How Could the New Covenant on the Rights of Domestic Workers Be Enforced?

¶ … new covenant on the rights of domestic workers be enforced?

This paper outlines a brief proposal for a detailed treatise on the topic of the new Convention on Decent Work for Domestic Workers, which was established on June 16, 2011 by the International Labour Organization (ILO) in Geneva, Switzerland. The forthcoming treatise will discuss the issues and challenges surrounding the acceptance and enforcement of this essential but controversial covenant, which will require international cooperation for its success as well as the development and ratification of new and advanced provisions in this emerging area of international law. The challenges inherent in this covenant include not only the creation of accepted cross-border reporting and enforcement measures, but may also involve fundamental changes to cultures and values in certain problematic regions such as Saudi Arabia. In such countries, centuries-old traditions and views will be required to shift, evolve and adapt to conform to unprecedented international visibility, media attention. The conduct of all nations and cultures employing imported domestic workers will face judgment at the highest scales in legal arenas as well as the court of public opinion.

The ILO membership includes organizations representing employers' interests, trade unions, and both national and provincial or state levels of governments of countries around the world. Kapatamoyo (2011) outlines this historic 2011 accord and the events that led to its overwhelming acceptance by 475 delegates representing international governments, employers, and employees. The June 16 voting results included 396 in favor of the convention, 16 in opposition, and 63 abstentions. In terms of the positions of nations worldwide, strong advocates for the convention included South Africa, Brazil, the United States and Australia. All opponents to acceptance of the convention were from the nation of Swaziland. Countries abstaining from the vote included the Czech Republic, the United Kingdom, and several nations in Southeast Asia, Central America, and Africa.

The content and drafting of the convention itself was the product of three years of effort by the ILO. During this time, ILO members analyzed and documented the ways in which imported domestic workers in various nations were systematically denied the benefits of labor standards and other protections which citizens and other workers could be assured they would receive. Some of the factors covered in the convention include minimum compensation, limits on weekly work hours, entitlement to rest periods and time off work. Other measures in the convention address dire issues related to human rights and civil protections for imported workers from criminal assaults and other serious forms of abuse.