Saloman Rajbanshi

A proposed UN Convention could give domestic workers the same protection as formal workers
In a bid to establish fair labour practices for domestic workers worldwide, the International Labour Organisation, the global standard setting body of the United Nations, is going to have a final discussion on the proposed Domestic Workers Convention in June 2011. If adopted, it will provide standards specific to domestic workers to enable them to fully enjoy their rights.

According to the proposed ILO definition, domestic work means work performed in or for a household within an employment relationship. In Nepal, as in other countries, domestic workers are one of the most disadvantaged and marginalised informal workers. Many of them are free labourers, while a good number of them are still under the Kamaiya, Haruwa, Charuwa and Haliya system of forced labour—where work is done under the menace of a penalty and against one’s free will. Poverty is one of the key push factors for these people to take up domestic work, but a lack of formal employment opportunities as well as poor employability also play a role. Subsequently, the number of domestic workers is growing day-by-day and thus it is important that the state take appropriate measures to protect their rights. Though national statistics on the number of domestic workers is not available, it is estimated that more than 200,000 child domestic workers, aged 18 years or below, are currently working in Nepal.

A domestic worker, more popularly known as kanchha (boy) or kanchhi (girl), has become a part of the Nepali lifestyle for families who are relatively well off. Employing a domestic worker in itself is not a crime. But people tend to forget that a domestic worker is also a human being, with right to human dignity, security and safety in addition to decent working conditions. It is illegal to abuse, neglect and exploit a domestic worker, or any worker for that matter. They are, however, prone to abuse and violence for a number of reasons. First, they work within a household where most happenings are private matters. As such, there are no laws regarding domestic workers in Nepal. Second, as they come from poor families, they are mostly illiterate and unaware of their own rights. Third, they have no representatives who can speak for their rights and interests. Last but not the least, the oppressive attitude and behaviour of some Nepali families is also responsible for the plight of domestic workers.

Domestic work is mostly carried out by women and girls, many of whom are migrants or members of historically disadvantaged communities. They are more vulnerable to sexual abuse, exploitation and violence compared to their male counterparts. A study conducted by the ILO in Nepal reveals that 40 percent of domestic workers experienced different types of harassment including oral abuse, scolding, neglect, sexual abuse and delayed pay.

In New York, according to a 2006 Domestic Workers United report, Home Is Where the Work Is: Inside New York’s Domestic Work Industry, 93 percent of domestic workers were women, 95 percent were people of colour and 99 percent were immigrants. Exploitation and abuse of domestic workers, according to the report, were linked to discrimination based on sex, race, class and immigration status.

With substantial progress made towards the adoption of a new standard, domestic workers can now see a light at the end of the tunnel. If you have a domestic worker, what should you be prepared to provide for? Ensure he or she has been informed of the terms and conditions of employment which are fair. He or she has reached a minimum age of employment as prescribed by the law and gets paid regularly and is given at least minimum wage. He or she gets a weekly rest, sick leave and enjoys occupational safety and health. If a person is under the age of 18 and above the minimum age of employment, he or she is not deprived of education. He or she enjoys social security as well as decent working conditions and, in the case of residential domestic workers, decent living conditions which respect his or her privacy. You must ensure he or she enjoys effective protection against all forms of abuse and harassment and that he or she is not bound to remain in or with the household during their weekly rest or annual leave. Domestic workers are also entitled to keep travel and identity documents. These are some of the fundamental rights domestic workers will be empowered with.

Many national trade unions have already started organising domestic workers. It is most likely that trade unions will exert pressure on governments for the ratification of the proposed Domestic Worker Convention soon as it is adopted. Therefore now is the time for the government to initiate work on new laws and regulations to respect, protect and fulfil the rights of domestic workers. It will be daunting to ensure compliance with these new laws and regulations because of the special conditions under which domestic work is carried out. This will require a strong commitment and dedication on the part of government, political parties, the judiciary, law enforcement agencies, human rights organisations, trade unions as well as civil society. 

One may argue that if so many rights are allowed to domestic workers, many families will hesitate to employ them. Some believe that the work which is performed by domestic workers may eventually fall back on the female members of the family if our lifestyle, attitude and behaviour are not changed. But this argument holds little merit. To do away with such discriminatory practices, the concept of self-help needs to be promoted within the family and beyond. From the very outset, children should be taught that they have an equal responsibility, depending on their age, to support household work. Division of labour within the household should not be based on gender or sex but on the individual capacity of each person.

Rajbanshi is associated with the ILO. The views expressed are his own.

Published on: 27 April 2011 | The Kathmandu Post