Mussie M., (2016) âProcrastination in Recognizing the Rights of Domestic Workers in Ethiopiaâ. Mizan Law Review 10(1), pp. 38-72.
The author commenced with stating the labour right movement and its impact in the overall labour relationship in the world. Accordingly, major oppressed groups including women, black people, persons with disabilities, immigrant workers and other minority groups have gone through the labour right movement of the industrial revolution and succeed in respecting various labour rights. However, there are groups of labourers out of reach of the movement, particularly, âdomestic workers. The labour movements are limited to labour relationships in the public sphere and those workers âinside the homeâ arenât addressed. Domestic work provides a job opportunity for the poor and rural women who otherwise couldnât find a job due to lack of education and an opportunity for formal employment. However, Rejection of domestic workers from the policy framework, by invoking the incompatibility of their working nature resulted in bias and prejudice towards them. Moreover, the exclusion of domestic workers from Labour proclamation and considering the sector as an extension of womenâs traditional unpaid household/family responsibility exacerbates the challenges faced by these groups.Â
The author employed literature review of various documents and legal instruments, and qualitative data collection from the study participants.
The study found that domestic workers in Ethiopia, 90% of which are women, are facing various challenges in their engagement. Among these challenges, feminization of domestic work, perception of domestic work as unproductive work, gender-based discrimination and low bargaining power of the worker are at forefront.
Coming to the first challenges of feminising domestic work, the study indicated that domestic work is associated with traditional womenâs role as a mother and wife without any payment in consideration. Accordingly domestic work is given no value and considered as external to the productive economy. According to the finding, domestic workers are the most vulnerable groups exposed to gender-based abuse, harassment, and violence. This is due to the submissive relationship they have with their employers, paternalistic view, low economic status, lack of educational empowerment, and in house-based work nature. As a result, domestic workers face labour exploitation and extreme limitations on freedom of movement. The other challenge is inequitable pay/pay cut-off. Due to the informal relationship, usually the employerâs cut-off monthly payment of the workers. Lack of a legal framework to regulate the relations also resulted in restriction of leaves, rest days, non-coverage of accidental damages and arbitrary termination of the relationships.
The authors therefore argued that domestic workers shall be included under the labour laws so that their right and protection is affirmed by legal coverage. Procrastination in recognition of domestic workers rights in Ethiopia increases their vulnerability to various forms of abuses and violence. Hence, legal stipulation shall be in place to regulate the form of contract, working hours, living conditions, leave, and equitable pay. As action points, the council of ministers shall enact a directive as provided under the labour proclamation with a view of regulating the sector. In addition to this the human right commission, scholars and NGOs shall take a firm step to promote the rights of domestic workers and eliminate the existing prejudices.