TRAINING OF YOUNG DOMESTIC WORKERS, REINFORCING THE TERTIARY SECTOR IN AFRICA

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TRAINING OF YOUNG DOMESTIC WORKERS: REINFORCING THE TERTIARY SECTOR IN AFRICA

INTRODUCTION June 16, 2012 will mark the first anniversary of the International Labour Organisation (ILO) Convention n°189 concerning decent work for domestic workers, which was adopted

by ILO’s 183 member States. It happens to be also the International Day of the African Child, in remembrance of the massacre by the Apartheid army of black South African students who peacefully demonstrated for an education respectful of their identity, in 1976 in Soweto. Each year, the IDAY network seizes this opportunity and the symbol of that specific day – the African youth mobilising for its fundamental rights – to advocate for

education for all in Africa.

One group of youngsters is particularly deprived of its right to education: the domestic workers, also called the “invisible” workers.

In most African countries, the labor laws do not provide for this category of workers who consequently enjoy no protection as to their working and living conditions. Among the many abuses they are subjected to is a particularly insidious one: the deprivation of their right to education.

Training young domestic workers is a key social, economic and political challenge for

African countries as they experience growing demographic pressures and deep economic mutations. IDAY network members therefore demand that: the African States establish relevant legal framework that guarantee decent working conditions compliant with the rights of all (young) domestic workers on their territory; together with all relevant development cooperation agencies, these States take the necessary measures to foster their training, taking into account their specific needs and the requirements of the employment market.

I. LEGAL STATUS OF DOMESTIC WORKERS All African States have laws and regulations on labour in general, child labour and access to education and vocational training. These regulations however do not deal specifically with domestic work, which is often not recognised as a profession as such due to its nature. As of today, only 15 African States out of 54 reportedly have specific legal or regulatory instruments pertaining to domestic work1. Even these instruments do not necessarily cover all aspects of the profession, and one cannot help but notice that they are only partially enforced in many a country.

At international level, the International Labour Organisation (ILO) member States

adopted on June 16, 2011 the Convention concerning decent work for domestic workers. One year later, one single State has ratified it: Uruguay. This convention will only enter into force one year after a second State notifies ILO of its ratification. The case of child domestic workers (under 18 years of age) falls primarily under the ILO conventions n°138 (concerning the age for admission of children to employment, 1976) and n°182 (concerning the worst forms of child labour, 1999). The first one prohibits work for children under 15 years of age. The second one may apply to child domestic work insofar as the conditions under which they carry out this activity amount to a form of slavery or forced labour,

IDAY (International Day of African the Child and Youth) - Raising voices for education in Africa

or that the tasks they carry out are likely to harm their health or safety.

Thus, despite the existing instruments, the rights of young domestic workers are not respected in many countries. There are two main reasons to that: either this activity is not recognised as a full-fledged profession, either it is but the regulations are not enforced.

There is thus not only a legal void to be filled, but also in countries where relevant laws and regulations already exist, urgent measures to be taken to enforce them.

Source: NATLEX, International Labour Organisation (ILO). See http://www.ilo.org/dyn/natlex/natlex_browse. bySubject?p_lang=en 1

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TRAINING OF YOUNG DOMESTIC WORKERS: REINFORCING THE TERTIARY SECTOR IN AFRICA

II. DOMESTIC WORKERS IN AFRICA A. Who are they?

The typical profile of youngsters working as domestics refers to persons from a disadvantaged environment, whose families are too poor to take care of them, orphans or excluded children. In a majority of cases, they are young girls from rural areas2. The ILO estimated at 15,5 millions the number of youngsters aged 5 to 17 employed as domestics in 20083. In Africa alone, the official figures are staggering. In the region of Bamenda in Cameroon for instance, a 2009 survey of the International Organisation for Migration4 concluded that about 68.4 % of the youth below 19 were employed as domestic workers. Specialised organisations estimate domestic workers to a total of 300.000 in Burundi, 750.000 in Uganda, 800.000 in Rwanda and 1 million in Kenya. No reliable and comprehensive data have been found for the Democratic Republic of Congo.

These estimates are probably below reality, as “the number of domestic workers is a controversial issue and figures from unofficial sources vary greatly”5. The phenomenon is difficult to quantify because it is heterogeneous in its forms and activities: cooking, gardening, cleaning, watchmen, childcare … or a combination of these6. It is a work performed not just in factories but mostly in the privacy of homes, often in isolation, which is why it is often described as invisible7. The surveys also fail to reveal the accurate numbers as many “fostered” domestics are reported as members of the family to avoid legal pursuit in case of minors. It is therefore urgent to launch enquiries in all the countries concerned with the phenomenon to obtain more reliable data on the scope and the characteristics of today’s domestic work.

B. Working conditions of African C. Access to education: a domestic workers socio-economic necessity The domestic workers’ working conditions differ from one place to the other: all of them do not necessarily experience harsh or abusive conditions.

In most instances, however, abuses are taking place and the workers’ rights are not respected.

Some employers take advantage of the lack of regulation to disregard basic workers’ rights.

Hence, in most African countries, the domestic workers work long hours, earn low salaries – if any –, get no holidays, and have no social or legal protection. Terms and conditions of work are rarely discussed and documented, thus leaving these people at the mercy of their employer to determine the terms at will.

In rural areas some family “use” children of close relatives to mind their own children or to watch over their flock. In return, the mothers of these young domestic workers are offered a loincloth each year while their working child doesn’t receive any salary. In some instances, young domestic workers fall victims of physical harassment or even sexual abuse. Many youngsters choose domestic work to subsist yet without earning a decent living.

Unregulated domestic work leads to abuses that no control mechanism on employers can penalise.

Some domestic workers do not hesitate to declare publicly, if they get the chance, that they are treated as “sub-humans”. Under these conditions, this activity contributes mostly to general impoverishment and to the extension of illiteracy. A legal framework that regulates the profession is urgently needed to improve the working conditions of these “invisible” workers.

IDAY (International Day of African the Child and Youth) - Raising voices for education in Africa

In the absence of regulation, domestic work leads often to a denial of the fundamental right to education and vocational training.

Young workers are often unable to continue their schooling or attend vocational training: they either drop out of school to enter the profession, or their employer fails to give them the opportunity to continue their training.

Hence, many remain illiterate and few receive vocational training.

In fact, many employers do not seem to be aware of the necessity for their household “employees” to receive basic education while they do not hesitate to ask their domestic aid to take the family’s children to school. Still, both the employees and the employers would benefit from these young people’s capacity not only to read, write and count but also to be trained in the various tasks they perform such as cooking, budget management, and more generally, hygiene, health, foreign languages, human rights. Quite obviously, qualified domestic workers would do a better job and have a greater self-esteem. Qualified labour also deserves a higher salary for household services. As for the girls, who represent a majority among domestic workers, they will be better able to pass on their skills to their children. Last but not least, domestic workers who would be aware of their rights would better equipped to defend themselves in cases of abuse and also have a better knowledge of their duties.

Education is essential for personal development and a country’s economic growth. A welladapted professional training will improve the level of qualification of the young domestic workers for the job they already have and hence meet the needs of their employer.

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TRAINING OF YOUNG DOMESTIC WORKERS: REINFORCING THE TERTIARY SECTOR IN AFRICA

As a whole, meeting the growing need for household services with a supply of qualified work will contribute to both the development of a competent tertiary sector in Africa and the absorption of unemployed youngsters.

It is therefore indispensable that employers accommodate their household employees’ working hours so that they may follow the training of their choice. African governments must take measures to enable such training opportunities to domestic workers by setting up professional training centers and by supporting organisations working in this area.

D. A sensitive issue to address Domestic work is a complex issue because it is a social fact embedded in local traditions.

It corresponds most often to the unpaid tasks traditionally performed informally by women at home. It is therefore not regarded as “normal”8 work. Equally, many parents value it as a way to foster the personal development of their child by making them aware that they will need to work for a living. It is customary to send one’s own child to a far-away aunt to help in her daily tasks. As a result, it is not unusual to “employ” a close relative for household tasks. In this context, many children younger than 15 are at work. In the urban environment, the demand for domestic services increases as

a result of the growing proportion of women working outside their home who can no longer perform all the tasks that were traditionally theirs, whilst public provision of household and care services remains very poor. In addition, for many, there is no clear-cut border between what is allowed and forbidden. Some employers are therefore not even aware of the abuse they perpetrate.

Today, domestic workers represent a large proportion of the work force, particularly in developing countries. Their number is growing.

The issue of their conditions thus concerns society as a whole. Yet, its social and political implications generate some resistance.

E. Regulating to protect and value the profession Personal services carried out under decent conditions are a necessary component of a well-functioning economy. It is therefore indispensable that each State puts in place laws and regulations for domestic work to protect the workers against abusive treatment, determine their professional obligations and forbid work for children younger than 15 yearsold. A specific legal framework is also essential not only for the recognition but also for the protection of these workers’ rights considering the specificity of their employment: a written

IDAY (International Day of African the Child and Youth) - Raising voices for education in Africa

contract, a minimum wage compatible with the earnings of the employer, social and legal protection, holidays and reasonable working hours for those who need it to follow a training.

Guaranteeing the respect of these measures requires that the legislation also provides for sanctions. While employees would be made more responsible, employers would be less tempted to disregard their workers’ rights knowing that they may be subject to legal action. However, such legal framework would be useful only if workers are aware of their rights, including for example the one to collective bargaining and action.

Finally, a set of rules regarding this profession would result in the relationship employer – domestic aid to evolve toward a relationship employer – household employee.

International Trade Union Confederation Action Guide, November 2010, Decent work, decent life for domestic workers p.16 (80 pp.)

3 Global and regional estimates on domestic workers, Domestic work, Policy Brief 4, International Labour Office, 2010, p.10 (pp.12) 4 FOUDA Yolanda, Research Study on Domestic workers in Cameroon, International Organization for Migrations (IOM), Yaoundé, May 2010, p.9 (pp.42) 5 Ibid., p.4 6 Conference on the professional legalization and training of domestic workers in East Africa and the Democratic Republic of Congo, Report, Bujumbura, 22-23 November 2010, p.1 (pp.5) 7 Rapport IV (1) International Labour Conference, Decent work for domestic workers, International Labour Office, 99th session, 2010, p.1 (pp.144) 8 Ibidem 2

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TRAINING OF YOUNG DOMESTIC WORKERS: REINFORCING THE TERTIARY SECTOR IN AFRICA

III. CASE STUDIES/ TRAINING AND RECOGNITION OF DOMESTIC WORKERS IN EAST AFRI

A. Case study 1: Burundi and Rwanda

profession and guaranteeing the rights and obligations of both employees and employers.

Burundian and Rwandan non governmental organisations (NGO) collaborating with a Belgian NGO9 have launched a vocational literacy training for domestic workers in these two countries.

As a result, the Burundian and Rwandan centers train respectively annually about 450 and 150 young domestics10. Since their creation they trained a combined total of around 3000 domestic workers.

These initiatives are based on the following principles: first of all, fostering self-esteem among the domestic workers and a better appreciation of their profession. Second, adapting training hours to their working hours so that they may keep their job, allowing young domestic workers to attend vocational literacy classes that include courses in childcare, cooking, gardening. Third, getting a diploma recognised by the State. The projects also aim at raising awareness within Burundian and Rwandan societies on the child labour problem and the need to respect the right to education of each child and youngster.

Finally, in Burundi, an advocacy campaign was launched for the parliament to adopt a law recognising domestic work as a full-fledge

B. Case study 2: Democratic Republic of Congo The Center for Training and Promotion of Women of Bokolisi (CFPFB), a Congolese nonprofit seeking association based in Kinshasa, offers training to vulnerable young girls, some of whom work as domestic. During 3 years, the students follow a curriculum that combines literacy, training in women’s rights, hygiene and tailoring classes. In 2010, the Bokolisi Center also initiated a training programme in hairdressing and aesthetics for young unschooled domestic workers aged 14 to 2511, as part of a professional diversification process. In Uvira, South Kivu, the association Women and Children Protection (WCP

Democratic Republic of Congo) launched a survey to collect information about children and young domestics. These data led to the development of a vocational literacy training project for children and young domestic workers in Uvira - a first in this region.

These associations belong to the 6 national IDAY coalitions in East Africa that launched a regional programme in 201, for the professional recognition and training of domestic workers. This initiative includes surveys to determine more precisely the actual number of domestic workers, their age, literacy level and working conditions. These data will also give a better idea of the domestic workers’ and the employers’ expectations.

Partnership between several associations : Collectif des Ligues et Associations de Défense des Droits de l’Homme (Cladho, Rwanda), Convergence pour l’auto-développement des domestiques (CAD, Burundi), Action Développement Parrainages Mondiaux (ADPM, Belgium).

10 « L’Info. Action Développement-Parrainages Mondiaux », Newsletter 1st semester 2010, n°31, p.4 (pp.8) 11 Training and female promotion center in Bokolisi, Project Bank, Project N°13, IDAY-International, see http://www. iday.org/EN/06getinvolved/pages/002supportandfunding. htm 9

IV. TEN PRIORITY RECOMMENDATIONS 1. African governments must enforce the interdiction of child labour below 15 years of age, the minimum legal age for child labour in development countries12. When required, they ought to apply the legal sanctions foreseen by the law.

2. Conduct surveys in each country to better determine the number of youngsters employed as domestic workers, their socioeconomic profile, working conditions, level of education and working skills. These surveys should also record the opinion and needs of the employers. They ought to remain neutral, at least in a first phase, in

order to make sure that they are accepted by the governments, the employers and the employees.

3. African civil society ought to have the opportunity to participate in concertations on the protection and promotion of domestic workers’ rights. It must also mobilise and receive adequate support for its advocacy campaigns targeting in priority: a. Enhancing the value of domestic work b. Legal recognition of this profession and obligation to establish written contracts

IDAY (International Day of African the Child and Youth) - Raising voices for education in Africa

c. Elimination of child labour under 15 year. d. Defense of the right to quality basic education To improve the working conditions of domestic workers: 4. All 183 ILO member States which signed the ILO Convention n°189 on decent work for domestic workers must ratify this instrument and take the most appropriate measures to ensure compliance of their national law and regulations. As of today, the convention has been ratified by

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TRAINING OF YOUNG DOMESTIC WORKERS: REINFORCING THE TERTIARY SECTOR IN AFRICA

Uruguay only. It has therefore not entered into force and imposes no legal obligation on signatory States.

5. African governments must officially recognise domestic work as a full-fledged profession, and domestic workers as a category of workers enjoying the same basic social and professional protection as any other.

6. Establishing a legal framework should enable the rights and obligations of both parties to be regulated through written employment contracts.

7. Disseminate and popularise existing national labour laws and regulations as well as the ILO Convention, especially in national languages spoken by the domestic workers.

For the training of young domestic workers: 9. Governments must include vocational training for domestic workers in national education plans, and officially recognise training certificates issued by private training centers.

10.Establish rules of conduct for employers and employees including explicitly the right to appropriate training, but also the elimination of child labour under 15. This should foster flexible working hours for domestic workers so as to enable them to continue their education and/or attend vocational training, if needed on adjusted schedules.

Article 2 § 4, Convention n°138 concerning the Minimum Age for Admission to Employment, 19 June 1976.

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8. Setting up bodies to monitor the implementation of international conventions, in particular the Convention on decent work for domestic workers (C189), the Convention on the worst forms of child labour (C182) and the Convention on minimum age for admission to employment (C138).

IDAY-International is an advocacy network of over 250 African and European civil society organisations active in 18 African and 8 European countries. The network carries out advocacy through a constructive dialogue with the political authorities for the right to quality basic education for all. For several years, members of the network have been involved in actions in favour of training and recognition of domestic workers.

IDAY (International Day of African the Child and Youth) - Raising voices for education in Africa

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