In a legal attempt to transform traditional gender roles and relieve unequal care burdens on women, South Africa’s Constitutional Court this week is taking up a case challenging sections of the country’s employment act that permit four months of maternity leave to biological mothers only. By comparison, fathers are only entitled to a 10-day paternity leave. If affirmed, the case will transform how maternity and parental leave is granted in South Africa and set an important precedent for the entire continent.
“Although we do anticipate the Constitutional Court confirming the judgment,” says Ziona Tanzer, Solidarity Center law program counsel, “how it does so and what it says about gender, the redistribution of care work and feminist labor law will be significant.”
Based on constitutional rights of non-discrimination and dignity, the Gauteng High Court in Johannesburg ruled last year that working parents must both have the right to time off after the birth of a baby or adopting a child, and can share four months of paid maternity leave made available to women under the Basic Conditions of Employment Act (BCEA). The High Court judge recognized that current provisions of the law do not permit families to autonomously determine who performs infant care work or equally share responsibilities between parents.
Although the High Court issued an interim order, the judgment must be affirmed by the Constitutional Court–a necessary requirement for all cases concerning the constitutionality of laws. The Constitutional Court could make the lower court’s order of unconstitutionality immediately applicable, which means the law will change from the date of the judgment, or it can give the South African legislature one or two years to amend the law.
The lower court also found that provisions in the BCEA unfairly and unconstitutionally discriminate against fathers and parents of children adopted or born via surrogacy. Pointing to an unequal care burden on women, the presiding judge said that although it is not discriminatory to grant leave to a birth mother, the real question underlying the act is a policy choice with respect to child nurture, which could be done by either parent.
Bringing international and comparative law–which is increasingly recognizing the common responsibility and rights of both parents to contribute to the raising of children–to the court, South Africa-based Labor Research Services, the Solidarity Center, the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network and the University of Pretoria’s Center for Human Rights together submitted “friends of the court,” or amici arguments. The amicus arguments focus on the gendered underpinnings of the BCEA. In its premise that mothers are primarily responsible for child care while fathers’ care responsibilities are secondary, the BCEA not only forces an unequal care burden on mothers, it also unfairly and unconstitutionally discriminates against fathers and non-traditional families, such as parents of adopted children or those born via surrogacy. The attorney representing the amicus is ILAW member Kayan Leung, from Lawyers for Human Rights.
The ILAW Network is a membership organization for union and worker rights’ lawyers. Its core mission is to bring together legal practitioners and scholars in an exchange of ideas and information to best represent the rights and interests of workers and their organizations.
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 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.
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 
