It is to be remembered that the Governing Body of the International Labour Organization (ILO) took a decision to have a double discussion on Domestic Work at the ILC in June 2010 and 2011. In the first discussion in June 2010 the Conference adopted proposed conclusions in the form of a Convention and Recommendation. In August 2010, the ILO published Report IV (1): “Decent work for domestic workers” (the so called ‘brown report’) and invited governments to send comments to the ILO on the proposed text of a Convention and Recommendation. Of the 90 countries, including Brazil, Mexico, Argentina, US, Canada, China, Indonesia and India, 89 countries expressed support for a Convention supplemented by a Recommendation, while Malaysia supported for a recommendation only. In March 2011 the ILO published Report IV (2), “Decent work for domestic workers” (the so called “blue report”). This was a two-part report consisting of: Report IV (2A): which compiled the replies of the governments’, employers’ and workers’ organizations to the questions put forward by the ILO in the Brown report and Report IV (2B): which contained the final draft texts of the Convention and Recommendation that was used as a basis for negotiations in June 2011.
For the Conference in June 2011 a total of 43 delegates from India (19 Govt. + 9 Workers’ + 9 Employers’ + 6 NGO) were among the about 3000 participants from 183 Member States. The final draft texts of the Convention and Recommendation (brown report) were discussed (1-10 June 2011) and adopted (13 June 2011) by the Tripartite Committee on Domestic Work. On 16 June 2011 the delegates registered their votes in plenary sitting to bring the final texts of the Convention and Recommendation to effect. A total of 396 votes, including India were registered for a Convention supplemented by a Recommendation while 8 countries voted only for a Recommendation. The decision of the Government of India to vote in favour of the Convention and Recommendation was significant as the Government of India did not favour the Convention on Domestic Work during the first discussion in June 2010.
The decision of the ILC in favour of a Convention supplemented by a Recommendation on ‘Decent work for domestic workers’ is noteworthy, for a number of reasons: firstly, a long awaited battle has been won by domestic workers, for in 1965 the ILO first called for a standard setting to protect the rights of domestic workers. Secondly, it is for the first time, there is an international standard that goes into the informal economy. Thirdly, it is applicable to the 100 million domestic workers world wide.
The Convention supplemented by a Recommendation on “Decent work for domestic workers” adopted by the ILC on 16 June 2011 is a milestone in the history of unorganized labourers world wide, particularly domestic workers. Domestic workers whole over the world, for centuries, have been subject to deprivation, exploitation and exclusion. Their struggle and cry for justice, to be recognized as workers and to be treated with dignity is finally heard and recognized as just and legitimate by the international community. The Convention and Recommendation is in deed, the greatest gift that world can offer to its 100 million domestic workers.
Being part of this process at Geneva, Fr. Chetan IMS, the State Coordinator of the National Domestic Workers Movement, Jharkhand feels that the merits of this Convention and Recommendation lies in the fact that: (1) the Convention recognizes the significant contribution of domestic workers to the global economy, (2) The Convention invites the Member States to respect and ensure effective promotion and protection of the human rights of all domestic workers including child domestic workers with respect to freedom of association, collective bargaining, decent working conditions, protection against all forms of abuse, harassment and violence, social security benefits, access to courts and tribunals etc. This is a dream almost come true for every domestic worker.
Article 19 of the Constitution of the ILO says that in case of a Convention, the obligation lies with each of the Members of ratify the convention within a period of one year at most or if it is impossible owing to exceptional circumstances to do so within a period of one year, then at the earliest practicable moment and in no case later than 18 months from the closing of the session of the Conference, bring the Convention before the authority or authorities within whose competence the matter lies for the enactment of legislation or other action.
Given the fact that a large number of people, most of whom are women are employed in domestic labour in India (4.2 million according to the ILO analysis of the micro-data of the 2004-05 Employment and Unemployment Survey, NSSO, India) and their poor living and working conditions, on behalf of the domestic workers, we appeal to the Government of India to ratify the Convention at the earliest and to make Decent Work for domestic workers a reality in India.
Prepared by
Fr. Chetan IMS
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