Thursday, 12 June 2014
nairobi domestic workers
The Solidarity Center supports domestic workers' efforts to win their rights on the job and develop long-term policies for promoting decent work. Solidarity Center programs have helped partner organizations develop organizing strategies, advocate for policy change, and support international efforts to promote a standard-setting international convention on domestic work.
Around the world, domestic workers provide vital services for their employers including cleaning, cooking, caring for children and the elderly, repair and maintenance work, gardening, driving, and caring for household animals. Their work is a valuable social and economic foundation—allowing their employers to balance work and family obligations.
Domestic work plays an increasingly noticeable role in the global economy. According to the ILO, the worldwide demand for domestic work has resulted in a steady increase in these jobs over the past two decades. The ILO now estimates that there are “tens of millions” of domestic workers in the world today. Among this number there are a large and increasing number of migrant domestic workers and children under the age of 18.
Poor and often far from home, the overwhelming majority of domestic workers are young women who view the work as an opportunity to earn a living, but too often find themselves vulnerable to abuses—from low wages and long hours to physical abuse and human trafficking. Despite their growing numbers, their poverty, low social status, and isolation put distance between them and the political and social structures that could support them
The trade union movement has increasingly lent its strength to support calls for domestic worker rights. Established trade unions are joined in many places by nascent domestic worker unions who are developing innovative organizing models and advocating at all levels of government to bring domestic work out of the shadows through access to social services and labor law protection.
The Solidarity Center supports these trends by encouraging the innovative attempts of partner organizations in the Dominican Republic, Haiti, Indonesia, and Kenya to empower an entire sector of workers, while linking support for their organizing and advocacy efforts to a larger, global movement. Oretha Tarnue: Mobilizing, Empowering Liberian Domestic Workers. March 6, 2014—Oretha Tarnue, vice president of the United Workers Union of Liberia (UWUL) and a former domestic worker, is spearheading a drive in her country to organize domestic workers who, like their counterparts elsewhere, are routinely exploited by their employers.
South Africa Domestic Workers Strategize with U.S. Counterparts. December 2, 2012—Eight domestic workers from South Africa gathered with their American sisters and brothers from the United Domestic Workers of America (UDW)/AFSCME in San Diego on one of their first full days in the United States.
Report Chronicles Rise of Domestic Workers. October 29, 2013—Despite the many obstacles they face, domestic workers worldwide have made huge strides in securing rights and respect on the job by joining together in unions and associations, according to a new report.
Domestic Workers Receive Human Rights Award. September 9, 2013—At least 50 domestic workers from seven countries marched into the main hall at the AFL-CIO quadrennial convention in Los Angeles Sunday, singing their signature song, to accept the George Meany–Lane Kirkland Human Rights Award.
Domestic Workers Worldwide Now Covered by Labor Law. September 5, 2013—Beginning today, millions of domestic workers worldwide have basic labor rights, as the International Labor Organization (ILO) Domestic Workers Convention officially comes into force.
Kenya: Court Rules Domestic Workers Covered by Employment Law. May 6, 2013—Employers in Kenya now must abide by the verbal contracts they make with domestic workers, following a landmark ruling by the nation’s high court that also effectively places domestic workers under Kenya’s employment law.
Kenya: A Commitment to Unionize Informal-Sector Workers. January 29, 2013— In Kenya, where the informal sector accounts for 80 percent of employment and contributes 25 percent to the nation’s gross domestic product (GDP), union outreach is helping give these workers a voice on the job.
"12 by 12" Campaign: Uruguay First Country to Ratify C189. April 26, 2012—Trade union activists, as well as domestic workers, are thrilled to see a breakthrough in the "12 by 12" campaign: Uruguay made history by being the first country to ratify International Labor Organization (ILO) Convention No. 189 (C189), Decent Work for Domestic Workers.
Kenya Union Launches Organizing Manual for Domestic Workers. January 27, 2012—With support from the Solidarity Center, the Kenyan domestic workers union KUDHEIHA recently developed an organizing manual specifically for domestic workers.
domestic workers,kenya
Domestic Work in Kenya
Who is a Domestic Worker?
A domestic worker includes a cleaner, cook, gardener, nanny and housekeeper.
What does the national law say about Domestic Workers?
Kenya passed the Domestic Workers’ Law in June 2011 following the decision of the Ministry of Labour to adopt the International Labour Organisation convention on domestic workers, who include cleaners, cooks, gardeners, nannies and housekeepers. The ILO Convention 189 declares that domestic workers are entitled to the same basic labour rights as other workers. In this spirit Kenya passed the law supposedly to improve wages and working conditions for Kenya’s domestic workforce, thereby affording domestic workers greater job security and wages to support their families.
What is the Minimum Wage for Domestic Workers?
Minimum wage for domestic workers is included in the Regulation of Wages (general) order in which a domestic worker in cities should earn a minimum monthly salary of KES8, 580; KES 7,916 in municipalities and KES 4,577 in other areas.
What other benefits can Domestic Workers receive under law?
Under Kenyan law, domestic workers are entitled to two days of rest every week and an annual leave of 21 days with full salary, sick leave, and maternity leave benefits; health care coverage; and a safe workplace. But in practice these legal protections are often not enforced.
Can employers be penalised for non-compliance?
Section 87 of the Employment Act, 2007 defines a penalty for those who do not comply with the law as being liable to six months imprisonment or a fine of 50,000 shillings. Also, employers who fail to remit National Hospital Insurance Fund (NHIF) deductions for their domestic workers, risk incurring a monthly penalty amounting to five times the contribution.
Where can the domestic worker complain in case of a problem?
As any other worker, the law provides for an aggrieved domestic worker to complain to the labour officer, or lodge a complaint in the Industrial Court (section 86 (1) (c) of Employment Act.
Is there a union for Domestic Workers?
Yes, there is the Kenyan Union of Domestic, Hotel, Educational Institutions, Hospitals, and Allied Workers (KUDHEIHA).
domestic worker-nairobi kenya
KENYA: Domestic workers often do more than housework
When Nora Adikis, 21, started working as a housekeeper for a family in the Kenyan capital, Nairobi, she expected to cook, clean and look after their young children; not that she would have to regularly have sex with her employer.
"He would force me to have sex with him; every time he would sleep with me without a condom and this went on for two years," she told IRIN/PlusNews. "He threw me out when I told him I was pregnant; I realized later that I had not only left that house with a pregnancy but also HIV."
Five years ago, when she was 16, Adikis had been brought to the city to work for the family by an aunt after the death of her parents forced her to drop out of school. Her employers paid 800 Kenyan shillings a month (US$10), but the money was sent directly to her aunt.
After losing her job, she found shelter at a local church and started antiretroviral (ARV) treatment; her employer has never been charged with rape or for employing a minor - people are legally allowed to work in Kenya from the age of 18.
There are more than one million domestic workers in Kenya, according to the Centre for Domestic Training and Development, which fights for their rights and welfare. Most are employed on a casual basis, meaning that the terms of employment - including salary, time off and medical insurance - are largely determined by the employer.
Salaries are sometimes so low that they are forced to seek additional sources of income, including sex work; those forced out of their employer's home after being raped may resort to sex work as the only way to survive.
"While I have never had sex with my boss, I have been having it with other men in the neighbourhood to earn more money when my bosses are away at work," said Lillian mjoki*, 17, a domestic worker in Nairobi. "Most of them assume that I am confined [to the house] and therefore do not have sex with many people, [so] they rarely use a condom with me."
Maureen Murenga, a programme officer at Women Fighting AIDS in Kenya (WOFAK), a local NGO, said condom use among domestic workers was generally low. "Most of the time domestic workers have sex it is unplanned, so condom use is non-existent; furthermore, few of them know about post-exposure prophylaxis [ARV treatment that prevents HIV infection after intercourse] and so most of them do not seek these services."
Labour laws not implemented
Kenya has legislation to protect the rights of domestic workers but it is rarely enforced, and few of the women know about the existence of the Kenya Union of Domestic, Hotel, Educational Institutions, Hospitals, and Allied Workers (KUDHEIHA), which was set up to protect their rights.
"Most domestic workers are unskilled, have poor education and do not even know that they have rights within the law," said Irene Opiyo, a labour policy consultant who would like to see a more user-friendly system of legal redress put in place for domestic workers.
A survey in the Kenyan coastal city of Mombasa in 2009 by KUDHEIHA and the American Centre for International Labour Solidarity found that 77.3 percent of 982 domestic workers interviewed earned salaries below the minimum wage, while 32 percent reported having experienced sexual, verbal or physical abuse.
Building knowledge, building self-esteem
Family Health International (FHI), which works to improve reproductive health worldwide, runs a project to empower domestic workers by giving them information on HIV/AIDS, sexuality and reproductive health, and the skills to manage their personal finances.
Aside from the high incidence of sexual abuse, domestic workers are also at higher risk of HIV because their working conditions make it harder to reach them with HIV prevention messages, and limit their access to social support. Using the church as an entry point, the FHI project has been able to reach the girls and their employers.
"Making information about HIV/AIDS available to these girls and empowering them to boost their self-esteem and self-worth is very important in reducing their vulnerability," said Dr Jane Alaii, an FHI research associate.
Tabitha Gathoni, a domestic worker who participated in the FHI project, commented: "I have more information about HIV than I did before, and through the training I am now able to appreciate both myself and the work that I do. Now, I cannot do with my body what I could easily do before."
*Not her real name
Child domestic workers: A handbook for research and action _maggie black
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family arrangement designed to suit the child's interests, but the outcome of a financial
transaction in which the traded commodity is the child's labour.
Today, many more children and young people work in households which are not
related to their own. Parents and employers see nothing wrong with this -- the job is a
favourable opportunity for the child. Very poor parents are relieved that the child will be
housed and fed. They may hope that the child will strike lucky -- maybe marry someone
rich. After all, many go from rural areas to work in town, where life is supposed to be
much better. The employer, meanwhile, may sincerely intend to look after the child and
attend to his or her interests.
But the actual consequences may be quite different. Child domestics -- especially
where they are living in -- are often very far away from family and home. They are also
under the control of adults whose first concern is not their well-being, but their
contribution to the well-being of the household. The love and care all children ought to
receive, together with other kinds of preparation for adult life than practice in domestic
skills, is missing or cannot be guaranteed. Such children are also likely to be denied the
chance of going to school. And if they are over-worked, neglected or abused, they have
no-one to turn to and may feel isolated and trapped.
When this kind of traditional childhood training becomes a job, therefore, the
child's development may be adversely affected. But at present we can only speculate
about the degree to which this is happening. Without better knowledge, we also do not
know what best to advocate on behalf of child domestics. Should we be discouraging
their employment altogether? Should we be trying to provide them with education or
health services? Or do they most need personal support and a social life? We might like
to invite employers and parents of these young domestics to reconsider whether they are
acting in the children's best interests. But we must first be sure that we have some useful
suggestions to offer.
Recently, NGOs in certain countries have begun to work with, or inquire into, the
situation of children in domestic work. In some cases their concern has been aroused by
cases of abuse which have come to their attention. In other cases concern for working
children generally has alerted them to the practice, and to its potential deprivation of
family life, schooling, liberty, sense of self-worth and other attributes of a healthy
childhood.
Child domestics and international standards
These attributes are spelt out in the UN Convention on the Rights of the Child
(1989). Virtually all countries in the world have now ratified this human rights treaty --
agreeing to abide by the standards it has set for the treatment of children. Children's
employment as domestic workers is likely to preclude fulfilment of a number of their
rights. Therefore, along with the 1956 UN
Supplementary Convention on the Abolition of
Slavery, the Slave Trade and Institutions and Practices Similar to Slavery
, ILO's
Forced
Labour Convention No.29 (1930)
and
Convention 138 on the Minimum Age for
Admission to Employment (1973)
, the UN
Convention on the Rights of the Child
provides
international legitimisation for action on behalf of child domestics.
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Child domestics and rights of the child
W: `According to the UN Convention on the Rights of the Child, the rights of child
domestic workers are rarely respected.'
M: `Where does it say in the Convention that having a girl to work in your house is
wrong?'
W: `It doesn't. That's not how the Convention works.'
M: `How does it work?''
W. `It sets up standards concerning childhood. If a child enjoys all the rights in the
Convention, then that child enjoys a well-protected childhood and one which equips
him or her properly for adulthood.'
M: `But surely a child placed in a good household, learning how to do domestic chores, is
both protected and being prepared for adulthood?'
W: `She's being "protected" by the employer only in exchange for her work. And her
entire "preparation for adult life" is confined to domestic chores. Her other
childhood needs are neglected.'
M: `You mean education, play, making friends, family life and so on. I'm beginning to see
your point.'
W: `Put it this way. Would you regard domestic service as a suitable and well-rounded
upbringing for your own child?'
The rights in the UN Convention on the Rights of the Child which child domestics
do not, or may not, enjoy are as follows:
5
•
The right of non-discrimination, on grounds of ethnic or social origin, birth or
other status (Article 2);
•
The right to be cared for by his or her parents (Article 7);
•
The right of a child separated from his or her parents to maintain regular
contact with them (Article 9);
•
The right to be brought up by parents or guardians whose basic concern is the
best interests of the child (Article 18);
•
The right to protection from physical or mental ill-treatment, neglect or
exploitation (Article 19);
•
The right to conditions of living necessary for the child's development (Article
27);
•
The right to education (Article 28);
•
The right to rest, leisure, play and recreation (Article 31);
•
The right to protection from economic exploitation and from performing any
work that interferes with his or her education or is harmful to his or her mental,
spiritual or social development (Article 32);
•
The right to be protected from all forms of sexual exploitation and sexual abuse
(Article 34);
•
The right not to be arbitrarily deprived of liberty (Article 37).
The need for information
The world is far from perfect and we are a long way from being able to assure that
every child enjoys every right in the UN Convention on the Rights of the Child. Where
families are extremely poor and social attitudes deeply ingrained, it is difficult to chastise
either parents or employers for making a choice for a child which seems to both practical
and even beneficial.
Whatever its rights and wrongs, the practice is likely to continue for some time to
come. Until such time as they can abandon work altogether, improvements in the child
workers' situation -- better status in the household, access to education, social activity,
rest and recreation -- may be the best option. But all these efforts require adequate
information about the children's needs and the circumstances of their employment.
This handbook has been prepared in the hope of encouraging more organisations
and individuals to undertake investigations -- anything from simple interviews to large-
scale surveys -- which would give us a better insight into the situation of these young
workers. Its content has been shaped by a meeting of NGO practitioners with appropriate
experience specially convened for the purpose in early 1996.
Other activists, researchers, NGOs, national and international organisations and
government departments involved in preventing child labour and helping working children
may now be ready to take up the cause of children in domestic employment. No-one
denies that there are difficulties in reaching these child workers, but some of these
difficulties may turn out to be more imagined than real. Hopefully, this handbook will spur
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on would-be researchers and provide them with the tools they need to make their work
productive.
Summary
In spite of the fact that domestic work is one of the largest categories of 'child labour' in
the world and often equivalent to servitude, we know very little about the practice. In
order to act on these children's behalf, research is needed. This handbook explains how
to undertake that research.
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Chapter two
Analysing the situation of children in domestic
employment: Where to start?
Needed: a framework for analysis
When planning an investigation into the situation of children in any kind of special
circumstances -- such as working in domestic service -- it is important to capture all the
ways in which their childhood or adolescence is being adversely affected. As we have
already seen, child domestic workers are experiencing loss of their rights in a number of
ways. The obvious violation is their economic exploitation, as is the case with other types
of child labour. But they may also suffer from neglect, violence or abuse, and lose many
of their opportunities for personal growth as well. An analysis that focuses only on
working conditions, but ignores the way the child is confined inside the household and
misses out on schooling, will not fully indicate the extent of the potential or actual
damage to his or her childhood.
Some researchers into the situation of children in special kinds of circumstances
start out by listing all the Articles from the
UN Convention on the Rights of the Child
which seem especially pertinent, like we did in Chapter one, and use that as a guide.
They then have a complete picture of loss of childhood rights and protections according
to the Convention. This has its uses but as you can see the list it produces is a very
mixed bag. The different types of violations need some sorting out and grouping.
So in this chapter of the handbook, a
framework for analysis
of the situation of
children in domestic service is suggested to ensure that you consider as many relevant
aspects of the child's situation as possible. This kind of 'tidying up' exercise which groups
things to look out for under various headings is designed to help you think through
everything logically and in an organised way. It is not supposed to be an intellectual test -
- everything in this handbook is meant to be practical! But at this stage, do not try to
identify research priorities. These should derive from the actual situation on the ground,
and the process for setting those priorities is described in the next chapter.
The chapter sections look at different aspects of the potentially damaging situation
of child domestics, using a number of illustrative case examples. You will see that it is
difficult to be categorical and that many things overlap. For example, being confined in
the house represents on the one hand a loss of liberty akin to slavery; it also represents
a loss of opportunities to become educated, enjoy a social life and make friends. So bear
these links and overlaps in mind. Sample lists of questions are added to help flag up the
various things you may need to know.
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1. Terms of employment
The terms on which children have been employed are very important in indicating
the degree to which they are at risk of gross exploitation, even to the extent of being in a
condition of servitude, bondage, or slavery.
India
A destitute raised in a foundling home, Jacob was given in adoption to a well-to-do family who had a
daughter but no son of their own. Now, years later, it is obvious that Jacob has been brought up to assume
the role of a perfect domestic worker, with one difference - he is not paid for his labours.
He is required to assist his `mother' in the kitchen, keep the floor and furniture tidy, wash, shop and run
other errands. He has been given a bicycle to help ease his burden while the employer's only daughter is
given a car and he has to clean it for her.
A National Socio-Economic Survey of Domestic Workers
, School of Social Work, Mangalore; Catholic Bishop's
Conference of India, Commission of Labour, Madras, 1980.
Written contracts between employers and domestic workers of any kind in any
place are rare, and in the case of child domestics virtually non-existent. The absence of a
written contract does not necessarily mean bad treatment or gross exploitation. But its
absence puts a child or young person completely at the employer's mercy. Children may
not even be informed of the terms on which they were recruited. Because children are
young and vulnerable, they are heavily dependent on the honesty and goodwill of their
employers to honour their promises regarding pay and other terms and conditions of
work, and to treat them well.
Nepal
Most of the children are unaware of their employment contract, especially when they have been employed
through brokers. Brokers often cheat the parents as well as the child, keeping for themselves the bulk of the
child's earnings. Many children work just for food and shelter and find the idea of payment in cash absurd.
Even when the child is supposed to be paid it is not uncommon for the employers to have the money in
`safe-keeping', promising to buy gold or jewellery. The child may never see the money.
Child Labour in Nepal
, O. Sattaur, ASI/CWIN, 1993.
Even where the child or young domestic has a clearly understood agreement
about pay, they may not receive the wages they have been promised. The child's wage
may be paid directly to their parents, or to the child's informal guardian in the
neighbourhood -- a woman known to his or her family -- by the employer. This person
may also be the recruiter of the child. And this guardian or 'auntie' may also be an
exploiter as well as a carer. Sometimes part of the child domestic's salary is given to her,
in repayment of unspecified travel 'debts' or brokerage fees.
Where there is no-one to champion the child's right to his or her wages, they may
never be received. Employers can decide to withhold payment of wages to a child
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domestic on any number of pretexts. Many do so for breakages or real or imagined bad
behaviour. In the case of girls employers have been known to withhold wages to go
towards a dowry, perhaps because an undertaking has been made to find the child a
husband in due course. Any kind of deferment of wages not only denies the child access
to her own money but also ties the child to her employer.
In certain situations a child of a family unable to repay a debt to a local landlord or
moneylender may be sent to work as a servant in repayment of the debt. This practice is
one manifestation of the practice known as
debt bondage
, a still common practice in
many countries.
Grossly exploitative employment practices need not involve the exchange of
money. Many child domestics (particularly those under the age of 12) have been
given
by parents or guardians to another person to be 'looked after'. This may be called
'fostering' but in reality the child becomes an unpaid servant for the host family -- a
practice also known as `false adoption'. Such children are often the most difficult of all
child domestics to reach because they are regarded as part of the employer's family.
Haiti
In Haiti most child domestics (known as
restaveks
) are given by their parents to an employer to be brought
up. The agreement between the employer and the child's parents is verbal, and is made without consulting
the child. From the time the employer takes the child, contact between the child and her or his natural family
is severed and the child becomes totally dependent on the employer for food, clothing and shelter. The
child, who may be as young as five years old, loses her or his liberty and must work without pay for the
employer's family, often for many years or until the employer no longer requires the child's services. If the
employer's family becomes dissatisfied with `their'
restavek
they may simply turn the child out onto the
street.
Restavek: Child Domestic Labor in Haiti
, Minnesota Lawyers
International Human Rights Committee, August 1990
Terms of employment: things to find out
Is the child paid/unpaid?
10
How much is the child paid? How often?
Does the child her or himself receive the wage? In full?
If the child is not given the full wage, who is it given to? (parents, an `auntie' or other recruiter, or kept by
employer?)
How was the child recruited? (by a friend/neighbour, or by an agency?)
Has any advance been paid to parents for the child's labour? How much?
What are the implications of this advance?
Does the employer ever make deductions from wages? If so, for what?
Are any items given in kind? (eg medicines, clothes) If so, what?
Are presents or tips given? To what value per year?
Was the employment contract oral/written?
What was the agreement that was made?
Who made the agreement? (parents/employer/recruiter/child?)
Are the child's parents clear about the terms of the agreement?
Does the child understand the terms of the agreement?
2. Working conditions
One of the key issues distinguishing domestic work from other types of child
labour is the
24- hour nature of the job
. Because the place of work is the same as the
place of rest, and because -- as we have noted above -- the terms of employment are
likely not to be clearly defined, the child domestic is liable to be on-call day and night,
seven days a week.
After her assigned tasks there are endless errands to be run -- fetching a glass of
water for one member of the household, polishing the shoes of another. During the night
she may be woken up to nurse a sick child, or maybe required to get up just to open the
door for a late arriving member of her employers' family.
Bangladesh - Endless chores throughout an endless day
No matter what the socio-economic conditions of the employing families, age of the domestic workers or
strenuousness of the chores, their daily routine is the same. They wake before anyone else in the
household and are the last to go to sleep. From the employer's point of view and in existing social practice,
this does not seem to be inhuman, but domestic workers must always be prepared to undertake any chore,
light or heavy, at any time of the day or night. When the working child is going out with us, away from the
daily grind, we employers perceive that she is going on an outing, while in reality, her role of a domestic
servant is the same. 24 hours a day, 365 days a year, the domestic worker's status remains unchanging.
Child Domestic Workers: Is Servitude the Only Option?
H. Rahman, SHOISHAB Bangladesh, 1995
Lack of time off.
Real time off is a rarity. A child domestic often has to snatch rest
periods when she can, and sleeping on the job will be penalised. Holidays may be very
rare, often consisting of one visit home per year.
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Hazards.
Child domestics are compelled to undertake repetitive chores, often
unsupervised, which contain risks and dangers. Unsupervised, they are required to:
cook
and serve
-- chopping vegetables using sharp knives, boiling water, lighting fires,
carrying charcoal or wood, dealing with gas;
clean
-- fetching and carrying heavy water
pots, handling disinfectants and other chemicals;
wash and iron clothes
-- bending for
long periods, taking clothes and linen out of boiling water, and operating hot irons;
go to
market
-- carrying heavy bags of groceries, and possibly being exposed to rough
behaviour or sexual innuendo in the street. And these tasks are often undertaken at the
same time as looking after the employer's children -- ensuring that they are free from
danger. Although many of the tasks may not be hazardous under normal circumstances,
fatigue due to long hours of work and interrupted sleep can make even light tasks
potentially hazardous.
Nepal - Hazardous work
There is no limit to the amount or kind of work to which child domestic servants are subjected. They will
wash dishes, on average for six people, at least three times per day. They will hand wash clothes for the
whole family and guests, clean the house, baby-sit, escort older children to and from school and look after
them after school. They will do the shopping, cook the food, tend the garden and look after pets. If there is
any construction work (the addition of a new room or the construction of a well or water tank are not unusual
activities), they will act as labourers, fetching cement and clearing rubble.
Child Labour in Nepal
, O. Sattaur, ASI/CWIN, 1993.
Violence and abuse.
Verbal, physical and sexual attacks or harassment of child
domestics frequently occur. A child domestic may be shouted at or beaten as a form of
discipline or as punishment for working slowly or doing a task poorly. Child domestics are
known to be at risk from sexual harassment and rape by male members of the
employer's household and visitors.
Separate treatment.
While cooking or helping to prepare food for the rest of the
household the child domestic often receives a smaller portion, or be expected to eat
leftovers. Often the child is not allowed to eat at the same time as the family, and may
have to eat alone in the kitchen or bedroom, or even outside the house. During time off in
the evening she may watch television with the family, but sits apart from the rest of the
household. Sleeping arrangements for child domestics are likely to be rudimentary -- in
some cases just a makeshift bed on the kitchen floor. Likewise toilet and washing
facilities for the child are likely to be of an inferior quality to those of the employer's
family. While most employers send their own children to school, the same opportunities
are rarely open to the child domestics in their care.
Peru - Maria
They would give us two rolls to eat with tea. After that I used to go to bed. Meanwhile, they were eating
buttered toast, coffee with milk, steak, and on top of that, grapes, pears, apples and peaches. We had to
take their breakfast up to the second floor. They ate it at a table. We ate in the kitchen and only had tea with
bread. While they had breakfast at seven in the morning, we couldn't do so until nearly ten, once some of
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the work was behind us. We had to cook separately for them. While they were eating good chicken soup,
we would have a watery noodle broth with a spoonful of rice.
Muchachas No More: Household Workers in Latin America and the Caribbean
; E.M. Chaney and M.G. Castro
(eds.), Temple University Press, 1989.
Confinement.
Child domestics spend almost all of their time inside employers'
households, and are often not allowed out during rest periods. Employers are often
reluctant to allow their child domestics from leaving the house, and discourage them from
having visitors, seeing such contacts as a distraction from the child's duties and an
opportunity for the child to pick up bad habits. Often the only chance to get out of the
house and meet others is at the local market or while running errands. In some settings,
the only chance to make friends is on the roof when hanging out washing at the same
time as a servant girl next door.
Working conditions – things to find out
What tasks does the child perform?
What are the hazards involved in the tasks?
Has the child had any accidents? How serious? What happened?
What are the child's working hours?
Does the child have any rest breaks? During the day? During the week?
Does the child have any full days off during the week? During a month?
Does the child have any opportunities for leisure? (in house/away from house) How often?
How often is the child allowed out of the house? For how long?
Does the child get any annual leave? How much?
What are the child's living conditions like?
Where does the child sleep?
What does the child eat? When? How often?
How many members are there in the employer's household?
How big is the house?
What facilities does the house have? (e.g. water and sanitation facilities)
To what extent does the child receive separate treatment? (accommodation/meals/other facilities)
How is the child treated by the employer and members of the family?
How satisfied is the employer with the child?
How is the child disciplined?
3. Socio-economic background
of child domestics
Child domestics are likely to come from poor, often large, rural families, but there
other factors which, depending on the region, determine the likelihood of children working
as domestic servants. There might, for example, be a disproportionate number of
children in domestic service from a certain religious or ethnic group. Local customs which
13
decree that one social or ethnic group is subservient to another may increase the
likelihood of a child becoming a domestic servant. In some countries. children from
indigenous peoples or from nomadic groups are routinely sent to work as domestics in
the households of the majority social group.
Undoubtedly, the poverty of a family and increasing need for cash as a form of
household income are important precipitating factors for sending young members off to
work. Rapid comercialisation and consumerisation of life in countries undergoing
economic transition is linked to the growing market for child domestics.
Breakdowns in traditional family structures through wars, disease or changing
social structures increase the possibility of children being sent into domestic service.
Many are sons and daughters of women who have been widowed, abandoned, or for
some other reason are forced to raise the family without support.
Sri Lanka
The demand for children in domestic service has continued and has even grown over the years. Though
access to electricity in rural areas has been progressively expanded and television and radio or video
facilities have become accepted 'needs' in low income homes, few families have access to labour saving
domestic appliances. (...) many families, whether they are affluent, middle or low income, feel dependant on
some form of domestic help to ease the adult burden of performing even simple household chores.
Obtaining such help has become increasingly difficult due to established education policies as well as new
policies on overseas migration of women for domestic service, industrialization, and women in development.
Inevitably there is a steady demand for destitute, displaced or abandoned children whose parents can be
persuaded to hand them over for foster care and informal adoption. These euphemistic terms in fact
conceal a desire to obtain cheap unpaid domestic service.
Children in Domestic Service in Sri Lanka
, Dr. S.K.E. Goonesekere, ILO, Geneva, 1993.
The demand for child domestics in many regions of the world has never been
greater. While adult workers prefer to take higher status jobs in factories or go abroad to
earn more money as migrant domestics, younger and more malleable workers find
themselves in demand to work as domestics. The children concerned are rarely
consulted regarding the work they are about to undertake, or on their working conditions.
Instead, adults make decisions on the children's working roles based on their own needs
and wants.
Socio-economic background: things to find out
Where is the child's home? What is the income of the child’s family?
What is the child's family situation (mother/father still living? step-mother/step-father?)
What is the occupation of other household members? Is father unemployed?
Have older children/brothers and sisters also been sent to work?
Who is head of the household? Does any adult household member have a long-term illness (e.g. HIV/AIDS)?
14
What is the child's ethnic origin? Is it different from the employer's?
Is there a racial difference between the child domestic and the employer?
Are there religious or linguistic differences between the child domestic and the employer?
What factors affect the demand for child domestics in your area (job market, poverty)?
Why did the child/the parents decide that the child should take up domestic work?
Did the child want to take up the job or have any say in the decision?
Does the child/parents know others who have done the same? A lot? A few?
4. Impact of his/her employment on the child's physical, intellectual and
psycho-social development
Separation from parents.
Children often live large distances away from their
homes and parents. Although employers may allow visits from parents and relatives, few
can afford to travel or be away from home. The only contact with a member of the family
or of the home village may be with the 'auntie' -- informal guardian and/or recruiter living
nearby. This relationship may be caring, but it may also be exploitative as already
explained. Often, the child worker does not see a parent or close relative for many
months at a time. Live-in child domestics are rarely given enough time off from work to
be able to go home. Often they make the journey home once a year, usually at major
festivals.
Physical health
. The long hours, poor food, overwork and the hazards implicit in
the working conditions may affect the child domestic's physical health. When the child
becomes sick, the doctor may not be called. Routine preventive health, such as
immunisations, may not be given to the child. Similarly, first aid in the case of an accident
may be cursory.
Psycho-social health and development.
The isolation and discrimination the
child domestic frequently experiences may have negative effects on her self-esteem,
sense of identity, ability to socialise and make friends. Where the child experiences
actual abuse, verbal or physical, the effects may be more severe. Very little attempt may
be made by the employer to assume the 'parental' role in other than a disciplinary way,
failing to offer the child encouragement and guidance to develop personally and to
understand the world. Denial of play and recreation, and of socialising with peers, inhibits
normal childhood development.
Typically, child domestics work for several different employers before they reach
adolescence, having to adapt to each family's distinctive tastes and outlooks. This lack of
permanence generates a fragile sense of security and little opportunity to form lasting
relationships. Just as other children are establishing a sense of identity the child
domestic finds herself constantly changing to suit the personalities of others. Her
experience may make her believe that she exists only to serve others, and she may be
very frightened of the world, reinforcing her vulnerability to manipulation and exploitation.
15
Kenya - psychological effects of domestic employment on children
Research conducted in Kenya found that child domestics experienced significantly more psychological
problems than other children (both working and non-working children). Frequent headaches, eating
problems, nightmares, tiredness and unhappiness were found to be very common amongst child domestics.
The Final Report of Child Labour and Health Research
, Bwibo and Onyango, University of Nairobi, December
1987
Boy domestics living with an employer may feel less isolated than girls, since their
work is often based outside the house -- looking after the car, tending the garden or
helping in the employer's business. Part-time child domestics living at home are also less
likely to feel isolated than live-in child domestics.
Education.
Few children in domestic service attend school while working in
employers' households. In contrast to the children of their employers, child domestics
rarely get the opportunity to finish primary school and almost none reach secondary level
education. As well as having implications for the child's future options, children with a low
degree of literacy may find themselves even more isolated in the household because of
their inability to write and receive letters from home. Even when child domestics are
allowed to attend school, they must fit their studies around their domestic duties. Thus,
they are often too tired and have too little time for homework to keep up with other
children.
Togo
In Togo it has been found that parents prefer to send girls rather than boys into domestic service, not only
because household chores are traditionally seen as `women's work', but also because the girl's income
helps to support the schooling of her brothers. Since most child domestic workers in Togo begin work
before puberty they rarely have the chance of more than some years of primary schooling. Once they begin
working for a family their heavy domestic duties prevent them from continuing with their education. The
findings show that, far from being the advantageous `training for life' perceived by their parents, few child
domestics see their job providing them with any useful training for the future, except to confine them to more
poorly paid and servile domestic work
.
Children Working in Domestic Service in Togo
, ASI/WAO Afrique, Lomé, August 1994.
Access to non-formal education and vocational training opportunities is also rare,
although some child domestics are allowed to attend classes if the training is seen by the
employer as improving the child's performance at work.
Indonesia
All of the child domestic workers interviewed in this study no longer went to school, and about half of them
had not completed their primary education. Most of them were keen to continue their studies but were
unable to do so because of their need to earn money.
Most of them were very pessimistic about their future. They could not tell how long they were going to work
with their present employers, and what they were going to do afterwards. They were not enthusiastic about
their futures because of their lack of training and experience in anything other than domestic work.
16
Child Domestic Workers in the Greater Jakarta Area
,
ASI/Atma Jaya Research Centre, Jakarta, May 1995.
Employers are likely to feel an interest in denying child domestics their right to
education, since the child might then develop other aspirations than serving the
household. The child is likely to become less dependent on the employer and more likely
to leave domestic service. The employer may feel that the child's value does not increase
as a result of schooling as domestic duties do not require formal education. However,
some employers recognise that a young domestic may become tidier, cleaner and more
efficient if she goes to school.
Impact on child domestics of their situation: things to find out
Who in the household is the child closest to? Who outside?
Is the child informed or aware of what goes on outside the household?
How often does the child see her family? How often does s/he communicate with them?
Does the child have friends of its own age?
Does the child suffer from sickness or ill-health? How often?
Is the child prone to accidents? Examples?
What treatment is given when the child is sick or hurt?
Does the child like his/her working situation?
What is the child's mood? Happy or sad?
Does the child behave well?
What is the child's attitude (to work, to employer, to parents, etc.)?
How does the child respond to discipline?
Does the child receive training, instruction or counselling from the employer other than for her duties?
What level of schooling has the child reached?
Can the child read or write?
Does the child have any access to non-formal education and/or training?
Does the child have any knowledge about her/his rights?
What are the employer's views about education/schooling?
What are the perceptions of parents, employers and the children themselves about the child's future?
What would the child
like
to do in the future?
Summary
It is helpful to have a 'framework' for analysing the situation of child domestics. One
framework is offered by the Convention on the Rights of the Child, starting with all actual
or potential losses of rights. But it also helps to group concerns and give them a logical
set of relationships. The 'framework for analysis' suggested here starts by looking at
terms of employment,
including the degree of servitude; then looks at
working conditions
,
including hours, hazards, and time off; then at
socio-economic background
, to see what
role the child's origins and home circumstances play in his/her employment; and lastly at
impact on childhood
of all of the above.
17
Chapter three
What are we going to research, and why?
I’ve decided to do some research
W: `I've decided to do some research into child domestic workers.'
M: `What do you want to know about them?'
W: `Everything. Who they are, where they come from, the terms and conditions of their
jobs, the treatment they receive ... '
M: `What about the employers?'
W: `I'd like to know about them too.'
M: `Who they are, why they employ the children, how they treat them?'
W: `Yes, all of that.'
M: `What is the research going to lead to?'
W: `I don't know yet -- it depends on the findings.'
M: `Then you have a serious problem.'
W: `Do I?'
M: `You don't know where to begin!'
Setting the research agenda
For an NGO or other organisation concerned with child well-being, the whole point
of doing research is to find out the facts of a situation so that whatever action we
undertake will help the children concerned. We all know examples of well-meaning
projects which, because they were based on faulty assumptions, failed to do any good. In
cases where they led to a child being thrown out of a job and landing on the street, they
were actually harmful.
21
I've decided what I need to know
W: `I've decided what I need to know about these child domestic workers.'
M: `Oh yes? What do you need to know?'
W: `Ages, sexes, hours of work and educational qualifications.'
M: `Suppose they haven't any educational qualifications?'
W: `That's the point! I'm intending to start an education programme for them!'
M: `What about the employers?'
W: `What do I need to know about them?'
M: `Their attitudes. Or none of the children will be allowed to come!'
What are we going to do with the information?
Turning to the question:
What will we do with the information when we have it?
we also need to think very carefully about this in advance.
There are moral and practical dimensions. The research will almost certainly
require the cooperation of some child domestics and employers, and possibly parents or
'aunties' too. You have to be able to explain to them what the research is for. You will not
win their confidence if they think that you are trying to make the domestics unhappy
about their jobs. As for the children, it is not fair to make promises that the research will
lead to improvements in their lives unless you are sure it can do so.
For your own organisational purposes, it is also important to have some specific
end in view. Some organisations conduct research, but never manage to incorporate its
findings into their actions. Research, whether it consists of a small-scale enquiry or a
large-scale study, should be part of a wider programme of analysis and action, into which
it feeds. The cycle is: research --> action --> new research --> new action. (Some people
start with action, and then --> research --> new action, and so on.)
25
Before finalising the research statement, ask yourself the following questions and
make sure you have satisfactory answers:
•
How will undertaking this research help the child domestic workers?
•
Does the research statement match the capacities of my organisation? If not,
do I change the research, or do I change the organisation?
•
Is the research focused, or is it rather too general?
•
Is the research practicable or might it run into obstacles? If so, can I foresee
them and what will I do about them?
•
Can I do this research without deceiving children, employers or parents?
•
If the research produces some findings which are unexpected, am I prepared
to redesign my intended activities?
•
Who will I please with this research? Who will I offend? Does it matter?
You may be able to answer these questions more easily when you have read the
following chapters!
Summary
Any piece of research should be guided by what we already know about a situation, and
what we intend to do as a result of the findings. Specific objectives for the research must
be established. It is very important to think everything through carefully before answering
the question:
What do we need to know and why?
35
a survey to find out the same things over again. Or you may be more than ever
convinced that primary research is needed ...
Summary
There are a number of existing or 'secondary' sources of information which may provide
answers to your research questions. When working out who or what to consult, it is
important to adopt a questioning attitude to every element of what you want to know. It is
also important to record information systematically. The process of obtaining answers
from secondary sources may radically alter your perceptions. It will also prepare the
ground for the 'primary' research.
Chapter five
Collecting first-hand information - 1: Surveys
There are two kinds of first-hand information that you will need to give you a full
picture of the situation of child domestics in your chosen geographical area. The first kind
is nuts and bolts, or
quantitative
information which will tell us some basic things about
child domestics in order to provide us with the wider picture. This chapter shows you how
to go about collecting this sort of information. The second kind of information that you will
52
participants attended. They were mainly girl domestics, but also included some of their
`aunties' and some older women domestics.
The ENDA facilitators found that the young girls were constrained and would not
speak up. The older women automatically saw it as their role to dominate proceedings
and act as a controlling influence. The facilitators therefore broke the groups up, and put
the youngest domestics together. In a position of peer solidarity they could bring out their
intimate problems, including sexual abuse by employers, and the fact that they felt forced
into prostitution because their wages were so low.
I'd like to know what she thinks
63
In many countries children working as maids, child-minders, garden boys,
and general helpers-about-the-house are a familiar sight. Domestic work is,
in fact, one of the most common forms of child employment. But we do not
know how many children are involved. Nor do we know much about other
characteristics of the practice, such as the age range of the workers, what
led to their employment, the terms and conditions of their work, and their
feelings about it.
Child Domestic Workers: A handbook for research and action
explores
ways of finding out about the situation of these children - some of the most
invisible and vulnerable of all child workers. Produced by Anti-Slavery
International with technical and financial assistance from the ILO's
International Programme on the Elimination of Child Labour (IPEC) this
practical 'how to' guide draws on the experiences and views of non-
governmental organisations and others working with child domestics in Asia,
Africa and Latin America - offering useful insights for anyone who wants to
help the children concerned. Examining the reasons why children working
as domestic servants deserve attention, the handbook's step-by-step
approach focuses on solutions to practical problems such as 'where to
start?', 'how do we find out what we need to know?', 'how to collect the
information needed', and 'translating the research findings into action'.
No. 15 in Child Labour Series
Anti-Slavery International
Thomas Clarkson House
The Stableyard
Broomgrove Road
London SW9 9TL
United Kingdom
Price £6.00 Tel: +44 (0)20 7501 8920
ISBN 0 900918 41 1 E-mail: antislavery@antislavery.org
Registered Charity Number: 1049160
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