The long wait for end of gender-based violence among Kenyan informal sector workers

In his address at Nairobi’s Uhuru Gardens during Labour Day celebrations, President William Ruto promised to fast-track the ratification of the two outstanding ILO treaties on ending sexual harassment at the workplace and protecting the rights of domestic workers, those in informal employment were filled with hope, hope that perhaps they too could enjoy a safe working space that will not dehumanise them in any way. 

One such hopeful employee was Janerose Wabwire (not her real name) who works at a flower farm in Naivasha. 

For ten years now, she says she has slaved in the same position with no promotion, despite attending several interviews and meeting the criteria for a promotion. 

“Unapata saa ingine mau ni mingi na mimi ndio niko palae kwa gate na search. Na promotion pale kupata ni ngumu. Unapata mtu anakuja, hajawahi fanya security unapata huyo ndio supervisor wako. Kama niko huko miaka kumi sasa sijawahi pata promotion, unless ulale na mkubwa ndio akupee,” she says.

Data from the KDHS indicates that the number of people in employment in Kenya as of 2021 was 18.3 million in 2021 with an estimated increase of 900,000 new employees compared to 2020.

Of these, 3.1 Million worked in the formal sector while 15.3 million of these worked in informal setups, requiring these protections including ending sexual harassment at the workplace.

The act reads in part; “Acknowledging that gender-based violence and harassment disproportionately affects women and girls, and recognising that an inclusive, integrated and gender-responsive approach, which tackles underlying causes and risk factors, including gender stereotypes, multiple and intersecting forms of discrimination, and unequal gender-based power relations, is essential to ending violence and harassment in the world of work.”

National Gender and Equality Commission’s technical working group established by the Commissioner of Labour is working on a mechanism to ratify the treaty, and parliament is expected to adopt the ratification by March next year.

The Civil Society has called on the government to fast-track its ratification, to protect workers from continued exploitation in the world of work.

Blandina Bobson, Oxfam Country Director says, “Gender-based violence especially for women in the informal sector is endemic. It’s not like we’re starting with women just in the tea sector and we cannot continue like this it needs to be addressed.”

“One of the ways to address this is to ensure we have the laws and policies in place to anchor this specific issue for people to be able to pursue justice but specifically for the companies to operate within the law. For as long as we don’t have these laws and legal frameworks in place, they will continue getting away with it.”

The ILO Convention 190 recognises the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.

C190 also acknowledges that women, as well as other persons belonging to vulnerable groups, are at greater risk and calls for the adoption of an inclusive, integrated and gender-responsive approach to prevent and end all forms of violence and harassment at work.

The International Labour Rights Body calls for member countries to recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment, and recognise that violence and harassment in the world of work can constitute a human rights violation or abuse and that violence and harassment is a threat to equal opportunities, is unacceptable and incompatible with decent work.

“The women you spoke to represent a significant number of women in the informal sector who are going through the same thing and for them to be able to pursue justice they need to have something to anchor these complaints on and the C190 gives them that basis to go with power and demand for justice so if it's not ratified it delays justice for them so it needs to be fast-tracked but also more specifically for the companies to put mechanisms in place to prevent this and manage it when it happens and the government to hold these institutions to account,” Bobson adds.

The first-ever international treaty on violence and harassment in the world of work was adopted by the ILO in 2019 and to date, only 36 countries have ratified the treaty, out of a possible 187 member states.