Kenya should ratify Convention 189 and protect domestic workers

Kenya voted for the Decent Work for Domestic Workers Convention No. 189 at the International Labour Organisation (ILO) Conference in Geneva in 2011.

However, a critical step towards guaranteeing decent work for its domestic workers remains unfulfilled: Ratification and domestication of the convention by the government.

Convention 189, as it is more widely known, aspires to guarantee decent work for domestic workers. It seeks to establish a comprehensive legal framework which acknowledges the right of domestic workers to decent living and working conditions. It is aimed at securing minimum protection of such workers’ rights — including information on terms and conditions of employment, hours of work, remuneration and occupational safety and health.

Convention 189 has been ratified by 25 countries with 30 more having adopted reforms to extend protection to the workers and several others concluding collective bargaining agreements covering them.

A likely question may be, why focus on domestic workers?

PROTECTION

It is simple. A worker is a worker. Domestic workers are workers just like any other in formal and informal sectors of the economy and, as such, require protection. The domestic work sector makes considerable contribution to the economy and should not be ignored.

The dearth of data on domestic work notwithstanding, it is estimated that there are more than two million such workers in Kenya. In 2017, domestic workers in private sector wage employment were in excess of 120,000 — about 6 per cent of total private sector wage employment and 5 per cent of total wage employees in Kenya.

The sector’s wage employment last year was, therefore, higher than that of mining and quarrying; transport and storage; accommodation and food services; information and communication; and finance and insurance. It contributed more to the gross domestic product (GDP) than air transport.

GENDER GAP

Notably, more than half of domestic workers are women, signifying its potential in bridging the gender gap in employment.

Despite their significance, however, domestic workers are positioned in a sector with low implementation capacity, lack of interest in long-term sustainability of programmes and little coordination across government agencies and partners.

The work is also highly precarious. This is manifested in low and irregular pay, frequent in-kind payment, long working hours, casual employment and labour relations that are not established through formal work contracts.

Besides not being legally recognised as an occupation, it suffers discriminatory social and legal practices as well as other socio-cultural elements, which engender a low social value for it.

EXCLUSION

The benefits of ratifying Convention 189 include enhanced protection for Kenyan domestic workers globally.

Ratification, domestication and enforcement of the convention represent the first steps in a long path to redressing a history of exclusion of domestic workers from labour and social protection. Besides minimising desertions of workplaces and risks to employers by domestic workers, improved working conditions would enhance the morale and commitment of the workers and guarantee safe and stable employment relations.

Besides demonstrating Kenya’s recognition of the economic and social value of domestic work, it would accord Kenya a strong basis for negotiating favourable bilateral labour agreements with countries that source domestic workers from our country.

More importantly, it would help Kenya to achieve sustainable development goals (SDGs) on poverty, gender equality, decent work and inequality.

 Dr Omolo is a senior lecturer in the Department of Applied Economics at Kenyatta University. [email protected]