URBAN INFORMAL WORKERS: ECONOMIC RIGHTS & REPRESENTATIVE VOICE
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1 URBAN INFORMAL WORKERS: ECONOMIC RIGHTS & REPRESENTATIVE VOICE MARTY CHEN LECTURER IN PUBLIC POLICY, HARVARD KENNEDY SCHOOL INTERNATIONAL COORDINATOR, WIEGO NETWORK Wrld Bank Nvember 22, 2011
2 REMARKS Infrmal Emplyment: what is it? why is it imprtant? Ecnmic Rights f Urban Infrmal Wrkers nrmative framewrks illustrative cases: 3 grups f urban infrmal wrkers legal cases/arguments: Clmbia & India need fr new framewrk Representative Vice f Urban Infrmal Wrkers why needed? where needed?
3 INFORMAL EMPLOYMENT: WHAT IS IT? WHY IS IT IMPORTANT? Infrmal Ecnmy: all ecnmic activities, units, and wrkers that are nt regulated r prtected by the State Infrmal Emplyment: includes bth self-emplyment in infrmal (unincrprated) enterprises wage emplyment in infrmal (unprtected) jbs Infrmal Emplyment: represents significant share f ttal & urban emplyment in develping cuntries 60-90% f ttal emplyment in develping cuntries: e.g. 93% f ttal emplyment in India prbably 50-80% f urban emplyment in develping cuntries: e.g. 80% f urban emplyment in India
4 ECONOMIC RIGHTS: NORMATIVE FRAMEWORKS Established Nrmative Framewrks: Universal Declaratin f Human Rights Article 23 Internatinal Cvenant n Ecnmic, Scial, and Cultural Rights ILO Cnventins: 2 specifically fr infrmal wrkers C177 (1996) hmewrkers C189 (2011) dmestic wrkers Reginal Agreements Natinal Cnstitutins Natinal Laws and Regulatins labr laws and regulatins Decent Wrk Framewrk: less binding but currently prmted by UN agencies and dnr cmmunity ILO Decent Wrk Agenda UN Millennium Develpment Prject 2005 Millennium Summit: Output Dcument f UN General Assembly Millennium Develpment Gal # 1: Target 1 b
5 INFORMAL EMPLOYMENT & ECONOMIC RIGHTS Labr and Emplyment Rights: usually cnsigned t ILO cnventins & labr laws r regulatins ILO Cnventins & Labr Law: premised n the ntin f a frmal emplyer-emplyee relatinship BUT Reality f Wrk Tday: frmal wage emplyment: emplyment-relatinship ften disguised, ambiguus, r multi-party infrmal wage emplyment: difficult t identify emplyer + ften misclassified as self-emplyment infrmal self-emplyment: requires duty bearer ther than emplyer
6 THREE GROUPS OF URBAN INFORMAL WORKERS: 16 CITIES IN 10 COUNTRIES Three Grups: percentage f ttal urban emplyment hme-based wrkers: 3% (Peru) t 18% (India) street vendrs: 3% (Brazil) t 15% (Suth Africa) waste pickers: 0.1% (India) t 0.7% (Suth Africa) Three Grups Cmbined = frm 4% (Argentina) t 22% (Suth Africa) t 29% (India) f ttal urban emplyment Surce: ILO and WIEGO Wmen and Men in the Infrmal Ecnmy: A Statistical Picture
7 THREE GROUPS OF URBAN INFORMAL WORKERS: INDIA Three Grups: percentage f ttal, female, and male urban emplyment hme-based wrkers: 18% (9% f wmen, 20% f men) street vendrs: 11% (6% f wmen, 12% f men) waste pickers: 0.1% (0.1% f wmen, 0.1% f men) Three Grups Cmbined = 29% f ttal urban emplyment in India (15% f wmen urban wrkers, 32% f men urban wrkers) Surce: Chen, Martha and G. Raveendran 2012: Urban Emplyment in India: Recent Trends & Future Prspects in jurnal Margin, f the Natinal Cuncil fr Applied Ecnmics Research
8 HOMEWORKERS OR INDUSTRIAL OUTWORKERS Ecnmic Rights: negative - right nt t be subjected t arbitrary cancellatins f wrk rders, arbitrary rejectins f finished gds, and delayed payments psitive - right t agreed-upn (if nt minimum) wages + agreed-upn wrker rights such as annual bnuses r pensins Duty Bearer: immediate cntractr? supplier higher in the chain? lead firm? jint liability? (e.g. in precedent-setting cases in US and elsewhere) Legal Case fr Ecnmic Rights: assumptin f emplyment relatinship (up the value chain)? assumptin f discriminatin? assumptin f disadvantage r vulnerability?
9 STREET VENDORS Ecnmic Rights: negative - right nt t be subjected t harassment, cnfiscatin f gds, evictins, arbitrary warrants and cnvictins psitive - rights t vend in public spaces under fair and reasnable restrictins (balancing cmpeting rights f different users f public spaces) + t maintain natural markets + t infrastructure services at vending sites Duty Bearer: city gvernment? natinal gvernment? Legal Case fr Ecnmic Rights: right t life? right t pursue business? assumptin f discriminatin? assumptin f disadvantage r vulnerability?
10 WASTE PICKERS Ecnmic Rights: negative - right nt t be subjected t harassment, bribes, and evictins by city authrities and/r arbitrary prices in recycling chain psitive - right f access t waste and rights t inclusin in mdern waste management system + fair prices fr recyclables + infrastructure fr srting and strage Duty Bearer: city gvernment? recyclers higher in the chain? natinal gvernment? Legal Case fr Ecnmic Rights: right t livelihd? right t pursue business? assumptin f discriminatin? assumptin f disadvantage r vulnerability?
11 LEGAL ARGUMENTS: COURT CASES IN INDIA Hmewrkers labr rights and standards: assumed t apply t all wrkers assumptin f emplyment relatinship: nt sale-purchase cntract Street Vendrs right t vend : this flws frm right t carry n a trade r business (Article 19 (1)(g) f Cnstitutin), NOT frm right t life (Article 21 f Cnstitutin) right t vend in public space : all public streets and rads vest in the State which then regulates use f public space - but curts have right t intervene if State impses unreasnable restrictins Waste Pickers right t a healthy life/envirnment : this flws frm right t life (Article 21 f Cnstitutin) and has been used by curts as a basis t direct municipalities t undertake waste management - but mst f these rders ignre waste pickers and their cntributin t waste management Surce: Kamala Sankaran, Prfessr f Law, Delhi University
12 LEGAL ARGUMENTS: COURT CASES IN COLOMBIA Cases in Supprt f Waste Pickers: Right t Survival : as an expressin f the right t life (Article 11 f Cnstitutin); used t argue the right t pursue waste picking as a livelihd Right t Equality : used t argue that waste pickers need preferential treatment/judicial affirmative actin in the tendering/bidding prcess fr gvernment cntracts t manage waste Right t Pursue Business r Trade (Article 333 f Cnstitutin): used t argue that cperatives f waste pickers, nt just crpratins, can cmpete in waste recycling markets Principle f Legitimate Trust : used t argue against sudden changes in plicies that acknwledged and permitted waste picking withut the prvisin f alternative surces f livelihd In these judgments, the Gvernment f Clmbia, represented by the relevant lcal plicy-making authrity (e.g. mayr s ffice), was seen as the duty bearer. Surce: Adriana Ruiz Restrep, pr bn lawyer fr Asciación Nacinal de Recicladres de Clmbia
13 ECONOMIC RIGHTS & THE INFORMAL WORKFORCE Existing labr laws and regulatins have limited relevance fr many types f infrmal wrkers, particularly thse wh are self-emplyed Arguments against discriminatin and fr fair and equal treatment can be made as laws and plicies are ften biased in favr f frmal enterprises and frmal wrkers Arguments fr preferential treatment r affirmative actin can als be made as many infrmal wrkers have suffered significant discriminatin and disadvantage in the past Cnstitutinal rights t life r t pursue trade r business are f central imprtance Right t livelihd (i.e. right t the resurces & pprtunities required fr securing the necessities f life) = key right = subsidiary f right t life (recgnized by supreme curts in several cuntries + in Cpenhagen Declaratin n Scial Develpment/Wrld Summit n Scial Develpment)
14 RIGHT TO LIVELIHOODS FOR URBAN INFORMAL WORKERS right t livelihd: includes right t public resurces infrastructure services fr hme-based wrkers space fr vendrs waste fr waste pickers legal presumptins: public space = pen space, with restraints impsed nly thrugh a fair, just, and reasnable prcess; public resurces = public gds, allcated nly thrugh a fair, just, and reasnable prcess right t livelihd: invlves rle fr gvernment in helping the wrking pr secure livelihds: by increasing pprtunities + maximizing capabilities + reducing risks right t livelihd: includes right t representatin
15 RIGHT TO REPRESENTATION FOR URBAN INFORMAL WORKERS Right t representatin : derives frm rights t frm trade unins r assciatins engage in cllective bargaining & cllective actin Cllective bargaining by urban infrmal wrkers: des nt typically invlve negtiatins with a single emplyer but rather negtiatins with a cmplex web f relatinships: suppliers, custmers, frmal businesses, lcal authrities, regulatrs & legislatrs THEREFORE Right t representatin fr urban infrmal wrkers = right f their representatives t engage with administrative bdies participate in regulatry prcess negtiate with pliticians & legislatrs
16 RIGHT TO REPRESENTATION FOR URBAN INFORMAL WORKERS Hmewrkers: hme-as-wrkplace: engagement with administrative bdies t secure basic infrastructure services + representatin in regulatry prcesses that develp zning regulatins piece rates: representatin in tripartite wage-setting bdies + grievance mechanisms Street Vendrs: right t vend: representatin n regulatry & enfrcement bdies such as tripartite Twn Vending Cmmittees (India) appeals prcess: representatin in grievance mechanisms + law curts Waste Pickers: access t waste: representatin in regulatry prcesses re allcatin f waste + design f waste management system cntracts fr waste management: right f cperatives/assciatins f waste pickers t bid fr slid waste management cntracts
17 URBAN INFORMAL WORKERS: ECONOMIC RIGHTS & REPRESENTATIVE VOICE Why? ecnmic rights = nt simply right t wrk but, mre fundamentally, right t livelihd Hw? representative vice = right t rganize + right f these rganizatins t have a direct representative vice & a seat at the (plicy) table Where? rule-setting and plicy-making bdies & prcesses, ideally thrugh statutry decentralized tripartite bdies
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