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Rights for Domestic Workers

Untapped Potential 

More women in India are receiving an education than ever before and the country has recorded consistent economic growth. Despite this, India continues to have one of lowest rates of female workforce participation in the world.

Close to 54 percent of working age women between the ages of 15 to 59 are not available for work because of household responsibilities or domestic work. In addition, they undertake additional tasks such as fetching wood and water which goes towards the care and sustenance of their family.

Such work is called many things – unpaid care work, reproductive work, social care functions and so on. Statistics indicate however that close to one-third of women who are engaged in domestic work in their own households would like to engage in paid work. These statistics explain the increasing demand for work performed in or for a household(s), in an employment relationship.

Hired domestic workers ease the burden of individual households by undertaking household chores in return for remuneration. The tasks include the care of children and the elderly, cooking, driving, cleaning, grocery shopping, running errands and taking care of household pets, particularly in urban areas. However, despite the benefits this work brings to individual households, domestic workers are often not recognized as workers by society.

Tasks performed by them are not recognized as ‘work’. Domestic workers in India continue to struggle for visibility and recognition. While several legislations such as the Unorganized Social Security Act, 2008, Sexual Harassment against Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 and Minimum Wages Schedules notified in various states refer to domestic workers, there remains an absence of comprehensive, uniformly applicable, national legislation that guarantees fair terms of employment and decent working conditions. Domestic workers should however be guaranteed the same terms of employment has enjoyed by other workers.

Understanding domestic work

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Unlike other forms of labour market activity, domestic work takes place in an unconventional place of work, i.e. the household. Gaining public acceptance of a household as a place of work is a challenge. Implementation of labour laws such as minimum wages and regularized work hours, which are essential elements of any kind of work, also remains a challenge. Such regulation is complex because the nature of domestic work is unique compared to other forms of work. The sector lacks effective means to regulate working conditions, for example, through streamlined job descriptions which could be offered through standard contracts. Furthermore, unlike work in a formal setting, domestic work is not guided by clear and agreed production or output goals. Enforcing labour laws remains a significant bottleneck. This is because privacy norms do not bode well with the idea of labour inspectors entering private households and ensuring regulations. Domestic workers remain largely invisible and unrecognized.

Policymakers, legislative bodies and people need to recognize the existence of an employment relationship in domestic work. Such a view would see domestic workers as not just “helpers” who are “part of the family” but as employed workers entitled to the rights and dignity that employment brings with it.

Invisible and unrecognized but crucial for women’s livelihoods

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At present, domestic work stands as a readily-available livelihood option for millions of women. While a large number of women are engaged in this sector, it is important to look at the working conditions that exist in this sector. Fixing fair, minimum wages, providing weekly days off and paid annual leaves, protecting from physical and sexual abuse and ensuring social security, are key issues that need to be addressed by the government nationally, and across India’s states.

Law and order versus rights-based approaches

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Physical and sexual abuses against domestic workers are often reported in the media. Various studies and reports also reveal that domestic workers are subjected to discrimination on grounds of religion, caste and ethnicity. Often, these challenges are placed in a law and order framework instead of a labour rights framework. Regulating domestic work through legislation is the only way to address abuses against domestic workers.

States protection for domestic workers

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State governments of Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Karnataka, Kerala, Maharashtra, Odisha, Rajasthan and Tamil Nadu have taken several steps to improve the working conditions of domestic workers and to provide access to social security schemes. Seven states including Andhra Pradesh, Bihar, Jharkhand, Karnataka, Kerala, Odisha, and Rajasthan have introduced minimum wages for domestic workers. State governments of Kerala, Maharashtra, Tamil Nadu have also constituted Welfare Boards for domestic workers who are able to avail of welfare benefits by registering with these Boards. However, despite these efforts, a large majority of domestic workers remain outside the purview of labour laws even today.  

Addressing gender inequality through equality of domestic work

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Domestic work has enabled many women to enter the labour market and benefit from economic autonomy. However, this has not translated into gender equality. Worldwide, household responsibilities and unpaid care work continue to pose significant barriers to women’s labour market participation. On many occasions, ILO has argued the need to change the idea that care-giving is a private domestic responsibility unique to women.

A greater sense of social co-responsibility must be developed- first towards a redistribution of responsibilities between households, the market and the state, that is a shift toward society as a whole assuming responsibility for the process of reproducing the labour force; and second, towards redistributing reproductive work/unpaid care work between men and women, in line with the change that has already taken place regarding productive (paid) work.

In order to leave behind the assumption that women alone must balance productive work with family and care responsibilities, we must foster alternative models of maternity, paternity and masculinity. Hence, what is needed is a reconfiguration of the financing of ‘care’ from the current model that relies heavily on the households, the women and the domestic workers, to the state. This can be done through measures such as making available good quality full-day child care especially for the low income population and facilitating the development of effective policies to enable workers to meet demands of unpaid work (for example, leave policies and working time policies). Moreover, access to care infrastructure needs to be reflected in the design of the Social Protection Floors alongside other recognized elements such as health protection and income protection.

The large supply of domestic workers in India has meant a meant a shift of care responsibilities from women in the households to hired domestic workers who are a predominantly female and largely invisible. This, in itself, did not challenge broader structural gender inequality. Hence, ILO’s demands for decent work for domestic workers are two pronged- first and foremost, it calls for recognition of the rights of domestic workers for fair terms of employment that are no less favourable than those of other workers; secondly, it calls for the active participation of the state and the recognition of the existence of structural inequality that is perpetuated by not recognizing the sheer weight of ‘care work’.

Pakistani Stories of Motivation

Fighting Exploitation With Education – Pakistani Stories of Motivation

Empowerment and initiative are essential in order to impose domestic workers’ rights and to prevent unfair treatment in the workplace.  This empowerment and initiative can be achieved through educating people who are victims of of domestic labor abuse.  Education has the ability to create more stable families and communities; it prevents people from being taken advantage of in terms of human trafficking and domestic worker exploitation.

Exploitation of workers often occurs in impoverished communities that suffer from political and economic instability.  This instability leads to a lack of necessary education and, therefore, a lack of motivation for people to create progressive lives for themselves.  This lack of motivation keeps communities stagnant and allows them to become easy targets on which to capitalize and abuse.

Today, there are some organizations, such as the Aurat Foundation, that enter regions like the Shakriyal community of Rawalpindi, Pakistan, in order to provide an education, specifically for women.  In this community, “200 households were surveyed [...] to identify women wanting to pursue driving as a career.”  This foundation not only trains women, but connects them to the labor market.  This process reminds women of their capabilities and empowers them to make something of themselves for the sake of their family;  this empowerment helps them to break out of the domestic labor cycle of unfair treatment.  Women are empowered to support their families, which then sets a positive example for their children who look up to them. [1]

Education may be the most powerful weapon against domestic labor and human trafficking.  It gives people a voice and teaches them how to use it in a progressive and efficient way.  One woman who took part in this training with the Aurat Foundation, Aliya, has “found a new purpose in life” and says, “I have saved enough from my monthly stipend and travel allowance to send my children to school and afford pick and drop.  I can provide for my family.”  These women are now literate, aware of self-defense tactics, and can drive.  They have saved their own lives and the lives of their families.  This salvation may have never been achieved if these women were not inspired to believe in themselves as strong and capable individuals and encouraged to seek work on their own. [1]

For those who live in communities where an education seemingly comes free, it is so easy to depreciate the value of the academic institution, and it is so hard to imagine how life would differ if education was not part of our reality.  Without education, many of us might not understand what we are literally capable of accomplishing, in terms of reading, writing, comprehension, problem solving, speech, making sense, interacting, and being interesting.  There is so much doubt and self-consciousness that persists without an education.  Education is not just about understanding the world, in its infinite facets, but also about discovering oneself and creating something more.  When people are not made aware of these undeveloped skills, warding off exploitation, which is often times carried out by relentless and narrow-minded individuals, is nearly impossible.

Many uneducated, suffering women want an education but do not have the financial or social means to obtain it;  some women, such as Pakistani pupil Malala Yousafzai, are advancing this fight.  In her town of Mingora, the Taliban had prohibited women from attending school.  This sense of corruption is a different kind of exploitation from that of the Skakriyal community; it is also an assertion of dominance over women but, in this case, an organization such as the Aurat Foundation would most likely not survive against the Taliban.  Yousafzai was shot by the Taliban, survived, and then still fought for her life as the Taliban intended to kill her and her father.  Throughout this mayhem, she continued her narrative and activist blog for BBC, and even spoke at the UN in 2013 to promote education and awareness.  Yousafzai even opened the Library of Birmingham last month, September 2013, which demonstrated the severity and gravity of this issue to the world.  She proved how some issues are worth fighting for.  Without this library and without fighting exploitation, women would continue to be abused in Mingora, simply because of their gender. [2]

The more organizations that follow in these faith-inducing footsteps, to educate and to motivate, the more likely fair domestic workers’ rights will be achieved and exploitation will cease; less young women will have to risk their lives, standing alone.

[1] http://tribune.com.pk/story/615333/car-van-leaders-from-domestic-workers-to-professional-drivers/2013/

[2] http://www.cbsnews.com/video/watch/?id=50157008n

PAKISTAN:domestic labour

1. THE PROBLEM

A weak economy, the deteriorating security situation and rule of law,⁵ and a growing population⁶ have all contributed to an increase in reports of modern slavery, particularly of children and bonded labourers in Pakistan.⁷ Poverty and illiteracy are severe,⁸ both of which make people, especially children, vulnerable to various forms of modern slavery. Modern slavery occurs in Pakistan in primary industries, manufacturing, commercial sexual exploitation, forced begging and domestic servitude.

THE BRICK MAKING INDUSTRY HAS A PARTICULARLY HIGH LEVEL OF BONDED LABOURERS, EXPLOITING NOT ONLY VULNERABLE CHILDREN, BUT ALSO TRADITIONAL ‘LOW-CASTE’ FAMILY LABOURERS

Bonded labour is the greatest problem in Pakistan. The Asian Development Bank estimates that 1.8 million people⁹ are bonded labourers, though many NGOs place the estimate much higher.¹⁰ Bonded labour affects men, women and children largely from rural areas who travel to cities to find work, and has been reported in many industries, primarily brick kilns,¹¹ but also in agriculture, fisheries and mining. Debt bondage is a significant problem, particularly in the Sindh and Punjab provinces. Particularly vulnerable to exploitation are the 1.6 million Afghan refugees who largely work in the informal economy.¹² The brick making industry has a particularly high level of bonded labourers, exploiting not only vulnerable children, but also traditional ‘low-caste’ family labourers. Unofficial sources claim that Punjab has as many as 5,000 kilns.¹³

Many adult Pakistani men and women migrate voluntarily to the Gulf states, Iran, Turkey, South Africa, Uganda, Maldives, Greece and other European countries for low skilled employment such as domestic work, driving or construction work.¹⁴ Many migrants fall victim to fraudulent recruiting practices by illegal labour agents: coercion, non-payment of wages, withholding of passports and physical abuse.

There are reports of children subjected to forced labour, begging¹⁵ and sexual exploitation in Pakistan, and forcible recruitment into extremist and non-state militant groups where they suffer physical, sexual and psychological abuse.¹⁶ There are reports of child sex trafficking between Iran and Pakistan. High levels of child labour exist in Pakistan.¹⁷ The Federal Bureau of Statistics estimates 3.8 million children between the ages of five and 14 are working in Pakistan.¹⁸

Organ trafficking is a problem: in mid 2011 there were reportedly a total of 42 illegal kidney transplant facilities in the country, 14 of which are in Punjab.¹⁹

NOTABLE ASPECTS OF THE PROBLEM

THERE ARE HIGH RATES OF FORCED MARRIAGE OF WOMEN AND GIRLS

Cultural practices play a significant role in modern slavery in Pakistan. Individuals belonging to lower kinship groups among Muslims and scheduled castes among Hindus are particularly vulnerable. Additionally, Vaani and Swara are still practiced.²⁰ These practices are methods of settling blood feuds between clans by forcing a young girl to marry a man from the enemy clan. Attributable to this, there are high rates of forced marriage of women and girls.

The Child Marriages Restraint Act 1929 states the legal marriageable age of females as 16, two years younger than the international minimum. Males cannot legally be married until 18, highlighting obvious gender discrimination. Shariah law however uses puberty as a criterion for marriage and does not specify any age. This conflicts with provisions of the Child Marriages Restraint Act making the law hard to implement and therefore being largely ineffective as prevalence of child marriage persists.²¹

2. WHAT IS THE GOVERNMENT DOING ABOUT IT?

PAKISTAN	Ratified
Slavery Convention	Yes
Supplementary Slavery Convention	Yes
UN Trafficking Protocol	No
Forced Labour Convention	Yes
Worst Forms of Child Labour Convention	Yes
CRC Optional Protocol on the Sale of Children	Yes
Domestic Work Convention	No

Government efforts to address modern slavery in Pakistan are poorly coordinated and executed. There are still large gaps in rules and regulations and no rehabilitation programmes for people affected by modern slavery seem to be in place.

Pakistan has ratified several key treaties on modern slavery but not the UN Trafficking Protocol or the Domestic Work Convention.

The budget allocated by the Government of Pakistan to respond to modern slavery is not known. The responsibility for labour inspections sits with provincial governments since devolution of central responsibility in 2010, and the mandate of labour inspectorates differs from province to province under local laws. There is a lack of clarity in available information about the status of this process, and how much responsibility provincial governments have taken for anti-slavery initiatives. Generally poor labour conditions, a lack of enforcement of labour laws and standards, and high levels of corruption persist. A lack of adequate labour inspection machinery was identified as a key reason by the ILO Committee of Experts in 2012 on its observations on Convention 29 as to why bonded labourers were not being identified and released.

Pakistan has a National Action Plan for Combating Human Trafficking, developed by the Ministry of Interior, to guide the country’s responses to modern slavery. The Federal Investigative Agency (FIA) hosts an anti-trafficking unit, although this unit’s budget, capacity and level of training are unclear. It also appears that the FIA is primarily concerned with transnational trafficking and does not focus on slavery of Pakistani nationals.

The criminalisation of modern slavery in Pakistan occurs through a complex framework of several legislative and regulatory mechanisms. It does not appear that there is an effective coordinating mechanism for the Government’s multiple responses to modern slavery. Slavery is prohibited in Pakistan’s Constitution. Some forms of modern slavery are criminalised in the Pakistan Penal code but significant gaps remain. Transnational trafficking, but not domestic trafficking, is criminalised under the Prevention and Control of Human Trafficking Ordinance 2002 (PACHTO). While prosecutions and convictions under this Ordinance have been reported by the Government, it is not clear if these convictions are for irregular migration (also cover by this Ordinance) or modern slavery situations.²²

PAKISTAN HAS YET TO SECURE A CONVICTION UNDER THE FORCED LABOUR LAWS, DESPITE THEIR HAVING BEEN IN PLACE FOR NEARLY 20 YEARS

The Bonded Labour System (Abolition) (BLSA) Act of 1992 and the corresponding BLSA Rules of 1995 prohibit and punish bonded labour and provide a mandate for some services to victims. Under the devolution process, federal laws apply to the provinces until provincial laws are enacted. However, it is reported that the Punjab is the only province to have enacted laws on bonded labour. It is also reported that Pakistan has yet to secure a conviction under the forced labour laws, despite them being in place for nearly 20 years.²³

The Government has started a social protection programme for the poorest segment of the population which is likely to affect modern slavery in the country. The Benazir Income Support Programme (BISP) was initiated by the Government of Pakistan in 2008 as an unconditional cash transfer targeted to women in poor households. BISP represents a major scaling up of social protection systems in Pakistan with a three-fold increase in budgetary outlay in this area in its first year. It currently claims to reach 5 million beneficiaries or up to a fifth of all households. Its use of the census method in beneficiary identification through a poverty scorecard survey ensures that the poorest are targeted. Due to the intersection between the poorest households and people vulnerable to debt bondage BISP is likely playing a part in the reduction of modern slavery in the country.

In response to reports of organ trafficking, the Government enacted the Transplantation of Human Organs and Tissue Act 2010, which provides penalties of up to 10 years in jail. The Ministry of Health has been criticised for not implementing the law strongly enough, with a newspaper source stating that 450 cases of organ trade have occurred in Punjab villages since March 2010 when the law was enacted.²⁴

Adequate focus on victim identification and assistance is severely lacking in Pakistan and data about victims is scarce. While modern slavery is widespread, community knowledge of labour rights and the rights of victims of exploitative labour in Pakistan is low.

No protections for the privacy and security of victim-witnesses exist in Pakistani law. The PACHTO makes provision for safe repatriation assistance and confers some temporary immigration rights on victims whose repatriation is not immediately possible, however it is unclear how these rights are applied in practice. The 2013 US TIP Report cited comments of local NGOs to the effect that trafficking victims were sometimes criminalised for offences related to their trafficking, and victims of debt bondage who sought the help of police were sometimes returned to their places of work as “runaways.”²⁵

There is neither a mechanism to coordinate action among provinces nor a national referral mechanism. There is no effective coordination between government actors and NGOs. Some coordination has been achieved though ILO efforts to engage NGOs on the issue of bonded labour. There is no institutional mechanism for data collection and research. The national Government sporadically publishes information on bonded labour and human trafficking. Little information about state budgetary allocations is available, and it is impossible on available information to get an idea of the size of the resources allocated to the issue country-wide.

NOTABLE ASPECTS OF THE RESPONSE

Notwithstanding these challenges, some positive developments have taken place in recent years. Training of judges and labour inspectors on bonded labour and internal trafficking has been conducted in the last year by the ILO. Initiatives run jointly by the Government and the ILO in the brick kiln sector have resulted in the Elimination of Bonded Labour in Brick Kilns programme. Such initiatives have been directed at outreach to communities in which brick kiln labour is common, and have focused on education, microcredit schemes, and registration of sector workers with government.

Community welfare attachés have been established in major destination countries for Pakistani migrant workers including Saudi Arabia, the UAE, Oman, Qatar, Bahrain, Kuwait, Libya and the UK. Various NGOs work to assist Pakistanis overseas. In addition, a February 2013 draft of the National Policy for Overseas Pakistanis calls for embassies to take a greater role in protecting Pakistani workers abroad. The Foreign Service Agreement (FSA) procedure provides some checks and balances on overseas recruitment, but is not used by the majority of emigrants.

Women in Pakistan face significant discrimination and high levels of violence (with proportions as high as four in five women having faced some sort of domestic abuse). The Prevention of Anti-Women Practices Bill, that prohibits forced marriages, was passed in 2011, however no information is available in relation to the law’s enforcement, and there is still much work to do in this regard.

3. WHAT NEEDS TO HAPPEN?

Pakistan should:

• Ratify and implement the UN Trafficking Protocol.
• Ensure that national laws clearly criminalise all forms of modern slavery, and treat this issue separately to irregular migration and people smuggling.
• Publish an annual report on implementation and progress under the National Action Plan for Combating Human Trafficking, including clear data on budget expenditure, and criminal justice statistics on transnational trafficking but also other prevalent forms of modern slavery, such as debt bondage and forced marriage offences.
• Undertake national prevalence estimates on modern slavery, with a specific focus not only on transnational cases but also debt bondage and forced marriage situations.
• Provide budgets to provincial governments to develop and execute action plans, and require reporting on progress.
• Establish a mechanism for coordination across all forms of modern slavery, between government and civil society working on these issues.
• Strengthen efforts to identify and punish those who facilitate and profit from modern slavery, whether this is owners of brick kilns, organisers of physical markets in which victims are sold, or brokers of forced marriages.
• Increase measures to prevent modern slavery, including conducting national community awareness and mobilisation campaigns in local languages, with a particular focus on debt bondage and forced marriage.
• Increase efforts to actively identify and assist victims, strengthen protections for victims of modern slavery and ensure that they are not criminalised, or detained in “women’s shelters.”²⁶
• Continue efforts to raise the status of women and girls. In particular, it should consider measures to reduce the incidence of forced and child marriage.
• Find ways to allow the public to more rapidly and publicly report corruption and complicity of government officials in modern slavery.
• Continue efforts directed at addressing the underlying causes of modern slavery – such as poverty, illiteracy, underemployment, violence against women, discrimination and social exclusion.
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coconut hair oil treatment

You know how much we love coconut oil around here (if you don’t, see this post). We found a brilliant new way to use it. The best part, we have also found a coupon to make it dirt cheap {yes that is a $10 off coupon we just found for it. You are welcome ;)}. Or you can find it there for a great price.

We are all dying to have beautiful, healthy hair right? Hair can feel brittle with the dry winter air. Plus, looking our best for the holiday parties can do some serious heat damage to our lovely locks!

I have a cure; a secret that I stumbled on this year!

I have been using coconut oil in my personal skin care since I was 16. I use it on my kids as a replacement for lotion!  I knew it was good for cooking and skin, but I had no idea how GREAT it was for my hair as well!

In a desperate search to find a cure for my brittle hair, I came across a few articles recommending coconut oil as a moisture treatment. As I dug deeper I found that coconut oil is the oil our hair can absorb better than any other.  If you would like to read some great articles on the benefits of using coconut oil here are some of my favorites: essentious.com miracle-of-coconut-oil.com coconutoilhair.org Coconut oil is meant to be used as a “Pre-Washing” Moisture Treatment. I will walk you through the simple steps for giving your hair that pure moisture it is thirsting for! All you need is: Organic Virgin Coconut Oil (don’t forget you can score this forfree over on Vitacost) A Clip or Elastic A Shower Cap Hair Dryer (optional)

Scoop out a handful of organic virgin coconut oil. My hair is very thick and long so my scoop has to be extra big. The oil will begin to melt at the touch of your skin, there is no need to heat the oil before application. It will melt as you massage it into your hair.

Flip your head upside down and slowly spread the oil through your hair. Saturate your hair completely, focusing on areas that are dry.

Once your hair is soaked with oil, twist your hair into a bun or ponytail. You can clip it in place by grabbing some hair from your scalp and part of the bun, or use a hair tie to keep it in place.

Cover your hair with a shower cap. You can choose to apply heat or not. Applying heat will open the cuticle of each strand so the coconut oil can penetrate the core faster. Leave the coconut oil on your hair for at least 30 minutes without heat, or 15 minutes with heat. You can use a hair dryer to apply heat over the shower cap. I like to rig a little system so I can sit on the floor and read or play with my kids! If I am busy and need to do other things I will leave the oil on my hair without heat.

 Once your time is up wash and condition your hair as you normally would. You may need to wash your hair twice to rinse away all of the oil. I really focus on my roots and try to shampoo my ends as little as needed. Style your hair and be amazed at your soft, smooth hair!

This treatment can be done as often or little as you feel you need. When I started this moisture treatment I applied it every time before I washed my hair. Now that my hair is in much better shape I apply it once a week. It has made a HUGE difference in the health of my hair. I have been able to grow it longer and stronger, which is the goal! For more on coconut oil, where to purchase it from and it’s many uses; read Missy’s Favorite Secret Ingredient! A few other tips I have discovered in caring for my hair: -Use a t-shirt when drying your hair. They are soft and much less abrasive than a towel. Stick your head in hole of a Tee and twist the body and arms around your hair to make a turban. It will give you frizz free silky hair! -If you want your hair to grow faster stimulate your scalp! Massage your  scalp for 5 minutes every day. It will increase the blood flow and help your hair grow faster! -Use shampoos and conditioners that DO NOT contain harmful ingredients! Become familiar with the bad ingredients and make sure to check the labels before you make a purchase! Here is a great link for Hair Care Product Ingredients. The two ingredients that are most confusing: Sodium Lauryl Sulfate and Sodium Laurth Sulfate. They are both really common in hair products. Soduim LAURYL sulfate is bad, bad bad! It strips your hair and damages the cuticle, it is a very strong detergent that should not be used for hair! The sad thing is, It is in a lot of shampoos. Sodium LAURTH sulfate is ok, it is very common in shampoos (even expensive brands), it is also a detergent, but much more mild. It is much safer on hair and is nothing harmful compared to it’s cousin Sodium Lauryl Sulfate. Happy Hair!