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Moving Towards Decent Work for Domestic Workers: an Overview of the ILO’S Work

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Working Paper 2 / 2010 Moving towards Decent work for Domestic workers: An Overview of the ILO’s work Asha D’Souza 99 IV (1) ISBN978-92-2-221885-1 Prix: 20 francs suisses 9 789222218851 Rapport IV (1) Travail décent pour les travailleurs domestiques ATTENTION Ce rapport contient un QUESTIONNAIRE qui, conformément à l’article 39.6 du Règlement de la Conférence, appelle une Conférence réponse de votre gouvernement après internationale consultation des organisations d’employeurs et de travailleurs les plus représentatives. Travail décent pour les travailleurs domestiques Travail du Travail Les réponses à ce questionnaire doivent parvenir au Bureau au plus tard à la date du e 31 août 2009. BIT 99 session 2010 Rapport99_IV_1_F_7mm.indd 1 27.2.2009 9:00:02 ILO Bureau for Gender Equality 4, route des Morillons, ISBN 978-92-2-122050-3 Bureau for 1211 Geneva 22, Switzerland Gender Tel +41 22 799 6730 Fax +41 22 799 6388 Equality www.ilo.org/gender 9 789222 220502 [email protected] 9 789222 220502 Moving towards Decent work for Domestic workers: An Overview of the ILO’s work ILO Bureau for Gender Equality . By Asha D’Souza .......................................................ILO Bureau for Gender Equality . Moving towards Decent work . .for Domestic workers: . .An Overview of the ILO’s work By Asha D’Souza Copyright © International Labour Organization 2010 First published 2010 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Univer- sal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Moving toward Decent work for Domestic workers: An Overview of the ILO’s work ISBN 978-92-2-122050-3 (print) ISBN 978-92-2-122051-0 (web pdf) decent work/domestic work/domestic worker/workers rights/role of ILO 13.01.1 ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorse- ment by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH- 1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our web site: www.ilo.org/publns Graphic design and layout ALI Printed in France ICA . Preface The growth of domestic work as a service sector is being continually fuelled by supply and demand factors. Demographic changes such as aging populations, decline in welfare provision, increasing labour force participation of women, and the challenges of balancing working life and family life in urban areas and devel- oped countries contribute to greater demand for domestic workers. On the supply side rural poverty, gender discrimination in the labour market as well as limited employment opportunities in general in rural communities and countries of origin ensure a continuous supply of workers into the sector. Domestic work is a predominately female-dominated sector that is poorly regu- lated and often unprotected by labour law. It is also often embedded within socio- cultural structures, which may make it difficult for employers to see themselves as such. Moreover, issues of gender, class, ethnicity and caste also come into play heightening the weak bargaining power of domestic workers. Domestic workers themselves often work long hours, have poor remuneration, and little access to social protection. Their isolation and vulnerability as workers is made more complex by their invisibility in private homes and their dependence on the good will of their employers. Many, though not all, come from poor house- holds, often in rural communities, where limited access to education and skills development, leave them with few employment opportunities and choices. Others, especially those migrating abroad, may be skilled, yet unable to find employment commensurate with their levels of education. With the recognition of the numerous decent work deficits characteristic of domestic work, the ILO, both in field and headquarters, has been working at dif- ferent levels to support the organisation of domestic workers, their access to social protection and the enforcement of their rights as workers. The idea for this paper originated out of a draft plan of action for domestic work designed by ILO Gender Specialists in the field to better coordinate and map the ILO’s recent work on the issue and develop a strategy to move forward. Following the 2008 decision to place decent work for domestic workers on the ILC agenda for 2010, the Bureau for Gender Equality, the Directors of a large number of interested Office units: Mr Ibrahim Awad (International Migration Programme), Ms Azita Berar (Employment See Governing Body 301/2, paragraph 9 (1) (v) and paragraphs 44 – 66. V Policies Department), Ms Michele Jankanish (International Programme for the Elimination of Child Labour), Mr Zafar Shaheed (Programme on Promoting the Declaration) and Ms Manuela Tomei (Conditions of Work and Employment Programme), with the support of the Bureau for Workers’ Activities and the Bureau for Employers’ Activities, commissioned a stock-taking of ILO activities related to domestic work. This paper is the outcome of that research and mapping. The 99th Session of the International Labour Conference in 2010 will hold a preliminary discussion – as the first step in the double discussion procedure for standard setting - towards the first ever specific standard carefully crafted to afford better protection and promote decent work for domestic workers. As part of prepa- rations for the Conference, two reports have been prepared by the office, in March 2009 and April 2010, on the subject. The reports contain up-to-date examples of innovative regulatory mechanisms that have been introduced for domestic workers at the national level in past years and will form the basis for the discussion at the Conference. The present paper was completed before the two Conference reports were issued, and relies on material that was as up-to-date as possible at that time. It remains a useful research reference, although certain concepts have since been clarified in the ILC reports themselves; for example, ILC Report IV (1) contains a note on the terms “domestic work” and “domestic workers”, terms which are examined below in Part 3. As this working paper draws attention to a female-dominated sector that has become infamous for its poor working conditions and limited recognition and protection under the law, it complements the ILC reports by providing an overview of the variety of perspectives from which domestic work has been addressed by ILO through technical cooperation projects and research. It will doubtlessly inspire further work on the issue in the follow-up to the domestic work debate at the 2010 and 2011 sessions of the International Labour Conference. The commitment by Governments and social partners to highlight this sector at the International Labour Conference offers much hope that it can be transformed into one that offers greater opportunities for decent work for the many millions of women and men around the world who work as domestic workers. Jane Hodges Director Bureau for Gender Equality Reports IV (1) and IV (2): “Decent work for domestic workers”, International Labour Conference, 99th Session, Geneve, 2010. Acknowledgements of the author I would like to thank very specially the Gender Bureau and team of Gender Specialists for entrusting me with the task of reviewing the ILO’s recent poli- cies and programmes on domestic work. This report was made possible thanks to Susan Maybud’s constant guidance and sharing of information. She has greatly facilitated my contacts with other departments in Geneva and with field offices. Sriani Ameratunga Kring subsequently took over from Susan, and I am grateful for her assistance. I am grateful to the Gender Specialists for their inputs concerning the regions they cover and I particularly appreciated all the ideas and material that Simel Esim shared with me. A number of ILO officials - Beate Andrees, Naomi Cassirer, Maria-José Chamorro, Luc Demaret, Maria Galotti, Jane Hodges, Wael Issa, Mary Kawar, Azfar Khan, Adriana Mata, Roger Plant,
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