Millions of workers still face widespread discrimination in employment and at the workplace—even though 65 years ago, 175 countries adopted an international convention seeking equality of opportunity and treatment.
“We still find that employers find very clever ways in which to create vulnerability in the workplace,” said Nomzama Zondo, executive director of the Socio-Economic Rights Institute of South Africa, speaking this week at a panel in South Africa.
The panel in South Africa follows an initial launch in spring, and is among several planned this year in countries highlighted by the report, including Colombia, Brazil, the United Kingdom and India.
“A Promise Not Realised” first looks at conventions countries have adopted, such as the 1958 International Labor Organization (ILO) Convention 111 Discrimination in Respect of Employment and Occupation or Discrimination which creates a legal obligation on countries to prohibit and remedy discrimination at work.
Ultimately, the report identifies the means by which countries can create enabling environments to effectively prevent workplace discrimination and provide labor justice when it occurs.
Discrimination Widespread in Informal Economy
The report also specifically addresses non-discrimination in the informal economy, recognizing that those working informally lack recourse to justice and remedy.
“There is an inherently discriminatory dynamic between those within and without the formal employment sector,” says Jim Fitzgerald, ERT director, overviewing the report in the initial webinar earlier this year.
Panelists said the research confirms that informal economy workers are more likely to experience discrimination and mistreatment because of a lack of recourse to justice and remedy.
Ensuring non-discrimination in the informal economy is key: Some 2 billion people rely on informal work as a source of income, according to the ILO.
Many informal workers also are migrant workers. As in the majority of countries in the report, some South African respondents noted that their legal status means migrant workers may be disproportionately concentrated in particular forms of work and experience unique challenges in these areas.
As Fitzgerald said: “International law does not simply require states to prohibit discrimination. It requires states to eliminate discrimination through ‘all appropriate means.’ “
Platform workers are a growing group of informal sector workers globally, including in South Africa, where Omar Parker described how recently formed unions are grappling with achieving rights. “The only way now for us in the English e-hailing sector is to be organized independently,” said Parker, general secretary for the Western cape E-hailing Association (WCEA).
Unions a Key Driver of Change
The report finds that in nearly all countries studied, experts spoke of the central role of trade unions in achieving legislative reform on equality and non-discrimination.
With a collective bargaining agreement, union members also can negotiate for equality of opportunity and treatment with respect to employment occupation, with a view to eliminating any discrimination.
Participants noted that governments must create an enabling environment for workers to exercise their freedom of association, enabling them to demand equality in the workplace.
“Discrimination is fundamental about power asymmetries in a society, which can most effectively be addressed through collective action,” said Jeff Vogt, ILAW Network chair and Rule of Law director at the Solidarity Center. “We hope that this research is useful in providing evidence and examples as to how laws and institutions can be improved to make anti-discrimination laws more effective in practice through collective protection and redress.”
In addition to Parker and Zondo, panelists included: Siza Nyiko Mlambo, leader of the Simunye Workers Forum; and speakers Sam Barnes, ERT researcher; and Debbie Collier, a lead report researcher, member of the Center for Transformative Regulation of Work and law professor at the University of the Western Cape.
The ILAW Network, a project of the Solidarity Center, includes more than 1,300 members in 95 countries, regularly provides legal labor rights assistance and information, and publishes The Global Labour Rights Reporter on key issues in four languages.
Myrtle Witbooi, a fierce advocate of domestic worker rights who recently passed away, is remembered in this Solidarity Center Podcast episode by Solidarity Center Domestic Worker Global Lead Alexis De Simone. We also hear from Myrtle herself, as she accepted the AFL-CIO’s Human Rights award on behalf of the International Domestic Worker Federation, which she helped form and led.
“Her deep conviction that when women, when the working poor, when
women of color, when workers in the Global South, when union sisters and brothers decide to join forces, decide that they are in it together, there is no option but victory,” says De Simone.
“That is so much of Myrtle’s legacy.”
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This episode is a re-broadcast from the podcast, Labor History Today, produced by the Metro Washington Labor Council.
Myrtle Witbooi accepts ALF-CIO George Meany–Lane Kirkland Human Rights Award for IDWF.
Myrtle began her career in the 1960s as a domestic worker in apartheid South Africa. A newspaper article about domestic workers moved her to write a letter to the editor. Myrtle was just 18 when, with the help of a local journalist, she convened the first meeting of domestic workers in Cape Town in 1965.
“As I entered, I saw about 350 workers all looking at me, and I said to myself, ‘Oh Lord, what now?’” Myrtle recalled in an interview.
“And I went up to the stage and I said, ‘Good evening. I am a domestic worker, just like you. I think we need to do something for ourselves because nobody is going to do anything for us.’ And they all started clapping and said, ‘You are going to lead us.’”
It was the beginning of a lifelong fight to secure rights and protections for domestic workers.
At that time, domestic workers in South Africa were not allowed to move freely and needed identification to enter the White neighborhoods where they worked.
“We needed an ID to identify that we were allowed to come to the White area to work. But we could go to church,” Myrtle said. The workers formed a committee in 1979 because they could not form a union. Their church meetings served as cover for committee meetings, even after the government banned all labor organizations in 1986 for fear they were ANC-affiliated.
As general secretary of SADSAWU, Myrtle fought for a national minimum wage increase and compensation for domestic workers injured on the job. In 2011, she helped lead an international coalition of domestic workers to secure passage of the ILO Convention on Decent Work for Domestic Workers (C 189), which ensured domestic workers the same basic rights as other workers. The convention marked the unprecedented involvement of informal women workers in setting ILO standards.
Myrtle became the first chair of the International Domestic Workers’ Network—and when the network formalized as a federation, Myrtle was elected the first president of the International Domestic Workers’ Federation, the only global union founded and led by women of color.
Myrtle was often recognized for her work on behalf of domestic workers. In 2013, she accepted the AFL-CIO’s George Meany–Lane Kirkland Human Rights Award, which recognizes international leaders and organizations who have overcome significant hurdles in the fight for human rights. In 2015, she was awarded the Fairness Award, which honors outstanding leaders dedicated to bringing economic justice, fairness and equality to poor and marginalized communities.
Myrtle was serving her second term as IDWF president when she passed. Under her leadership, the federation expanded to 87 affiliates in 67 countries, representing 670,000 domestic workers. Their “nothing about us without us” motto that achieved ILO Convention 189 served as the clear model for the fight to eliminate violence and harassment in the world of work, resulting in the passage of ILO Convention 190 in 2019—an effort led by affected workers, largely women workers and informal workers.
Upon news of her passing, tributes came in from domestic workers around the world, sharing stories of how Myrtle inspired courage among workers who have been made invisible by employers and governments to raise their voices and stand firm together in their demands for dignity and respect.
“Myrtle was bold, had a clear moral vision and was relentless in building up alliances to see a vision of equal rights for domestic workers to fruition. Myrtle’s legacy of courage, justice and sisterhood will live on for generations,” said Alexis De Simone, global lead for domestic worker rights at the Solidarity Center.
Climate change and environmental degradation have exacerbated gender inequality and worsened existing inequities resulting from resource scarcity, conflict and climate-related shocks. Women workers—particularly those in the informal economy—bear significant burdens due to the impacts of the climate crisis.
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Trade union women, activists and advocates gathered on March 17 for a virtual panel to discuss the impacts of climate change on women workers and the importance of their inclusion in developing climate solutions. The panel was sponsored by HomeNet International, HomeNet South Asia, International Trade Union Confederation (ITUC), Rutgers Center for Women’s Global Leadership (CWGL), StreetNet, Women in Informal Employment: Globalizing and Organizing (WIEGO), the Global Alliance of Waste Pickers and the Solidarity Center.
Sonia Mistry, Solidarity Center Global Lead on Climate Change and Just Transition, moderated the panel. She framed the discussion, saying, “There is no denying that the impacts of climate change are already being felt around the world, with many of the worst impacts being experienced by those who have contributed least to the problem.” Mistry outlined the panel’s objectives, including highlighting the impact of climate change on women workers, emphasizing the role of workers and their organizations as critical partners in driving worker-responsive climate solutions, and recognizing that climate action requires coalition-building across social movements.
Navya D’Souza, Regional Coordinator for HomeNet South Asia, spoke about how climate change affects women workers in South Asia, where her organization represents 900,000 workers, 95 percent of whom are women. “Climate change is also a very, very gendered issue,’ she said. And home-based workers are seeing “an exponential increase in their already unfair burden of care work. This affects their ability to participate in the labor market.”
D’Souza said climate change also means more dangerous working conditions for home-based women workers. “Heat is rising, and because heat is rising, it affects our productivity,” she said. “We cannot work when it is too hot, and in urban settings, we live in crowded slum settlements. There is no respite from the heat, and we can’t go outside and work because it’s hot outside as well.”
D’Souza said HomeNet South Asia studied the impacts of climate change in South Asia by reaching out to 200 women across five locations in Bangladesh, India and Nepal. The study found that:
66 percent reported a loss of income due to heat and water stressors.
33 percent reported health implications, such as waterborne diseases, and increased healthcare spending.
47 percent reported an increase in unpaid care work, making it difficult for them to operate in the labor market.
A home-based worker focused on tailoring, pearl stringing and applying Kundan stones on fabric work, Sushma Mishra spoke of how climate change has impacted her work. “The roof of my house is made of cement, so it is very hot,” she said. “We face a very difficult situation in cold weather. It is very cold so we have to use electricity when working inside the house. We have to use lights. And there is no ventilation. There are no windows in the house. So that is a major challenge we are facing.”
Due to climate change, the frequency and severity of natural disasters also impact women workers. Albertina Simango, Vice President of Associação da Economia Informal de Moçambique (AEIMO) said, “Here in Mozambique particularly, because of the country’s geographic location, we have been suffering many natural events provoked by climate change. Just to give you an example, in less than 20 years, we have been hit by more than 15 climate events.”
Natural disasters, Simango said, have caused a steep increase in the growth of the informal sector. “Unfortunately, women are the base of the pyramid. The vulnerability of informal women workers is so bad that even children are affected,” she said. “I feel very sad to see women who lose everything they had because of climate events, and afterward they have to have their children negotiate and do business to help support the families.”
Additionally, women workers often work longer hours and face violence and harassment due to traditional gender roles.”They have to work very, very long hours to support their families. Some of them have to work 18 hours a day. This means getting up at 5 a.m. when it’s still dark and going back home at 9 p.m.”
According to Rina Begum, President of the Bangladesh Waste Pickers Union, environmental workers like waste pickers get short shrift. “Waste pickers keep the city clean, but they don’t get good prices. We have no value. If the government provided jobs, we could have a better life.”
In Brazil, Carmen Helena Ferreira Foro, secretary-general, Central Única dos Trabalhadores (CUT), said that the effects of climate change are exacerbated by industrial projects that do not consider the impact and are slow to benefit indigenous populations. “Everything is interconnected,” Foro said, “deforestation, water problems, rains — all the causes and effects of climate change impact the livelihoods of indigenous populations.”
“I am a family farmer from a part of the Amazon. I have to daily live with large projects in the Amazon region. They do not consider people’s lives. They exploit them and never redistribute the meaning of this energy,” she said.
“It took us 20 years to get any energy after they built a dam,” she said. “And now we are undergoing a new phase of building a waterway in the same river that was already affected.”
Sharon Bhagwan-Rolls, Regional Manager of the Shifting the Power Coalition, wrapped up the discussion by emphasizing the importance of including women workers in planning responses to climate-related disasters. “We’ve been working to ensure that women who have the knowledge, skills and capacity can articulate their needs and be at the table as they want to, and to be able to lead in disaster planning and response.
“The response aspect of disaster management is critical because the economic strategy, the recovery strategy, is vital at that stage,” Bhagwan-Rolls said. “The post-disaster needs assessment requires the feminist analysis, requires the visibility of women, particularly women workers in all the diversities presented by the speakers today.”
Workers in the informal economy, with assistance from legal advocates, have won protections and respect for their rights at work through a variety of legal strategies, both within and outside of labor law.
In the latest issue of the Global Labour Rights Reporter, case studies highlight the ways workers and their advocates have been fighting to ensure protections on the job in the informal sector, and the complications that arise from these efforts.
The journal, a project of the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network, is a forum for labor and employment law practitioners who grapple with the legal and practical issues that directly affect workers and their organizations. Articles feature migrant domestic workers in the Gulf, waste pickers in Colombia, digital platform workers in Brazil, agricultural workers in Jordan and street vendors and transport workers globally. There, unions and other worker representative organizations are developing laws and policies to ensure informal workers receive the same social protections that formal workers enjoy.
The International Labor Organization estimates that 61 percent of the world’s workers are in the informal economy—approximately 2 billion workers worldwide. They have been consistently excluded from legal recognition and protection, often due to deliberate policy choices driven by discrimination based on race, caste, sex, gender, ability, age, migration status and more. The number of informal workers has only increased during the COVID-19 pandemic as businesses closed and governments fell short in creating policies that fostered formal job creation.
“[Is] labor law the only solution to informality? The answer is no, though this does not mean that labor law concepts cannot be helpful in shaping solutions,” according to Jeffrey Vogt, Solidarity Center’s director of rule of law and chair of the ILAW Network, and Marlese von Broembsen, law program director for Women in Informal Employment: Globalizing and Organizing (WIEGO), in the journal’s opening note. Advocating for coverage by labor law might be an effective strategy where workers in the informal economy are rendering a personal service for another. However, in cases where there is no notional employer, workers have adopted other strategies, including to negotiate agreements with municipal authorities to be afforded certain rights and/or be included in protection schemes, or engage in constitutional or human rights litigation.
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“We still find that employers find very clever ways in which to create vulnerability in the workplace,” said Nomzama Zondo, executive director of the Socio-Economic Rights Institute of South Africa, speaking this week at a panel in South Africa. 
