Yesterday, Dr. Davji Bhimji Attellah, the General Secretary of the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), was reportedly attacked by police while leading a lawful demonstration in protest of the delayed posting of over 1,000 medical interns critical to addressing the nationwide shortage of healthcare providers. Additional protesters were seriously injured when the police fired teargas canisters at the assembled protesters, causing a stampede.
Solidarity Center Executive Director Shawna Bader-Blau offered this statement:
“The Solidarity Center stands with our partners in the Kenya Medical Practitioners, Pharmacists, and Dentists Union in strongly condemning excessive and unnecessary force by police on KMPDU Secretary General Dr. Davji Attellah. We must stand firm in our defense of the rights of all workers to peacefully assemble, express their concerns, and engage in protest without fear of this kind of violence and retaliation.
This effort to intimidate and retaliate against workers and their elected leaders must be called out for what it is: a violation of fundamental human rights that are guaranteed by international law and by the Kenyan constitution. Our thoughts are with Dr. Attellah, the other injured protesters and the KMPDU and as we call for those responsible for this attack to be held accountable and brought to justice for their actions.”
An unprecedented, binding, worker-centered program designed to comprehensively address rampant gender-based violence and harassment in several garment factories in Lesotho is succeeding in creating a safe and dignified workplace in Lesotho, attendees of a high-level summit in the southern African country were told last week.
The July 27 summit, “Eradicating Gender-Based Violence and Harassment at Work in Southern Africa,” brought together government, labor and business leaders in Maseru, Lesotho’s capital, to highlight advances in ensuring worker rights and civil-society participation—including the program that arose from groundbreaking, anti-GVBH agreements negotiated collaboratively by local unions and women’s rights groups, multinational brands sourcing from Lesotho, international worker rights groups and a Taiwanese factory group producing clothing for Western markets. The event was co-hosted by the Multilateral Partnership for Organizing, Worker Empowerment and Rights (M-POWER), the Lesotho Federation of Trade Unions and Lesotho Labor Council, and was supported by the Solidarity Center.
“I experienced so much harassment at the factory before the program at Nien Hsing was established,” said garment worker Popoti Ntebe. “Because of the high level of unemployment in our country, workers tend to be harassed because of poverty.”
Before the program launched in 2020, Ntebe said a variety of behaviors by supervisors and managers were common, including bullying, verbal and physical abuse, and sexual harassment. The desperation to have a paying job made workers vulnerable to situations where supervisors would demand sex for letting workers past the factory gate, granting overtime work or not terminating a work contract.
“After you were hired, you were given a 3-month contract. Supervisors threaten to terminate the contract if we don’t agree to have sex with them. And workers desperate for work agree,” she said.
However, since the program of education and awareness raising for workers and managers, “the rate of GBVH has really decreased. This program is so beneficial to workers,” she said.
The program has educated thousands of workers and managers about GBVH and worker rights at Nien Hsing factories in the country. It is the first attempt to end GBVH at work that is binding on the factory to implement the program; enforceable through the economic power of U.S. brands; and grounded in ILO Convention 190 on violence and harassment. And, in another milestone, it established an independent organization, Workers’ Rights Watch, to investigate allegations of violence and harassment, and remediate violations–with workers able to report issues to a newly established toll-free information line.
Other speakers on the panel, “How Workers and Companies are Addressing Gender-Based Violence and Harassment in a Global Supply Chain: Focus on the Lesotho Agreements,” were: Jeffrey Hogue, chief sustainability officer, Levi Strauss & Co. (by video); Samuel Mokhele, secretary general, National Clothing Textile and Allied Workers Union (NACTWU); Matsie Moalosi, education and awareness raising facilitator, NACTWU; Itumeleng Moerane, information line manager, Federation of Women Lawyers Lesotho (FIDA); Motseoa Senyane, lead assessor, Workers’ Rights Watch; and Leeto Makoro, shop steward, Independent Democratic Union of Lesotho (IDUL). Thusoana Ntlama, programs coordinator of FIDA Lesotho, moderated the panel.
Samuel Mokhele emphasized the importance of collaboration in addressing GBVH in Lesotho’s garment factories. “We came together with international organizations we are working with, namely the Solidarity Center, then we asked what we can do to eliminate the challenges that workers are facing at work,” he said. “We learned from other countries what kind of models they had and how we could domesticate that into our country.
“This is where all of us came up with the agreement to have a program on gender-based violence and harassment,” Mokhele added.
Speaking on behalf of educators and facilitators, Matsie Moalosi stressed the importance of addressing the root causes of GBVH and collaboration across cultures in addressing GBVH. “There are root causes to GBVH. So we have to remove them: the abuse of power, disrespect of women’s rights and gender equity. We are from different cultures. So we have to know about gender and how it’s diverse in order to accommodate LGBTQIA+ because they are people who are most vulnerable in the workplace,” Moalosi said.
Itumeleng Moerane and Motseoa Senyane emphasized the importance of the principle of confidentiality throughout the process of gathering workers’ reports of GBVH through the information line, then investigating and making determinations on remedies for valid cases, with the express consent of workers.
To date, Senyane said, Workers’ Rights Watch has issued 108 determinations, and five cases are currently under investigation.
But, more importantly, she said, “This program puts justice in the hands of workers.”
The program’s power to right injustices has elicited calls from workers in other factories and organizations, panelists said. Currently, the work is limited to factories owned by Nien Hsing, a signatory to the agreements. However, the need is great.
“Some of our (union) members are interested in the program but it’s only at Nien Hsing, as a pilot. It would be helpful to extend it to other factories,” said Mokhele.
M-POWER is a historic global initiative focused on ensuring working families thrive in the global economy and elevating the role of trade unions and organized workers as essential to advancing democracy. The government of the United States and the International Trade Union Confederation (ITUC) co-chair M-POWER, joined by steering committee members: the governments of Argentina, Canada and Spain; the International Domestic Worker Federation; the Congress of South African Trade Unions (COSATU); the AFL-CIO; and Funders Organized for Rights in the Global Economy (FORGE). Additional partners include the governments of Germany and South Africa, Business and Human Rights Resource Centre, Global Labor Justice-International Labor Rights Forum, ProDESC, Solidarity Center and Worker Rights Consortium.
Event partners for this M-POWER summit were: the Congress of South African Trade Unions; Federation of Women Lawyers Lesotho; Independent Democratic Union of Lesotho; International Domestic Workers Federation; International Trade Union Confederation-Africa; International Trade Union Confederation; National Clothing, Textile and Allied Workers Union; Southern Africa Trade Union Coordination Council; United Textile Employees, Lesotho; Women and Law in Southern Africa Research and Education Trust; Worker Rights Consortium and Workers’ Rights Watch.
Informal workers are routinely excluded from economic and political decision-making, and their work is systematically devalued and made invisible. The COVID-19 pandemic has only intensified these dynamics and has resulted in skyrocketing rates of domestic violence, bringing a renewed urgency to address poverty, exclusion and precarious work.
Labor leaders, organizers and advocates from around the world gathered on December 2 for a virtual panel discussion of the impact of gender-based violence and harassment (GVBH) on workers in the informal economy. The discussion was sponsored by the Global 16 Days Campaign (coordinated by Center for Women’s Global Leadership), Global Alliance of Wastepickers, HomeNet International, International Domestic Workers Federation (IDWF), International Trade Union Confederation (ITUC), International Transport Workers’ Federation (ITF), Solidarity Center, StreetNet International and Women in Informal Employment: Globalizing and Organizing (WIEGO).
Robin Runge, Solidarity Center Equality and Inclusion Department co-director, moderated the panel, which included: Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO); Carmen Britez, vice president, International Domestic Workers Federation (IDWF); Janhavi Dave, international coordinator, HomeNet International; Sonia George, general secretary, Self Employed Women’s Association (SEWA) and a SEWA homeworker; and Saraswati Rijal, central committee member, Independent Transport Workers Association of Nepal (ITWAN).
Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO)
Chidi King framed the discussion, citing the themes and issues to be addressed. “As we all know, violence and harassment in the world of work is a manifestation of the societal issue that has deep roots in the continued tolerance of violence and harassment,” King said, “particularly towards women and population groups that too often find themselves on the margins of society.”
Women workers, who make up the majority of informal economy workers in many countries, are disproportionately affected. “Violence and harassment have deep roots in social norms and stereotypes,” King said, “especially around the roles assigned to men and women.
“And as a connection to inequality and discrimination suggests,” King added, “violence and harassment is also deeply rooted in unequal power relations, and the abuse thereof, in our societies, as in the world of work.” Thus workers play an important role in addressing and remedying violence and harassment, including addressing the impacts of domestic violence in the world of work.
ILO Convention 190 (C190) protects all workers and recognizes that for many the workplace is not an office or factory setting, but can be a public space or private. C190 protects informal economy workers, who work in their own homes or the homes of others, and recognizes the impact of domestic violence in their workplaces.
However, many countries’ laws do not recognize homes as workplaces, leaving many workers in the informal economy lacking protection against violence and harassment and without access to social safety nets. During the COVID-19 pandemic, informal workers have experienced high rates of domestic violence and difficulty accessing social support services that have been put on hold.
Saraswati Rijal spoke about working with women tuk-tuk drivers in Nepal to build support for women workers during the pandemic and supporting victims of domestic violence. COVID-19 has only made conditions worse, as women workers are forced to choose between their and their families’ health or earning an income and risking being subjected to unnecessary hazards.
Workers in the informal sector “do not have any economic security,” Rijal said. “And moreover, due to COVID-19, they are deprived of their daily wages, and they are also unable to earn their living and sustain their livelihood.”
Carmen Britez spoke of IDWF’s work with the Ministry of Labor in Argentina to develop exclusive protection for domestic workers around domestic violence. Domestic workers suffer not just from not having registered employment, but from also having no protection against violence. Britez said that lockdowns during the COVID-19 pandemic have forced many domestic workers to be shut in with their abusers.
Argentina ratified C190 in November 2020. Britez emphasized C190’s role as a tool to push for national legislation: “We were pushing for this convention so that it could become another tool in changing national law. If we have laws that protect us around violence, we want something that would not only include specific sectors but all sectors at a national level. Because that’s really important for us as women workers.”
“It’s also important to say this is not just an issue facing women. “We do account for the majority of those who are suffering from this kind of violence,” Britez added. “But it also is important for us to let our [union] leadership, who are often men, to let them know that it’s also their responsibility to push for a national law on this topic.”
To underscore the urgency of the issue, Britez shared that during her remarks her center received news of a woman whose employer broke her wrist.
Janhavi Dave spoke of the scale of the problem of domestic violence and its impact on women workers. “According to one of the recent ILO studies, there are over 260 million home-based workers, which is around 8 percent of global employment. This was prior to the pandemic, and this number has only increased,” Dave said. “According to the same study, 56 percent of home-based workers are women. So we’re actually talking about a huge section of women workers.”
HomeNet South Asia, a regional organization, conducted a study on the impact of domestic violence on home-based workers in Nepal, and is conducting similar studies in Bangladesh, India and Pakistan. “One of the key findings was that home-based workers faced rampant domestic violence,” Dave said, “which has a direct impact not only on physical and emotional health but also on productivity.”
Sonia George, general secretary, Self Employed Women’s Association (SEWA)
SEWA’s Sonia George introduced a traditional bamboo worker, who shared her experience as the sole earner for her family, which included her husband and their two children. Her husband, she said, was supportive in the beginning of the marriage, but became physically violent after he was out of work. Sibimol was forced to leave her traditional job and go to work in a latex factory in order to earn a livelihood and escape domestic violence at home.
“This is the experience of most of the women in India,” George said after Sibimol shared her story. “We know that most of these women have experienced domestic violence. One of the statistics states that during the time of COVID, domestic violence has increased 2.5 times. That means women in India are suffering that much more violence.”
Lorraine Sibanda shared how COVID-19 also worsened conditions for women workers in Zimbabwe. “The pandemic exposed adverse challenges for women,” Sibanda said, “because they are performing unpaid care work, domestic care work, on top of providing for their families.” Measures to control the spread of COVID-19 compromised livelihoods and increased economic strain on families supported by the informal economy.
Lockdowns and restrictions also increased rates of domestic violence. “It meant that women and girls were locked down in their homes,” Sibanda said. “They were forced to spend time enclosed with families, and possibly many were trapped at home with their abusers.”
Married and partnered women also faced physical violence from husbands and male partners for refusing to hand over their earnings. “They would be abused physically because they refused to hand over money, which they’ve been working for, to their partners, so that their partners could either go for a drink or use that money,” Sibanda said. She also suggested that Zimbabwe had seen an increase in child marriage. ”There was this rampant trait of people marrying off children in order to gain economically.
“All in all, the pandemic amplified the vulnerability of women and girls,” Sibanda concluded.
A new report by the Nigeria Labor Congress (NLC) and the Solidarity Center, “Breaking the Silence: Gender-Based Violence in Nigeria’s World of Work,” finds that gender-based violence and harassment (GVBH) at work is widespread in Nigeria, but goes largely unreported. The report looks at the pervasiveness of GVBH in Nigeria—which boasts Africa’s largest economy, the continent’s biggest trade union movement, and a growing population of 200 million.
A lack of worker-led research about the scope and incidence of GBVH in Nigeria’s world of work, poor implementation and enforcement of laws and workplace policies, entrenched discriminatory gender norms, and an inadequate legal framework hampered civil society and union efforts to address the problem. Moreover, the COVID-19 pandemic has exacerbated these dynamics, exposing many workers, particularly women and other marginalized workers, to an even higher risk of GBVH.
The NLC and the Solidarity Center partnered to address the lack of data on GBVH in the world of work. The NLC established a women and youth structure known as the National Women Commission in September 2003, which works with NLC affiliates and stakeholders to promote gender equality and empower women and youth to take on leadership positions. It facilitates programs that address GBVH at work.
Through this structure, women workers successfully campaigned for the NLC sexual harassment policy. This victory paved the way for women to play a leading role in the adoption of the International Labor Organization (ILO) Convention 190 (C190)—the first global, binding treaty that recognizes the fundamental right to a workplace free from violence and harassment, including GBVH.
The court’s recommendation is a direct result of awareness training with market vendors about their right to GBVH-free workplaces. Following the ILO’s adoption of C190 in 2019, the NLC and the Solidarity Center began training workers to put into practice provisions preventing GBVH. A newly formed GBVH task force in the market brought attention to the alleged assault, leading to a trial in Nigeria’s high court.
Breaking The Silence
The report results from efforts by women workers to provide concrete evidence regarding the scope and incidence of GBVH at work and break the silence to tell their stories of strength and courage.
Women workers identified two locations for study in Abuja and Lagos. Then, they drafted questions and conducted one-on-one interviews with peers. In the first stage—from September 7, 2020, to October 29, 2020—researchers interviewed 425 women. During the second stage—from December 7, 2020, to February 26, 2021—researchers 494 women. In total, women workers interviewed 919 of their peers and captured data across eight sectors, including the informal economy, manufacturing, healthcare, education, construction, media, hospitality and the public sector.
Behind these numbers are women workers like Amina,* an office cleaner who says she was sexually assaulted by a supervisor and was laid off by her employer. Saraya, a market porter, says she experienced groping and inappropriate touching while commuting to and from work and sexual harassment on the job.
Magdalene, a quality inspector at a bottling company, says she was sexually harassed and sexually assaulted by her supervisors. “I find that the joy that comes with going to work every day is no more there,” she said.
Ada has co-owned a bar with her husband. His domestic violence in their marriage extends to her workplace. “I have never reported to anyone. You are the first person I am sharing this with,” she told an interviewer.
An anonymous male youth trader spoke of the need for more training on GBVH. “We need training on GBVH for men in our market,” he said. “I believe that trainings will go a long way in sensitizing men on the negative impact of GBVH on the lives of women and children.”
Regina Otorkpa, who interviewed women workers, says, “GBVH is a monster silently destroying the confidence and future of survivors still struggling to speak out due to fear of society, fear of self and discrimination.
“Having interacted with survivors of the different forms of GBVH in Nigeria’s world of work, it has become important for the Nigerian government to step up and take a bold step towards C190 ratification. I urge women to be brave and courageous to unmask their fears; it is important that we stop the stigmatization; the struggle against GBVH is a collective one for the good of all.”
Findings and Recommendations
The report unveils high rates of GBVH at work, which goes largely unreported. Findings include:
More than half (57.5 percent) of women workers interviewed said they experienced GBVH in the world of work.
Nearly 44 percent said their supervisor or superior had said or done something that made them uneasy due to their gender.
Only 19.6 percent said they reported incidents of GBVH at work.
More than one-third (35.9 percent) said they rarely received justice even when they reported violations.
Some 44 percent said they had suffered gender discrimination that affected their career advancement.
Nearly one-third (28.8 percent) said they were pressured for sexual favors at work and touched in ways that made them uncomfortable.
Based on this research, the NLC’s recommendations for unions, employers and the Nigerian government include:
Increased education and awareness of GBVH among workers, managers and supervisors, the general public and policymakers, including its root causes and impacts and the responsibility of all workers to end it.
Ratification and implementation of ILO Convention 190 concerning the elimination of violence and harassment in the world of work, including GBVH.
Development of workplace policies to address GBVH and gender discrimination, including safe, confidential processes for reporting incidents; transparent processes for investigation of allegations; remedies for workers who experience GBVH; penalties for perpetrators; and changes to how work is organized to address power imbalances and other risk factors for GBVH in the world of work.
Adoption of national legislation incorporating the definition of GBVH from ILO C190, protecting the entire world of work and covering all workers regardless of contractual status, including workers in the informal economy.
*All names are pseudonyms to protect the identities of women workers.
Gertrude Mtsweni and Rose Omamo, trade union leaders from Africa, recently joined hundreds of workers who participated with government and employer representatives in high-level deliberations on a draft global standard addressing gender-based violence at work.
Energized after long days of intense discussions during the International Labor Organization (ILO) conference in Geneva, the women are now working nonstop at the local and regional levels to educate union members about the draft convention and campaign to push their governments to ratify it after passage.
“All sectors—including clothing and textiles, food and service, transport—are involved in the campaign to end gender-based violence at work,” says Mtsweni, gender coordinator for the Congress of South African Trade Unions (COSATU). Mtsweni is spearheading 16 days of action beginning November 25 in which workers from 16 sectors represented by the federation develop messages highlighting aspects of gender-based violence at work. November 25 is International Day for the Elimination of Violence against Women.
COSATU was among unions joining the thousands of women and their allies who marched across South Africa August 1 to protest gender-based violence as part of the #TotalShutdown campaign. As a result, South Africa President Cyril Ramaphosa acknowledged that “South Africa has failed its women and their constitutional rights” and announced a national summit to address violence against children and women.
Moving Governments to Ratify the Convention
“Government should stand firm to say “No” to violence and harassment in the world of work”—Rose Omamo Credit: Solidarity Center/Tula Connell
In Kenya, Omamo is traveling around the country to educate engineers and workers in glass, metal and petroleum about the draft convention. Omamo is general secretary of the 11,000-member Amalgamated Union of Kenya Metal Workers, national chair of the Congress of Trade Unions–Kenya (COTU-K) Women’s Committee, and COTU-K executive board member.
She says workers are especially pleased that the draft convention, “Ending Violence and Harassment in the World of Work,” covers many groups, including women, men and young workers.
“Because violence in the workplace is rampant, they are saying this will help us have a firm stand to push government against violence at workplace, at home and in society.”
Omamo and Mtsweni also are working with the gender commission of the Organization of African Trade Union Unity (OATUU) to develop an effective message to urge their governments to ratify the convention after it is passed by the United Nations. Countries are not covered by a UN convention unless their governments ratify it and indicate they are committed to applying its provisions in national law and practice, and reporting on its application at regular intervals.
“One strong message we are putting across is that the government should stand firm to say “No” to violence and harassment in the world of work, and workers must be protected wherever they are,” says Omamo. The dozens of OATUU union affiliates are based in countries such as Angola, Burkina Faso, Ghana, Guinea, Rwanda, Tanzania and Togo, in addition to Kenya and South Africa.
Unions’ Campaign for Convention on Gender-Based Violence at Work
The Solidarity Center produced a video as part of its campaign for passage of a gender-based violence at work convention.
Momentum for an ILO convention covering gender-based violence at work follows years of advocacy by the global union movement, an effort led by the International Trade Union Confederation (ITUC).
Leading up to the most recent negotiations, Solidarity Center partners urged their unions, governments and employers to publicly support a binding ILO convention on violence and harassment at work that includes gender-based violence.
With Solidarity Center support, more than a dozen workers—from Brazil, Cambodia, Gambia, Guatemala, Honduras, Indonesia, Kenya, Mexico, Morocco, Nigeria, Palestine, South Africa, Swaziland, Tunisia and Zimbabwe—participated in the ILO conference. Several took lead roles in the negotiations as part of the workers’ group, including Omamo, who ensured gender-based violence remained the focus of discussions.
“The workers were very strong in negotiations, very specific on what they want,” says Omamo. “They took a very firm stand on the areas they felt that were good for workers.”
Elsewhere, union members from Ghana, Liberia, Sierra Leone and Turkey joined their sisters from across Nigeria in a weeklong training on the ILO draft convention, sponsored by the National Women Commission’s of the Nigerian Labor Congress (NLC).
And in Honduras, Solidarity Center staff organized a meeting of representatives from unions, government and business to garner support for a global standard inclusive of gender-based violence and to advocate for a law on sexual harassment at work.
The ILO in recent days released an updated version of the draft convention that reflects the discussions this spring, and will hold follow-up meetings throughout the fall. The organization will issue a second questionnaire for unions, governments and business to solicit further input on the convention (the results of the first questionnaire were incorporated in a draft last spring), and final discussion will take place at the next full ILO conference next May.
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