Pamphlet No. 06 From Plantations to Domestic Labour The New Form of Exploitation and Political Marginalization of Women Social Scientists Association 2014 ISBN 978-955-0762-27-9 Published by Social Scientists Association 12, Sulaiman Terrace, Colombo 5, Sri Lanka. Tel: +94-11-2501339 / 2504623 www.ssalanka.org Printed by World Vision Graphics 077 2928907 1 From Plantations to Domestic Labour The New From Plantations to Domestic Labour The New From Plantations to Domestic Labour The New From Plantations to Domestic Labour The New From Plantations to Domestic Labour The New Form of Exploitation and Political Marginalization Form of Exploitation and Political Marginalization Form of Exploitation and Political Marginalization Form of Exploitation and Political Marginalization Form of Exploitation and Political Marginalization of W of W of W of W of Women omen omen omen omen A phenomenon of relatively recent origin that has not been studied in depth is the significant movement of women from the plantation sector into domestic work in urban and other areas, as well as their migration to the Middle East. This movement of labour has not entailed an upward mobility of labour, but represents a horizontal move from one form of captive labour on plantations to another as domestic labour in households. In doing so, whereas some gains are possible, there may occur a serious denial of economic and political rights that ironically they had obtained after nearly a century of struggle on the plantations. A subject attracting only occasional attention in the press or elsewhere is that of domestic workers in Sri Lanka in general. This is a scattered, unorganized and isolated part of the labour force which has little legal protection and often suffers severe restraints on democratic rights. Many of the benefits applicable to other workers such as gratuities, provident funds and trade union rights do not cover those in domestic service. They are also denied minimum wages, and the conditions and hours of work, vacation and maternity leave, which other workers possess, are not stipulated. This group of workers form one of the most exploited groups in society, to whom the benefits under the labour laws often do not apply. This pamphlet examines briefly the situation of domestic workers in the past in Sri Lanka, and discusses the specific case of the move by young plantation women into urban domestic service. It highlights the case for these workers unionization, 2 and refers to the recent founding of a trade union for domestic workers. It also cites some of the analyses by scholars abroad on the issue of domestic work and suggests the need for more such research in Sri Lanka. The basic proposition of this pamphlet is that by moving from the plantation sector to domestic labour, women have relocated from one form of exploitation to another from one form of patriarchy to another, from the frying pan into the fire. Appoo, 19 th -century domestic helper. Courtesy R.K. de Silva and Kumari Jayawardena, Pictorial Impressions of Early Colonial Sri Lanka, 2014, p. 122. Ellas Ayah, 19 th -century domestic helper. Courtesy R.K. de Silva and Kumari Jayawardena, Pictorial Impressions of Early Colonial Sri Lanka, 2014, p. 136. 3 Part I Part I Part I Part I Part I Domestic Labour the Background Domestic Labour the Background Domestic Labour the Background Domestic Labour the Background Domestic Labour the Background One of the oldest professions in the world is that of domestic labour whereby household chores are farmed out to non-family members. Domestic work is associated historically with servitude under slavery and feudalism, while under capitalism such work became more akin to wage labour. Feudal attitudes to domestic workers, however, have tended to persist. But in todays context of global capitalism, domestic work has taken on a new face. It is part of the international network of exploitation in the form of the export of labour from developing countries to richer ones. The income of these migrants mainly women forms an important part of the Sri Lankas foreign exchange earnings. However, these workers have no right to vote in their home countries , a situation on which there has been some agitation. Domestic work has always been one of the most exploitative and oppressive forms of labour, characterized by low wages, gratuities or economic benefits, no fixed hours of work or leave and few political rights. Such labour is not organized, or unionized, and usually involves residing at the employers home. In many countries domestic labour is recruited from the impoverished peasantry, the urban poor or from migrant labour. It remains one of the least desirable forms of occupation and only attracts those who lack the education skills or opportunities to do better jobs. Domestic workers remain therefore on the margins of society, and Sri Lanka is no exception. Their political rights are often nonexistent and such workers seldom receive leave to go to their villages/homes to cast their votes. What is more, even if these workers receive relatively good pay, because of the social stigma associated with domestic work they hesitate to acknowledge or publicize the fact that they are servants. 4 Domestic service of outsiders by the family has always been in existence in Sri Lanka among the higher echelons of society of all communities. In classic literature and in murals there is inevitably a portrayal of domestics. For example in the popular 15 th century classic Kavyasekera, a Brahmin advises his daughter to wash her husbands feet herself when he returns home rather than delegate the task to servants. By the 16 th century the Portuguese colonizers of Sri Lanka used slaves as domestic servants, many of them from their African colonies, who continued to work after Dutch occupation of the maritime provinces. During British rule, Percival Cordiner commented in the early 19 th century on the difficulty of procuring servants from among the natives and noted that: The Dutch settlers in Ceylon use no other servants but slaves, a family of whom always composes part of their household (1807:80-81). He also stated that British residents who had earlier worked in India for the sake of comfort and convenience carried their (Indian) domestics with them (Cordiner quoted in Denham 1912:48). In 1871 the colonial government passed the Registration of Domestic Servants Ordinance which merely provided for official registration books for servants issued by a government-appointed registrar, but no stipulation about wages and conditions of work. By 1911, according to the Census Report of that year, the low-country Sinhalese in domestic service formed half of all male domestic servants and three-fourths of all female servants. The second highest group of males in domestic service were Indian Tamils (gardeners, housekeepers and house servants) (Ibid.:489). They were either more skilled workers from estates or from the urban Indian-Tamil working class. Domestic labour in the early 20 th century also included Kandyan Sinhalese, Ceylon Tamils, Moors, Malays, Burghers and Eurasians. Pay varied according to the class of employees and the work performed. In rural areas, landowners and prosperous persons would employ numerous poverty-stricken villagers and 5 members of their families as domestic servants. The practice among the poor of giving children ostensibly for adoption, but actually as child servants, was also prevalent throughout the island. Highlighting the Problem Highlighting the Problem Highlighting the Problem Highlighting the Problem Highlighting the Problem There was publicity in the Sri Lankan newspapers of ill treatment of domestic labour, and the issue of exploitation of women and children domestics became a topic of discussion in the 1920s leading to the State Council appointing, in 1934, a Sub-Committee chaired by D.B. Jayatilake on the Employment (Domestic Service) of Women and Children and the Control of Orphanages. While the official report glossed over the problems, in a dissenting report the only leftist member of the State Council (who was on this Sub-Committee) Dr S.A. Wickremasinghe said that: The employment of children for domestic purposes is most inhuman, and he condemned the system of child slavery. He also referred to the prevalent poverty in the country and the existence of an enormous supply of domestic servants in spite of low wages, long and unlimited hours of work, drudgery, and added that this was an indication of the extreme economic instability of the people (Sessional Paper 11 of 1935:9). Jayawardena has remarked that in the past, women of the Sinhalese, Tamil and Muslim bourgeoisie were able to sustain their extravagant life-styles, because of the existence of a host of underpaid servants, mainly women and often children, noting also that in the case of the Mudaliyars, the exploitation of female servants was feudal in practice being often recruited from among the depressed caste girls of the villages near the rural manor houses (2000:294). Writing of her elite relatives of the Bandaranaike clan, Yasmine Gooneratne notes that: No household such as ours could have functioned for a day without the Jane Nonas, the Alices, Carolines and the Magilins who lent their skills with needle, broom, iron, wash-tub, and frying 6 pan. She also comments on the treatment of servants which ranged from kindness and indifference to downright brutality (including) brandings, burnings, assault, and unwanted pregnancies (1986:214-16, 221). Recent Recent Recent Recent Recent Agitation Agitation Agitation Agitation Agitation While wages for domestic labour have fluctuated, these workers continue to form the unorganized, low-paid sector of the economy. From time to time the conditions of domestic labour have been taken up by concerned groups. In 2007 the Womens Education and Research Centre (WERC) had discussions on domestic labour and made recommendations to the minister of Labour on the need to regulate their employment. Newspapers and writers have regularly, over many decades, highlighted instances of assaults, torture and murder of domestic workers and the illegal employment of underage children. Recently the Sunday Island column Gender Matters noted that domestic workers: Provide an essential service in our increasingly nuclear households where both partners work, but have minimum recognition as part of the countrys work force. (Sunday Island, 17 March 2013:9) They are called by many politically incorrect names (cook woman, servant girl, kolla, kella, podian), and whether in Sinhala or Tamil the terms used to address domestic workers are often demeaning, the umb/nee forms being still in usage. Umba (Sinhala), nee (Tamil) is the second person singular form (similar to tu in French) for children, animals and familiar friends, and is also an insult when used with strangers, minorities or the poor. One may note that the employer (as in slave society) would often change the birth name of the domestic worker if it was too high sounding to a more appropriate plebian name. 7 Resear Resear Resear Resear Researching Domestic W ching Domestic W ching Domestic W ching Domestic W ching Domestic Workers orkers orkers orkers orkers With expansion in the demand for domestic labour in developed countries, feminist researchers have in recent years explored this issue. Gabrielle Meagher has defined this labour as waged domestic labour or paid household work involving cleaning, cooking, laundry, child care, household management etc performed for payment, usually to replace otherwise unpaid household labour (1997:23). She defines two features of such work, namely, the direct purchase of labour time, rather than labour-embodying commodities (prepared food, ready-made clothing, labour-saving devices), as well as work performed in the home of the purchasing householder (Ibid.). The paradox of domestic service has been referred to by Mary Romero in her book Maid in the USA as involving work considered degrading, but also possibly higher paying than some other unskilled occupations (1992:12, cited in Meagher 1997:24). She also comments on the class relationship that occurs when a middle-class woman farms out her household chores to a paid worker often from a subordinate ethnic group who relieves her of the sexist burden of housework (Ibid.). Writers on domestic labour highlight the private nature of this labour where the rules are different from other jobs, especially since such workers lack the ability or power to negotiate agreements about their conditions of work. Moreover the subordination and deference associated with domestic work are characterized not only by class exploitation but also by race and gender subordination. In this connection Meagher refers to the importance of analyzing the occupation in terms of the interaction of ethnicity, class and gender (1997:2). Similar to factories, shops and plantations, the home thus becomes a location of employment. A question that arises concerns the nature of work that involves residence in the employer s home a situation which embodies several patriarchal and semi-feudal aspects. A further question that often 8 arises is how domestic work can be categorized. Such issues are raised in this pamphlet in order to analyze the phenomenon of young women in the plantation sector moving from one form of exploitation as plantation labour to another as domestic labour in areas outside the plantations. Image Courtesy of Middle East Online http://www.middle-east-online.com/english/?id=38695 Image Courtesy of The Island http://www.island.lk/index.php?page_cat=article- details&page=article-details&code_title=74891 9 Part II Part II Part II Part II Part II Plantation W Plantation W Plantation W Plantation W Plantation Workers in Domestic W orkers in Domestic W orkers in Domestic W orkers in Domestic W orkers in Domestic Work ork ork ork ork In Sri Lanka the nationalized plantations were privatized and handed over to 23 companies. Earlier, the practice on most estates was for young people born on plantations to register their names with the management in order to start to work on the plantations. But after privatization this process was slowed down leading to unemployment among plantation youth. Many young persons moved from the plantations looking for jobs in cities and abroad. Young men found work as shop assistants and waiters, while young women found work in garment factories or as domestic workers. Those who found employment as domestic workers are often isolated from their own families and communities. There is no legal protection for these workers. Domestic work is a service industry, but there are no unions that bargain for better salaries and regulation of working conditions. Therefore, the value of the work is grossly underestimated as they are not considered to be workers. As they work in very isolated situations, their problems are also invisible. Domestic workers are also not aware of the labour market nor are they able to negotiate for a fairer wage and better conditions. Several countries in Asia continue to export domestic workers (mainly women) to the Middle East and other East Asian countries. Much has been written and researched about the working conditions of these workers and the exploitation they are subjected to. On the other hand, the plight of domestic workers working in Sri Lanka has not been adequately researched or documented. Brokers Brokers Brokers Brokers Brokers Normally recruitment for domestic work occurs through brokers, who are themselves from the plantation sector. These are mostly 10 men but sometimes the main male broker has sub-brokers who may be female. As one worker remarked: A person who sends the workers to Colombo from our estate for domestic work gets my first months salary as a commission and also I noticed the employer paid him some money the day he left me in the house. Some brokers do not give details of the workplace to the domestic workers family, but give the workers salary to the parents or family members. Some workers claim that they do not know their work place, address and other details, and are not aware how much salary they earn. Only the brokers know these details. Research has confirmed that few households employing plantation women workers give them leave to go home to vote. Rarely are they listed as voters in the places they work as domestic labour. One can cite an example from 1936, when a candidate in the Colombo South electorate breached the usual protocol and caused a stir by asking householders, while canvassing, if he could also speak to their servants to canvass their vote (Jayawardena 2012:100). Moreover political rights such as trade union membership which exists on plantations are unavailable to domestic labour; the reason is that such labour is often of a semi-feudal nature, unlike plantation workers who today are technically free after work to participate in political and other activities. Resident domestic labour in contrast is tied to the place of work day and night. Education Education Education Education Education The level of education of domestic workers from the plantation sector is generally low. Mostly girls and women who never went to school or who could not continue school for various reasons 11 become domestic workers. This is the job where no one asks about experience in cooking or cleaning. It is assumed that if a worker is a woman, then she can do housework without any problem. Since formal education is not required for domestic labour, young girls who do not want to work on plantations or workers who have retired choose to move to domestic work. ILO Convention on Domestic W ILO Convention on Domestic W ILO Convention on Domestic W ILO Convention on Domestic W ILO Convention on Domestic Workers orkers orkers orkers orkers The Convention on Domestic Workers (No. 189) was adopted at the International Labour Organizations 100 th annual conference in June 2011. It requires governments to protect the human and labour rights of domestic workers and defines minimum standards for decent working conditions. The ILO estimates that there are 52.6 million domestic workers, of whom 43.6 million are women. Recognizing that domestic workers often suffer extreme hardship and human rights violations, including payment below the statutory minimum wage with no overtime pay or rest days, the ILO adopted this long-overdue Convention under which a domestic worker is defined as follows. (a) The term domestic work domestic work domestic work domestic work domestic work means work performed in or for a household or households; (b) The term domestic worker domestic worker domestic worker domestic worker domestic worker means any person engaged in domestic work within an employment relationship; (c) A person who performs domestic work occasionally or sporadically and not on an occupational basis is not a domestic worker. The Convention on Domestic Workers offers specific protection to domestic workers, lays down basic rights and principles, and requires states to take a series of measures with a view to making decent work a reality for domestic workers. Article 7 states that Domestic workers must be informed of their terms and 12 conditions of employment. This Convention has so far not been ratified by Sri Lanka. What is special about What is special about What is special about What is special about What is special about Article 7 of the Convention? Article 7 of the Convention? Article 7 of the Convention? Article 7 of the Convention? Article 7 of the Convention? Sri Lanka is a member of the ILO. Therefore, the state should take measures to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws, regulations or collective agreements, in particular including: (a) the name and address of the employer and of the worker; (b) the address of the usual workplace or workplaces; (c) the starting date and, where the contract is for a specified period of time, its duration; (d) the type of work to be performed; (e) the remuneration, method of calculation and periodicity of payments; (f) the normal hours of work; (g) paid annual leave, and daily and weekly rest periods; (h) the provision of food and accommodation, if applicable; (i) the period of probation or trial period, if applicable; (j) the terms of repatriation, if applicable; and (k) terms and conditions relating to the termination of employment, including any period of notice by either the domestic worker or the employer. Why is Why is Why is Why is Why is Article 5 so important? Article 5 so important? Article 5 so important? Article 5 so important? Article 5 so important? Its importance is connected with protecting workers from abuse. Governments are therefore urged to enforce the necessary legislation. Article 5 states: 13 Each Member shall take measures to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence. What are the things domestic workers need to take into What are the things domestic workers need to take into What are the things domestic workers need to take into What are the things domestic workers need to take into What are the things domestic workers need to take into consideration? consideration? consideration? consideration? consideration? Before entering employment, they should agree with the terms of employment, which should include: Job and the tasks the job involves, hours of work and rest Employer s name, telephone number and address of employment Salary and date of payment Number of holidays per year Paid sick leave and other leave such as emergency leave Terms for communication between/within the family Space for sleeping and resting Right to join a union In 2008 the Red Flag Womens Movement, which is the womens section of the Ceylon Workers Union, organized a trade union meeting to lobby for a legal draft for the protection of domestic workers. As a result of this meeting, ten trade unions signed a document that set out the problems of domestic workers and the need for legal reform and recognition. Why is there a need for legal reform and recognition? Why is there a need for legal reform and recognition? Why is there a need for legal reform and recognition? Why is there a need for legal reform and recognition? Why is there a need for legal reform and recognition? Domestic workers do not fall within the purview of the legislative framework in Sri Lanka. The laws, which provide the legal framework for the recognition and protection of workers in the private employment sector, do not recognize domestic workers as part of the formal workforce, thereby not providing any framework of protection and rights for them. 14 Stemming from this lack of legislative framework for domestic workers, there are no reported court cases or judgments that deal with any form of issue or incident involving domestic workers. As such, the legal literature does not recognize domestic workers as legal entities. Further, the laws that apply to Sri Lankan domestic workers working in other countries, drawn up in the Sri Lanka Bureau of Foreign Employment Act, should also apply to domestic workers working in Sri Lanka. As a result domestic workers are not protected by labour laws, in relation to legal binding contracts, equal wage regulations and decent working conditions, and are not afforded safety and protection from exploitation and abuse. It is therefore imperative that legislative and It is therefore imperative that legislative and It is therefore imperative that legislative and It is therefore imperative that legislative and It is therefore imperative that legislative and administrative attention is focussed on: administrative attention is focussed on: administrative attention is focussed on: administrative attention is focussed on: administrative attention is focussed on: Legal recognition of domestic workers in Sri Lanka as workers in the formal labour force Ensure that domestic workers are protected by all labour laws and decent work principles Implement compulsory contracts, minimum wage policies and safety networks for domestic workers that hold employers accountable through the enforcement of such by the Department of Labour. V VV VVoices of W oices of W oices of W oices of W oices of Women Domestic W omen Domestic W omen Domestic W omen Domestic W omen Domestic Workers orkers orkers orkers orkers The experience of domestic workers varies, as one of them remarked: I am lucky to have this employer. The house where I am working they treat me like their daughter. They pay my agreed salary on time. They allow me to talk to my family regularly. I am allowed to watch TV. I am living more peacefully in my work place than I would at home. 15 (based on interviews with domestic works of plantation origin) Case Study Case Study Case Study Case Study Case Study I am 31 years old and have been working for 19 years as a domestic worker. When I was small I thought that if I studied well I could be a teacher. But my fathers death made my life difficult. I was nine years old when I lost my father. My mother told me, I am sad that you cant continue your studies. I asked her, Why cant I? She answered, We dont have your fathers income now. So you are the elder one in our family. We both need to look after our family. At that time it was not a big issue for me. I started to help my mother. I went with her to the field without the knowledge of the Kangani and plucked tea to increase my mothers plucking weight and went back to my house early to do all the cleaning and washing. It is so difficult to wash my brothers shirt because he always plays in the mud. I have to wash it three times to clean it. The brother next to me always complains about me to my mother. My mother never asks me if what he says is true. I always get the scolding and beating. I did not enjoy my childhood at all. When I was 13 years old, my mother asked me to go and work in a businessmans house that is closer to Kandy. I did not like to leave home but I understood that my mother was also sick and she was not earning much to feed the family. Domestic Workers Good Experiences Domestic Workers Bad Experiences The employer treats me like his/her child. I have to sleep in the kitchen. After I get up I keep all my sleeping things in the kitchen. I am so happy that I eat the same food that the employers family eats. I have to work even if I am sick. They cannot understand that a sick person cannot work. If I am sick, they buy medicine for me and ask me to take a rest. I am not allowed inside the house, only in the kitchen, but when they need to clean the house I am allowed in. They buy new clothes for me for the festival. I have to beg to get my salary. Always there is a 2-4 day delay in payment. They allow me to watch television. I have flexible working hours. I was promised Rs. 6,000 a month but I get only Rs. 3,000. They increase my salary every year. They do not allow me to communicate with my family directly.
16 After I started my job as a domestic worker I faced a lot of problems in that house. There was no proper place to sleep. I worked for more than 13 hours. I had to cook for not only one family but also five men who are working in their shop. They never called me by my name Mala, but kella (girl). Because of some problem I faced with that employer I was uneasy in that house. When I was 15 years old, I came back home. My mother was unhappy that I came back. I do not like to tell my mother what happened in that house. I found another workplace in Kandy and again started my work. The same problems continued. They agreed to pay 6,000/= but paid 3,000/= the first three months and told me they were deducting my meal expenditure from my salary. They said dont worry when you go back home for a holiday we will pay the arrears. It never happened. They said this same thing every year when I went home but the arrears were never paid. Even some months they skip payment. If I am sick they buy medicine and deduct this cost from my wage. I got used to this practice. Now I have no big expectations. Now my brothers are all grown up, they are earning and are looking after themselves. I also lost my mother four years ago. Conclusion Conclusion Conclusion Conclusion Conclusion The plantation system of production in the colonial period was initially modeled on slavery, which already existed in households in Europe. Subsequent changes such as indentured labour (on contract) and often forms of recruitment for plantation have been termed new systems of slavery (Kurian and Jayawardena, forthcoming). These observations were based on the captive features of the labour force in the plantations in the 19th and early 20th centuries, characterized in Sri Lanka by trespass laws against outsiders, lack of mobility of workers, isolation from urban labour, harsh and cruel laws restricting bolting from estates, violent management practices and patriarchal control of women workers. Given this slave-type legacy have the structures 17 on plantations changed? Why are there still aspirations among workers to move out of the plantations to what they feel is a freer type of work situation in urban areas? This pamphlet attempts to raise these issues and asks certain basic questions about whether the new type of bolting from the estate to domestic labour has improved the situation of young women of plantation background. Are these domestic workers the new captive labour force, hidden from public scrutiny like other domestic workers? This is clearly a time for exposure and changes in this old system of semi-slavery in the form of domestic work which is prevalent in our society. Bibliography Bibliography Bibliography Bibliography Bibliography Cordiner, Percival 1807, Description of Ceylon, London, Longman, Hurst,Rees & Orme Denham, E.B. 1912, Ceylon at the Census of 1911, Colombo, Government Printers. de Silva, R.K. and Kumari Jayawardena 2014, Pictorial Impressions of Early Colonial Sri Lanka: Peoples Customs and Occupations.London, Serendib Publications Gooneratne, Yasmine 1986, Relative Merits: A Personal Memoir of the Bandaranaike Family of Sri Lanka, New York, St. Martins Press. Jayawardena, Kumari 2012, A.P. de Zoysa A Combative Socio- Democrat and Reformist Buddhist, Colombo, Sanjiva Books. _______ 2007, Nobodies to Somebodies: The Rise of the Colonial Bourgeoisie in Sri Lanka, Colombo, Social Scientists Association (2000). Meagher, Gabrielle 1997, Recreating Domestic Service Institutional Cultures and the Evolution of Paid Household Work, Feminist Economics, 3(2), 1-27. Romero, Mary 2002, Maid in the USA, New York, Routledge, Chapman and Hall (1992). 18 Wickremasinghe, S.A. 1935, Dissenting Report of the Sub- Committee on Employment (Domestic Services) of Women and Children and the Control of Orphanages, Sessional Paper 11 of 1935, Colombo, Government Press. Menaha Kandasamy is the first woman to lead a plantation trade union in the country, namely, the Ceylon Plantation Workers (Red Flag) Union. She is a founder of the Red Flag Womens Movement (RFWM) as part of the main trade union dealing with issues such as womens oppression and domestic violence. She also formed a Domestic Workers Trade Union which includes membership of women from the plantation community.