Labor Lawyers Strategize at ILAW’s Third Global Conference

Labor Lawyers Strategize at ILAW’s Third Global Conference

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.

Nigeria: Amplifying the Silence and Fight Against GBVH in the Workplace

Nigeria: Amplifying the Silence and Fight Against GBVH in the Workplace

Gender-based violence and Harassment (GBVH) is a pervasive issue in Nigeria, affecting individuals across various sectors and walks of life. It encompasses a range of harmful behaviors directed at individuals based on their gender, including physical violence, sexual harassment, psychological abuse, and economic exploitation. Legal frameworks and policies aimed at addressing GBVH remain weak, and cultural beliefs still reinforce the culture of silence and stigma.

Efforts to combat GBVH in Nigeria have gained momentum in recent years, with increased advocacy, awareness campaigns, and support services for survivors. Initiatives like “Mista Silas: A Tale of Unheard Voices” play a crucial role in this fight by using art to amplify the voices of those affected and raise awareness of the issue and its impacts.

Scenes from the play “Mista Silas: A Tale of Unheard Voices ” from the performance. Credit: Maigemu Studios/Solidarity Center

“Mista Silas” is a compelling stage play that explores the profound and often overlooked impact of GBVH in the workplace. It shines a spotlight on the prevalence and effects of discrimination and GBVH, brings to life the stories of those who have faced such challenges and gives voice to their struggles and resilience.

A scene from the performance of the play "Mista Silas: A Tale of Unheard

The event commenced with a panel discussion with union leaders from Nigeria’s two labor centers, the Nigeria Labor Congress (NLC) and the Trade Union Congress (TUC), with Solidarity Center Country Coordinator Chris Adebayo. The panel session titled, “The Impact of Gender-Based Violence and Harassment in the Workplace” provided a platform for deeper exploration of the theme presented in the play. 

“We have a lot of laws in place in Nigeria, but implementation is close to zero,” said NTUC Women’s Commission President Hafsat Shuaib. “But right now, we have [ILO Convention]190, which is really at the forefront for everybody. Together, we can put it into action. Eliminating gender-based violence and harassment is everybody’s business, and so we must all come together and fight against it. All hands must be on deck.”

From left: Chris Adebayo, Country Coordinator, Solidarity Center; Comrade Hafsat Shaibu, NTUC Women’s Commission President.

“Gender-based violence and harassment is criminal. It is a crime against the individual, it is a crime against humanity, and it is a crime against God. We are valued as human beings, as individuals. We work to earn a living, and earning a living does not include [access to] our bodies,” said Rita Goyit, head of the Women and Youth Empowerment Department for the NLC.

Left to right: Comrade Rita Goyit, head of the Women and Youth Empowerment Department for the NLC; Ms. Toyin Falaiye, global labor lawyers’ network ILAW.

After the panel session, the play set the stage for a narrative exploring the toxic nature of abuse of power that fuels GBVH in the world of work by introducing Mista Silas, a perpetrator of GBVH, in his office. With an air of entitlement, he disregards women’s autonomy, seeing them merely as objects for male pleasure. 

As the story unfolds, it highlights the insidious nature of GBVH and the attitudes that perpetuates it. Mista Silas’s words and actions exact an emotional and psychological toll on his victims, confronting the audience with the harsh realities many women face in the workplace.

The women experience harrowing harassment and retaliation for refusing Mista Silas’s advances, portraying survivors’ trauma and resistance. Their synchronized movements and harmonized voices evoke the solidarity and strength found in shared experiences and illustrate the widespread impact of GBVH and the courage required to stand against it.

By understanding the experiences of those affected by GBVH in the workplace, we can raise awareness and cultivate empathy and a more profound commitment to fostering safe and respectful workplaces.

The play is a call to action. It underscores the importance of implementing effective policies and support systems to protect and empower all workers. Workplaces must collectively strive to create environments where everyone feels valued, respected and safe.

The audience responded to the performance with a standing ovation. Some wiped away tears, while others expressed gratitude and requested additional information from the Solidarity Center. Audible murmurs and gasps of shock and empathy were heard throughout the performance, especially during scenes depicting abusive experiences. The play’s power to elicit such emotional reactions highlights the effectiveness of storytelling and the personalization of the issue of gender-based violence and harassment. 

From left: Sophie Hart, MEL, USDOL, and Marie Ledan, Grant Officer’s Representative, USDOL, giving special remarks.

In their closing remarks, Sophie Hart and Marie Ledan, representatives from the U.S. Department of Labor, reiterated the importance of addressing gender-based violence and harassment in the world of work and thanked the Solidarity Center for using the arts and storytelling to raise awareness of the issue.

Watch highlights.

STATEMENT: SOLIDARITY CENTER CONDEMNS ATTACK ON KENYAN LABOR LEADER DR. DAVJI BHIMJI ATELLAH

STATEMENT: SOLIDARITY CENTER CONDEMNS ATTACK ON KENYAN LABOR LEADER DR. DAVJI BHIMJI ATELLAH

Yesterday, Dr. Davji Bhimji Attellah, the General Secretary of the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), was reportedly attacked by police while leading a lawful demonstration in protest of the delayed posting of over 1,000 medical interns critical to addressing the nationwide shortage of healthcare providers. Additional protesters were seriously injured when the police fired teargas canisters at the assembled protesters, causing a stampede.

Solidarity Center Executive Director Shawna Bader-Blau offered this statement:

“The Solidarity Center stands with our partners in the Kenya Medical Practitioners, Pharmacists, and Dentists Union in strongly condemning excessive and unnecessary force by police on KMPDU Secretary General Dr. Davji Attellah. We must stand firm in our defense of the rights of all workers to peacefully assemble, express their concerns, and engage in protest without fear of this kind of violence and retaliation. 

This effort to intimidate and retaliate against workers and their elected leaders must be called out for what it is: a violation of fundamental human rights that are guaranteed by international law and by the Kenyan constitution. Our thoughts are with Dr. Attellah, the other injured protesters and the KMPDU and as we call for those responsible for this attack to be held accountable and brought to justice for their actions.”

M-POWER SUMMIT: Program to End Violence, Harassment Changing the Dynamic in Lesotho

M-POWER SUMMIT: Program to End Violence, Harassment Changing the Dynamic in Lesotho

Solidarity Center
Solidarity Center
M-POWER SUMMIT: Program to End Violence, Harassment Changing the Dynamic in Lesotho
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An unprecedented, binding, worker-centered program designed to comprehensively address rampant gender-based violence and harassment in several garment factories in Lesotho is succeeding in creating a safe and dignified workplace in Lesotho, attendees of a high-level summit in the southern African country were told last week.

The July 27 summit, “Eradicating Gender-Based Violence and Harassment at Work in Southern Africa,” brought together government, labor and business leaders in Maseru, Lesotho’s capital, to highlight advances in ensuring worker rights and civil-society participation—including the program that arose from groundbreaking, anti-GVBH agreements negotiated collaboratively by local unions and women’s rights groups, multinational brands sourcing from Lesotho, international worker rights groups and a Taiwanese factory group producing clothing for Western markets. The event was co-hosted by the Multilateral Partnership for Organizing, Worker Empowerment and Rights (M-POWER), the Lesotho Federation of Trade Unions and Lesotho Labor Council, and was supported by the Solidarity Center.

“I experienced so much harassment at the factory before the program at Nien Hsing was established,” said garment worker Popoti Ntebe. “Because of the high level of unemployment in our country, workers tend to be harassed because of poverty.”

Before the program launched in 2020, Ntebe said a variety of behaviors by supervisors and managers were common, including bullying, verbal and physical abuse, and sexual harassment. The desperation to have a paying job made workers vulnerable to situations where supervisors would demand sex for letting workers past the factory gate, granting overtime work or not terminating a work contract. 

“After you were hired, you were given a 3-month contract. Supervisors threaten to terminate the contract if we don’t agree to have sex with them. And workers desperate for work agree,” she said.

However, since the program of education and awareness raising for workers and managers, “the rate of GBVH has really decreased. This program is so beneficial to workers,” she said.

The program has educated thousands of workers and managers about GBVH and worker rights at Nien Hsing factories in the country. It is the first attempt to end GBVH at work that is binding on the factory to implement the program; enforceable through the economic power of U.S. brands; and grounded in ILO Convention 190 on violence and harassment. And, in another milestone, it established an independent organization, Workers’ Rights Watch, to investigate allegations of violence and harassment, and remediate violations–with workers able to report issues to a newly established toll-free information line.  

Other speakers on the panel, “How Workers and Companies are Addressing Gender-Based Violence and Harassment in a Global Supply Chain: Focus on the Lesotho Agreements,” were: Jeffrey Hogue, chief sustainability officer, Levi Strauss & Co. (by video); Samuel Mokhele, secretary general, National Clothing Textile and Allied Workers Union (NACTWU); Matsie Moalosi, education and awareness raising facilitator, NACTWU; Itumeleng Moerane, information line manager, Federation of Women Lawyers Lesotho (FIDA); Motseoa Senyane, lead assessor, Workers’ Rights Watch;  and Leeto Makoro, shop steward, Independent Democratic Union of Lesotho (IDUL). Thusoana Ntlama, programs coordinator of FIDA Lesotho, moderated the panel.

Samuel Mokhele emphasized the importance of collaboration in addressing GBVH in Lesotho’s garment factories. “We came together with international organizations we are working with, namely the Solidarity Center, then we asked what we can do to eliminate the challenges that workers are facing at work,” he said. “We learned from other countries what kind of models they had and how we could domesticate that into our country.

“This is where all of us came up with the agreement to have a program on gender-based violence and harassment,” Mokhele added. 

Speaking on behalf of educators and facilitators, Matsie Moalosi stressed the importance of addressing the root causes of GBVH and collaboration across cultures in addressing GBVH. “There are root causes to GBVH. So we have to remove them: the abuse of power, disrespect of women’s rights and gender equity. We are from different cultures. So we have to know about gender and how it’s diverse in order to accommodate LGBTQIA+ because they are people who are most vulnerable in the workplace,” Moalosi said.

Itumeleng Moerane and Motseoa Senyane emphasized the importance of the principle of confidentiality throughout the process of gathering workers’ reports of GBVH through the information line, then investigating and making determinations on remedies for valid cases, with the express consent of workers. 

To date, Senyane said, Workers’ Rights Watch has issued 108 determinations, and five cases are currently under investigation. 

But, more importantly, she said, “This program puts justice in the hands of workers.”

The program’s power to right injustices has elicited calls from workers in other factories and organizations, panelists said. Currently, the work is limited to factories owned by Nien Hsing, a signatory to the agreements. However, the need is great. 

“Some of our (union) members are interested in the program but it’s only at Nien Hsing, as a pilot. It would be helpful to extend it to other factories,” said Mokhele.

M-POWER is a historic global initiative focused on ensuring working families thrive in the global economy and elevating the role of trade unions and organized workers as essential to advancing democracy. The government of the United States and the International Trade Union Confederation (ITUC) co-chair M-POWER, joined by steering committee members: the governments of Argentina, Canada and Spain; the International Domestic Worker Federation; the Congress of South African Trade Unions (COSATU); the AFL-CIO; and Funders Organized for Rights in the Global Economy (FORGE). Additional partners include the governments of Germany and South Africa, Business and Human Rights Resource Centre, Global Labor Justice-International Labor Rights Forum, ProDESC, Solidarity Center and Worker Rights Consortium.

Event partners for this M-POWER summit were: the Congress of South African Trade Unions; Federation of Women Lawyers Lesotho; Independent Democratic Union of Lesotho; International Domestic Workers Federation; International Trade Union Confederation-Africa; International Trade Union Confederation; National Clothing, Textile and Allied Workers Union; Southern Africa Trade Union Coordination Council; United Textile Employees, Lesotho; Women and Law in Southern Africa Research and Education Trust; Worker Rights Consortium and Workers’ Rights Watch.

View a photo essay covering the summit in full.

Experts: Domestic Violence a Societal Hazard for Informal Workers

Experts: Domestic Violence a Societal Hazard for Informal Workers

Informal workers are routinely excluded from economic and political decision-making, and their work is systematically devalued and made invisible. The COVID-19 pandemic has only intensified these dynamics and has resulted in skyrocketing rates of domestic violence, bringing a renewed urgency to address poverty, exclusion and precarious work.

Labor leaders, organizers and advocates from around the world gathered on December 2 for a virtual panel discussion of the impact of gender-based violence and harassment (GVBH) on workers in the informal economy. The discussion was sponsored by the Global 16 Days Campaign (coordinated by Center for Women’s Global Leadership), Global Alliance of Wastepickers, HomeNet International, International Domestic Workers Federation (IDWF), International Trade Union Confederation (ITUC), International Transport Workers’ Federation (ITF), Solidarity Center, StreetNet International and Women in Informal Employment: Globalizing and Organizing (WIEGO).

Robin Runge, Solidarity Center Equality and Inclusion Department co-director, moderated the panel, which included: Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO); Carmen Britez, vice president, International Domestic Workers Federation (IDWF); Janhavi Dave, international coordinator, HomeNet International; Sonia George, general secretary, Self Employed Women’s Association (SEWA) and a SEWA homeworker; and Saraswati Rijal, central committee member, Independent Transport Workers Association of Nepal (ITWAN).

Chidi Kingl ILO

Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO)

Chidi King framed the discussion, citing the themes and issues to be addressed. “As we all know, violence and harassment in the world of work is a manifestation of the societal issue that has deep roots in the continued tolerance of violence and harassment,” King said, “particularly towards women and population groups that too often find themselves on the margins of society.”

Women workers, who make up the majority of informal economy workers in many countries, are disproportionately affected. “Violence and harassment have deep roots in social norms and stereotypes,” King said, “especially around the roles assigned to men and women.

“And as a connection to inequality and discrimination suggests,” King added, “violence and harassment is also deeply rooted in unequal power relations, and the abuse thereof, in our societies, as in the world of work.” Thus workers play an important role in addressing and remedying violence and harassment, including addressing the impacts of domestic violence in the world of work.

ILO Convention 190 (C190) protects all workers and recognizes that for many the workplace is not an office or factory setting, but can be a public space or private. C190 protects informal economy workers, who work in their own homes or the homes of others, and recognizes the impact of domestic violence in their workplaces.

However, many countries’ laws do not recognize homes as workplaces, leaving many workers in the informal economy lacking protection against violence and harassment and without access to social safety nets. During the COVID-19 pandemic, informal workers have experienced high rates of domestic violence and difficulty accessing social support services that have been put on hold.

Saraswati Rijal spoke about working with women tuk-tuk drivers in Nepal to build support for women workers during the pandemic and supporting victims of domestic violence. COVID-19 has only made conditions worse, as women workers are forced to choose between their and their families’ health or earning an income and risking being subjected to unnecessary hazards.

Workers in the informal sector “do not have any economic security,” Rijal said. “And moreover, due to COVID-19, they are deprived of their daily wages, and they are also unable to earn their living and sustain their livelihood.”

Carmen Britez spoke of IDWF’s work with the Ministry of Labor in Argentina to develop exclusive protection for domestic workers around domestic violence. Domestic workers suffer not just from not having registered employment, but from also having no protection against violence. Britez said that lockdowns during the COVID-19 pandemic have forced many domestic workers to be shut in with their abusers.

Argentina ratified C190 in November 2020. Britez emphasized C190’s role as a tool to push for national legislation: “We were pushing for this convention so that it could become another tool in changing national law. If we have laws that protect us around violence, we want something that would not only include specific sectors but all sectors at a national level. Because that’s really important for us as women workers.”

“It’s also important to say this is not just an issue facing women. “We do account for the majority of those who are suffering from this kind of violence,” Britez added. “But it also is important for us to let our [union] leadership, who are often men, to let them know that it’s also their responsibility to push for a national law on this topic.”

To underscore the urgency of the issue, Britez shared that during her remarks her center received news of a woman whose employer broke her wrist.

Janhavi Dave spoke of the scale of the problem of domestic violence and its impact on women workers.  “According to one of the recent ILO studies, there are over 260 million home-based workers, which is around 8 percent of global employment. This was prior to the pandemic, and this number has only increased,” Dave said.  “According to the same study, 56 percent of home-based workers are women. So we’re actually talking about a huge section of women workers.”

HomeNet South Asia, a regional organization, conducted a study on the impact of domestic violence on home-based workers in Nepal, and is conducting similar studies in Bangladesh, India and Pakistan. “One of the key findings was that home-based workers faced rampant domestic violence,” Dave said, “which has a direct impact not only on physical and emotional health but also on productivity.”

Sonia George, general secretary, Self Employed Women's Association (SEWA)

Sonia George, general secretary, Self Employed Women’s Association (SEWA)

SEWA’s Sonia George introduced a traditional bamboo worker, who shared her experience as the sole earner for her family, which included her husband and their two children. Her husband, she said, was supportive in the beginning of the marriage, but became physically violent after he was out of work. Sibimol was forced to leave her traditional job and go to work in a latex factory in order to earn a livelihood and escape domestic violence at home.

“This is the experience of most of the women in India,” George said after Sibimol shared her story. “We know that most of these women have experienced domestic violence. One of the statistics states that during the time of COVID, domestic violence has increased 2.5 times. That means women in India are suffering that much more violence.”

Lorraine Sibanda shared how COVID-19 also worsened conditions for women workers in Zimbabwe. “The pandemic exposed adverse challenges for women,” Sibanda said, “because they are performing unpaid care work, domestic care work, on top of providing for their families.” Measures to control the spread of COVID-19 compromised livelihoods and increased economic strain on families supported by the informal economy.

Lockdowns and restrictions also increased rates of domestic violence. “It meant that women and girls were locked down in their homes,” Sibanda said. “They were forced to spend time enclosed with families, and possibly many were trapped at home with their abusers.”

Married and partnered women also faced physical violence from husbands and male partners for refusing to hand over their earnings. “They would be abused physically because they refused to hand over money, which they’ve been working for, to their partners, so that their partners could either go for a drink or use that money,” Sibanda said.  She also suggested that Zimbabwe had seen an increase in child marriage. ”There was this rampant trait of people marrying off children in order to gain economically.

“All in all, the pandemic amplified the vulnerability of women and girls,” Sibanda concluded.

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