May 11, 2021
The International Domestic Workers Federation (IDWF) is urging more than 25 Africa-based affiliates to use the results of a new survey documenting the suffering of Africa’s domestic workers and their dependents during the pandemic to lobby their governments for urgent reform. Conducted by domestic workers with 3,419 of their peers in 14 African countries from November 2020 through January 2021, the survey found that only 17 percent of respondents received emergency income, food or other state-provided social support—and that most of that number received such support through another household member because they were not themselves eligible.
“It’s one thing to lose your job, it’s another thing to lose your job in a context where you don’t have access to unemployment benefits, social security or any income support,” says IDWF Lead Research Associate Louisa Acciari and post-doctoral researcher at the Federal University of Rio de Janeiro. “I think this is something where the unions can really campaign at the national level to get more inclusive social protection policies.”
Only 6 percent of those unable to work received employer-provided wages, while almost one-third of survey respondents were laid off—85 percent of whom were the main family breadwinner. They received no severance pay and remained out of work for up to six months. Nearly half of survey respondents suffered income reduction that had a dramatic impact on their household and was exacerbated by rising food and transportation costs.
During a recent event, IDWF leaders urged affiliates to use survey data in national campaigns lobbying their governments for inclusion of domestic workers in unemployment, health insurance, injury and illness compensation, and pension schemes, and for ratification of ILO Conventions ILO Conventions 189 on Domestic Workers and 190 on Violence and Harassment.
“Now we have an additional tool to fight until we get our rights, our social protections. People will remember what we say if they hear us saying [it] with numbers,” said IDWF General Secretary Elizabeth Tang.
More than 25 IDWF affiliates conducted peer-to-peer surveys in English, French, Portuguese and multiple local languages in Burkina Faso, Ethiopia, Guinea, Ivory Coast, Kenya, Malawi, Mozambique Namibia, Senegal, South Africa, Tanzania Togo, Uganda and Zambia.
“Through it all, the IDWF has shown the world that we are united,” said IDWF President and General Secretary of the South African Domestic Service and Allied Workers Union (SADSAWU). “There is much more to be done.”
Based on survey findings, IDWF recommendations include that governments:
- Conduct awareness-raising campaigns regarding occupational health and safety standards, worker rights and employer responsibilities
- Distribute personal protective equipment at key access points such as bus and taxi stands
- Introduce price controls
- Expand income-support measures to domestic workers
- Extend contributory social insurance to domestic workers
- Where absent, introduce contributory unemployment benefits for domestic workers
- Ratify ILO Conventions 189 and 190 and adopt complementary national legislation for implementing an appropriate enforcement framework
- Adopt legislative reforms to ensure effective expansion of social protection to domestic workers.
“The Impact of COVID-19 on Domestic Workers of Africa” survey is part of a global IDWF research project that includes Latin America and the Middle East and North Africa. Around the world, the pandemic has vastly widened gender, racial and economic divisions. CEOs have raked in record profits during the pandemic, and 8 of the 10 wealthiest people in the world have grown billions of dollars richer over the past year. On the other side, domestic workers, agricultural workers, trash collectors, street vendors and a growing number of gig workers employed through app-based services were recognized as essential over the last year and hailed as heroes, yet are among the most economically undervalued and underserved. The COVID-19 crisis cost women around the world at least $800 billion in lost income in 2020, equivalent to more than the combined GDP of 98 countries, said Oxfam last month.
The Solidarity Center partners with the IDWF around the world, supporting domestic workers’ efforts to access their rights. As of April 2021, the IDWF has 81 affiliates from 63 countries.
Apr 14, 2021
Domestic workers are among the most invisible workers in the world—yet in Latin America, they are joining together to champion their rights at their workplace and in their communities, says Adriana Paz Ramirez on this week’s episode of The Solidarity Center Podcast.
Paz, Latin American regional coordinator for the International Domestic Workers Federation (IDWF), says these mostly Black and Indigenous women are breaking decades of intergenerational oppression and trauma, and forging new paths through holistic leadership training, creating community-wide social movements and expanding their strength by connecting with each other.
Within six months of a recent leadership training, for example, 9,000 new members signed up with 26 organizations, Paz tells host Shawna Bader-Blau, Solidarity Center executive director.
“I was so touched by a domestic worker leader who said that I have not been able to give my daughter an inheritance, like money or a house, but I’m giving her this movement. Because this is changing our lives, because this is changing our countries, because this is changing history,” she says.
“That is the significance of getting themselves into a union. If the women at the bottom of the bottom are racing up, all of us are raising up.”
Listen Anytime to The Solidarity Center Podcast
The Solidarity Center Podcast, “Billions of Us, One Just Future,” highlights conversations with workers (and other smart people) worldwide shaping the workplace for the better.
Be sure to catch last week’s episode in which Bader-Blau talks with Francia Blanco, a trans rights activist, domestic worker and union leader in Nicaragua who is working with her union to achieve rights, respect and dignity on the job for all LGBTQ+ workers.
Look for final episode this season on April 21, with International Trade Union Confederation President Ayuba Wabba. He explores the Nigerian labor movement’s response to the COVID-19 crisis and discusses the global labor movement’s plans to build back better for workers around the world
And check out recent episodes:
• LGBTQ+ Domestic Workers Win Rights with Their Union
• Making the Gig Economy Work for Workers
• Winning Rights for Migrant Workers
• Defending Democracy: Workers on the Frontline
• Ending Gender-Based Violence at Work: The Campaign to Ratify ILO C190
This podcast was made possible by the generous support of the American people through the U.S. Agency for International Development (USAID) under Cooperative Agreement No.AID-OAA-L-16-00001 and the opinions expressed herein are those of the participant(s) and do not necessarily reflect the views of USAID/USG.
Apr 7, 2021
As a trans domestic worker from Nicaragua working in Guatemala, Francia Blanco says her experiences with verbal and physical abuse, discrimination, and forced labor conditions led her to take action to build a world where trans domestic workers had rights, respect and dignity on the job. And, back in Nicaragua, that’s exactly what she and her co-workers are doing through SITRADOVTRANS, a union of trans domestic workers that is breaking barriers in the labor movement and beyond.
“We all know that at times, results can be slow to appear but we always are training up more of our members to not only learn more themselves but also find more women in the community who want to be part of this process,” she says.
“And it’s an ongoing process because you know we live in a globalized world and things are always changing so this is not something that can stop, we always have to be moving with it.”
Blanco spoke with Solidarity Center Executive Director Shawna Bader-Blau in this week’s episode of The Solidarity Center Podcast.
Blanco’s union is a member of FETRADOMOV, the federation of domestic workers in Nicaragua.
“For us as a trans union, it is very important to affiliate with unions on the national level. We have more support when we are in greater numbers. And also, we are domestic workers. Most trans women see domestic work as one of the few options they have access to.”
Listen Anytime to The Solidarity Center Podcast!
The Solidarity Center Podcast, “Billions of Us, One Just Future,” highlights conversations with workers (and other smart people) worldwide shaping the workplace for the better.
Look for upcoming episodes, including:
April 14: Adriana Paz, an advocate with the International Domestic Workers Federation who understands firsthand the power of unions in ensuring domestic workers have safe, decent jobs
April 21: International Trade Union Confederation President Ayuba Wabba, who explores the Nigerian labor movement’s response to the COVID crisis on workers and discusses the global labor movement’s plans to build back better for workers around the world
And check out recent episodes:
- Winning Rights for Migrant Workers
- Defending Democracy: Workers on the Frontline
- Ending Gender-Based Violence at Work: The Campaign to Ratify ILO C190
This podcast was made possible by the generous support of the American people through the U.S. Agency for International Development (USAID) under Cooperative Agreement No.AID-OAA-L-16-00001 and the opinions expressed herein are those of the participant(s) and do not necessarily reflect the views of USAID/USG.
Jan 11, 2021
In an historic judgment, the South African Constitutional Court in mid-November recognized that injury and illness arising from work as a domestic worker in a private home is no different to that occurring in other workplaces and equally deserving of compensation. Beyond recognizing occupational hazards in the home, the decision also recognized the broader harm wrought by the invisibility of gendered, racialized work in the privacy of homes in the context of post-colonial and post-apartheid South Africa.
In the case of Mahlangu and Another v Minister of Labor and Others, the South African Domestic Service and Allied Workers Union (SADSAWU), with support from the Solidarity Center, challenged the constitutionality of provisions of the Compensation for Occupational Injury and Illness Act (COIDA), which precludes domestic workers employed in private homes from making claims to the Compensation Fund in cases of illness, injury, disablement or death at work. The Constitutional Court agreed that this exclusion violates rights to social security, equality and dignity, and it made this finding retroactively applicable from 1994, the date the South African constitution was enacted. In so doing, the court articulated a theory of intersectional discrimination and moved forward its own jurisprudence on indirect discrimination, infusing the right to social security, dignity and retrospective application with an intersectional analysis. It also reframed the narrative on domestic workers: no longer invisible but “unsung heroines in this country and globally”(paragraph 1).
The judgment gives a central role to international law, and establishes that “in assessing discrimination against a group or class of women of this magnitude that a broad national and international approach be adopted in the discourse affecting domestic workers“(Paragraph 42). It continues that, under international law conventions, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the exclusion of domestic workers from COIDA is inexplicable.
The court found that COIDA is a form of social security because the inability to work or the loss of a breadwinner’s support as a result of the COIDA exclusion, traps domestic workers and their dependents in cycles of poverty. According to the court this exclusion is unreasonable because it did not take into account the needs of the most vulnerable members of society, particularly those who experience compounded vulnerabilities arising from intersecting maltreatment based on race, sex, gender and/or class. It concludes that there is no legitimate objective to the exclusion, rather it entrenches patterns of disadvantage.
This case could be easily disposed on grounds of direct discrimination, since the majority found the exclusion irrational and arbitrary, and therefore constitutionally invalid. However, the case provided the court with a unique opportunity to interpret constitutional provisions on indirect discrimination, using an intersectional framework: Domestic workers “are predominantly Black women … and discrimination against them constitutes indirect discrimination on the basis of race, sex and gender” (paragraph 75). It goes on to find that discrimination on the grounds of race, gender and sex are not only presumptively unfair “but the level of discrimination is aggravated”(paragraph 73).
The court took the opportunity to enunciate a theory of intersectionality, which considers the social structures that shape the experience of marginalization, and the convergence of sexism, racism and class stratification. Viewed historically, the racial hierarchy established by apartheid, placed Black women at the bottom of the social hierarchy and relegated them to low-skilled and low-paid sectors of the workforce, such as domestic work. This sector was and is predominated by Black women and remains the third largest employer of women in South Africa. Yet it continues to be characterized by poverty-level salaries and poor living conditions, in which domestic workers are deprived of their own family while caring for that of their employers. As a result, the court found that domestic workers are a “critically vulnerable group of workers,” declaring the COIDA exclusion invalid both at an individual and group level (paragraph 106).
Background
The case centers on Maria Mahlangu, who was employed as a domestic worker in a private house for 22 years. According to her family, she was partially blind and could not swim. In March 2012 while at work, she fell into her employer’s swimming pool and drowned. When Mahlangu’s dependent daughter approached the Department of Labor for compensation, she was told that she was precluded from doing so under COIDA. Then SADSAWU organizer Pinky Mashiane read about the incident in a newspaper and approached the family to see how she could assist.
In 2013, the Solidarity Center embarked on a research project under a USAID grant to examine domestic workers’ socioeconomic rights in South Africa, which culminated in a list of domestic worker issues requiring urgent law reform. At the top of this list was inclusion of domestic workers in COIDA. Indeed, the issue had been on the agenda since 2001, without legislative reform being passed.
At the same time the Solidarity Center was looking for a litigant to challenge COIDA’s constitutionality. Pinky Mashiane—after having been turned down by multiple lawyers and law centers—was looking for a remedy to assist Mahlangu’s family. The Solidarity Center approached lawyers in South Africa as well as SADSAWU leadership with the proposal to litigate this case in constitutional terms, with financial support. Beginning in 2015, the case wound its way through the South African court system, litigated before the Constitutional Court by lawyers from the Social and Economic Rights Institute (SERI).
The case benefited from sustained advocacy at global and local levels. In 2019 , the Solidarity Center and partners brought the issue of domestic workers’ exclusion from COIDA before the United Nations Committee on Economic, Social and Cultural Rights, which was considering South Africa’s compliance with treaty obligations. In its concluding observations, cited in the Constitutional Court’s decision, the Committee recommended that South Africa include domestic workers in COIDA. Similarly, in the early stages of litigation, the amicus, the Gender Commission of South Africa, expressed frustration at the almost complete absence of information on the types of injuries and illnesses arising in the context of domestic work in private homes. To fill this vacuum, Solidarity Center commissioned qualitative research consisting of in-depth interviews with domestic workers around the country, describing the types of injury and illness occurring in the context of the home. After the COVID-19 pandemic broke out, which had severe consequences for domestic workers, domestic worker unions and partners also put together a petition to try and propel the legislature to include domestic workers in COIDA. Most significantly, at each of the numerous court hearings, the domestic worker unions and groups maintained a constant presence at the court, and in the media, insisting that the death of Maria Mahlangu not be in vain.
Far-Reaching Impact
When Solidarity Center initially proposed constitutional impact litigation on COIDA, it was with the hope that a successful outcome in this case would serve three purposes: obtain much-needed relief for domestic workers who were outside of COIDA’s purview; strengthen domestic worker unions; and create an important precedent that would lay the foundation for jurisprudence on domestic workers that could serve as a global marker.
The Mahlangu decision will clearly achieve the first as it removes the legal obstacle to domestic workers claiming compensation, with immediate and retrospective effect. Meanwhile, the long road to Mahlangu has also strengthened a growing coalition of unions and NGOs that have articulated their claims effectively in all forms of media. The fact that after 26 years of democracy, Mahlangu is the first case brought by the domestic worker union to the apex court of South Africa and guardian of constitutional values is a significant milestone.
Yet, perhaps the greatest import of Mahlangu might lie both in its precedent and in the paradigm it establishes to conceptualize domestic work. Using international human rights norms as a reference point, the court sets up an approach on domestic workers as a category, which stands to benefit domestic workers in South Africa and beyond. It also reasserts the goals of transformative constitutionalism as “undoing gendered and racialized poverty” and insists that an intersectional and historic lens is essential to the achievement of structural and systematic transformation. Indeed, the adoption of a historical lens allows the Court to reframe the narrative of domestic workers and their place in South Africa’s constitutional democracy: no longer powerless and invisible, but foundational toSouth Africa’s constitutional project. This reframing is captured eloquently in the concurring judgment of Justice Mhlantla who asserts that these Black women are smart, creative and survivors; who frequently work in environments that are emotionally and physically challenging, and which carry vestiges of South Africa’s colonial and apartheid past. She concludes: “On the contrary, they have a voice,” and according to Justice Mhlanthla J (paragraph 195) as well as the substance of majority judgment, the Constitutional Court is “listening.”
Jul 24, 2020
Neha Misra, senior migration specialist for the Solidarity Center, said lack of freedom of association for migrant workers is leading to wage theft.