Domestic Workers ‘Level Up Their Dignity’: Advancing Rights for Care Workers

Domestic Workers ‘Level Up Their Dignity’: Advancing Rights for Care Workers

On June 16 International Domestic Workers Day, the Solidarity Center salutes women union leaders around the world who are urging governments and employers to recognize care as a public good and a human right, and to provide care workers, including migrant workers, with the same basic rights available to other workers—including weekly days off, limits to hours of work, minimum wage coverage, overtime compensation and clear information on the terms and conditions of employment. 

“Domestic workers are vital in the care economy, providing crucial support to families and communities. They deserve fair treatment, including fair pay, safe working conditions and benefits. Recognizing and valuing their work is essential for creating a more equitable society,” says Conchita “Suzanne” Baldago, founding chairperson of Sandigan Bahrain, a multinational, multi-sectoral organization representing Bahrain’s migrant workers.

With International Labor Organization (ILO) Conventions 149, 156, 189 and 190 providing a normative framework for governments and employers, women workers at the ILO are urging a holistic framework to implement rights outlined by these conventions and affirm care worker rights. 

With global labor partners the International Domestic Workers Federation (IDWF) and the International Trade Union Confederation (ITUC), the Solidarity Center assisted partner domestic worker and other care economy unions and associations with preparations for the ILO’s 112th Session of the International Labor Conference (ILC). Activities included in-person discussions to survey care and domestic workers around the world regarding the development and enforcement of a new care work definition that correctly includes domestic workers as care workers

An in-person workshop surveying Gulf region domestic worker associations affiliated with Solidarity Center partner Integrated Community Center (ICC) found that although care workers, most of whom in the Gulf are migrant workers, benefit from some legal provisions—such as in Bahrain and Kuwait, from fixed contracts, paid leave and health insurance—the kafala system systematically interferes to drag back any formal economic conditions. The Integrated Community Center (ICC) includes 14 Kuwait-based migrant worker associations and many more affiliate associations across MENA, Africa and Asia. Migrant workers account for an average of 70 percent of the employed population in the Gulf Cooperation Council (GCC) and more than 95 percent of private sector workers in Qatar and the United Arab Emirates.

“We need changes in domestic workers’ situations to level up their dignity,” says Sandigan Kuwait Domestic Workers Association community leader Jinki Escuadro about her participation in the ICC’s in-person survey.

The ICC is reporting that labor and domestic work laws in the Gulf are inadequate, including Kuwait’s Domestic Worker Law (2015) and Bahrain’s Private Sector Labor Law (2012)—in no small part due to lack of enforcement. 

Under the kafala system, employers in the region—including household heads, governments and private business owners—continue illegal practices such as confiscating and withholding migrant care workers’ passports, engaging in wage theft and enforcing non-contractual working hours, among other practices. The kafala, an employer-driven sponsorship system in Arabian Gulf countries, ties migrant workers to their employers, effectively denying migrant workers fundamental rights and fueling abuse. 

The Gulf is routinely at the center of controversy regarding migrant domestic worker complaints of physical, mental and sexual abuse. Estimates by the International Trade Union Confederation indicate that more than 2.1 million women employed in households across the region are at risk of exploitation. Despite recent reforms, two-thirds of Kuwait’s population is comprised of migrant workers who remain vulnerable to abuse that includes physical and sexual violence, reports Human Rights Watch. 

ILO Convention 189 established the first global standards for domestic workers more than a decade ago to protect the 75.6 million domestic workers around the world, most of whom are women, many of whom are migrants and children. But there is still much work to be done, say unions, including recognition of the care work performed by domestic workers as one of the cornerstones of the construction of fair, inclusive and resilient societies based on gender equity and decent work. 

Carmen Britez, president of the IDWF, the first and only global union federation founded and led by women of color from the Global South

“To the workers: keep fighting, keep advocating for the recognition of our rights as domestic workers,’ said Carmen Britez, president of the IDWF, the first and only global union federation founded and led by women of color from the Global South. Credit: Solidarity Center / Alexis de Simone

Carmen Britez, president of the IDWF,  the first and only global union federation founded and led by women of color from the Global South, issued a message to the workers, governments and employers at the ILC: “To the workers: keep fighting, keep advocating for the recognition of our rights as domestic workers.  To the governments: you have responsibilities to uphold to workers and to our societies, to domestic workers, because we have been fighting for our labor rights over many years. And to the employers I say, at a minimum, have a little bit of heart, think about where you come from. Who is taking care of your children? Who is taking care of your grandparents? And where do you come from? From a woman! So take note of this, be sensitized to it, open your hearts and look at us as we are: workers!”

Solidarity Center Americas Regional Program Deputy Director Alexis De Simone says, “Marginalization of poor women workers–especially women of color and migrant workers–is not an accident. It is a deliberately built power structure. And because it was deliberately built by people, it can be deliberately dismantled by people.”

The ILO estimates that by 2030, almost 2 billion children under the age of 15 and 200 million older persons will need care, representing a combined increase over less than a decade of 200 million people who need care. At least 756 million people globally—75 percent of whom are women—are paid domestic care workers who provide direct and indirect care services in a private household. Even considering only those employed directly by households, domestic workers account for 25 percent of all care workers, making up 89 percent of paid home health care workers and 94 percent of paid child care workers.  

Kenya, Kuwait Unions Sign Migrant Workers’ Agreement

Kenya, Kuwait Unions Sign Migrant Workers’ Agreement

The Central Organization of Trade Unions-Kenya (COTU-K) and the Kuwait Trade Union Federation (KTUF) signed a cooperative agreement last week in Kuwait City, formalizing the federations’ effort to jointly address issues affecting workers who migrate from Kenya to Kuwait for employment.

“It is crucial to bring together unions from countries on both ends of the migration spectrum to promote a deeper understanding of the challenges workers face along their journey and into the workplace,” said Solidarity Center Director of Middle East and North Africa Programs Hind Cherrouk. “This agreement, which affirms the rights of migrant workers from Kenya in Kuwait, is an important step forward in that regard.”

Millions of migrant workers are trapped in conditions of forced labor and human trafficking around the world, in part as a result of being lied to by labor brokers about the wages and working conditions they should expect. Of the estimated 150 million migrant workers globally, some 67 million labor as domestic workers—83 percent of whom are women—often in isolation and at risk of exploitation and abuse.

The majority of some 34 million Africans are migrants move across borders in search of decent work—jobs that pay a living wage, offer safe working conditions and fair treatment. Often they find employers who seek to exploit them—refusing to pay their wages, forcing them to work long hours for little or no pay, and even physically abusing them. Kenyan women signing on for domestic work in Saudi Arabia, for example, were told they would receive 23,000 Kenya shillings ($221) a month, only to find upon their arrival that the pay was significantly less and the working and living conditions inhumane. Through the Kenya Union of Domestic, Hotel, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA), COTU-K is supporting a multi-year effort to protect domestic workers migrating from the coastal area surrounding the city of Mombasa to homes in the Middle East.

Unions around the globe are increasingly taking joint action to create community and workplace-based safe migration and counter-trafficking strategies that emphasize prevention, protection and the rule of law. KTUF spearheaded a groundbreaking 2015 domestic worker law that granted enforceable legal rights to 660,000 mostly migrant workers from Asia and Africa working in Kuwait as domestic workers, nannies, cooks and drivers, and urged further protection for migrant workers in Kuwait and other Gulf countries. That same year, unions in Asia and the Gulf signed a landmark memorandum of understanding (MOU) that promoted and outlined steps for coordination among unions in organizing and supporting migrant workers in those regions. The Solidarity Center and its partners in the Americas in 2017 crafted a worker rights agenda for inclusion in the United Nations Global Compact on Safe, Regular and Orderly Migration.

“There is a potentially powerful role for union-to-union, cross-national and, in this case, cross-regional solidarity in protecting the dignity of migrant workers traveling from Africa to the Middle East. The Solidarity Center is proud to be a partner in this process and trade union-centered approach between the trade union movements of Kuwait and Kenya,” said Solidarity Center Director of Africa Programs, Hanad Mohamud.

Pin It on Pinterest