Millions of workers still face widespread discrimination in employment and at the workplace—even though 65 years ago, 175 countries adopted an international convention seeking equality of opportunity and treatment.
“We still find that employers find very clever ways in which to create vulnerability in the workplace,” said Nomzama Zondo, executive director of the Socio-Economic Rights Institute of South Africa, speaking this week at a panel in South Africa.
The panel in South Africa follows an initial launch in spring, and is among several planned this year in countries highlighted by the report, including Colombia, Brazil, the United Kingdom and India.
“A Promise Not Realised” first looks at conventions countries have adopted, such as the 1958 International Labor Organization (ILO) Convention 111 Discrimination in Respect of Employment and Occupation or Discrimination which creates a legal obligation on countries to prohibit and remedy discrimination at work.
Ultimately, the report identifies the means by which countries can create enabling environments to effectively prevent workplace discrimination and provide labor justice when it occurs.
Discrimination Widespread in Informal Economy
The report also specifically addresses non-discrimination in the informal economy, recognizing that those working informally lack recourse to justice and remedy.
“There is an inherently discriminatory dynamic between those within and without the formal employment sector,” says Jim Fitzgerald, ERT director, overviewing the report in the initial webinar earlier this year.
Panelists said the research confirms that informal economy workers are more likely to experience discrimination and mistreatment because of a lack of recourse to justice and remedy.
Ensuring non-discrimination in the informal economy is key: Some 2 billion people rely on informal work as a source of income, according to the ILO.
Many informal workers also are migrant workers. As in the majority of countries in the report, some South African respondents noted that their legal status means migrant workers may be disproportionately concentrated in particular forms of work and experience unique challenges in these areas.
As Fitzgerald said: “International law does not simply require states to prohibit discrimination. It requires states to eliminate discrimination through ‘all appropriate means.’ “
Platform workers are a growing group of informal sector workers globally, including in South Africa, where Omar Parker described how recently formed unions are grappling with achieving rights. “The only way now for us in the English e-hailing sector is to be organized independently,” said Parker, general secretary for the Western cape E-hailing Association (WCEA).
Unions a Key Driver of Change
The report finds that in nearly all countries studied, experts spoke of the central role of trade unions in achieving legislative reform on equality and non-discrimination.
With a collective bargaining agreement, union members also can negotiate for equality of opportunity and treatment with respect to employment occupation, with a view to eliminating any discrimination.
Participants noted that governments must create an enabling environment for workers to exercise their freedom of association, enabling them to demand equality in the workplace.
“Discrimination is fundamental about power asymmetries in a society, which can most effectively be addressed through collective action,” said Jeff Vogt, ILAW Network chair and Rule of Law director at the Solidarity Center. “We hope that this research is useful in providing evidence and examples as to how laws and institutions can be improved to make anti-discrimination laws more effective in practice through collective protection and redress.”
In addition to Parker and Zondo, panelists included: Siza Nyiko Mlambo, leader of the Simunye Workers Forum; and speakers Sam Barnes, ERT researcher; and Debbie Collier, a lead report researcher, member of the Center for Transformative Regulation of Work and law professor at the University of the Western Cape.
The ILAW Network, a project of the Solidarity Center, includes more than 1,300 members in 95 countries, regularly provides legal labor rights assistance and information, and publishes The Global Labour Rights Reporter on key issues in four languages.
Sexual harassment and other forms of gender-based violence are rampant in garment factories in Bangladesh and throughout the textile production and retail industry in South Africa, according to two recently published Solidarity Center reports. The sample surveys are among a broad spectrum of outreach by Solidarity Center partners who also are addressing gender inequities through awareness efforts among informal economy workers and workers with disabilities in Nigeria, in labor rights and career workshops in Armenia and Georgia, and among app-based drivers in multiple countries.
In addressing the root causes of GBVH in the world of work, a priority for the Solidarity Center, workers and civil society join together to advocate collectively beyond the workplace to push for policy and legal reform, expanding democracy.
November 25 marks the start of 16 Days of Activism Against Gender-Based Violence, an annual international campaign in which union activists stand in solidarity with women’s rights activists to highlight the prevalence of GBVH at the workplace and to support feminist movements around the world in calling for a world free from GBVH. The campaign culminates on December 10, Human Rights Day.
As activists mobilize worldwide, here’s a snapshot of how Solidarity Center and its partners are moving forward efforts to end GBVH at the workplace and achieve decent, inclusive work for all.
Garment Industry: Rife with GBVH
Because so little data exists on the prevalence of GBVH at workplaces, union activists and their allies in Bangladesh and South Africa sought to document workers’ experiences at garment factories and clothing outlets. Solidarity Center partners previously conducted similar studies in Cambodia, Indonesia and Nigeria.
In South Africa, 98 percent of the 117 workers surveyed said they had experienced one or more forms of GBVH at work. The Bangladesh survey found severe outcomes for workers who experienced GBVH at work, with 89 percent saying they “broke down mentally” and 45 percent reporting leaving their jobs temporarily and/or losing pay. The survey involved 120 workers in 103 garment factories and was conducted by 21 activists from grassroots and worker organizations.
In many cases, workers’ jobs and wages were at risk if they did not agree to sex with employers or managers. In Bangladesh, 57 percent of survey participants said they lost their jobs because they refused such overtures. As one survey participant in South Africa said:
“My manager called me to his office and said that if I want to extend my hours of work, I must go out with him. He kept on asking, even forcefully and aggressively … I heard from other women workers that he had also asked them.” Survey participants were not identified for their safety.
Both surveys were conducted through participatory action research, rooted in collaboration, education, developing skills and centered on a “Do No Harm” ethos to avoid re-traumatizing interviewees. Through worker-driven strategies to address and prevent GBVH in the garment sector, the processes created a set of recommendations including urging employers to enforce zero tolerance policies for GBVH and for unions to prioritize GBVH prevention and make women worker safety a core union priority.
Key to the recommendations is ratification and enforcement of an international treaty on ending violence and harassment at work. Convention 190 was approved by the International Labor Organization (ILO) in 2019 after a decade-long campaign led in part by the Solidarity Center and its partners. C190 now must be ratified by governments, and union activists are mobilizing members and allies in ratification campaigns that include awareness-raising about GBVH at work. South African unions, led by the Congress of South African Trade Unions (COSATU), successfully pushed for ratification in 2021.
Reaching Marginalized Workers
Amina Lawal, a Solidarity Center-trained GBVH researcher, leads the way for Nigerian Labor Congress leaders in Lagos’s Mile 12 market. Credit Solidarity Center / Nkechi Odinukwe
In Nigeria, union activists are using awareness raising to address the intersecting challenges facing workers with disabilities who also experience GBVH and gender discrimination at work. Through a weekly radio program and public service ads, the program elevates the voices of workers with disabilities who already are marginalized because of their status, providing a platform where they discuss their concerns around GBVH and access to equal rights to work and pay.
The radio program also is an avenue to reach workers in Nigeria’s large informal economy. Following the adoption of C190, union leaders at the Nigeria Labor Congress (NLC), with Solidarity Center support, began training vendors at the sprawling Mile 12 market in Lagos. The vendors formed a GBVH task force that worked with the NLC to develop a market code of conduct covering gender-based violence and harassment and helped raise awareness among vendors about their rights to a violence-free workplace.
Their outreach resulted in the identification of multiple cases of rape and sexual assault against minors, who often assist their parents in the market. Five people have been arrested and now are awaiting trial for allegedly violating the rights of children between 9 and 14 years old, said Agnes Funmi Sessi, NLC Lagos State Council chairperson.
Building Leadership Skills, Building Power
The OxYGen foundation in Armenia, with Solidarity Center support, held “Women for Labor Rights” seminars this year as part of its professional empowerment network. Credit: Solidarity Center
Building leadership and power within historically marginalized populations to take on issues and traditional hierarchies is a key part of Solidarity Center’s focus on ensuring equality and inclusion at the workplace.
In Armenia and Georgia, young women workers are learning crucial employment skills as part of Strengthening Women’s Participation in the Workforce, a Solidarity Center-supported program in partnership with professional networks and other civil society organizations. The project seeks to increase women’s full, equal and safe participation in the workforce, including vulnerable women workers’ access to decent work. Training sessions include exposure to science, technology, engineering and mathematics (STEM) professions and other career development, and cover labor rights, including the right to a safe and healthy workplace. The programs reach women in rural areas, many of whom are marginalized with limited access to job opportunities and skills building.
In Armenia, where the project operates as the Women Professional Empowerment Network (WPEN), young women take part in an interactive exchange that fosters the development of a supportive network and includes upskilling and raising awareness of employment opportunities, along with advice and guidance about the most in-demand new careers.
Women Delivery Drivers Stand Strong Together
“Not just in Colombia, but worldwide, women are always the ones that are the most vulnerable and paid the worst”—Luz Myriam Fique Cárdenas. Credit: UNIDAPP_Jhonniel Colina
Addressing GBVH is an essential part of campaigns mobilizing app-based drivers to achieve their rights on the job, including the freedom to form unions, as the safety risks they face every day are especially compounded for women platform workers.
“Not just in Colombia, but worldwide, women are always the ones that are the most vulnerable and paid the worst,” Luz Myriam Fique Cárdenas told participants earlier this year at a Solidarity Center-sponsored event, Women Workers Organizing: Transforming the Gig Economy through Collective Action. “We suffer harassment. We don’t have security in the streets because we’re women,” said Cárdenas, president of Unión de Trabajadores de Plataformas (Union of Platform Workers, UNIDAPP) in Colombia.
Recently in Mexico, the Solidarity Center hosted women delivery drivers from seven countries in Latin America and in Nigeria. The eight unions participating agreed on five key gender-focused points for inclusion in the Convention on Decent Work on Digital Platforms now being drafted for consideration by the ILO. The women leaders at the Alza La Voz (Raise Our Voice) forum are planning a joint campaign to ensure the convention addresses the specific challenges women app-based workers face.
As throughout the campaigns to end GBVH at work, women app-based drivers are finding strength in joining together and experiencing the power to improve working conditions through collective action.
“We have to create alliances,” Shair Tovar, gender secretary of the National Union of Digital Workers (UNTA) in Mexico, told participants. “Women can achieve enormous things together.”
Myrtle Witbooi, a fierce advocate of domestic worker rights who recently passed away, is remembered in this Solidarity Center Podcast episode by Solidarity Center Domestic Worker Global Lead Alexis De Simone. We also hear from Myrtle herself, as she accepted the AFL-CIO’s Human Rights award on behalf of the International Domestic Worker Federation, which she helped form and led.
“Her deep conviction that when women, when the working poor, when
women of color, when workers in the Global South, when union sisters and brothers decide to join forces, decide that they are in it together, there is no option but victory,” says says De Simone.
“That is so much of Myrtle’s legacy.”
Download Recent Episodes!
This episode is a re-broadcast from the podcast, Labor History Today, produced by the Metro Washington Labor Council.
Myrtle Witbooi accepts ALF-CIO George Meany–Lane Kirkland Human Rights Award for IDWF.
Myrtle began her career in the 1960s as a domestic worker in apartheid South Africa. A newspaper article about domestic workers moved her to write a letter to the editor. Myrtle was just 18 when, with the help of a local journalist, she convened the first meeting of domestic workers in Cape Town in 1965.
“As I entered, I saw about 350 workers all looking at me, and I said to myself, ‘Oh Lord, what now?’” Myrtle recalled in an interview.
“And I went up to the stage and I said, ‘Good evening. I am a domestic worker, just like you. I think we need to do something for ourselves because nobody is going to do anything for us.’ And they all started clapping and said, ‘You are going to lead us.’”
It was the beginning of a lifelong fight to secure rights and protections for domestic workers.
At that time, domestic workers in South Africa were not allowed to move freely and needed identification to enter the White neighborhoods where they worked.
“We needed an ID to identify that we were allowed to come to the White area to work. But we could go to church,” Myrtle said. The workers formed a committee in 1979 because they could not form a union. Their church meetings served as cover for committee meetings, even after the government banned all labor organizations in 1986 for fear they were ANC-affiliated.
As general secretary of SADSAWU, Myrtle fought for a national minimum wage increase and compensation for domestic workers injured on the job. In 2011, she helped lead an international coalition of domestic workers to secure passage of the ILO Convention on Decent Work for Domestic Workers (C 189), which ensured domestic workers the same basic rights as other workers. The convention marked the unprecedented involvement of informal women workers in setting ILO standards.
Myrtle became the first chair of the International Domestic Workers’ Network—and when the network formalized as a federation, Myrtle was elected the first president of the International Domestic Workers’ Federation, the only global union founded and led by women of color.
Myrtle was often recognized for her work on behalf of domestic workers. In 2013, she accepted the AFL-CIO’s George Meany–Lane Kirkland Human Rights Award, which recognizes international leaders and organizations who have overcome significant hurdles in the fight for human rights. In 2015, she was awarded the Fairness Award, which honors outstanding leaders dedicated to bringing economic justice, fairness and equality to poor and marginalized communities.
Myrtle was serving her second term as IDWF president when she passed. Under her leadership, the federation expanded to 87 affiliates in 67 countries, representing 670,000 domestic workers. Their “nothing about us without us” motto that achieved ILO Convention 189 served as the clear model for the fight to eliminate violence and harassment in the world of work, resulting in the passage of ILO Convention 190 in 2019—an effort led by affected workers, largely women workers and informal workers.
Upon news of her passing, tributes came in from domestic workers around the world, sharing stories of how Myrtle inspired courage among workers who have been made invisible by employers and governments to raise their voices and stand firm together in their demands for dignity and respect.
“Myrtle was bold, had a clear moral vision and was relentless in building up alliances to see a vision of equal rights for domestic workers to fruition. Myrtle’s legacy of courage, justice and sisterhood will live on for generations,” said Alexis De Simone, global lead for domestic worker rights at the Solidarity Center.
“The dignity of people’s very being is at stake,” said IZWI Domestic Worker Alliance’s founder and lead researcher Amy Tekie in opening remarks at a recent webinar focused on a new qualitative survey of human rights violations against live-in domestic workers in South Africa.
“Really awful things are happening behind closed doors,” said IZWI’s Amy Tekie.
“The Persistence of Private Power: Sacrificing Rights for Wages“—co-published by Johannesburg-based IZWI Domestic Workers Alliance and the Solidarity Center—surveys the constitutional and human rights of live-in domestic workers in South Africa. It describes how domestic workers’ rights to privacy, freedom of movement and children’s right to parental care are frequently sacrificed for wages in a sector underpinned by racism, sexism and classism. Resulting exploitation—largely invisible because of the private spaces in which it occurs—continues regardless of constitutional protections and industry-specific labor regulations.
We are expected to be indoors even when it is our off day,” said the survey’s lead field researcher Theresa Nyoni. Credit: IZWI
“We are not allowed to be seen around,” said the survey’s lead field interviewer, Theresa Nyoni, of a sectional title housing complex in which she was formerly employed as a domestic worker.
Nyoni described almost universally denied opportunities for live-in domestic workers in sectional title housing to enjoy open spaces on, or near, the employers’ property and lack of freedom to move around or receive visitors in their own quarters—even during off hours. And, for most live-in domestic workers, she noted invasive employer surveillance and almost total lack of privacy.
“We are sleeping with kids and not allowed to lock the door; parents barge into the room and even the bathroom,” she said.
Employers isolate domestic workers by routinely denying them visits from friends, spouses and children, and some domestic workers say they are not allowed to leave their employer’s home for any reason. Nyoni described her former employer’s refusal to allow her to leave the work premises, on her own time, to purchase and arrange for transportation of bulk food items to her own children during the pandemic.
“When I held a plate of food to eat, I was thinking: Did my children get food today?”
Survey interviewees outlined living conditions that Tekie described as “almost kidnapping [in its] constant and complete employer surveillance and control.” Besides being isolated from loved ones, many live-in domestic workers said they were denied employer permission to keep their infants with them, receive packages or use their employer’s kitchen to preserve and prepare their own food, and those employed in sectional title housing complexes reported repeated employer and security guard searches. Some live-in domestic workers said they have chosen abortions for fear of losing their jobs.
IZWI interviewed 115 mostly migrant live-in domestic workers for the survey, most of whom were working in or near Johannesburg—where working conditions are anecdotally better than those than in rural areas, said Tekie. Approximately half of South Africa’s more than 800,00 domestic workers live in by IZWI’s estimate, although definitive data does not yet exist, she said.
The survey affirms that state silence perpetuates the status quo, said McGill University Faculty of Law Professor Adelle Blackett.
McGill University Faculty of Law Professor of Transnational Labor and Development Adelle Blackett underscored the significance of the report being centered on the lived experience of domestic workers and the persistence of private power in their lives, even post-Apartheid.
Describing the report as “chilling,” Blackett defined the status quo for South Africa’s domestic workers as, “historicized, racialized, intersectionalized enslavement to domestic servitude.”
“[This report] is only the tip of the iceberg,” said former South African Labor Court judge Urmilla Bhoola.
The survey illustrates that translating South Africa’s laudable rights into reality for domestic workers is a tremendous challenge, said former South African Labor Court judge and former United Nations Special Rapporteur on Contemporary Forms of Slavery and panelist Urmilla Bhoola.
“When domestic workers live in, they forfeit their rights,” she said. And so, civil society legal activism is essential, including that spearheaded by trade unions, she added.
Report recommendations include extension to domestic workers of many of the rights contained in South Africa’s farmworker Extension of Tenure Security Act (ESTA) but absent from Sectoral Determination 7 governing domestic work. ESTA guarantees to farmworkers residing on employers’ land “the right to human dignity”—including privacy, having family life, the freedoms of association, movement and religion, and to have visitors and receive postal communication.” Alternatively, concludes the report, legislation specific to the domestic work sector should be created that includes:
Minimum housing standards for all live-in domestic workers, not only those paying rent
Basic regulations on rights to family life and visitors, including the right for family to cohabit with a worker, within residential density laws, and the right for workers to have visitors in their homes
Regulations to protect privacy, explicitly preventing employers from searching rooms, phones or property without permission
Clear protection of a worker’s right to move freely during off hours
Guidelines on bullying, harassment and assault, as those provided in the labor law do not address the specifics of the domestic sector
This website uses cookies to improve your experience. We'll presume you're OK with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
“We still find that employers find very clever ways in which to create vulnerability in the workplace,” said Nomzama Zondo, executive director of the Socio-Economic Rights Institute of South Africa, speaking this week at a panel in South Africa. 
Because so little data exists on the prevalence of GBVH at workplaces, union activists and their allies in Bangladesh and South Africa sought to document workers’ experiences at garment factories and clothing outlets. Solidarity Center partners previously conducted similar studies in 
