Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Guyana (Ratification: 2013)

Article 1 of the Convention. Definitions. The Government indicates that national legislation contains no specific definition of domestic work and domestic workers. The Committee nevertheless notes that the Household Service Workers (Hours of Work Act) Cap. 99:07 defines a Household Service Worker as “any person employed as a domestic in any private residence, which includes children’s nurses”. The Committee recalls that, because of the specific characteristics of domestic work, particular attention should be given to establishing a definition of domestic workers and domestic work in relevant national legal instruments. The Committee therefore requests the Government to indicate the measures taken or envisaged to incorporate a definition of “domestic work” and “domestic worker” in national legislation or collective agreements that is compatible with the Convention.

Article 2. Exclusions. The Committee notes the Government’s indication that no category of workers is excluded from the scope of application of the Convention.

Articles 3(2)(a) and 3. Freedom of association and collective bargaining. The Government indicates that article 147 of the Guyanese Constitution, which provides for all citizens to be freely associated with or become members of trade unions of their own choice, also applies to domestic workers. The Government adds that domestic workers have never organized, but that some domestic workers have recently formed a cooperative. The Committee notes in this respect that the ILO held a workshop together with the domestic workers’ group, Red Thread, a women’s non-governmental organization, on 23–25 May 2017, designed to assist domestic workers in successfully forming a workers’ cooperative. With respect to freedom of association and collective bargaining rights, the Committee recalls that the specific characteristics of domestic work, often involving triangular employment relationships, a high degree of dependence on the employer and the frequent isolation of domestic workers in their workplaces, are all factors that make it difficult for domestic workers to form and join unions. Taking into account the particular characteristics of domestic work, the Committee requests the Government to indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice, and to provide information on measures taken or envisaged to ensure the promotion and protection of the right of domestic workers and their employers to establish and join organizations, federations and confederations of their own choosing, as well as to inform them of their rights and obligations in this respect.

Article 3(2)(b). Forced labour. The Committee notes that the Government does not provide information on specific measures taken or envisaged to ensure that domestic workers are effectively protected against forced or compulsory labour. In this regard, the Committee refers to its 2013 direct request in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it noted that, according to information available from the website of the UN High Commissioner for Refugees, Amerindian girls in Guyana are particularly vulnerable and are often trafficked to work in prostitution or domestic service. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged to guarantee in law and practice the protection of domestic workers – particularly minors – from all forms of forced or compulsory labour, particularly in the case of Amerindian domestic workers. The Committee further requests the Government to provide information on the enforcement in practice in relation to domestic workers of the legislation that is in force to combat the smuggling and trafficking of persons, particularly with regard to immigrant workers.

Article 3(2)(c) and Article 4. Child labour. The Government indicates that the minimum age for admission to employment established by national legislation is 15. It adds that measures taken to ensure that domestic workers below the age of 18 are not deprived of compulsory education and other training include labour inspections and campaigns jointly conducted with the Ministry of Education. In this respect, the Committee refers to its 2013 comments under Convention No. 182, in which it noted that, according to the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), there are many Guyanese children in domestic service. In this context, the Committee recalls that the Worst Forms of Child Labour Convention, 1999 (No. 182), applies to all persons under the age of 18. Noting that the characteristics of domestic work, particularly isolation in the employer’s household and a high level of dependence on the employer, place children and adolescents in domestic service at risk of exploitation and abuse, the Committee draws the attention of the Government to the guidance provided in Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which is of practical relevance to the domestic work sector. In particular, Article 6 of Convention No. 182 calls for programmes of action to be implemented with the aim of eliminating the worst forms of child labour. Recommendation No. 190 provides that such programmes of action should give special attention to the girl child, as well as to the problem of hidden work situations, in which girls are at special risk (Recommendation No. 190, Paragraphs 2(c)(ii) and (iii) and 3(d) and (e)). The Committee requests the Government to provide information on the measures adopted or envisaged with a view to ensuring in practice the eradication of child labour in the domestic sector. The Committee further requests the Government to provide information concerning the number of labour inspections undertaken, the outcome of these inspections and their impact, as well as information on the impact of the campaigns jointly carried out with the Ministry of Education to ensure that work performed by domestic workers under the age of 18 does not interfere with their opportunities for further education and training, or place them at risk.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Government indicates that, apart from regular labour inspections, employers are sensitized through workshops and seminars about their legal and moral roles and responsibilities to all categories of employees, including domestic workers. Recalling the specific characteristics of domestic work, especially the situation of female migrant domestic workers, who are highly vulnerable to abuse and exploitation, the Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that national and migrant domestic workers are effectively protected against all forms of abuse, harassment and violence. It further requests the Government to provide information on the impact of the sensitization workshops and seminars organized to raise employers’ awareness of their obligations with regard to their employees, particularly with regard to domestic workers.

Article 6. Fair terms of employment, decent working and living conditions. The Committee notes that the Government does not provide information on measures taken to ensure that domestic workers enjoy fair terms of employment as well as decent working and living conditions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that all domestic workers, nationals or migrants, enjoy fair terms of employment, decent working conditions and, if they reside in the household, decent living conditions that respect their privacy.

Article 7. Information on terms and conditions of employment. The Government indicates that there is no requirement that written contracts of employment be issued, but that the relevant laws which cover all necessary terms and conditions of employment in the domestic sector are highlighted during sensitization workshops and seminars. The Committee requests the Government to indicate the means through which appropriate, verifiable and easily understandable information on terms and conditions of employment, is provided during the workshops and seminar, whether through audio-visuals or printed materials or other accessible formats or languages particularly in the case of domestic workers belonging to indigenous and from underprivileged tribal communities. The Committee encourages the Government to consider the possibility of developing a model employment contract for domestic work, in consultation with the most representative employers’ and workers’ and the representative organizations of domestic workers and their employers, where such organizations exist.

Article 8. Migrant domestic workers. The Government indicates that the recruitment of foreign domestic workers to work in Guyana is not widely practised, but that where this occurs, migrant domestic workers are entitled to all fair terms and conditions of employment applicable to any other employee. In this regard, the Committee recalls its 2018 direct request on the application by Guyana of the Forced Labour Convention, 1930 (No. 29), in which it observed that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 2018, noted that, as a country of origin, destination and transit for migrant workers, and despite the increasing number of migrants entering Guyana, the country lacks a migration policy and strategy. Moreover, the CMW expressed concern at reports of exploitation of migrant workers, including domestic servitude, forced child labour and commercial sexual exploitation, and at the lack of information on measures taken to combat such abuses (CMW/C/GUY/CO/1, paragraphs 12 and 32). The Committee requests the Government to provide detailed updated information on any measures adopted in cooperation with other ILO member States to ensure the effective application of the Convention to migrant domestic workers, as well as on the impact of such measures.

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of travel and identity documents. The Committee notes that the Government does not provide information on measures taken to give effect to this Article. It further notes that, with regard to migrant domestic workers, the Government indicates that foreign domestic workers are not a category of workers known in Guyana and therefore, the provisions of this Article are not applicable. The Committee requests the Government to provide detailed updated information on the measures taken or envisaged to ensure that all domestic workers are free to reach an agreement with their employer on whether or not to reside in the household where they work. The Committee also requests the Government to indicate the measures adopted or envisaged to guarantee that those workers who reside in the household in which they work, including indigenous and migrant domestic workers, are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, and are entitled to keep in their possession their travel and identity documents, as required under Article 9.

Article 15. Private employment agencies. The Committee notes the Government’s indication in its report that measures are available to ensure that the provisions of this Article are satisfied through labour inspection and the investigation of complaints. It also notes the information provided by the Government in its report under the Unemployment Convention, 1919 (No. 2), indicating that there are no known and registered private employment agencies operating in Guyana. In view of the growing role of private agencies in the international migration process, the Committee requests the Government to provide up-to-date information on the number of private employment agencies operating in the country and measures adopted or envisaged to regulate the activities of private agencies, with a view to protecting domestic workers, including migrant domestic workers against abuse or exploitation.

Articles 16 and 17. Access to justice. Complaints mechanisms. The Government reports that all workers, regardless of their national origin, have open and independent access to the courts. It further indicates that all classes or types of complaints are investigated by the Labour Department. In this context, the Committee refers to the 2018 concluding observations of the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW) in relation to Guyana, in which the CMW expressed concern regarding the limited access to justice for migrant workers, due to language barriers and to their lack of awareness of the administrative and judicial remedies available to them with respect to filing complaints and obtaining effective redress (CMW/C/GUY/CO/1, 22 May 2018, paragraph 28). The Committee requests the Government to provide concrete information regarding the measures taken or envisaged to ensure access to justice for domestic workers, including migrant and indigenous domestic workers, as well as to strengthen labour inspection services to monitor working conditions in the domestic sector and to receive, investigate and address complaints of alleged violations. The Committee further requests the Government to provide detailed information on the manner in which inspections are conducted on private premises where domestic workers undertake their work.