Oct 31, 2024
In a legal attempt to transform traditional gender roles and relieve unequal care burdens on women, South Africa’s Constitutional Court this week is taking up a case challenging sections of the country’s employment act that permit four months of maternity leave to biological mothers only. By comparison, fathers are only entitled to a 10-day paternity leave. If affirmed, the case will transform how maternity and parental leave is granted in South Africa and set an important precedent for the entire continent.
“Although we do anticipate the Constitutional Court confirming the judgment,” says Ziona Tanzer, Solidarity Center law program counsel, “how it does so and what it says about gender, the redistribution of care work and feminist labor law will be significant.”
Based on constitutional rights of non-discrimination and dignity, the Gauteng High Court in Johannesburg ruled last year that working parents must both have the right to time off after the birth of a baby or adopting a child, and can share four months of paid maternity leave made available to women under the Basic Conditions of Employment Act (BCEA). The High Court judge recognized that current provisions of the law do not permit families to autonomously determine who performs infant care work or equally share responsibilities between parents.
Although the High Court issued an interim order, the judgment must be affirmed by the Constitutional Court–a necessary requirement for all cases concerning the constitutionality of laws. The Constitutional Court could make the lower court’s order of unconstitutionality immediately applicable, which means the law will change from the date of the judgment, or it can give the South African legislature one or two years to amend the law.
The lower court also found that provisions in the BCEA unfairly and unconstitutionally discriminate against fathers and parents of children adopted or born via surrogacy. Pointing to an unequal care burden on women, the presiding judge said that although it is not discriminatory to grant leave to a birth mother, the real question underlying the act is a policy choice with respect to child nurture, which could be done by either parent.
Bringing international and comparative law–which is increasingly recognizing the common responsibility and rights of both parents to contribute to the raising of children–to the court, South Africa-based Labor Research Services, the Solidarity Center, the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network and the University of Pretoria’s Center for Human Rights together submitted “friends of the court,” or amici arguments. The amicus arguments focus on the gendered underpinnings of the BCEA. In its premise that mothers are primarily responsible for child care while fathers’ care responsibilities are secondary, the BCEA not only forces an unequal care burden on mothers, it also unfairly and unconstitutionally discriminates against fathers and non-traditional families, such as parents of adopted children or those born via surrogacy. The attorney representing the amicus is ILAW member Kayan Leung, from Lawyers for Human Rights.
Paid leave for fathers in many African countries remains below three weeks; some only allow for a few days.
The ILAW Network is a membership organization for union and worker rights’ lawyers. Its core mission is to bring together legal practitioners and scholars in an exchange of ideas and information to best represent the rights and interests of workers and their organizations.
Oct 31, 2024
Central Asian workers who migrate for good paying jobs are navigating a rapidly changing environment due to shifts in economic options and political instability. At the same time, a growing number of women and young migrant workers, who face particular vulnerabilities, are increasingly seeking to migrate. Safeguarding worker rights amid changing migration flows is a challenge best addressed when stakeholders from the region join together to develop and coordinate safe migration strategies, according to panelists at a Solidarity Center webinar this week.
Migrant workers in Central Asia seek good jobs to support themselves and their families. Credit: Solidarity Center
“We really feel the need of cooperation with destination countries to find more systematic ways of organizing these workers,” said Edwin Atema, leader of the Road Transport Due Diligence Foundation. “Because, on a daily basis, our staff is saving the lives of workers.” Atema was among eight participants and Solidarity Center partners in the webinar, moderated by Solidarity Center Executive Director Shawna Bader-Blau and including Kelly Faye Rodriguez, U.S. Department of State special representative for international labor affairs.
“Regional government dialogue is a key and it’s very important since now not only Kazakhstan, but Kyrgyzstan also become the only country of origin, but also country of destination,” said Evgeniya Li, Solidarity Center program coordinator. “The main steps that should be taken in the future are facilitating cooperation, addressing labor market needs, and improving migrants’ rights.”
Workers Migrate for Decent Jobs
Based on a research sample of 1,031 migrant workers from Kazakhstan, Kyrgyzstan and Uzbekistan, research by the Solidarity Center found that Kyrgyzstan and Uzbekistan are primarily origin countries, with Kazakhstan becoming an increasingly popular destination country. Overall, 58 percent of those interviewed say they migrated because of low wages in home countries, and 31 percent because of the lack of jobs and unemployment.
While Russia long was a destination country for migrant workers from Central Asia, the number of workers migrating there has decreased following the Russian invasion of Ukraine and the country’s decreased economic opportunities. The survey found migrant workers are now choosing Kazakhstan (28 percent), Türkiye (27 percent), Germany (21 percent) and South Korea (16 percent).
As in many countries, Central Asian migrant workers are found in a variety of jobs, including construction, agriculture, trade, transportation, public catering and much more.
Low Pay, Poor Conditions and Growing Numbers of Women, Young People
“Overtime was not paid; we were paid just the regular salary. If I got sick, it was my problem; the employer didn’t cover it. You had to pay for treatment yourself,” said one worker from Uzbekistan who was surveyed in the report. The 30-year-old cook had spent seven years as a migrant worker and describes a common experience, in which migrant workers receive no overtime payment or sick leave and often endure discrimination and gender-based harassment and violence, said Lola Abdukadyrova, Solidarity Center regional director in Kyrgyzstan.
“Twenty-nine percent of respondents’ households are on the verge of poverty, they do not always have enough money for food,” she said of Kyrgyzstan. For migrants from Uzbekistan, “45 percent of respondents’ households are on the verge of poverty,” said Nodira Karimova, director of the Republican Social Information Center Istiqbolli Avlod.
“They have enough money only for food. Salary is not paid regularly,” said Abdukadyrova. “The workload increases without a salary increase. And they’re working irregular hours. Employers do not provide a safe workplace.”
Gulnara Derbisheva, director of Insan-Leilek, an NGO advocating for migrant worker rights, discussed how women are especially at risk, facing gender-based violence and harassment, an increase that Li said necessitates “targeted policies and programs to support women’s formal employment and provide access to legal aid.”
Panelists saw a video describing efforts by the Solidarity Center in Kyrgyzstan to support pre-migration training and labor rights training,
In a video describing efforts by the Solidarity Center in Kyrgyzstan to support pre-migration training and labor rights training, some 10,000 applicants sought visas for South Korea and the United Kingdom. Showing the video to participants, “you can see the portrait of the Kyrgyz labor migrant right now that is still very young,” said Abdukadyrova. When workers line up to apply for migration, “registration closes in five minutes. Increasingly, young people are looking for jobs outside the country.”
“Ensuring migrant workers are protected by contracts and knowing they have labor rights is essential,” says Derbisheva, “especially as workers in informal economy jobs such as domestic work and taxi driving increase.” The survey shows most migrants from Kyrgyzstan and Uzbekistan (76 percent) do not have labor contracts, “making them even more vulnerable to labor rights violations,” said Abdukadyrova.
“The share of informal migrants is very high. There is a low level of awareness for labor rights and few have contracts,” said Derbisheva, whose organization campaigns to aid workers in forced labor and provide free legal assistance, such as recovering fees and unpaid salaries. “They are major stakeholders and we have to involve them.”
Going Forward
Credit: Solidarity Center
The first recommendation to address migration should involve “strengthening work prior to leaving their countries,” says Derbisheva. When workers choose to migrate, panelists emphasized the need for a fair recruitment process and departure training for both migrant workers and potential migrant workers that underlines core labor rights and government engagement with countries to establish mutual agreements.
“Kazakhstan has endorsed the Global Compact for Safe, Orderly and Regular Migration (GCM), and participates in various regional migration dialogues,” said Aleksandr Mukha, director of the Mangistau Regional Branch of the Kazakhstan International Bureau for Human Rights and Rule of Law. In another significant win for migrant worker rights organizations, Kyrgyzstan in August also issued the GCM with the goal of improving conditions for Kyrgyz citizens who travel abroad to earn their livelihoods.
The compact is the result of work by the Solidarity Center with its partners in Central Asia with the Migrant Workers Union, a network of nongovernmental organizations focused on migration, and relevant Kyrgyzstan state bodies.
“Migration long has been a critical issue for the Solidarity Center,” said Shawna Bader-Blau, panel moderator.
“In Central Asia, the Solidarity Center has been active since independence in helping to build democratic, worker-led organizations and to help ensure respect for fundamental worker rights. We operate programs in Uzbekistan, Kazakhstan and Kyrgyzstan from our field office located in Kyrgyzstan’s capital, Bishkek,” she said. “Our long-time focus on migration in the region brought about real successes including the organization of a Migrant Workers Union that brings together more than 10,000 migrant workers from Kyrgyzstan and Uzbekistan for mutual protection of their rights.”
“We recognize that workers are all deserving of full respect of international labor standards without exception, including the freedom to form unions and collectively bargain regardless of immigration status, nationality, race, gender or sector of the economy,” she said.
“With Solidarity Center’s already deep contacts, all of our partners mentioned that in Central Asia we need to have this wide informational campaign, provide legal assistance, develop policies targeted to women migrants, mandatory pre-migration trainings, encourage migrant organization development and promote union membership and collective organization among migrant workers,” said Li
Presentations from the webinar, “Exploring Migration Trends in Central Asia: A Comprehensive Analysis of Changing Migration Flows and New Labor Markets in Kazakhstan, Kyrgyzstan and Uzbekistan,” along with an executive summary and infographic of the research conducted, are available on the Solidarity Center website. The full reports—one for Kazakhstan, Kyrgyzstan and Uzbekistan—will be available on the Solidarity Center website next month.
Oct 28, 2024
More than 200 International Lawyers Assisting Workers Network (ILAW) members gathered in Casablanca, Morocco, October 9 to 11 at their 2024 Global Conference to share ideas and to collaborate on legal strategies to promote and defend worker rights.
The Solidarity Center established the ILAW Network in 2018 as a way for pro-labor lawyers worldwide to bring together legal practitioners and scholars in an exchange of ideas and information in order to best represent the rights and interests of workers and their organizations wherever they may be.
ILAW lawyers working together have taken legal strategies that are successful in one country and deploy them elsewhere. In doing so, they have set new legal precedents that build a stronger foundation for the expansion of worker rights around the globe.
Credit: Mosa’ab Elshamy
Solidarity Center Executive Director Shawna Bader-Blau welcomed attendees, describing the network of over 1,300 members in more than 90 countries as “uniquely situated to take on global corporations suppressing worker rights.”
She cited the successful advocacy of women labor lawyers for new International Labor Organization (ILO) treaties, like Convention 189 on domestic workers and Convention 190 on violence and harassment. She also noted the inclusion of a plenary on feminism and labor law in this year’s conference as an example of ILAW’s leadership driving the global labor movement agenda towards equity.
Solidarity Center Rule of Law Director and ILAW Network Chair Jeffrey Vogt laid out the conference’s purpose. “Around the world, the rights of workers and unions are under attack. Employers are well-resourced and coordinated in their efforts to shape law and policy. It is essential that workers and unions do the same. Through ILAW, we can learn from each other, build from successes and failures, and strengthen our impact through legal solidarity.”
Vogt also highlighted the importance of the feminism and labor law plenary: “The ILAW Network is a feminist network, and we are proud of that. Labor law needs to work for everyone. Having a labor law that is feminist is a way to make it work for everyone.”
Credit: Mosa’ab Elshamy
The importance of interconnectedness was woven throughout many plenary sessions and discussions. Networking, learning from and collaborating across countries and regions was a key part of the conference, as attendees talked about the commonalities of their work.
The opening plenary, moderated by Solidarity Center’s Rule of Law Deputy Director Monika Mehta, focused on the impact of technology in the world of work, including but not only digital platform workers, from Amazon warehouses workers to content moderators for major social media firms.
Panelist Liz Lenjo described the content moderators in Kenya who filed a lawsuit against Meta (the parent company of Facebook, Instagram and Threads) and Sama, the local contractor, citing poor working conditions, union busting and inadequate mental health support.
These workers were hired to screen posts, videos and messages for Facebook and remove harmful or offensive content. Workers spent hours viewing violent and disturbing images and videos. They were left on their own to deal with the psychological trauma. In a landmark ruling, the Kenyan court determined it had jurisdiction over Meta.
Credit: Mosa’ab Elshamy
Sandra Muñoz discussed how women in Colombia’s parliament recently passed legislation to prohibit gender-based harassment in the workplace and linked the fight for gender equality to equality for all. “Unless we can overcome gender inequality,” Muñoz said, “we can’t overcome inequality as a whole.”
Kayan Leung also described successful litigation she undertook in South Africa to establish parity in paid parental leave in order that the responsibility of care does not default to women. The ILAW Network filed an amicus brief in that case.
During the panel on Just Transition, Angelica Maria Palacios Martinez spoke about the efforts to get Colombia’s government to recognize trade unions’ essential role in Just Transition and protecting the whole population. “From the trade union world, we have called out the government to recognize us as a key player, she said, “so that these public policies are focused on protecting the entire population, and in particular, protecting the workers.”
Abdullah Nahid of the Maldives, one of the countries most affected by climate change, described union efforts to support workers in the tourism and fisheries sector.
On the panel on the informal economy, Madhulika Tatigotla discussed the growth of the informal economy in India. India’s informal economy continues to grow, as the formal sector continues to informalize as, for example, 40 percent of factory workers are now on temporary contracts. Recently, workers and their legal advocates developed a comprehensive draft law for workers in the informal economy to extend labor rights and benefits.
In the final right to strike plenary, Paapa Danquah noted the increasing international threats to the right to strike, linking it to civil liberties. “The attack on the right to strike on the international level is the first step to taking away the right to strike everywhere,” Danquah said. “Whenever you see attacks on the right to strike, there are also attacks on collective bargaining and civil liberty.” He described how the ITUC was involved in litigation before the International Court of Justice to protect the right to strike as a principle of international law.
As the conference ended, attendees discussed priorities for the coming year, from more collaboration between all members to deepening national and regional labor law networks, cross-pollination between ILAW regions, increasing engagement with social movements and Indigenous communities in order to support union growth. Attendees left the conference energized and committed to forging a robust labor law network for a stronger global labor movement.
Oct 10, 2024
With disability rights organization New Age foundation, the Solidarity Center supported the re-launch of job search mobile phone app, “Ten Ishte” for people with disabilities in Kyrgyzstan. The app, which translated means “Equal Work,” was previously informational but now also lists inclusive job openings and accessibility information about the buildings in which those jobs are located.
“Everybody deserves the dignity of full participation in society, including opportunities to acquire jobs-based skills and earn their livelihoods,” says New Age founder and long-term Solidarity Center partner Askar Turdugulov.
In collaboration with experts and civil society organizations and with Solidarity Center support, New Age helped redesign the app to best serve the needs of people with disabilities who are living in Kyrgyzstan. The app’s launch in Bishkek on October 3, gathered key rights activists and political and business leaders, including people with disabilities, civil society organization leaders, employers, Deputy Minister of Labor Kyial Januzakova, Deputy Minister of Education Muratbek Kasymaliev, Bishkek Deputy Mayor Victoria Mozgacheva and key members of parliament.
Event feedback included a recommendation by public association ARDI lawyer Seinep Dyikanbaevato to report the app’s building accessibility ratings to the Bishkek mayor’s office.
A public signing of a Solidarity Center memorandum of understanding during the event, which for the first time also included the Kyrgyz Society of the Blind and Deaf, marks the expansion of a disability rights coalition that, through better access to good jobs, seeks better social and professional integration for people with disabilities in Kyrgyzstan.
Oct 7, 2024
World Cotton Day – October 9, 2024: As ubiquitous as cotton is in our everyday lives, the workers who produce and harvest this foundational crop are often invisible. This was long the case in Uzbekistan, where for decades the government forcibly mobilized millions of people, sometimes including children, to harvest cotton for state-owned enterprises. A long-running global advocacy campaign led by the Cotton Campaign, of which Solidarity Center was a founding member, helped push the government to implement reforms that brought that system to an end in 2021.
Ending state-organized forced labor was a major accomplishment, but establishing just and equitable working conditions in the cotton sector is a longer journey. With support from the U.S. Department of Labor, the Solidarity Center is working to put in place building blocks that will allow workers to ensure their rights are protected. The Solidarity Center signed an agreement with the Ministry of Employment and Poverty Reduction of the Republic of Uzbekistan and the project’s co-implementing partner, the Center for International Private Enterprise (CIPE), in December 2022 to begin project work. As the 2023 harvest season gets underway, Solidarity Center and CIPE are working closely with stakeholders in government, civil society and business to work from the field up and from oversight authorities down to build knowledge within the cotton sector about fundamental rights and strengthen mechanisms to ensure those rights are secured.
For the 2023 harvest, this includes:
- In collaboration with the ministry’s labor inspection and legal team, the Solidarity Center and CIPE have prepared and printed more than 10,000 leaflets for distribution to cotton pickers during the ongoing harvest season. These leaflets provide cotton pickers with accessible and comprehensive information about their fundamental rights as seasonal workers under Uzbekistan’s Labor Code. The content covers essential worker protections and includes critical contact information, such as the Labor Inspection hotline and a project-run Telegram channel, where workers can anonymously report violations and seek free legal consultation. The leaflets have been also distributed to groups working in different regions across Uzbekistan to maximize outreach. This initiative plays a crucial role in raising awareness among seasonal workers, ensuring they are informed of their rights and the enforcement mechanisms available to them if their rights are violated. Providing clear and accessible information about legal protections and enforcement channels will be essential to empowering cotton workers to assert their rights, and increased awareness is critical to improving compliance with international labor standards, which is the route to creating a more sustainable and transparent cotton sector.
- The Solidarity Center, in partnership with the Tashkent Mediation Center and the State Labor Inspectorate, successfully conducted a two-day training session October 2–3 in Tashkent aimed at enhancing the capacity of mediators to resolve individual labor disputes. The training, facilitated by a regional expert, introduced participants to mediation as an alternative mechanism for labor dispute resolution. The comprehensive curriculum, a blend of theoretical knowledge and practical exercises, equipped 10 mediators from the Tashkent Mediation Center and Labor Inspection staff with the skills to mediate and effectively resolve individual labor disputes. The head of the Labor Inspectorate emphasized the importance of continued collaboration and capacity building as critical to providing workers in the cotton sector with an effective remedy for labor rights violations.
These harvest-period activities supplement an ongoing rights awareness and education program the Solidarity Center and CIPE are implementing with workers and employers in the cotton sector. A core priority of that program in the coming year will be to ensure that all workers in the cotton sector have a written employment contract with clear, enforceable conditions of work. Employment contracts are vital to healthy labor relations that, unfortunately, are absent in many agricultural supply chains.
Recent reforms in Uzbekistan requiring labor contracts for all workers in cotton production have the potential to help the country distinguish itself as a high-road option for textile sourcing, if those reforms can be implemented and enforced. Developing workplace-level reporting and monitoring systems for workers to verify their rights are being respected, and to seek remedy if they are not, will be an important next step to positioning Uzbekistan as a leader in developing sustainable and just textile supply chains.
Funding is provided by the United States Department of Labor under cooperative agreement number IL-38908-22-75-K, through a sub-award from the Solidarity Center. 100% of the total costs of the project or program is financed with federal funds, for a total of $1,018,814. This material does not necessarily reflect the views or policies of the United States Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the United States Government.
Oct 1, 2024
The Solidarity Center, in collaboration with the Migrant Forum in Asia and Building and Wood Workers’ International, held its first Philippine multi-stakeholder consultation on the Global Compact for Safe, Regular and Orderly Migration (GCM) in preparation for its larger regional counterpart in February next year and its international implementation review in 2026.
The national convention on September 26–27 sought recommendations from migrant advocacy groups, provincial overseas Filipino worker (OFW) associations and federations, public employment service offices from local government units, the Foreign Affairs department, the Migrant Workers department, recruitment agencies and trade unions.
The GCM review process serves as an opportunity for stakeholders to hold the Philippine government accountable for actions relating to labor migration governance and protection of the rights of Filipino migrant workers. The count of OFWs last year jumped to 2.16 million from 1.96 million in 2022, with total remittances at 2.39 billion pesos (approximately $42.4 million), according to the Philippine Statistics Authority.
The engagement included workshops on freedom of association, the care economy and gender, fair and ethical recruitment, access to social protection and justice, and dignified return and sustainable reintegration. A plenary consolidation of recommendations followed, which the Migrant Workers department also noted for its own report to the 2026 GCM review.
Recommendations for labor migration governance pivoted on increased collaboration among all stakeholders, institutionalizing programs at the local level, and a stricter implementation of existing policies.
Rosalina Bayan, organizer at Kanlungan Center Foundation, said, “I hope proper mechanisms can be developed, where the government and civil society organizations collaborate to build trust among migrant workers in seeking help from duty bearers and agencies who are willing and able to help them.”
