A survey of more than 600 workers with disabilities in Nigeria’s formal and informal sectors, conducted by the Trade Union Congress of Nigeria (TUC) Women Commission and the Solidarity Center in collaboration with Nigerian unions and disability rights organizations, finds that most workers with disabilities cannot access decent work as defined by the UN International Labor Organization (ILO).
“It provides evidence for what we have been saying for so long [and is] a powerful tool for advocacy,” says Nigeria disability advocate and FAECARE Foundation Executive Director Ndifreke (Freky) Andrew-Essien.”
“Securing Equal Access to Decent Work in Nigeria: A Report by Workers with Disabilities,” reports quantitative data collected from 322 men and 338 women workers with disabilities across seven geopolitical zones and the Federal Capital Territory in Nigeria, supported by qualitative data collected from union members. The study—for its sample size and breadth, as well as for the collaboration between trade unions and disability rights organizations—is the first of its kind. An estimated 1 billion people experience disability worldwide, the majority in developing countries. According to the World Health Organization’s 2011 World Report on Disability, between 25 million and 27 million people experience a disability in Nigeria, the majority of whom live below the poverty line. Indeed, disability, gender and low socioeconomic status interact to keep people in poverty.
The survey found that, regardless of legislation aimed at addressing diversity in the Nigerian workplace, disabled workers do not experience the same access to employment opportunities as their counterparts without disabilities and often face physical, social, economic and/or environmental barriers to participation.
Findings and Recommendations
Most of the 660 workers surveyed are self-employed and in the informal sector. Almost half of respondents earn less than Nigeria’s minimum wage and say their work environment is not accommodating to their disability. Most (62 percent) cite transportation as the most significant obstacle to accessing work, followed by a lack of disability-friendly facilities (33 percent) and poor communication with or unsupportive co-workers (19 percent). Nearly a quarter of disabled workers say they work more than eight hours without overtime pay. A similar number had experienced gender-based violence or harassment (GBVH) during the previous two years.
Researchers conclude that a variety of actions—by the Nigerian government, employers and unions—could build an inclusive working environment that respects, includes and accommodates disabled workers. This includes the revision of laws to outline reasonable accommodations in employment and the creation of a disability tax fund to provide adequate social security benefits. In addition, unions, along with disabled workers, should work together to demand reasonable accommodations at work and greater accessibility.
The ILO defines decent work as work that is available to all equally, is productive and delivers a fair income and security in the workplace, provides equal access to social protections—such as pensions, and adequate and affordable healthcare—and affords workers freedom to participate equally in decisions affecting their work lives.
To address obstacles preventing elimination of gender-based violence and harassment (GBVH) in the world of work, union women and their allies marked International Women’s Day with a public event advocating for ratification of UN International Labor Organization Convention 190 (C190).
Women in Kyrgyzstan are routinely subjected to various forms of discrimination—including unequal pay and lack of opportunities for career advancement—and harassment that includes sexual harassment, verbal abuse and even mockery, said Textile and Light Industry Trade Union Chairman Almash Zharkynbaeva.
“[GBVH] harms women’s mental health and well-being, leading to long-term emotional and psychological trauma,” says Zharkynbaeva.
The event was convened to recognize publication of a March 2 ratification motion that moved the draft law to parliament and, on March 8 International Women’s Day, opened the draft law to public comment on Kyrgyzstan’s draft law public discussion portal.
Publication of the draft law represents a three-year Solidarity Center campaign to educate government officials, labor inspectors, unions and the public on the use of C190 to end violence and harassment in the world of work. The Solidarity Center secured commitments from trade unions and parliamentarians to support the ratification process, advised on language now included in three union bargaining agreements to protect workers from violence and harassment, and coordinated a sectoral union campaign appealing to the Ministry of Labor for ratification of C190.
The convention is a powerful tool to combat discrimination and harassment in the world of work, says Eldiyar Karachalov, chair of the Republican Committee of the Trade Union of Construction and Building Materials Workers, but significant progress will require unwavering commitment from employers, workers and the government.
C190 was adopted during the ILO’s annual meeting in Geneva in 2019 following a decade-long campaign by women trade unionists and feminist activists, led by the International Trade Union Confederation, the Solidarity Center and other labor allies. Since 2019, 25 countries have ratified the convention, of which ten have begun enforcement.
Hear more about the global campaign to end GBVH in the world of work.
“Recognize our union; negotiate with us!” Pampanga Delivery drivers cried last January 25 during the launch of the Pampanga chapter of the National Union of Delivery Riders (RIDERS). Intending to cover all platform-based delivery drivers from apps like Grab, FoodPanda and Maxim, RIDERS fights for health insurance and income security, among other basic protections.
Mark Larson (left) and Mary Rose (right)
The Solidarity Center spoke to RIDERS organizers Mark Larson and Mary Rose, who were illegally terminated and suspended last December following a labor rally they both attended. They then filed a case with the National Labor Relations Commission (NLRC) and currently await the labor arbiter’s decision.
Greener Pastures in Delivery Work
“When Grab first opened in Pampanga around June 2019, we were only around 20 drivers,” says Larson.
Larson and Rose were among the pioneer Grab delivery drivers in their province. Before joining, Larson had worked as a fast-food delivery driver, and Rose was a migrant worker in Dubai. Both were enticed to join Grab because it held the opportunity of reasonable wages and flexible work hours. Both Larson and Rose are their respective families’ breadwinners, with Rose being a single mother of five and Larson supporting his family of six.
Mark (left) and Rose (right) are with their family. Faces blurred for privacy.
In the Philippines, apps like Grab utilize a cash-on-delivery system that makes delivery drivers like Larson and Rose temporarily pay for their customer’s food order. The customer then pays the delivery drivers back once they receive their order. This opens up the possibility of fake bookings, such as when the customer never claims the food.
Cracks in the System
Emerging from the pandemic, food delivery services became typical for Filipinos. The delivery boom necessitated Grab to add more delivery drivers. Research conducted in 2022 byFairwork Philippines estimates that Grab employs 40,000 delivery drivers. Its competitor, Foodpanda, employs 45,000.
However, increasing delivery drivers meant steeper competition, and fewer bookings meant less income. “Before, working late into the night was a choice. Now it is a necessity,” says Rose. “Despite consistent good performance, it is a game of chance— some accounts have stronger bookings on some days and slower bookings on others,” Larson adds.
The incentive system they used before the pandemic was also adjusted. “They may have raised the incentive amount, but they also raised the number of rides you will need to reach it. In the end, the delivery driver loses,” says Rose.
While delivery drivers in Pampanga have been complaining about these issues, the push for collective action came when Grab informed the delivery drivers that they would implement fare changes. On the day Grab Pampanga implemented the announced fare change, Pampanga delivery drivers were shocked to find fares that went below 38 pesos (about 69 cents).
Grab Pampanga’s Pricing Matrix Provided to GrabFood Delivery Drivers, 2022
Distance
Pax Fare
(old, peso)
Pax Fare
(new, peso)
Dax Fare
(old, peso)
Dax Fare
(new, peso)
0-1.5km
49
28
51+
34+
1.5-3km
49
38
61+
62+
3-5.5km
59
48
95+
73+
5.5km up
79
58
110+
81+
Pax refers to the net income of the delivery driver per transaction. Dax is what the customer will pay. The difference between the two (Dax minus Pax) is what goes to Grab. Example computations change the base rate of around 49 pesos (about 89 cents) to 38 pesos (about 69 cents).
The Breakthrough
Larson remembers the anger and confusion that delivery drivers felt when they saw how little they would make, considering that they needed to spend their money on motorcycle maintenance, gas, mobile data and cellular load, and delivery boxes.
When management informed the delivery drivers of the change in late 2022, it was through a Zoom call where comments were screened and monitored. Grab Pampanga did not seek prior input from delivery drivers. “We also have a Discord channel with the management, but they usually just mute the chat when they don’t want to be bothered,” explains Larson.
He continues, “Delivery drivers within their areas started talking to each other, and agreed to do a motorcade and noise barrage. Almost 600 delivery drivers were a part of that first rally.”
At the time, since Larson was the team leader in his area, his fellow delivery drivers asked him to go to the Grab Pampanga management office to communicate their demands. Weeks of negotiating with management proved to be unfruitful. “They told us it was a system error, but they don’t know when it would be corrected. They said their hands were tied because they didn’t have access to the fare matrix. They only follow what the main office tells them,” Larson says.
At that point, the Pampanga management team regarded Larson as the spokesperson of the delivery drivers, specifically those who had rallied. He was given a warning because he allegedly violated the company’s code of conduct and was called to a meeting. Rose, who was present during the rally, was also issued a warning. During their meeting, management purported that Larson was the leader of the rally, and that Rose was wearing Grab’s uniform during the rally. A second meeting was called, which coincided with a planned labor rally. After attending the second rally, Larson was terminated, while Rose was indefinitely suspended.
Call to Action
“Ultimately, they’re [Grab] the ones who pushed us to unionize,” Rose says. Rose and Larson eventually attended orientation seminars and training on trade unionism and worker rights. Together with other delivery drivers, they formed the Pampanga Chapter of the United Delivery Riders of the Philippines (RIDERS).
“We saw that it was the only way for us to fight for our rights. Because if we do it individually, they will never notice us. They would just terminate us, and we would have a hard time fighting back,” says Larson, “At least now that I have a union to support me, I can fight.”
“The number one reason delivery drivers are scared,” Larson says, “is because they believe that they are not employees of the app.” In the Philippines, no specific labor law has provisions for workers in the gig economy. However, arecent ruling from the Supreme Court established an employer-employee relationship between Lazada, an e-commerce platform and its delivery drivers. Larson and Rose are hopeful that this can be the start of future legislation for delivery drivers.
Larson and Rose’s pending case with the NLRC has yet to be settled. Rose has since been reinstated but continues to fight and organize.
When Rose was asked why she continues to fight, she replied,“When you see your dignity being stepped on, you must stand up for yourself. We don’t have laws for us [delivery drivers]. Unionizing is how not only the company but also the government will notice us.”
Fearing for his life and liberty, pro-democracy activist and Swaziland Transport, Communication and Allied Workers Union (SWATCAWU) General Secretary Sticks Nkambule remains trapped in exile while his union campaigns to bring him home safely.
The murder last month of human and worker rights lawyer and pro-democracy activist Thulani Maseko—whom Nkambule describes as “friend, colleague, personal attorney and man of peace”—demonstrates that Eswatini is unsafe for rights defenders, says Nkambule.
“We are being visited by killing squads,” he says.
While he was out of the country, on December 28, 2022, Nkambule’s home was raided and his family harassed by heavily armed members of the police and military. In January—after police published Nkambule’s name as a wanted person for alleged criminal conduct associated with a SWATCAWU December 13 –14 job “stay away” announcement—Nkambule began receiving reports of dozens of armed state and military members searching for him and other SWATCAWU leaders in multiple locations.
Under such circumstances, Nkambule says his return is impossible and, even in his new location, he cannot live freely for fear of mercenaries.
“The regime is clear to say that certain figures and faces need to go,” says Nkambule, referring to a “list of terrorists” publicly cited by the leader of a South African company that has a contract to train Eswatini security personnel, per news reports.
Eswatini state harassment of unions and other rights defenders is a decades-long pattern which, reports Nkambule, last year included stepped-up police and military harassment of SWATCAWU leadership, and surveillance by unknown persons in unmarked cars. Growing state repression and fear have led many rights defenders to flee, he says—including Swaziland National Association of Teachers (SNAT) President Mbongwa Dlamini, who left the country after state security forces fired live ammunition at his home last year.
Harassment of union leaders ramped up after SWATCAWU began announcing job actions, reports the International Trade Union Confederation (ITUC). The union began a series of “stay aways” last year, says Nkambule, to sidestep the state’s brutal repression of peaceful protests, which in 2021 included police and military members beating rally goers and firing live ammunition into crowds during popular uprisings against the king’s government.
“[The October stay away] worked,” says Nkambule. “When protestors stay in their homes, they don’t get shot.”
However, the threat of a series of transport worker “stay aways”—which brings the economy to a standstill because workers cannot travel to their jobs—presents an unwelcome, and escalating, challenge to the state and employers.
“And that is why I have been singled out,” says Nkambule.
SWATCAWU has been embroiled for almost three years in a lawful and peaceful effort to encourage the state to improve transport workers’ wages and conditions—including a $233 monthly minimum wage, better access to social security and health care, repair of dilapidated roads and an end to police harassment—and to release from prison pro-democracy Eswatini Parliament Members Mduduzi Bacede Mabuza and Mthandeni Dube.
Meanwhile, Africa’s last absolute monarch, King Mswati III, controls all three branches of government, chooses the prime minister, can dissolve Parliament and appoints judges. Under his control, Eswatini has conducted a two-decades-long anti-union and anti-democracy campaign with impunity, reports the ITUC.
Human Rights Watch last month called on the South African government to investigate allegations that South African mercenaries and private military personnel who are allegedly operating in Eswatini are targeting pro-democracy activists. UN and African Union experts condemned Maseko’s murder and demanded an impartial investigation into his death, reiterating UN High Commissioner for Human Rights Volker Türk’s call for the authorities to ensure the safety of all human rights defenders, civil society actors and lawyers in Eswatini.
In the context of shrinking civic space and a global crackdown on human and worker rights, the Solidarity Center continues to support and partner with pro-democracy union activists across the globe, and has long supported beleaguered unions in Eswatini.
Only a worker rights-based approach can ensure that Europe’s growing numbers of teleworkers can fully exercise their fundamental labor rights—including to decent work, which includes safe working conditions—said International Lawyers Assisting Workers Network (ILAW) members Mihail Cebotari, Inna Kudinska, George Sandul and ILAW Europe and Central Asia Regional Coordinator Tamar Gabisonia during the launch of three new ILAW telework reports last week.
The webinar, centered on three new ILAW reports, surveyed the regulatory environment impacting teleworkers in Moldova, Poland and Ukraine. Poorly regulated telework tends to shifts financial and labor rights risks onto workers, who can experience longer work hours and burnout, unsafe working conditions, and constant employer surveillance. Isolation, meanwhile, can increase workers’ vulnerability to exploitation, discrimination, harassment and other abuse, including domestic violence. And, say unions, without proactive measures teleworkers will likely have fewer opportunities to participate in union activities and develop the sense of solidarity that builds and supports collective power.
“ILAW’s research findings allow all of us the opportunity to pursue better protection of teleworkers in our own countries and, through our participation in the network, to work on similar issues collectively,” says Georgian Trade Unions Confederation (GTUC) Deputy Chairman and founding ILAW Board member Raisa Liparteliani.
“Telework is not a separate form of employment relations and, therefore, all workers should enjoy all labor rights equally.”
Due to the COVID-19 pandemic—and, in Europe, the war in Ukraine—the share of the employed population working from home has increased exponentially. The International Labor Organization (ILO) estimates that approximately one in six jobs at the global level, and just over one in four jobs in advanced countries, could be done at home, including telework. By the end of 2022, an estimated 31 percent of all workers worldwide were to be fully remote or hybrid.
Report recommendations include:
In Moldova, to bring national regulations on remote work into line with the European Union Framework Agreement on Telework, ensure that telework is voluntary and reversible, and that teleworkers be adequately protected by effectively enforced health and safety regulations.
In Poland, to prevent the misuse of civil law contracts to deny teleworkers their rights under law, adopt clearer health and safety protections that balance the employer obligation to ensure worker safety with the privacy rights of workers, adopt provisions to address overtime work and ensure the right to disconnect, and institute mechanisms to tackle the systemic discrimination, violence and harassment often directed at remote workers.
In Ukraine, to implement and enforce regulations in conformity with the best European and world legislative practices on telework and remote work—including fully incorporating the principle of voluntariness in remote and home-based work, adequately addressing discrimination and health and safety risks, and protecting workers’ right to privacy.
The new reports are part of an ongoing ILAW research series on telework and worker rights, which includes a regional report on telework in the Americas, along with ten national reports on Brazil, Colombia, Costa Rica, Ecuador, Mexico, Panama, Peru and Uruguay, released in 2022. Research on telework in Mauritius and South Africa is forthcoming this year. The ILAW Network’s Future of Labor Law Wiki also contains model legislative language and analysis of how to regulate telework.
The Solidarity Center’s ILAW Network is a forum for labor and employment law practitioners who grapple with the legal and practical issues that directly affect workers and their organizations.
On Thursday, December 22, the global labor movement lost a giant.
Moussa El Jeries, affectionately known as Abu George, was a Palestinian refugee who was forced to leave his small village Al Bassah in 1948 at the age of 4. He fled with his family to Lebanon and later joined the Palestinian trade union movement in the diaspora. Mirroring the story of so many Palestinian refugees, he moved again with his family in the 1980s before finally settling in Norway with his family—his wife, son and five daughters.
Abu George was a tireless champion of working people around the world and a committed trade unionist. In the 1990s he focused his efforts on encouraging European unions, the International Labor Organization (ILO) and global union federations to support trade union programs aimed at promoting women’s equality and leadership in the labor movement. He also became the global labor movement’s leading voice advocating outreach and support and connection to the Palestinian labor movement in the West Bank and Gaza Strip.
Said Abla Masrujeh, country program director for the Solidarity Center in Palestine and former Palestine General Federation of Trade Unions (PGFTU) activist: “I met Abu George for the first time in 1995 when he visited his homeland for the first time as an ILO Norway staff person and respected Arab leader, to discuss how he could help the women’s movement within the PGFTU. Within a few weeks, he came back with a generous grant that enabled unions to build women’s structures that soon became a model for unions to emulate across the region.”
Abu George worked relentlessly in solidarity with women’s movements and for women’s equality. Among other good works, in 1996 he brought labor leaders from Norway to an important women’s conference in Nablus, Palestine, where nearly 130 women trade unionists from across Palestine gathered to discuss and advance women’s rights in the movement. He was often found in conversations with feminists and women’s rights advocates, listening and learning and helping plan for change, even where it was not “acceptable” for men to do so. Masrujeh recalled this time: “I traveled with him to help sister unions across the Arab world establish women’s committees and departments and advance women’s voices. He was a courageous colleague and a great mentor for many union brothers and sisters, including me. I will always remember him.”
El Jeries struggled with illness in his retirement but never stopped championing the causes of equality, justice and humanity for the Palestinians and for all people. He was known for his wonderful sense of humor and capacity for love, friendship, poetry and storytelling. He leaves behind his wife, children and grandchildren, and thousands upon thousands touched by his leadership and his friendship across the trade union movement. The Solidarity Center joins in commemorating the life and legacy of Moussa El Jeries, Abu George.
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When management informed the delivery drivers of the change in late 2022, it was through a Zoom call where comments were screened and monitored. Grab Pampanga did not seek prior input from delivery drivers. “We also have a Discord channel with the management, but they usually just mute the chat when they don’t want to be bothered,” explains Larson. 
Larson and Rose’s pending case with the NLRC has yet to be settled. Rose has since been reinstated but continues to fight and organize. 
