Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Strategy Development for Recognition of Domestic Worker’ Rights in India Rumeysa Bayar Due to high number of domestic workers, especially women workers, in India, it is essential to debate about their rights. This paper, therefore, provides a strategy development for gender mainstreaming based on Levy’s (1998) ‘web of institutionalisation’ by creating two main strategic routes. Main body starts with explaining the key spheres mentioned in Levy’s methodology and continues with explaining strategies. The paper stands on raising awareness of authority in order to make visible domestic workers and strength their social status. Field of research: Economics, poverty and human development Domestic work is one of the largest work sector related with informal economy in India (Final report of Task Force, 2011). According to International Labour Organisation (ILO) domestic work is ‘any type of work performed in for a household’ and domestic worker is ‘any person engaged in domestic work within an employment relationship’ (Convention No. 189 2011, p.3). Additionally, this sector is defined as ‘a person who is employed for remuneration, whether in cash or kind, in any household through any agency or directly, either on the temporary basis or permanent, part time or full time, to do the household work or allied work, but does not include any member of the family of the employer’ in Final Report of the Task Force on Domestic workers (2011, p.12). In India, due to limited data, there are contradictions in number of domestic works but ILO estimates as 4.5 million domestic workers and highly dominated by women workers. In order to strength the gender mainstreaming domestic rights, a strategy mechanism should be conducted using Levy’s (1998) ‘web of institutionalisation’. This paper aims to specify two strategic routes yet at first, it is essential to describe the key spheres which are influenced to be used for implementation of strategies and specify their strongest potential and weaknesses. There are three main spheres of the web of institutionalisation yet these spheres are not just related with one sphere it also has influence from other spheres. For more detailed problems and potentials please refer to Appendix 1. Citizen sphere: Nongovernment Organisations (NGOs) and Civil Organisation Societies (CSOs) are the strongest corporations to raise awareness and capacity building, public participation; moreover, some NGOs have been engaged in policy making and legislation process. For instance, National Domestic Workers Movement (NDWM) organise participation activities such as crises intervention and awareness-building among domestic workers and the public and they also participate with Self Employed Women’s Association (SEWA) to production of Task Force on Domestic Workers and Draft National Policy. Also NGOs has control over rural communities to disseminate information about ___________________________________________________________ Rumeysa Bayar, City and Regional Planning Department, Istanbul Technical University, Turkey rumeysabayar@gmail.com Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 domestic work and workers. These strong potentials can be used to integrate gender to the mainstreaming activities. Policy Sphere: ILO has published Domestic Workers Convention (No.189) which is emphasis on basic rights and principles about domestic workers and define it as ‘strong recognition of the economic and social value of domestic work and call for action to address the existing exclusions of domestic workers from labour and social protection’ (Convention No. 189 2011, p.1) and this has been sported by the Government of India and all South Asian governments. The Indian Government has committed explicitly to legislative and administrative processes regarding the protection of domestic workers; moreover, the cabinet replaced the Child Labour Act 1986 with the Child and Adolescent Labour Prohibition act (CALPA) in August 2011. These strong potentials can lead us to organisational sphere and used effectively. Organisational sphere: The Indian Governmental organisations have strong connection with administrative process. Ministry of Labour and Employment (MoLE) published a task force about domestic workers, as mention above, and produced a Final report, included policy recommendations. Also, domestic workers recognition is already considered by some excising laws. These are strong potentials which can be used through the process legislation of domestic workers’ rights. Additively, there is already existing training programme such as in 2007 ‘Gender Budgeting Handbook for Government if India Ministries and Departments’ was provided by the Ministry of Women and Child Development. All these potentials, indicated above, can be used as a guide line for a new strategy development of domestic workers’ rights; however, there are some loopholes and weaknesses, need to be enhanced. Before determining strategic routes, it is essential to specify key obstacles to generate strategies. To begin with, overall data about domestic workers is very limited and inaccurate. Due to the contradiction about statistical data estimation of number of female, male and child domestic workers, the gender mainstreaming development process is aggravated. Consequently, it is difficult to situate workers in policy recommendations and distinct category. Also lack of comparable information makes domestic workers ‘invisible workforce’ within the formal economy; therefore, they are working under poor work conditions such as no defined work hours and day offs or no access to decent wages or even not be paid by employers. These issues can be linked another main problem which is legal recognition. Domestic workers have no specific category within the context of workforce. This frequently results in social and economic exclusion. For instance, they cannot claim same rights as other workers have e.g. health insurance, maternity protection, minimum wages or security. Another key problem caused by lack of legal recognition that domestic workers cannot access to an identity; whence, they are not able to open a bank account, access to legal process yet the most important issue is that they lose connection with their family so become more depended on their employers or agencies. In terms of authority level, NGOs and CSOs play a strong role developing domestic rights; yet, the membership and connection with domestic workers is limited-this lead Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 us to lack of information-. Hence, the question of who they represent is still unclear. Also, there is little/no information about how these organisations engage with community and whether or not there are available well-trained staffs, both in organisations and government level, to be negotiator between domestic workers and authority. On the other hand, some political parties has started to take domestic workers rights into account but clarifying who is responsible for incorporating this issue into their political agenda. Strategic Routes Next step of this paper is to constitute strategic routes in order to develop and enhance domestic workers’ rights regarding all genders and child workers. In order to find detailed outline of working objectives please refer to Appendix 2. Strategic Route 1 Political Commitment Pressure of Political constituencies Women and men's experience and interpretion of reality Strategic Aim: Legitimisation of domestic work/workers’ rights will be initiated through participatory gender mainstreaming process in order to generate decent work conditions and have an identity. This legislation will be related with labour legislation, Minimum Wages act 1948, Maternity Benefit Act 1961 and other relevant acts. Activities: 1. To be able to legitimise the situation, it is crucial to address lack of information about domestic workers. First of all, a statement of condition regarding gender roles and expectations about legal process will be established with participation of community. Additionally, statistical data about existing male, female and child domestic workers will be assessed. This information will help us to understand the current problems and provide accurate data to legal categories. As a first place, ILO and NGOs will conduct a numeration system to understand how/which/how many gender is dominant and address in current situation and then organise meetings and create forums including all groups of society in order to clarify existing problems not only statistical also social problems/exclusion. Data collection is the key activities since the legitimisation need to be based on solid knowledge. o Actors to be involved: ILO, MoLE, NGOs, CSOs, Implementation Committee 2. In order to procure legal recognition of domestic workers’ rights, a regulation of domestic work will be enacted. This regulating will clarify definition and rules about individual employers, domestic work agencies and domestic workers Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 rights and it will be supervised by the Labour Inspectorate which is the one of key actors in terms of regulation. Also this will be covered under relevant acts which are applicable such as Equal Remuneration Act 1976, Inter State Migrant Workers Act 1976 and Employee’s State Insurance Act. First step is to ILO and Law department heads will league together and point out which existing laws is referring domestic work/workers regarding gender and child labour. Afterwards, they will be to organise same meetings, as mentioned above, and engage with community with the purpose of understanding expectations and determining what kind of clauses should be on the regulation. o Actors to be involved: ILO, Ministry of Law and Justice, NGOs, MoLE, The Labour Inspectorate 3. In terms of creating visibility of domestic work and workers, gendered participation process such as meetings will be conducted. In this process, NGOs and CSOs representatives will explain the legalisation and the procedures; thereby, individuals will be able to seek their rights and reach relevant authorities when they are abused or not be paid. In these meetings, a dialogue forum will be created among society. This will be an opportunity for rural men and women who lost their connection with their relatives/ children/ community members who have gone to work as a domestic worker in the city. Also this information leads us to workers identity and helps to numeration process. o Actors to be involved: ILO, NGOs, CSOs Strategic Route 2 Mainstream responsibility for gender issues Policy/Planing Staff development Strategic aim: In order to implement strategic route 1 and provide clear responsibilities of which actors will be involve in the decision making process in terms of legislation and regulation, an institutional mechanism will be constituted. Activities 1. To organise meetings/forums and legitimise the situation and create reliable information exchange between workers and all level of organisations, staff development and training will be performed. This programme also will involve building well-trained and educated staff in gender and domestic works theories. Training will use the existing training programmes and receive professional support from local NGOs and CSOs and also MoLE and WIEGO in order to increase both public and politic awareness. Also, in this training programme a skill development for domestic workers, who have no experience on domestic works, will be also organised in order to prevent workers to be humiliated by Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 employee and consider this work as a real work. These processes will emphasis on gendered participation and be engorged through provision of gender aware publications. These trained staff will works not only as consultant but also as negotiator in terms of meeting the expectations of workers. Actors to be involved: NGOs, CSOs, local training communities, ILO 2. To generate a public awareness in terms of domestic work/workers, publications, leaflets and newspapers will be produced and delivered. Also events will be created in social media-facebook/twitter- to draw attention globally. These publications will display rural men’ and women’ low social status, abuse problems, their loneliness and the most important point is that community will be awaken existence of domestic workers. This process will help us to reach hidden workers who are afraid of their employers and corporate with them. This process will influence by local NGOs and CSO but also consult International NGOs’ experience such as UNESCO and World Association of Newspapers and news publishers and ask for financial support. Actors to be involved: Ministry of Information and Broadcasting, NGOs, CSO, Local newspapers 3. Although NGOs and CSOs have important position in terms of developing domestic workers’ rights, the membership and whose representative they are is still an issue. To address this problem, all organisations will approach domestic workers equally and the nature of organisations-religious or one gender dominant- will be made more transparent; therefore, inclusion of all domestic workers regardless of gender and religion also this will help increasing membership of organisations. As mention in other activities, participation meeting and forums will play key role to communicate with domestic workers. Same exercise will be carried out in this process. Actors to be involved: NGOs, CSOs, ILO Conclusion To conclude, it should be clarified that these two routs have influence from other spheres of web of institutionalisation. But the citizen sphere plays the key role in this process because the strongest potentials are in the under title of pressure of political constituencies. Yet all routes have explicit connection with others and will serve equal work and cannot be either separated or prioritised over another. Also , these routes are linked with both their weaknesses and potentials to correct one’s deficiencies .It is expected that through building participatory and gendered process, legitimisation and recognition of domestic workers’ rights regarding social status of workers will be carried out with help of authority. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 BIBLIOGRAPGH Final report of Task Force on Domestic Workers: Realising Decent Work 2011, Director General Labour Welfare, Ministry of Labour and Employment, Government of India. International Labour Office (ILO) 2011, Convention No.189: Decent work for Domestic Workers, Geneva Levy, C 1998, ‘Institutionalisation of gender through participatory practice’ in Guijt, Irene and Shah, Meera Kaul, The Myth of Community: gender issues in participatory development, pp 254-267, London, Intermediate Technology Publications APPENDICIES APPENDIX 1: Gender diagnosis of problems and potentials, Domestic Workers in India a. Citizen Sphere Women and Men’s experience and their reflexive interpretation of reality Problems Potentials Domestic workers are considered In rural area, some poor families as “invisible workers”. can receive some extra money from their family members who There is very little legal are domestic workers in the city. recognition of domestic workers. Because of the reproductive role Female domestic workers can be of domestic workers in the suffered from sexual, physical, household, their female psychological and financial abuse employers can undertake by employers and placement professional jobs. agencies Due to lack of education, In terms of forcing and trafficking domestic works are a good job people to work as a domestic opportunities for rural women. worker is a significant problem. In some rural areas, due to the extreme poverty, some families send their children to work as domestic workers. The number of children domestic workers are widespread in India There is limited information about male domestic workers. Domestic workers have limited access to legal process due to lack of education. Domestic workers have no skill training and development facilities. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Pressure of political Constituencies Problems Potentials There are some issues about NGOs and CSOs are the key representation and inclusion of factors in capacity building and NGOs and CSOs. Because of raising awareness. For example, religious issues some NGOs NDWM provides some represent Christians predominantly programmes such as capacity and this cause exclusion of other building programmes and domestic workers who are not workshops, crisis intervention, Christians. awareness-building among domestic workers and the public. NGOs/CSOs have limited membership owing to the both NGOs play significant role in invisibility and isolation of domestic terms of lobbying and advocacy, workers. and legislation process. For instance, NDWM and SEWA both Some CSOs and trade unions are play role in the process of Draft acting as a placement agencies and National Policy. therefore there are two kind of services for domestic workers Some NGOs have organised local referrals and lobbying. This causes vigilance in some rural conflicts and contradictions. communities. Dissemination of information about domestic workers problems, opening networks and addressing stereotypes which are believed by domestic workers families. Representative Political Structures Problems Potentials At federal level some parties have The Domestic Workers Task force already begun to take into account incorporated the Director General domestic workers as a political Labour Welfare, MoLE and agenda; however, it is not explicit representatives from the Ministry of that who provide this process and Women and Child Development how is going to be. and Ministry of Social Justice. It is still not clear that how Due to the reservation quota of %30 representative/inclusive each women in national, state and local political party/government body is. government, it can be said that this is an opportunity to gain political Some state governments have support for domestic workers provided some legal act in terms of legislation; however, it can be also addressing minimum wages. Yet a negative effect in terms of drawing this political support changes from attention of female domestic state to state considerably. workers problem because women in parliament may tend not to see this issue as a problem. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 b. Policy Sphere Policy and Planning Problems Potentials Because of the lack of statistical The MoLE enacted a task force on data about domestic workers, the domestic workers, which provided a policy strategies may not be First Report and Final Report that established using solid knowledge. included recommendations and a Draft National Policy to offer the All labour legislation process is Government. based on formal sector employment; however, it becomes Some policy recommendations problematic when applied to have already been practiced in informal work sector such as some levels. For example minimum domestic works. wage settings The Draft National Policy has not Some exiting labour laws recognise been officially adopted by the domestic workers legally. central government. Political Commitment Problems Potentials Convention No.189, No.182 and ILO established Convention No.138 have not been approved. No.189 which is addressing decent work conditions, rights and There is a strong resistance to recognition of domestic workers. domestic workers legislation And this is supported by the especially in relation to child Government of India. domestic labour. In terms of addressing chid labour situation in India, ILO provided Convention No.138 on minimum age to employment and work and Convention No.182 which against the worst forms of child labour. The Indian Government has committed explicitly to provide legislative and administrative measures for the protection of domestic workers. In August 2012, the cabinet replaced the Child Labour Act 1986 with the child and Adolescent Labour Prohibition Act. Resources Problems Potentials The amount of funding and the Funding of policy exact allocation of resources are recommendations has been not clear. promised to provide. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 c. Organisational Sphere Mainstream Location of responsibility for gender issues Problems Potentials Due to being only a project, Task The task force was set up by force does not provide an MoLE under the office of Director assurance of permanent internal General Labour Welfare. bodies with the responsibility of seeing through and policy recommendations. Although the Labour Inspectorate is one of the key actors to supervise the implementation of labour laws, due to not considering private household as a work place, the domestic work is not often taken into account in the process of legislation. Because of the funding Task force by ILO it is external. There should be an organisation in terms of data collection. It is still unclear that which level of organisation and who has the main responsibility to gather solid data. Procedures Problems Potentials It is not clear that what kind of As draft policy suggests, in some procedure needs to be followed states some strategies about during the inspection in the domestic workers has been workplace of a domestic worker begun to implement. However, while undertaking by the Labour these policies require a Inspectorate. registration or a certificate from domestic workers. This procedure It is also unclear that how the is not also clear. Labour Inspectorate deals with any breaches. The Draft policy explicitly provide recommendations for domestic The information about registration workers; yet, the procedure of this of which domestic workers; union process does not explain that and which domestic workers are which domestic workers would allowed to join them is not made have right to make a labour explicitly. complaint. Domestic workers are not disseminated information about procedures clearly and regularly. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Staff development Problems Potentials It is a significant problem that some existing training guidelines there is no or little information and recommendations for raising about how and who organisations gender awareness is a strong can address the question if potential; however; which of them gender into all level of and are utilised and incorporated is corporate with other not clear organisations. This problem involves both NGOs/CSOs and government d. Delivery Sphere Methodology Problems Potentials Some methodologies used by The main tool is used generally is NGOs and government are awareness raising and advocacy gender-blind. at any local or national level NGOs were not present at task The Draft National Policy and force meeting as provided in the Task Force provided some Final Task Force methodologies in terms of addressing domestic workers All level of organisations has issue. Such as providing a inputs but has limited influence certificate, registration camps of over government decision making domestic workers, free access to at local and national levels. identification and dissemination of information Registration of placement agencies is a recommendation made by the Draft National Policy Theory Building Problems Potentials It is difficult to address caste, The Decent Work for Domestic gender, ethnicity due to Workers campaign provided by implication of the current ILO is made an explicitly a theory traditional understanding of building strategy. domestic workers. NGOs/CSOs are also providing a new cultural conceptualisations of domestic work and those who undertake it. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Applied Research Problems Potentials There is limited information about NGOs/CSOs can easily access to numbers of domestic workers, domestic workers this makes their problems, wage amount and more easier to collect information their living conditions. about domestic workers living conditions. Due to being invisible work force data collection becomes more Quantitative data about domestic difficult. workers can be found in the NSS resources. The problems regarding private and public places/boundaries The Draft National Policy also cause difficulty in accessing provides some information about domestic workers accurate data collection. Delivery of Programmes and projects Problems Potentials The government’s project is still The Draft National Policy includes within the small scale. The other some extended strategies such projects are conducted by NGOs as registration of domestic and CSOs workers and placement agencies, skill development training. There is a lack of regulation of framework. The placement NGOs and CSOs are playing key agencies operate and delivery roles in awareness-raising system is problematic. activities. The programmes and projects regarding child labour have been started to implement by MoLE. For example, the National Child Labour Project (NCLP) has been active for 24 years. Some policies such as social security programmes are carried out in some states but not nationally. Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 APPENDIX 2: Working objective outlines ROUTE 1. Political commitment Pressure of political Constituencies men’s experience and interpretation of reality Women and Strategic aim: To legitimise the current situation of domestic work/workers right Working Objective 1. To gather accurate statistical/qualitative and quantitative data about domestic workers CONSTRAINTS ASSETS There is not enough trained staff There is some information to collect data conducted by the NSS Lack of identity of domestic works Drat National Policy has some make difficult to access them programmes in terms of addressing missing data about Who I am worked with and domestic workers responsible to whom is not clear Registration process will help to Funding of this project is not clear find accurate data Not enough information about NGOs and CSOs can help me to domestic workers so for access domestic workers Some methodology is already exist used by NGOs and the government I am an urban planner and have enough skills to conduct a research and can be a team leader ENTRY STRATEGIES A stakeholder analysis will be done A research to fund this project will be done The staff I will work with will be clarified Indentify what kind of information needs to be found in order to legitimise domestic workers Prepare and develop a methodology to gather missing information. This can be survey, questionnaire or interview door to door. Compare existing methodology with new version and eliminate weaknesses. Provide a technical support team Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Working Objective 2. To Enact the regulation of domestic work CONSTRAINTS ASSETS It is a question that how I can There is some exit act regarding reach government level and talk domestic workers and child labour someone The government supports this Some acts are not affiliated policy Which specific organisation I do The ILO and some NGOs fund need to engage this policies Not enough data to put and address in regulation act. It is unclear that where I can work and whether or not my work timeline is limited ENTRY STRATEGIES Find the key organisation and staff at local and national level Do some research how to regulate domestic workers Gather enough information about domestic workers Provide a legal expert team Have meetings with domestic workers and some families from rural areas Find a place to work and have meeting with stakeholders and domestic workers Working Objective 3. Creating visibility of domestic workers, participation process will be carried out CONSTRAINTS ASSETS Domestic workers hide NGOs and CSOs can access themselves domestic workers easily I am not clear about whether or Procedure is not clear not domestic workers are willing ILO and NGOs can support me to corporate with me ENTRY STRATEGIES Book a place/room Prepare workshops, meeting and conference at all level Invite all level of representatives of stakeholders Access to domestic workers and families who have family members working as a domestic worker Prepare comprehensible information for domestic workers in terms of explaining legal process of legitimisation of their situation Prepare key questions to understand their expectations Engage with placement agencies and domestic workers’ employers Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 ROUTE 2. Mainstream responsibility for gender issues Development Policy/Planning Staff Strategic Aim: To provide an institutional mechanism in order to set up responsibilities for decision making process Working Objective 1. Well qualified staff development in order to carry out process of legitimisation of domestic workers CONSTRAINTS ASSETS There is limited information about There is some exiting training existing staff governmental programmes departments and NGOs The Draft National Policy Who I can work with in this supports staff training process is not clear Local Training Communities is the Lack/limited resources strongest stakeholder Time line is unclear I do not know how many staff are need to be trained I do not know the cost ENTRY STRATEGIES Identify the key stakeholder to train staff with me Find a place or book a room to carry out training programme Select a technical support team Draw a timeline Read some articles and relevant papers in order to decide how many staff I need and how they will be trained in the way of gendered methodology Meet some representatives and discuss with them content of training programme Use accurate data and prepare a report which explains men and women roles in society and current situation in India Engage with existing training programme Proceedings of 33rd International Business Research Conference 4 - 5 January 2016, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-94-8 Working Objective 2. Raising awareness of domestic workers situation CONSTRAINTS ASSETS I am not sure whether or not I have ability to access social community is conservative media and create web pages and groups I do not know whether or not I can engage with the media It is free I have design ability to prepare a leaflet and newspaper pages and technical knowledge to design a website ENTRY STRATEGIES Prepare a group in social media Design a website Find some stakeholders Design leaflet and one page newspaper advertisement Find some newspaper agencies and talk with them in terms of publishing leaflets and advertisements for free or low price Find some domestic workers and their families and write/record/film their story Working Objective 3. Increase membership of NGOs and CSOs and provide participatory meetings CONSTRAINTS ASSETS Lack of information about I am an urban planner so I can membership bring representatives of each level of organisations and explain It is difficult to explain domestic them the process workers why they should become a member Religious problems Lack of staff Who represents domestic workers? ENTRY STRATEGIES Book a room or find a place for meeting Train some staff for meetings Prepare information for dissemination Prepare a report which explains the process and aim of meetings