Feb 4, 2021
Teachers carried out protests throughout January against a government crackdown on their fundamental freedom to strike, with rallies at the Ministry of National Education and Vocational Training in the capital, Rabat, and across the country. Teachers also are protesting the working conditions of contractual teachers and the Ministry of Education’s refusal to engage in social dialogue.
The CDT is calling for nationwide protests February 10 around education worker demands. Credit: CDT
Morocco’s constitution has protected the right to strike since 1962, but the government seeks to revise the country’s labor law by adding significant obstacles to the right to strike, in violation of Morocco’s international legal obligations. Unions are calling on the government to engage in real social dialogue to develop legislation consistent with international law.
“These abusive measures constitute a flagrant violation of the constitution, of the guarantee of the right to strike and of national laws, as well as against international conventions that consider the right to strike a fundamental part of freedom of association,” the Democratic Labor Confederation (CDT) wrote in a December letter to Educational International. The global federation, Education International, strongly supports the CDT and the National Union of Teachers (SNE) in their efforts to push back against the government’s moves to limit essential worker rights.
The government also barred a planned December 22 sit-in on at the Education Ministry headquarters in Rabat, citing exceptional circumstances and the law on health emergencies. Union members and leaders called the ban illegal and said security service used force to disperse them before they could reach the Ministry’s headquarters.
The January actions follow a series of rallies and sit-ins across Morocco last fall, including a national general strike on December 1 and 2, as teachers protested the government’s move to reduce their seniority and promotion opportunities and its replacement of full-time teachers with teachers on contract who are paid lower wages and have no job security.
Education Officials Refuse to Meet with Teachers
Morocco’s workers and their unions have been left out of discussions regarding management of the COVID-19 crisis and educational continuity, according to the SNE-CDT. The union says the ministry has not fully addressed health and safety conditions for teachers, education support staff and pupils.
Education ministry officials have frozen dialogue with teachers, last meeting with them in February 2019. One of the union’s fundamental demands is for the government “to open a serious and responsible dialogue on the outstanding demands from 2014 to today, and the respect of trade union freedoms and the right to strike.” Among the unresolved issues are improved wages, a voice for teachers in the education reform process, investment in public education, teacher training and more staffing to lower classroom size.
In early January, the CDT also spoke out against the ministry’s unilateral decision to cancel upcoming examinations for middle and high school students due to the pandemic, highlighting another example of how the education ministry fails to involve the representatives of teachers and other employees of the public school system in decision making.
More Teachers on Contract, with Few Rights
In early 2019, a government decree removed the option of workers with renewable two-year employment contracts to integrate into the public sector, a move that means contract teachers have no access to fair wages and social benefits like pensions, health care or job security. The CDT has sought to replace fixed-term contracts with permanent employment.
The number of fixed-term teaching contracts is increasing in Morocco and undermines the core notion of public service. The change grants the government a waiver on its obligations, according to a recent CDT field study on the future of work in the education sector, carried out in collaboration with the Solidarity Center. “Some of the direct results of casualization, as identified through the study, include instability, precariousness, dissatisfaction and lack of confidence in the profession’s future,” the CDT notes.
The study also finds an increasing number of women in all levels of the education system, and the future of work in the education sector must address this shift, says Younes Firachin, a member of the National Office of the National Education Union. That requires unions “to fully grasp these transformations” to effectively reach them and address their concerns, he says.
Employees throughout the public education system, frustrated by the lack of attention to their terms and conditions of employment, increasingly are joining the protests. On January 27, many who provide assistance to young children in kindergarten and primary school rallied in Rabat.
The CDT also announced a series of nationwide protests set for February 10 to mobilize administrative and technical assistants to call for their recognition by the Ministry of Education and Morocco’s public school system.
Feb 3, 2021
Labor lawyers and other worker rights advocates from around the world took part in the launch of a new law journal dedicated to advancing justice for workers.
The Global Labour Rights Reporter, a project of the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network, intends to be a global forum for labor and employment law practitioners, who also will grapple with the legal and practical issues that directly affect workers and their organizations.
The journal “gives us the language to fight our battles, it gives us the language to discuss our struggles”—Paapa Danquah
Authors who contributed to the first issue, with its theme, “access to justice,” yesterday shared their contributions to the journal, which includes 10 articles and is available online in English, French and Spanish.
“The labor movement is about expanding justice for all workers,” Solidarity Center Executive Director Shawna Bader-Blau said in opening remarks. “The network is the first effort to bridge and build a pro-labor network of lawyers that has labor justice at its heart.”
The journal “gives us the language to fight our battles, it gives us the language to discuss our struggles,” said Paapa Danquah, legal officer for the International Trade Union Confederation (ITUC).
The Solidarity Center launched the ILAW Network in December 2018 as a global hub for worker rights lawyers to exchange ideas and develop strategies to best represent the rights and interests of workers and their organizations. Since then, more than 600 hundred individuals and organizations from more than 70 countries have joined.
Justice Delayed, Justice Denied
Ensuring reparations are efficient and timely is key to achieving worker justice, says Matías Cremonte. Credit: Solidarity Center
Several participants discussed workers’ lack of access to courts and the legal process as a major block for workers attaining justice.
For instance, it took 22 years to get a judgment in the case of a manufacturing plant in Brazil, where 60 workers were killed, 59 of them women, said Matías Cremonte, regional vice-president of the Latin American Association of Labor Lawyers.
“When it came time to enforce the decision, it couldn’t be done because the conditions don’t exist anymore,” he said. “Unjustified backlogs and delays by the government led to very profound damage.” Ensuring reparations are efficient and timely is key to achieving worker justice, he said.
Cremonte and María Paula Loranzo co-authored “The Right to Fair and Satisfactory Working Conditions: Risk Prevention and Access to Justice,” which explores workers’ access to compensation for occupational safety and health violations in Argentina, especially since the COVID-19 pandemic.
Raisa Liparterliani shared how unions in Georgia succeeded in restoring many worker rights that were eliminated. Credit: Solidarity Center
In addition to the institutional and practical challenges the judiciary faces, “it is not uncommon that employers will maintain a blacklist of the so called unwanted and dangerous—those who have applied to court to defend their rights,” Raisa Liparterliani, deputy chairperson of the Georgian Trade Union Confederation, wrote in the journal.
Speaking today, Liparteliani also documented concrete measures to address worker rights, sharing how unions succeeded in restoring many worker rights that were eliminated during 2005 reforms.
Discussing his article on Zimbabwean court practices, scholar Munyaradzi Gwisai said limited access to courts has denied workers a cornerstone of labor justice. “You can have rights in the constitution and labor rights, but they can be frustrated by the judiciary.”
Holding Global Supply Chains Accountable
By bringing together labor lawyers and worker rights activists, the Global Labour Rights Reporter seeks to share new strategies for ensuring worker justice, and Avery Kelly at the Corporate Accountability Lab described one such effort to enforce the legal rights of garment workers and others in the corporate supply chain.
The program, which sought to address the lack of enforcement in supplier codes of conduct, involved 14 U.S. companies, including major apparel brands, signing contracts giving supply chain workers legal rights to enforce the supplier codes of conduct. Kelly and her co-authors documented the case study in their journal article.
Jan 28, 2021
Unionized workers on Guatemala banana plantations earn more, work fewer hours, face less sexual harassment, and have safer workplaces, including during the Covid-19 pandemic, according to a Solidarity Center report. (The report also is available in Spanish.)
“What Difference Does a Union Make? Banana Plantations in the North and South of Guatemala” finds that non-unionized workers in the country’s south earn less than half the hourly pay of unionized workers in the north, while working 12 hours per week more. Thirty-nine percent of all bananas sold in the United States are produced in Guatemala.
Working conditions are very similar to modern slavery at the two-thirds of Guatemalan banana plantations not unionized, said César Humberto Guerra López, national secretary of labor and conflicts for SITRABI (Union of Banana Workers of Izabal). “The Labor Ministry and the courts are guardians of business interests, they are not on the side of the workers.” Guerra spoke at a Solidarity Center panel event yesterday to discuss the report’s findings. (Watch the full event here.)
While plantation workers in the North on average are paid $2.52 an hour, those along the Pacific Coast in the south are paid $1.05 an hour, said Mark Anner, director of the Center for Global Workers’ Rights and professor of labor and employment relations at Pennsylvania State University. Anner is author of the report, which surveyed 210 workers between September 2019 and March 2020.
“Workers without trade unions around the world, and Guatemala in particular, have lower paying jobs, more dangerous jobs, jobs with abuse and fewer rights,” said Solidarity Center Executive Director Shawna Bader-Blau in the panel’s opening remarks. “So what difference does a union make? It makes all the difference to workers in Guatemala.”
Far More Sexual Harassment at Nonunion Banana Plantations
Irís Munguía discussed the challenges women on banana plantations face when they don’t have a union to advocate for their rights. Credit: Solidarity Center
In one of the report’s most notable findings, 59 percent of women surveyed in non-union banana packing plants say they face sexual harassment and other forms of gender-based violence at work compared with 9 percent of women at unionized packing plants. Non-union workers are 81 percent more likely to face verbal abuse than union workers.
“If a woman reports someone who is harassing her, that woman could be fired. Because he’s the boss and we are the workers,” Irís Munguía said, speaking through a translator. Munguía, women’s coordinator of the Honduran Federation of Agro-industrial Unions-FESTAGRO, was the first woman coordinator of COLSIBA, the Latin American coordinating body of agricultural unions.
The report cites Carmen, a SITRABI union leader, who says sexual harassment and other forms of gender-based violence are much lower in unionized facilities because unions hold employers accountable. “If a man touches me, I can inform the company. Managers have been fired [for sexual harassment]. There is more respect now. And if someone doesn’t respect us, the issue goes to the union-management committee.”
Banana Workers Killed for Seeking to Form Unions
Workers have not formed unions in the south because “there is fear, panic to organize in a union,” according to Guerra. He said that when workers in the southern region last attempted to form a union in 2007, one union leader was killed and the daughter of another union leader raped, while other union activists received threats. “The consequences of fear continue to be very palpable for the workers,” he said.
Anner said his research found that between 2004 and 2018, 101 union activists were killed in Guatemala for trying to form unions and achieve decent work. The majority of those murders took place in the Southern part of Guatemala, in the regions where non-union banana plantations have expanded in the last two decades.
With no unions to champion worker rights, banana plantations and packing plants in the south do not comply with laws limiting working hours, regulating wages or ensuring safety, Guerra said. Workers labor 12 hours a day, Monday through Saturday.
Agricultural and production facilities have moved work to the south to pay the lowest wages. As the report makes clear, the root causes for the push for low wages goes to the top of the supply chain. “Fruit companies no longer wield power in the production process, that power is slowly being displaced by mega supermarkets that constantly look for ways to squeeze prices,” the report says.
“Wal-Mart requires such low prices that multinational corporations are pushing the directly owned facilities in the north to outsource to the south,” Anner said. And that means seeking out plantations in a nonunion region where wages are brutally low.
The report also finds that all production facilities that engage in worker rights violations have been inspected by private certification programs, including by Global G.A.P. and Rain Forest Alliance. “Management tells workers what to say to the certification inspectors before the inspectors arrive,” the report finds.
The Union Difference
Guerra and Munguía, long-time union leaders who began working on banana plantations in their teens, shared their successes in helping workers achieve their rights through unions.
In the north, SITRABI has 17 negotiated collective agreements, and wages at one plantation, a Del Monte subsidiary, are three to four times higher than at non-union facilities, Guerra said.
Munguía described a landmark regional agreement COLSIBA negotiated with Chiquita that ensures zero tolerance for sexual harassment and gender-based violence at work. The agreement covers banana workers in Costa Rica, Guatemala, Honduras and Panama. The agreement shows “the importance and the great difference in belonging to the union and not being unionized.”
“Dignity on the job and just livelihoods—this is something we can reach only through union organizations,” Munguía said.
Joell Molina, Solidarity Center trade union strengthening director, moderated the panel. The report was commissioned by the Solidarity Center under the USAID-funded Global Labor Program and written by Center for Global Workers’ Rights/School of Labor and Employment Relations at Penn State University, is co-published by the Center for Global Workers’ Rights.
Jan 11, 2021
In an historic judgment, the South African Constitutional Court in mid-November recognized that injury and illness arising from work as a domestic worker in a private home is no different to that occurring in other workplaces and equally deserving of compensation. Beyond recognizing occupational hazards in the home, the decision also recognized the broader harm wrought by the invisibility of gendered, racialized work in the privacy of homes in the context of post-colonial and post-apartheid South Africa.
In the case of Mahlangu and Another v Minister of Labor and Others, the South African Domestic Service and Allied Workers Union (SADSAWU), with support from the Solidarity Center, challenged the constitutionality of provisions of the Compensation for Occupational Injury and Illness Act (COIDA), which precludes domestic workers employed in private homes from making claims to the Compensation Fund in cases of illness, injury, disablement or death at work. The Constitutional Court agreed that this exclusion violates rights to social security, equality and dignity, and it made this finding retroactively applicable from 1994, the date the South African constitution was enacted. In so doing, the court articulated a theory of intersectional discrimination and moved forward its own jurisprudence on indirect discrimination, infusing the right to social security, dignity and retrospective application with an intersectional analysis. It also reframed the narrative on domestic workers: no longer invisible but “unsung heroines in this country and globally”(paragraph 1).
The judgment gives a central role to international law, and establishes that “in assessing discrimination against a group or class of women of this magnitude that a broad national and international approach be adopted in the discourse affecting domestic workers“(Paragraph 42). It continues that, under international law conventions, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the exclusion of domestic workers from COIDA is inexplicable.
The court found that COIDA is a form of social security because the inability to work or the loss of a breadwinner’s support as a result of the COIDA exclusion, traps domestic workers and their dependents in cycles of poverty. According to the court this exclusion is unreasonable because it did not take into account the needs of the most vulnerable members of society, particularly those who experience compounded vulnerabilities arising from intersecting maltreatment based on race, sex, gender and/or class. It concludes that there is no legitimate objective to the exclusion, rather it entrenches patterns of disadvantage.
This case could be easily disposed on grounds of direct discrimination, since the majority found the exclusion irrational and arbitrary, and therefore constitutionally invalid. However, the case provided the court with a unique opportunity to interpret constitutional provisions on indirect discrimination, using an intersectional framework: Domestic workers “are predominantly Black women … and discrimination against them constitutes indirect discrimination on the basis of race, sex and gender” (paragraph 75). It goes on to find that discrimination on the grounds of race, gender and sex are not only presumptively unfair “but the level of discrimination is aggravated”(paragraph 73).
The court took the opportunity to enunciate a theory of intersectionality, which considers the social structures that shape the experience of marginalization, and the convergence of sexism, racism and class stratification. Viewed historically, the racial hierarchy established by apartheid, placed Black women at the bottom of the social hierarchy and relegated them to low-skilled and low-paid sectors of the workforce, such as domestic work. This sector was and is predominated by Black women and remains the third largest employer of women in South Africa. Yet it continues to be characterized by poverty-level salaries and poor living conditions, in which domestic workers are deprived of their own family while caring for that of their employers. As a result, the court found that domestic workers are a “critically vulnerable group of workers,” declaring the COIDA exclusion invalid both at an individual and group level (paragraph 106).
Background
The case centers on Maria Mahlangu, who was employed as a domestic worker in a private house for 22 years. According to her family, she was partially blind and could not swim. In March 2012 while at work, she fell into her employer’s swimming pool and drowned. When Mahlangu’s dependent daughter approached the Department of Labor for compensation, she was told that she was precluded from doing so under COIDA. Then SADSAWU organizer Pinky Mashiane read about the incident in a newspaper and approached the family to see how she could assist.
In 2013, the Solidarity Center embarked on a research project under a USAID grant to examine domestic workers’ socioeconomic rights in South Africa, which culminated in a list of domestic worker issues requiring urgent law reform. At the top of this list was inclusion of domestic workers in COIDA. Indeed, the issue had been on the agenda since 2001, without legislative reform being passed.
At the same time the Solidarity Center was looking for a litigant to challenge COIDA’s constitutionality. Pinky Mashiane—after having been turned down by multiple lawyers and law centers—was looking for a remedy to assist Mahlangu’s family. The Solidarity Center approached lawyers in South Africa as well as SADSAWU leadership with the proposal to litigate this case in constitutional terms, with financial support. Beginning in 2015, the case wound its way through the South African court system, litigated before the Constitutional Court by lawyers from the Social and Economic Rights Institute (SERI).
The case benefited from sustained advocacy at global and local levels. In 2019 , the Solidarity Center and partners brought the issue of domestic workers’ exclusion from COIDA before the United Nations Committee on Economic, Social and Cultural Rights, which was considering South Africa’s compliance with treaty obligations. In its concluding observations, cited in the Constitutional Court’s decision, the Committee recommended that South Africa include domestic workers in COIDA. Similarly, in the early stages of litigation, the amicus, the Gender Commission of South Africa, expressed frustration at the almost complete absence of information on the types of injuries and illnesses arising in the context of domestic work in private homes. To fill this vacuum, Solidarity Center commissioned qualitative research consisting of in-depth interviews with domestic workers around the country, describing the types of injury and illness occurring in the context of the home. After the COVID-19 pandemic broke out, which had severe consequences for domestic workers, domestic worker unions and partners also put together a petition to try and propel the legislature to include domestic workers in COIDA. Most significantly, at each of the numerous court hearings, the domestic worker unions and groups maintained a constant presence at the court, and in the media, insisting that the death of Maria Mahlangu not be in vain.
Far-Reaching Impact
When Solidarity Center initially proposed constitutional impact litigation on COIDA, it was with the hope that a successful outcome in this case would serve three purposes: obtain much-needed relief for domestic workers who were outside of COIDA’s purview; strengthen domestic worker unions; and create an important precedent that would lay the foundation for jurisprudence on domestic workers that could serve as a global marker.
The Mahlangu decision will clearly achieve the first as it removes the legal obstacle to domestic workers claiming compensation, with immediate and retrospective effect. Meanwhile, the long road to Mahlangu has also strengthened a growing coalition of unions and NGOs that have articulated their claims effectively in all forms of media. The fact that after 26 years of democracy, Mahlangu is the first case brought by the domestic worker union to the apex court of South Africa and guardian of constitutional values is a significant milestone.
Yet, perhaps the greatest import of Mahlangu might lie both in its precedent and in the paradigm it establishes to conceptualize domestic work. Using international human rights norms as a reference point, the court sets up an approach on domestic workers as a category, which stands to benefit domestic workers in South Africa and beyond. It also reasserts the goals of transformative constitutionalism as “undoing gendered and racialized poverty” and insists that an intersectional and historic lens is essential to the achievement of structural and systematic transformation. Indeed, the adoption of a historical lens allows the Court to reframe the narrative of domestic workers and their place in South Africa’s constitutional democracy: no longer powerless and invisible, but foundational toSouth Africa’s constitutional project. This reframing is captured eloquently in the concurring judgment of Justice Mhlantla who asserts that these Black women are smart, creative and survivors; who frequently work in environments that are emotionally and physically challenging, and which carry vestiges of South Africa’s colonial and apartheid past. She concludes: “On the contrary, they have a voice,” and according to Justice Mhlanthla J (paragraph 195) as well as the substance of majority judgment, the Constitutional Court is “listening.”
Dec 10, 2020
As garment factories shut down in Bangladesh during the novel coronavirus pandemic, leaving workers without wages or access to support services, unions and Worker Community Associations (WCAs) around the country rapidly shifted to address the crisis, with Worker Community Centers (WCC) serving as a lifeline for workers, their families and their communities.
The community associations and centers are part of an ongoing USAID-funded Solidarity Center Workers’ Empowerment and Participation project (WEP) launched in 2019 to improve working conditions for workers in the ready-made garment and shrimp and fish processing sectors in Bangladesh. The project builds on the strong foundation WEP established between 2015 and 2019.
In July, the Solidarity Center delivered 30,000 COVID-19 awareness leaflets to its partners in Dhaka and nearby Ashulia, Gazipur, Narayanganj and Savar; as well as Chattogram, Jashore and Khulna. The pamphlets, distributed to thousands of workers and community members by WCC coordinators and union federation organizers, highlight key safety measures during the COVID-19 pandemic, such as proper hand washing, social distancing and wearing masks at all times when outside the home.
“It’s important for us to do our part to get accurate information to everyone in the community to help stop the spread of this deadly virus,” says Rita Saha, WCC coordinator in Rupsha. “Our WCC leaders and members have extensive networks, and we love raising awareness and helping our community.”
Ensuring Fair Wages, Decent Working Conditions
When AFCO garment factory closed during COVID-19, workers received unpaid wages due to their union’s efforts. Credit: Solidarity Center
Even as WCCs and unions distributed resources, including food baskets to families of furloughed garment workers during Ramadan, they carried on the crucial work of ensuring workers receive fair pay during factory shutdowns.
As AFCO Abedin Garments Ltd. got set to permanently close in April without paying workers’ back wages, the Garments Workers Solidarity Federation (GWSF) launched negotiations with management and encouraged the Department of Inspection for Factories and Establishments and the Bangladesh Garment Manufacturers and Exporters Association to intervene. Ultimately, factory management agreed to pay the workers 60 percent of their April salary, one month’s base salary and 60 percent of the base wage for each full year of service. Eligible workers also will receive seven days’ annual leave.
In June, Hop Lun Apparels Ltd., Sammilito Sramik Union (HLALSSU) successfully negotiated a 24-point collective bargaining agreement with factory management covering more than 2,000 workers.
Union members at Hop Lun garment factory negotiated a contract that addresses gender-based violence at work. Credit: Solidarity Center
“When we submitted demands and negotiated with management, we gave special emphasis on the issues of women,” says Aklima, factory union president. “The guarantee of promotion of women to higher posts and the establishment of sexual harassment committee will empower the women and provide safeguards against sexual abuse and harassment in our factory.”
Training, Legal Support
The Workers’ Empowerment and Participation program also carried out leadership training and legal support that included advising more than 450 workers and winning $10,835 in court for 41 workers. Additional accomplishments over the past year include:
- 27,213 workers covered by unions in more than 200 factories
- 104 women elected to leadership positions
- 2,209 new community members actively participating in Worker Community Associations
- 21 new unions and worker-driven organizations in the garment and shrimp processing sectors and 12 new garment unions registered
- 39 worker-leaders trained in achieving gender equality or women’s empowerment at public and private organizations
“The WCC training sessions helped make me more confident and brave, and have helped me understand gender-based violence and harassment,” says one woman garment worker. “This has made it easier for me to handle tough situations at my workplace and in the community.”
Find out more about the Workers Empowerment Project.
