Seeking relief for domestic workers amid rising abuse

They are often seen as the ‘wretched of the earth’ because the services they render are not properly located within the prism of proper work. But domestic workers steady the home that those who work in organised areas return to, yet, they are dehumanised by their employers in the most inhuman manners, COLLINS OLAYINKA writes.

They are commonly referred to as ‘house help’. The phrase aptly describes how the society perceives them. They are the ‘wretched of the earth’ whose jobs do not require professional finesse other than sweeping, mopping, washing chores and clothes and making the bed for the owners of the house to sleep on when they come back at night.

Apart from taking and bringing the children from school and feeding them, they make food for their masters when they return from work.

While some of them resume in the morning and close at night, many are live-ins – they sleep where they work. For this category, though, they are accommodated, their lodgings are not as typically as comfortable as those set aside for the family members. In some cases, they sleep in the kitchen or small rooms.

Those that resume in the morning and leave in the evening or night seem to have less nastic experiences than their live-in counterparts.

Nonetheless, the house helps steady the home front when the ‘madams’ leave in search of livelihood.

The so-called ‘madams’ leave their children and husbands behind to be taken care of by the lowly-rated ‘house helps’.

Yet, this category of workers is completely excluded from labour law and social security such as pensions and workplace injury health benefits. This is partly because domestic workers are employed in private homes; they are invisible as workers and isolated.

While private homes can be ‘safe havens’, data suggest domestic workers are exposed to a range of unhealthy and hazardous working conditions.

Additionally, domestic workers are often, excluded from vacation, sick leave and overtime though many work till late into the night and wake up very early in the mornings. They also fall victim to sexual abuse, sexual harassment and social inequality.

Speaking at the launch of three books, ‘Effects of Bwari Conflict and Enugu Sit-at-home on Women’, Experiences and Conditions of Domestic Workers in North-West Nigeria’ and ‘the impact of the farmer-herder Crisis on Women and Girls in IDP Camps’, by Rosa Luxemburg Stiftung West Africa, stakeholders bemoaned the unpalatable experiences of victims as captured in the books.

A professor of law at the University of Nigeria, Nsukka, Joy Ezeilo, said the concept of ‘house help’ is captured under Article five of the International Labour Organisation (ILO) Domestic Workers Convention 189 (2011).

She stated that the convention provides for the absolute and unconditional protection of domestic workers from all forms of abuse, harassment, and violence.

The convention describes domestic work performed in or for households and domestic workers as any person who performs domestic work within an employment relationship.

Accordingly, any person who performs domestic work only occasionally or sporadically and not on an occupational basis is not a domestic worker

To this end, it is difficult in Nigeria to distinguish these two that are used interchangeably.

She then asked rhetorically: “Does the domestic servant contractual relationship enjoy a statutory flavour like that of an employer/employee relation (whether in public or private employment)?”

The professor of law said from the Labour Act, this appears to be excluded.

However, she quick to add that Nigeria cannot claim ignorance of the ILO convention irrespective of the local interpretation, saying, “However, Nigeria is a member of ILO, and the National Industrial Court (NIC) is statutorily empowered to enforce the ILO Convention at the domestic level. To that extent, can one conclude that any violation of the convention comes within the contemplation of Nigerian law?”

She informed that extant laws in Nigeria, including the Constitution 1999, protect domestic workers from forced labour, slavery and slave-like practices citing section 34 of the 1999 constitution as amended as well as the Child Rights Act and Laws of states of the Federation.

Ezeilo revealed that the Violence against Persons (Prohibition) Act (VAPP Act) 2015 and the Violence against Persons (Prohibition) Laws (VAPP Laws of 35 states of the federation of Nigeria also affords protection to domestic workers for violations criminalized therein.

In a book, ‘Experiences and Conditions of Domestic Workers in north-west Nigeria’ that captured the experiences of domestic workers drawn from North-West Nigeria, domestic workers are subjected to harrowing experiences such as long hours of work, huge workloads, poor and deceptive remuneration, lack of voice and privacy issues.

The book pointed out that despite Article Five of the ILO Domestic Workers Convention 189 which provides for the absolute and unconditional protection of domestic workers from all forms of abuse, criminal abuse of domestic workers is prevalent in Nigeria.

Indeed, the International Domestic Workers’ Federation said some domestic workers face physical abuse, intimidation, threats, bullying, sexual assaults, harassment, being provided poor quality food and a lack of privacy.

In adopting Convention 189 in 2011, the ILO declared that it is the primary responsibility of every responsible government to maintain law and order and accord its citizens especially the weaker and vulnerable ones from unnecessary exploitation from the powerful figures in the society.

Stakeholders believe that Section Nine of the National Minimum Wage Law (amended) Act, which defines ‘worker’ as “any member of the civil service of the federation or of a State or local government or any individual (other persons occupying executive, administrative, technical or professional positions in any such civil service) who has entered into or works under a contract with an employer whether the contract is manual labour, clerical work or otherwise, expressed or implied, oral or in writing and whether it is contracted personally to execute any work or labour’ aptly captured domestic workers as beneficiaries of the provision of the Act.

It added: “Gleaning through these definitions, we can safely conclude that the term ‘domestic worker’ is clearly defined and within the ambit of law, and as such be accorded all forms of legal protection.”

Can domestic workers be termed ‘employee’ within the context of employer/employee relations or in other words, does the domestic servant contractual relationship enjoy a statutory flavour like that of an employer/employee relation (whether in public or private employment)?

Experts are of the view that understanding the duration of stay of domestic workers is crucial in designing effective strategies to mitigate domestic work abuses.

Therefore, it is important to work towards tailoring strategies based on the varying needs and challenges faced.

They said: “Formal contracts are essential for protecting the rights and interests of workers. There is a need to bridge the gap in the legal and regulatory frameworks governing domestic work in the Northwest region. Strengthening and enforcing the frameworks can contribute to better working conditions and fair treatment for domestic workers.

“Establishing a forum for having a direct contract with employers can provide domestic workers with a more secure and legally defined employment relationship. This can establish terms and conditions, better job security, protection of workers’ rights and other employment-related terms.”

Professionals contended that continuous work without breaks can lead to workers’ burnout affecting work-life balance, rest, and overall well-being, which negatively impacts the physical and mental health of the workers adding that potential variations in working conditions, with some workers having shorter work hours while others work longer hours.

Therefore, fluctuating or unfixed work hours can impact work-life balance and overall well-being.

The need for regulatory frameworks to establish standard working hours and ensure fair compensation for overtime has also been stressed.

As both the Nigeria Labour Congress (NLC) and its Trade Union Congress (TUC) counterparts strive to reach an agreement with both federal and state governments on a new national minimum wage, low-income levels among domestic workers may have implications for poverty and overall well-being.

As such, timely and consistent payment is crucial for meeting their basic needs and ensuring economic well-being.

With no knowledge of legal remedies to address sub-human treatment meted out to them, there is a need for empowering domestic workers with knowledge about legal avenues for addressing workplace issues.

Undoubtedly, domestic workers need a platform for collective bargaining, support, advocacy and empowerment initiatives that would encourage them to be empowered workers collectively.

The need for trade unions to actively work for inclusion and representation of domestic workers to ensure their voices are heard and their specific needs are addressed is equally crucial.

There is no doubt that the trade unions must collaborate with government and NGOs to amplify their advocacy efforts, share resources and push for policy changes that benefit domestic workers.

Because domestic workers must not be left behind in the wage struggle, advocacy is consequently needed to implement fair wage practices and policies that would ensure equitable compensation for domestic work.

Indeed, concerns about the lack of consistent provision of overtime pay, indicating potential issues related to fair/unfair labour practices, lack of overtime pay can contribute to economic challenges for domestic workers and may be indicative of inadequate compensation for their labour.

Experts observed that lack of sufficient days off can have implications for the physical and mental health of domestic workers based on this, advocacy can focus on educating employers about the benefits of providing regular time off and emphasizing workers’ rights to rest.

Recognising and supporting personal skills could present economic opportunities for domestic workers and require employers and policymakers to consider ways to support and recognize the personal skills and works of domestic workers as a source of motivation for self-reliance subsequently.

Harrowing experiences of domestic workers raise important questions about work safety, ethical treatment, and the need for measures to prevent and address abuses.

Experts declared that the prevalence of various abuses suggests a critical need for safeguarding measures.

On his part, the regional representative of Rosa Luxemburg Stiftung West Africa, Dr Claus Dieter Konig, said the recommendations by the experts as contained in the books provide actions and steps that stakeholders could adopt to alleviate the sufferings of victims.