace where many of us suffer vioence and harassment is the private househod, as is recognised by the ILO Experts above, as we as in C189. We are peased to see that incusion of the private home as a workpace is recommended in the ILO Report V (2) (page 47). The private home must specificay be incuded as a workpace in the proposed Standard. Many domestic workers do not ony work in our empoyer s homes but aso ive there. A workers shoud be free from abuse not ony when actuay working but aso when resting. The proposed Standard shoud incude workers right to be free from vioence and harassment not ony when working but aso when resting whie at the workpace. IDWF members woud aso ike to see pubic spaces incuded, as domestic workers can be and are abused whie working in areas other than inside our empoyer s home. It can, for exampe, be whie accompanying the famiy on a trip somewhere, or whie traveing under the contro of an empoyment agency. Other workers can suffer abuse when commuting. The proposed Standard shoud aso recognise pubic spaces within the definition of the workpace. Migrant workers are often temporariy housed by empoyment agencies, and vioence and abuse is often used in such spaces as a means of contro or punishment, for exampe if an abused domestic worker eaves a househod where she was paced. Therefore, boarding houses and apartments run by empoyment agencies must be incuded in the definition of workpace. The proposed Standard shoud incude temporary accommodation run by empoyment agencies for migrant workers within the definition of the workpace.

12 10 Patform of Demands Vioence and harassment against women and men in the word of work 3.5 Who are the empoyers responsibe for vioence? In domestic work, the perpetrators of vioence harassment and intimidation are often the direct empoyers: the head of the househod where we work, whether mae or femae. The proposed Standard needs specificay to incude househod heads in the definition of empoyers. However, it is not ony they who abuse domestic workers. It can, for exampe, aso be a reative of the empoyer a husband or wife, or another famiy member or a friend, or even another domestic worker in the househod. The proposed Standard must ensure that domestic workers are protected from vioence and harassment no matter who the perpetrator is, incuding famiy members and friends of the empoyer, or other domestic workers in the househod. The empoyer shoud be made responsibe for ensuring the security and safety of the worker. Meanwhie, many domestic workers are empoyed via intermediaries. Some are private empoyment agencies which, whie officiay egitimate, can harass the domestic workers they pace, for exampe through the fees they charge, paying beow minimum wages, or threats of not finding a pacement. There are aso rogue abour agents/brokers whose excessive fees to provide a job can, for exampe, subject the worker to bonded abour. Migrant workers, incuding of course the miions of migrant women domestic workers in today s word, are particuary at risk of vioence and harassment. Domestic workers are among those most subjected to trafficking and smugging across borders by crimina gangs posing as abour agents. Such abuse is recognised by and incuded in C189, for exampe requiring governments to: (b) (c) ensure that adequate machinery and procedures exist for the investigation of compaints, aeged abuses and frauduent practices concerning the activities of private empoyment agencies in reation to domestic workers; adopt a necessary and appropriate measures... to provide adequate protection for and prevent abuses of domestic workers recruited or paced in its territory by private empoyment agencies. These sha incude aws or reguations that specify the respective obigations of the private empoyment agency and the househod towards the domestic worker and provide for penaties, incuding prohibition of those private empoyment agencies that engage in frauduent practices and abuses... C189, Artice 15

13 Internationa Labour Conference, 107 th Session Geneva, May-June Aso, ILO Convention Private Empoyment Agencies C181 (1997) appies to a private empoyment agencies and a workers, and specificay paces duties on each government to prevent the abuse of migrant workers recruited or paced in its territory, with aws and penaties against abusive agencies (Artice 8). More recenty, this has been foowed up by, for exampe, the Genera Principes and Operationa Guideines for Fair Recruitment adopted by the ILO Meeting of Experts on Fair Recruitment, September Therefore, it is consistent as we as imperative to incude private empoyment agencies in the proposed ILO Standard. We are very peased that the ILO Report V (2) (page 29) proposes that the definition of empoyer shoud be any person or entity that engages workers either directy or indirecty. The proposed Standard shoud ceary incude third parties and intermediaries such as private empoyment agencies and abour brokers as potentia perpetrators of vioence and harassment. My empoyers in Tripoi didn t foow the contract, and so I tod them that I wanted to quit. They took me to an agency in Zarif. At the agency they asked me Why are you here?, and started hitting me... I stayed at the agency for 3 weeks... They didn t give me food, just one manousheh (bread). It was ike a prison. I didn t even know what time it was... They hit me again and again, and tod me that I wi go back to my empoyer and do whatever they te me to do. Domestic worker from Madagascar, working in Lebanon Our research ceary demonstrates that significant numbers of agencies are systematicay charging Fiipino migrant domestic workers fees we in excess of the ega maximum. Yet despite this, very few are ever charged and prosecuted in the Phiippines or Hong Kong. Shiea Estrada, Chair, Progressive Labour Union of Domestic Workers - Hong Kong (PLUDW-HK) Report and fim Between a Rock and a Hard Pace,

14 12 Patform of Demands Vioence and harassment against women and men in the word of work 3.6 A comprehensive prevention strategy Revision of nationa poicies and aws to impement the proposed Standard Since the adoption of C189, we have seen great progress in respect for the rights and protection of domestic workers, with 25 ratifications of the Convention pus abour aw reforms in an ever increasing number of countries. More of us have joined trade unions and are benefiting from Coective Bargaining Agreements. Among the countries which now address vioence against domestic workers in their aws are: Brazi: Domestic workers can terminate their contract if the empoyer physicay abuses them or commits any form of domestic vioence against any other person in the househod under Braziian Compementary Law No. 150 of 2015 on domestic workers. Brazi aso has guidance on vioence and harassment specificay towards domestic workers. Indonesia: Live-in domestic workers are considered as members of the househod for which they work and are, as such, protected against physica, psychoogica, sexua and economic domestic vioence under the Act of the Repubic of Indonesia No. 23 of 2004 regarding the Eimination of Vioence in the Househod. Netherands: Reguation on Domestic Workers of Peru: Supreme Decree No MIMDES of 2003 concerning the Reguation of the Prevention and Punishment of Sexua Harassment Act No Phiippines: Domestic Workers Act No of ILO Report V (1), Paragraphs 270 and 271 However, there are sti governments which are resisting ratifying C189, and excuding us from the ega coverage of abour aw regimes. This was found to be the case in no fewer than 20 of the 80 countries studied for the ILO Report V (1). Or esewhere our rights are ess than other workers. So, for domestic workers, an essentia part of the strategy to combat vioence and harassment in the workpace is for every country to ratify and impement C189, ensuring that we are incuded in the definition of worker in abour aws and reguations. Added to this, impementation of a strong Convention and Recommendation on vioence and harassment in the word of work wi give us far more protection. We, as we as other vunerabe workers, must be specificay incuded in aws and poicies on migration, gender equaity, and occupationa heath and safety. These aws and poicies must aso be upgraded to ensure they combat vioence and harassment in the workpace. In the process of revising poicies and aws, governments and trade unions shoud consut with domestic workers organisations, as we as the organisations of other marginaised workers who are at most risk. The empoyer (of a domestic worker) has a responsibiity to anticipate accidents before they happen and, if they do happen, to repair the situation and indemnify the worker. This is estabished under Uruguayan aw and aso C121 (ILO Convention on Empoyment Injury Benefits). Water Migiónico, Heath and Safety Officer of the PIT-CNT union federation, Uruguay

15 Internationa Labour Conference, 107 th Session Geneva, May-June Enforcement and monitoring mechanisms Even where domestic workers do have protection under aw, this is often not backed up by sufficient measures to impement it. For exampe, the ack of access by abour inspectors to the private home as a workpace is one of the main contributing factors to vioence and abuse against us. This is recognised in C189 (Artice 17). There are countries where enforcement and monitoring mechanisms do exist which hep to provide protection, for exampe: Itay has estabished preventative measures and does ensure that workers have protection from vioence, according to the ILO Meeting of Experts Report, October Uruguay has rights to inspection of private homes where heath and safety probems are reported. Domestic workers organisations and other trade union bodies shoud be consuted in deveoping these mechanisms, particuary abour inspection of the private home, drawing on existing good practice. Compaint and reporting mechanisms Such systems, which shoud incude access to ega assistance, are very much needed and shoud be widey advertised, such as via socia media. They must adequatey protect victims, witnesses, and whistebowers who make compaints/reports, and they must be accessibe and affordabe. 24-hour hotines are particuary important for ive-in domestic workers to report cases of abuse. Access to ega recourse In countries where domestic workers are sti not recognised under aw as workers, or in situations where a migrant domestic worker becomes undocumented, an abused worker may we have no right to take a case to court. This is a significant gap which must be fied in the Convention. Sanctions and penaties for perpetrators As is incuded in C189 Artice 17, perpetrators shoud receive appropriate and effective sanctions and penaties - discipinary or crimina - proportiona to the eve of vioence or harassment they have committed. Dispute resoution mechanisms There are positive mediation practices where, for exampe, a househod empoyer and their worker can be brought together in a safe ocation and assisted to discuss and find soutions to a situation of abuse. Practices which are based on a restorative process are more ikey to reduce the ikeihood of ongoing or future vioence or harassment. Such mechanisms shoud be deveoped with the invovement of independent and representative trade unions, incuding domestic workers organisations, and/or their support organisations.

16 14 Patform of Demands Vioence and harassment against women and men in the word of work Remedies and support for victims Recognising the physica and menta heath consequences of vioence and harassment at work, a workers - incuding undocumented migrant workers - shoud have access to both heathcare and aso counseing. For ive-in domestic workers feeing abuse, there shoud be access to sheters/safe houses. Organisations aready providing such support aso themseves need more officia recognition and support. Domestic workers shoud aso be incuded in workers compensation insurance schemes. Specia training of pubic and private officias/staff Labour/occupationa heath and safety (OHS) inspectors, poice officers, judges and other court professionas, as we as human resources personne, managers and supervisors in private enterprises, must receive training in how to recognise and dea effectivey with vioence and harassment, particuary that which is gender-based, and incuding in private househods. Interna poicies and procedures A actors - governments, empoyers and trade unions - need to be proactive in finding ways to improve their poicies and impementation, so that their commitment to combat vioence and harassment in the workpace is on-going, not just one-off or occasiona activities. This means ensuring that actions against vioence and harassment are incuded not ony in their work on aws, poicies, Coective Bargaining Agreements (CBAs), and so on, but aso in their interna poicies - and then ensuring that these poicies are uphed. For domestic workers, this aso means incuding us in union activities such as education and OHS Committees. Awareness-raising campaigns among the genera pubic There is a great need for widespread pubic campaigning everywhere against vioence and harassment, whether in the workpace or the home, and particuary against gender-based vioence. For domestic workers, this is particuary important because our empoyers are the genera pubic. Education programmes among workers Many trade unions around the word are aready active in educating their members on questions of vioence and harassment in the workpace. However, more needs to be done, and especiay to focus on gender-based vioence, and to incude marginaised workers who are at most risk such as domestic workers. Radio and socia media have, for exampe, proved very usefu techniques for reaching ive-in domestic workers who are otherwise isoated.

17 Internationa Labour Conference, 107 th Session Geneva, May-June Engagement with ethica empoyers There is an increasing number of initiatives around the word to encourage ethica recruitment and fair empoyment, particuary so as to combat modern savery, incuding of domestic workers. For exampe, since 2014, the ILO has been running a Fair Recruitment Initiative in coaboration with many partners such as the Internationa Organisation for Migration (IOM), the Internationa Trade Union Confederation (ITUC), and the Internationa Empoyers Organisation (IEO) to encourage fair recruitment practices gobay. In December 2016 it pubished Genera Principes and Operationa Guideines for Fair Recruitment and is running various projects. In Hong Kong, for exampe, the Fair Empoyment Agency is a piot programme reated to domestic workers in coaboration with HeperChoice. Meanwhie, the ILO is aso supporting the IDWF campaign My Fair Home which promotes decent empoyment practices among those who empoy domestic workers. It incudes specific reference to combating vioence and harassment. I wi activey ensure a work environment that is free from abuse, harassment and vioence. One of the My Fair Home Pedges: In a few countries there are associations of private househod empoyers who aim to encourage and operate on fair empoyment practices. For exampe, in the USA there is Hand in Hand, a domestic empoyers network which in 2015 joined with the Nationa Domestic Workers Aiance to aunch the Fair Care pedge to strengthen the famiy and caregiver community. There are aso private empoyment agencies which promote themseves as fair empoyers, such as the Fair Hiring Initiative (Phiippines) and Housekeeping Co. (Emirates). Where such initiatives are proved genuine in their poicies and practice, they shoud be prioritised in negotiations and actions to combat vioence and harassment in the word of work.

18 16 Patform of Demands Vioence and harassment against women and men in the word of work 4 Information Sources IDWF, Response to ILO Questionnaire on Ending Vioence and Harassment against Women and Men in the Word of Work, IDWF, Report on IDWF Survey on Gender-Based Vioence against Domestic Workers, Asia, January 2018 IDWF, Domestic Workers of the Word Unite: Founding Congress Report, October 2013 EFFAT (European Federation of Food, Agricuture and Tourism Trade Unions), Domestic Workers in Europe: Getting Organised!, February 2015 ILO, Ending Vioence and Harassment in the Word of Work, Report V (1), May 2017 ILO, Ending Vioence and Harassment in the Word of Work, Report V (2), March 2018 ILO, Fina Report: Tripartite Meeting of Experts on Vioence against Women and Men in the Word of Work, October 2016 ITUC, Domestic Workers Unite: A guide for buiding coective power to achieve rights and protections for domestic workers, 2016 ITUC, Campaign Tookit: Stop Gender-Based Vioence at Work - Support an ILO Convention, Apri 2018 WIEGO, Vioence and Informa Work, Briefing Note, Apri 2018

19 5 About the IDWF The Internationa Domestic Workers Federation (IDWF) is a membership-based goba organisation of domestic and househod workers. As of March 2018, the IDWF has 67 affiiates from 54 countries, representing over 600,000 domestic/househod workers members. Most are organised in trade unions, whie others are in associations, networks and workers cooperatives. A domestic or househod worker is any person engaged in domestic work within an empoyment reationship. We beieve domestic work is work and a domestic and househod workers deserve to enjoy the same rights as a other workers. We were formay estabished in October 2013, out of the Internationa Domestic Workers Network (IDWN). It was the activism and drive of the IDWN, supported by many others, which ed to us win the ILO Domestic Workers Convention C189 in 2011, finay acknowedging that domestic/househod workers everywhere have and are entited to rights and respect. Since then we have continued to support them to strengthen their organisations, aiances and voice to fight for these rights to be uphed, by providing training, advice, research, advocacy, and more. We are buiding a strong, democratic and united domestic/househod workers goba organisation to protect and advance domestic workers rights everywhere.

20 Internationa Domestic Workers Federation (IDWF) They woudn t et me ca my famiy or go outside. They said, If you want to work here, you do what we te you to do. Domestic worker from Madagascar, working in Lebanon We are beaten up, accused of theft, raped. We compain even to the poice - but we don t get hep because we can t pay. Domestic worker, member of the Nationa Domestic Women Workers Union (NDWWU), Bangadesh My empoyer woud physicay and sexuay abuse me. If I resisted, he woud stop my wages. Migrant domestic worker empoyed in the UK Justice for Domestic Workers (J4DW): Patform of Demands Vioence and harassment against women and men in the word of work Internationa Labour Conference, 107 th Session Geneva May June 2018