Domestics in Mexico Face Abuse and Scant Protection

• by Emilio Godoy (mexico city)
• Tuesday, June 16, 2015
• Inter Press Service

"My employer would throw the food and medicine back in my face," Solís told IPS. "She started to be rude to me, because she didn't like me to say hello to people who were visiting her, she wanted me to stay shut up in the kitchen – I couldn't even go out to the bathroom."

Solís, who raised her 24-year-old son on her own, and whose first name means "flower heart" in the Náhuatl indigenous tongue, worked from 2000 to 2005 in a home in Villa Olímpica, a middle-class neighbourhood on the south side of Mexico City, where she cleaned, cooked and took care of a woman in her eighties.

"The hostile way she treated me was really strange, because there was no reason for them to discriminate against anyone," she said, talking about the elderly woman and her son, who was in his sixties.

She earned roughly 20 dollars a day, two of which paid for her one-hour commute to and from work every day. Her workdays were long, from Monday through Saturday, and the only benefit she received was a small annual bonus. Tired of the mistreatment, she finally quit.3

But her next job was even worse. She was recommended by a nephew, and began to look after a stroke victim who had two children, also in Villa Olímpica.

Theoretically her workday was from 8:30 to 15:00. "But I would leave as late as eight o'clock at night; there was always something to do, and even if I was ill, I couldn't miss work."

In March, Solís ended up sick in bed with a fever in her home in the poor neighbourhood of Magdalena Contreras, to the south of Mexico City. "They shouted at me, insulted me, wouldn't listen," she said. As a result, she quit the job she had since 2006.

Stories like hers are routine in Mexico, where domestic workers suffer discrimination, exploitative working conditions, sexual harassment and low wages, with little protection from the law.

Mexico has not yet ratified International Labour Organisation (ILO) Convention 189 concerning decent work for domestic workers, which was adopted in 2011 and went into effect two years later.

The binding convention, which Mexico signed in 2011, asserts that domestic workers are entitled to the same basic rights as other workers, including weekly days off, limits to hours of work, minimum wage coverage, overtime compensation, clear information on the terms and conditions of employment, freedom of association, collective bargaining, protection from abuse and harassment, formal contracts, social security coverage and maternity leave.

Convention 189 is accompanied by Recommendation 201, a non-binding instrument that provides practical guidance on possible legal measures to help enforce the rights and principles established in the convention.

The recommendation also addresses areas not covered by the convention, such as vocational training policies and programmes, international cooperation, and protection of the rights of domestic workers employed by diplomatic personnel.

"Domestic workers are fired without justification, accused of theft, thrown in jail over accusations of all kinds just to avoid paying them, and suffer sexual harassment," said Marcelina Bautista, founder and director of the non-governmental Centre for Support and Training for Domestic Workers (CACEH).

"They have no protection, and their work is not valued," Bautista, originally from the impoverished southern Mexican state of Oaxaca, told IPS.

Bautista, who is also the Latin America regional coordinator of the International Domestic Workers Federation, speaks from experience: she began to work as a domestic in Mexico City at the age of 14.

The abuse she experienced opened her eyes to the difficulties faced by domestics, and she returned to school with the aim of helping to improve conditions for maids.

CACEH receives three to five complaints a day, most of them involving unfair dismissal and discrimination, which are referred to a group of pro bono lawyers if they are not settled through dialogue. The Centre also offers advice to domestics about their rights, and runs a job placement programme.

The numbers tell the story

In the report "Labour Conditions of Domestic Workers", published in April by the National Commission for the Prevention of Discrimination, stresses the classism, violence, racism and grievances suffered by domestics.

An estimated 2.3 million people, over 90 percent of them women, work as domestics in this Latin American country of 120 million people.

Domestics tend to have little formal schooling, are often paid under the table, have long workdays, and frequently inherit their positions from their mothers or other family members.

Based on surveys among domestics and their employers, the National Commission found that the main conflicts arose from false accusations of theft, searches of their belongings, verbal abuse including putdowns and insults, and even physical mistreatment.

Domestics interviewed complained that they had no social security coverage, were paid low wages and were mistreated, and that they had to do heavy and demanding work with no set working hours.

They also complained that their employers violated the terms of their contracts.

They said they had become domestics because they couldn't afford to continue their studies and did not have other options.

The average age of the respondents was 35, while 28 percent were between the ages of 18 and 25, and five percent were minors.

Of those interviewed, 36 percent began to work between the legal working age of 15 and 18, and 21 percent started before turning 15.

In addition, 23 percent were indigenous, and of that portion, 33 percent had suffered derogatory treatment and 25 percent were prohibited from speaking their own language.

During the 104th Session of the ILO's International Labour Conference, held Jun. 1-13 in Geneva, the Mexican government reported that it was studying how to reconcile Convention 189 and Recommendation 201 with the Federal Labour Law that was amended in 2012 without including the commitments assumed in Convention 189.

But the government did not meet the prior invitation by the ILO Committee of Experts on the Application of Conventions and Recommendations to send the text to the legislature as early as possible for ratification, in order for it to enter into effect.

The Latin American countries that have ratified the convention so far are Argentina, Bolivia, Colombia, Costa Rica, Dominican Republic, Ecuador, Nicaragua, Paraguay and Uruguay, according to the ILO.

Solís admitted that she had no idea there was an international convention that could protect her and other domestic workers. "It's very important for us to be oriented about our work and our rights," she said.

Bautista said it was difficult to raise awareness among decision-makers. The activist said Convention 189 was "fundamental because it is better than any national law. Furthermore, legislation must be brought into line with the convention; the laws do not protect domestic workers."

Edited by Estrella Gutiérrez/Translated by Stephanie Wildes

© Inter Press Service (2015) — All Rights ReservedOriginal source: Inter Press Service