Category: Workers

Introduction

The regulation of sex markets has long been controversial, and the debate was recently re-ignited in 2015 when Amnesty International’s took a stand to support worldwide decriminalization of all aspects of sex trade including supplying, demanding, and mediating i.e pimping transactions.

On one hand, critics worry that decriminalization facilitates and boosts sex trafficking. On the other hand, voluntary sex workers argue that decriminalization helps all suppliers – voluntary as well as coerced – in that bringing the sex market out of the shadows improves their opportunities to get health check-ups and seek help from the police. Thus, while both sides condemn sex trafficking, there is little consensus on how to combat it.

The 2 primary kinds of models are the Dutch model which decriminalises activities associated to commercial sex but instead regulates it. The other model is the Nordic model which criminalises sex trade but limits liability only on the purchaser, hence absolving the sex worker from any legal botherence. While the Dutch model aims at a safer work environment for both the consumer and the sex worker the nordic model aims at eradicating the practice by placing deterence on the purchaser and aims to eradicate human trafficking and prostitution itself.

(https://lsr.nellco.org/cgi/viewcontent.cgi?article=1303&context=nyu_lewp) (The discourse on prostitution policy has a long history (e.g., United Nations, 1959; Woolston, 1921). For a recent exposition of the main arguments in the public debate, see The New York Times (2012, 2015). For a broader discussion, see e.g., Chuang (2010) and MacKinnon (2011).)

India is amongst those countries that has lack lustre and inefficient laws regarding sex workers and their rights. It is a top destination for trafficking Asia and has not been able to curb such malpractices and abuse with the current legal provisions. In recent times a stark rise in more debates and emphasis on an enactment of new laws and policies on sex worker rights and curbing of human trafficking in India has been seen. In this research paper we discuss these 2 primary approaches towards prostitution and why the Nordic model outweighs the Dutch model in its application in India.

History and Expansion of the Nordic Model

On 1 January 1999 Sweden enacted a law that would not deem sex work illegal but purchasing sex would be illegal. Hence the law completely absolved the sex worker of any wrong and the offence was committed only by the purchaser of sex. The aim was to reduce trafficking and also ensure that laws do not encourage abusing the sex workers(who are already the victims of trafficking in most cases).

Shortly after Norway, Iceland and Finland followed suit by adopting the Sex Buyer’s law. More recently Canada after the high profile case of Canada (Attorney-General) v. Bedford SCC 2013 adopted the Nordic Model, France also became one of the more recent countries to switch from the decriminalised approach to the Nordic model and Ireland is the most recent country to have adopted it in 2017.

The rationale underlying the Nordic model entails discouraging buying sex and protecting women from violence and abuse and providing for them to be effectively brought out of sex work and be rehabilitated back into society.

Nordic Model vs Dutch Model

The main achievement of Nordic model has been that it has effectively reduced human trafficking and has also discouraged sex consumption. Prostitution and consequently human trafficking dropped significantly in Sweden after the law was enacted.

Its opposers however state that sex workers’ rights are compromised by the Nordic Model and that legalisation of Commercial sex instead regulates safer and better environments for sex workers. Further it has been stated that the legislation perceives every sex worker to be forced to work as a sex worker due to male oppression and not out of choice, this too has been disputed by various sex worker unions.

Additionally it has been stated that Sex Workers have to work in a more vulnerable and hazardous setting now as they have to function more secretively so that the purchaser is not detained as that would harms their business by reduction of their clientele and such actions have driven the business underground and that is more harmful for the sex workers specifically.

However statistics depicting trafficking are significantly higher in countries which decriminalise or prostitution such as the Netherlands state that these places are top destinations for trafficking and the countries which outrightly criminalise prostitution(i.e impose criminal liability on the sex worker too) e.g USA also fall under the same bracket as stated in the research conducted by New York University School of Law.

Hence, the Nordic Model is way better equipped at decreasing Sex Trafficking, while the Dutch Model and other decriminalisation models are better equipped at having better and safer working conditions as well more rights and better standard of living for sex workers.

Indian Laws on Prostitution

Currently Prostitution has been governed by the Indian Penal Code, 1860 and the The Immoral Traffic (Prevention) Act, 1986 or PITA. The current legal provisions governing prostitution in India are very ambiguous to say the least. Prostitution in India is not illegal per se, however the Penal Code states some of the activities which are integral to commercial sex as illegal, these include soliciting such services at public places, carrying out such activities in a hotel, kerb crawling, pandering, owning a brothel or even running one and pimping or mediating.

Though these laws are made for protection of sex workers and to reduce human trafficking it has had a very counterproductive effect. One of the primary issues originates from the provisions PITA, 1986 entail criminal penalties against sex workers if they are caught “seducing” or soliciting their services or if they make their contact numbers public or if any such activities are conducted by them as stated above.

This causes major problems for such sex workers as they become easy targets. Instead of being protected by such laws they are made more vulnerable as they are forced to operate in a more secretive and potentially hazardous environment. Furthermore exploitation by the authorities is also targeted towards sex workers.

According to an extract from 1997 National Commision on Women by Roma Debabrata “Police extorts money from traffickers, prostitutes and kotha malkeens and is even involved in trafficking. Bharatiya Patita Udhar Sabha (BPUS), a union of Delhi-based prostitutes, contends that the police are involved in a staged process of registering the victims. After a minor girl is brought into a brothel the kotha malkeen (owner of the brothel) calls on the local officer (sub-inspector (SI) or assistant sub-inspector (ASI) and beat officer (havaldar or constable) and requests them to make a new entry for a newly purchased minor girl for which she pays Rs 10,000 to the police. Reliable sources also revealed to the BPUS that the minor girls have to first satiate the sexual urges of these SIs, ASIs, havaldars and constables.

The BPUS also says that the police have designed a slab structure of protection money to be collected from kotha malkeens if they open a new kotha(brothel). The bribe rate of the police is as follows:

• Rs 50,000 for a brothel consisting of 10 minor girls.
• Rs 1 lakh for a brothel of 20 minor girls.
• Rs 3 lakh for a brothel having up to 50 minor girls.”

Hence such laws are fatal to the rights of a sex worker and instead make such workers easy targets for abuse consequently encouraging sex trade and human trafficking itself.

On November 8, 2014, a proposal to legalize prostitution in India was put before the Supreme Court. The Public Interest Litigation was filed by Bachpan Bachao Andolan which is primarily in favor for curbing child trafficking. A Supreme Court bench of Justice Dalveer Bhandari and Justice AK Patnaik asked the Solicitor General: “When you say it is the world’s oldest profession and when you are not able to curb it by laws, why don’t you legalize it?”

However the degree of lack of transparency in India has been clearly shown above which would mean greater risks for sex workers and huge incentives for traffickers if prostitution is legalised. In addition to that provision of rights as promised under Dutch model would be harder to attain due lack of awareness especially in the remoter areas of the country.

India and Human Trafficking

Human trafficking is the 3rd largest organized crime after narcotics and arms trade in the world. The New York Times reported that India is a major hub for sex trafficking. It stated that the Indian state of Jharkhand has major problems of sex trafficking while there is also import of young women as sex slaves from its neighbouring countries of Nepal and Bangladesh.

In its report it New York times stated that poverty and disadvantaged position in society made a woman the most vulnerable to the sex trafficking. Rapid urbanisation and people migrating to larger cities and increasing demand for commercial sex as well forced marriage due to gender selection while giving birth leading disproportionate number males and females were stated to be the leading factors fueling sex trafficking in India.

Why the Nordic model is more apt than the Dutch model in the Indian scenario. As has already been mentioned above, India is a hotspot for human trafficking especially for the purposes of sexual slavery. This is a common feature amongst the countries that follow the Dutch or legalised approach towards prostitution.

In addition to that the transparency in Indian system gets hampered due to unawareness of rights by the impoverished illiterate sections most vulnerable and affected by trafficking and forced prostitution. Efficacy of the Dutch model will also be questionable in the more remote areas of the country where application of the judicial system is not at par with that of large towns and cities. Other factors include lack of transparency in the system in dealing with sex workers and collusion of the authorities with the criminals. It must also be seen that the countries that have decriminalised prostitution are mostly developed countries with high literacy levels and more manageable sex worker populations and a stronger and more advanced aid system that ensures provision of certain level of rights and standards of living to the sex workers in these countries. Hence, results of the functioning of the Dutch model in those countries cannot be applied to or expected in a similar methodology in India.

It was found by a committee set up by the Apex Court in Gaurav Jain vs Union Of India {1997 (8) SCC 114} that “In terms of education level; 70% of them are illiterates while 4% only are literates. Only 24% of the prostitutes are educated at primary and secondary level while 1.4% have higher qualifications. Therefore, prostitution is primarily due to ignorance illiteracy, coercive trapping or scare of social stigma.”

In furtherance of this, legalisation of prostitution will give a huge incentive to traffickers for continuing and expanding their trade.

This compiled with the social and religious alignation of the country makes it definite that any sort of a dignified outlook to those forced into such trades would be a myth. Indian judiciary and Supreme Court itself has stated that it does not in anyway support legalisation of prostitution whilst discussed the matter due to the backlash it received.

In fact the Courts themselves have held the stance that prostitution should be run in secretive manner the Supreme Court in State Of Maharashtra & Anr vs Indian Hotel & Retaurants Assn.& … {S.L.P. (C) No.14534 of 2006} stated that “A prostitute who carries on her trade on the sly or in the unfrequented part of the town or in a town with a sparse population may not so dangerous to public health or morals as a prostitute who lives in a busy locality or in an over-crowded town or in a place within the easy reach of public institutions like religious and educational institutions. Though both sell their bodies, the latter is far more dangerous to the public, particularly to the younger generation during the emotional stage of their life. Their freedom of uncontrolled movement in a crowded locality or in the vicinity of public institutions not only helps to demoralise the public morals, but, what is worse, to spread diseases not only affecting the present generation, but also the future ones.” This again goes on to show that prostitutes are not seen as victims but dangerous elements to society showcasing the social perception at the practice and how the Judiciary may not take a favourable view towards sex worker rights.

The Apex Court in Shankar vs State Of Tamil Nadu {1994 SCC (4) 478, JT 1994 (3)54} “Prostitution is an activity bad in social sense as witnessed and is prohibited legally.”

This is clearly indicative of the social and cultural stance of India towards prostitution. It can be positively deduced that the country is not sensitised in regards to sex workers and their rights. The decriminalisation approach in such circumstances would not help sex workers, rather its application would be a huge conundrum from both the judicial as well as social point of view.

Thus, at least with regards to the current trends and problems faced by a developing country like India legalization of prostitution cannot be contemplated as the right move.

In contrast to the Dutch model in the Nordic model as stated above the primary emphasis is on depletion and eradication of trafficking and prostitution itself and the model has been successful in its application in that regard. As has been clear by the statistics the Nordic model has been more useful in providing protection and safety to women, in 2015 no sex worker was killed in Sweden while in Germany where it is legalised 70 were killed by pimps and buyers.

In regard to discouraging prostitution, though prostitution has not been completely eradicated in Sweden, it has dropped from 13.6% in 1996 to less than 7.4% in 2014. This in turn discourages and reduces trafficking.

While the sceptics of the Nordic model claim that its application may drive prostitution underground which would make it more dangerous for both the sex workers as well as the the buyers, it must be stated that the most of the sex business is already running underground in India. Various red light areas and brothels function without being backed by law. Application of the Nordic model would help lifting of the punitive measures against the sex workers which would significantly help them, as this would reduce the opportunity of them being targeted by authorities for exploitation. As has been stated above laws under PITA are usually used for counterproductive measures by the authorities and in fact are the biggest source of their exploitation. More often trafficked women have been arrested and penalized as ‘soliciting persons; The NHRC study shows that around 85 to 90 per cent of the arrested persons are women and most of them are victims of trafficking.

For this reason, the application of the Nordic model could be huge boon for sex workers in regards to their abuse and coercion through legal intimidation. This could very well also help breaking collusive rackets between pimps/traffickers/brothel owners and authorities as stated above in the excerpt from the National Commision on Women 1997.

Another argument that the opposers of this model state is that this would damage the business of voluntary sex workers. However it must be seen that such workers are a very small fraction of amongst those in the trade. A survey conducted in over 9 countries stated that 89% of sex workers wanted to escape prostitution but could since they had no alternative and that 68% met the criteria to be diagnosed with Post Traumatic Stress Disorder equal to that of treatment-seeking Vietnam veterans and victims of torture or rape.

Specifically looking towards the Indian scenario, NHRC in its report on trafficking mentions that according to a ‘CEDPA report states that in 1997, approximately 200 girls and women in India entered prostitution on a daily basis and 80 per cent were coerced into it.’

Hence the majority of the workers have suffered violence, sexual abuse and mental trauma and are a part of the profession by force not by choice and priority in law must be given to their security and rehabilitation.

Conclusion

According to me in the current position India cannot give to its sex workers an environment which gives them a basic standard of living with enforceable rights and a dignified taboo free life. On these current grounds the application of the Dutch model would inherently fail and would rather be counterproductive as it would lead to a increase in human trafficking. In the current scenario the application of the sex buyers law i.e the Nordic model would be more beneficial for sex workers as it would prioritise in rehabilitation of those who want to leave the profession and eradicate exploitative measures by removing all punitive measures against the prostitutes themselves.

The application of the Dutch model maybe the right direction at another stage in India, for that however the literacy, awareness, sensitisation of the society and the judicial and administrative tools for its efficient application in the whole country must be employed.

In order to achieve that, the first step in the right direction would undoubtedly be the adoption of the Nordic model as well re-training the authorities at the grassroot level with respect to their dealing with sex workers to avoid victimization of the victims themselves.

The construction industry is growing rapidly, more advanced methods are required in order to get the job done, and in most instances workers are unable to carry out task that are at hand thus the need for technological advancement, robotic and automation. As we enter the fourth industrial revolution it is almost impossible to ignore the fact that automation is needed. Furthermore economist argue that the effects of introducing technology to the construction industry to escalate productivity may result in job loss, thus mankind will ultimately be unemployed. In contrast, there is significant amount of people that will dispute that, even if automation will displace some laborers, the shift in technology forms a demand for labor.

Countries such as the United States and China are mostly affected by automation in general, and most of these automation causes worker displacement. According to the Oxford University researchers over 47 percent of United States jobs might be automated in the following twenty years .In the construction industry the automation merely replace workers but it rather enhances their work and cut out any inaccuracies that the worker could not have possibly been aware of. Automation is meant to make building easy, and with advancement of automation more skilled workers are needed to operate the machines. As we approach the fourth industrial revolution, infrastructure and enhancements will be need to cater for the new found demand. The construction industry is a highly capital industry, there has been a recent increase of capital in this industry. For instance, robotic bricklayer that called the semi-automated Mason short for SAM was created by the New York based Construction Robotics whereas another Company, Fastbricks Robotics made a robotic bricklayer called Hadrian X. These robotic bricklayers combined can lay over four-thousand bricks in a day and a manual labor can lay 500 bricks daily. A Road printer: this machine can lay pavement like mat, and it lays over four-hundred yards of road per day, and on the other hand it needs about three operators this means cutting labor. These bricklayers has reduced the amount of workers that usually lay bricks and has increased productivity by a huge margin, this is good for business but is it really benefiting the workers? Workers in construction cannot detect error with their naked eyes, to avoid such discrepancies machinery such as Virtual Reality (AR) come into existence, these robotics can detect faulty construction from afar, and ahead of time. The new discoveries in robotics has made both the public and private construction easier, they are fast and precise something that a manual worker takes long to do, they perform work efficiently, and they reduce the costs, Tripling the final product for construction firms. When it comes to health and safety of the workers the VR has significantly reduced injuries and fatalities but also replaced physical labor. China has diversity when it comes to automation in construction, automation is quicker and inexpensive, a company in china-Winson has built ten houses and a six-story building using 3D printer, this machine uses a combination of concrete and waste on site. It uses sixty percent material cost and it requires minus eighty percent of physical labor (Jill manzo, 2018). These advancements have consequently made construction a more capital driven industry and less labor rigorous, as a result of these innovations the Economic Forum has predicted that over Five-hundred-thousand employments will be compromised by the year 2020 (Jill manzo, 2018). As time goes by construction laborers globally will be out of work, as well as In the United States. It is evident that in the generations to come, the construction industry will be broad in terms of automation and robotics. While in the present day, workers perform their task in hostile conditions, they are the ones controlling these machines. If the capital increases and the technological advancements are increasing then human beings will control these machines from a distance in the next two decades, Mankind will merely work in the maintenance of these machines that build the tall and mighty building better known as the skyscrapers.

To every downside there is an upside, although many argue that these technological advancement are a major threat to our jobs in general, the construction industry is not an exception. These machines are accurate but they are just mere machines that are controlled by humans, and to many peoples surprise they cut out labor hours and they reduce the stress that may be experienced by workers. Human hands are needed to modify other things in the construction industry although they take up a lot of time and are costly they are not redundant. We are slowly approaching the fourth industrial, the construction industry is becoming more advanced and as a result the need for more skilled workers is inevitable, Machines do not pose as a threat to workers in construction but is there enough skills in the construction industry to control these machines? Machines will always be there and they perform jobs that can be strenuous and fatal for workers, that is good news to construction workers. Traditional methods have proven to be effective in the past and although they were effective, the always put workers health and safety at risk.

In conclusion, the highly intensive capital and technological advancement in the construction industry is both a blessing and a curse. Automation is created to work alongside the construction workers, without control it is merely an object occupying space. It is good for business, cuts labor hours, and reduces emotional distress that is experienced in the working space. As much as it cut costs and is efficient and effective, it displaces work and it needs less labor to perform a task, leaving other workers out of jobs. Only the skilled workers are left to control these machines, but they too perform minimal work, and that ultimately result in minimal wages and stress. More people in the construction industry need to be informed and educated about these machines lest the construction industry will be unbalanced and thus negatively impact the economy of the world entirely.

Kenya’s economic and employment crisis are driving more people to seek jobs outside the country. Women are the most affected because they are underrepresented in various sectors of the workforce, and therefore risky opportunities in the Middle East often seem like the only option.]About 42 percent of Kenyans live below the poverty line; therefore support through working abroad is the only life saver. Furthermore, there are few opportunities for low-skilled workers; and traditionally in Kenya, domestic workers, are underpaid by employers who do not respect the set minimum wage, and there is hardly any enforcement therefore many opt for the opportunities abroad where they are promised better pay. This is evident in our courts because the domestic workers move to court to enforce their rights. In Stella Amukoko Amutabi v Saijal Shikotra, The Claimant was employed by the Respondent as a Domestic Servant from 15.3.2008 and served until 31.10.2013 she resigned after serving a 3 months’ notice to the employer. She instituted a suit accusing her employer of underpayment during the whole period she rendered her service and further that she was forced to work during public holidays. She therefore sought to recover the salary underpayment plus compensation for the public holidays worked. The court entered judgment for the claimant in the sum of ksh.110, 576.60 being her salary underpayment in arrears. The above circumstances prompt Kenyans to migrate to the Middle East due to the lucrative job offers available and better wages. This is without due regard of the well-publicized risks that come with their stay in the Gulf nations. [1: Kenya National Bureau of Statistics Report,2018] [2: Jillian Keenan, ‘Doubts still linger on Kenyan’s safety in the middle east’ Daily Nation (Nairobi 29 July 2019)] [3: Cause No 112 of 2014]

THE IMPACT OF RECRUITMENT AGENCIES

A recruitment agency acts as a kind of intermediary between a company or an employer that’s looking to hire someone and a job seeker who is looking for employment. Before the government’s involvement in the labor recruitment agencies early this year, there were about 1,050 recruitment agencies both unauthorized and authorized operating from Nairobi, Mombasa and Kikuyu. The predicament facing Kenya is that after the government’s review, rogue brokers have emerged to circumvent the new regulations. They promise workers an official visa and a passport to the Middle East without getting any formal training and no way to get back home. [4: Winnie Otieno, `Only 65 agencies authorized to place workers in jobs abroad’ Business Daily (Nairobi May 7 2018)accessed 5 August 2019] [5: Ibid]

Agencies have played a big role in the recruitment of workers to be employed Saudi Arabia. This move has led to a number of Kenyans migrating to Saudi Arabia illegally using fake documents and as a result the government is not able to account for the number of workers in Saudi Arabia hence unable to put up effective mechanisms to deal with the violations they undergo. This move has led to government intervention.

In Khobesh Agencies Limited & 32 others v Minister of Foreign Affairs & International Relations & 4 others, The Applicants herein are involved in, amongst others, the act of hiring employees for different interested persons within and out of the Country including the Middle East for casual labor. In the process of carrying out their duties, they enter into numerous Contracts with other agencies, institutions and organizations out of the country with the sole intention of assisting Kenyans interested in securing Employment abroad but for gain and pursuant to the 2nd Interested Party’s Procedures and Requirements for operating a private employment agency, the accreditation certificates are issued by the said 2nd Interested Party and the same is valid for one year. However, in 2012 the Applicants experienced difficulties in having their accreditation certificates renewed by the Ministry of Labor for unknown reasons .They moved to court citing the said action by the Ministry was precipitated by recent happenings of reported mistreatment of domestic workers in the Middle East Countries which was of major concern to both the Kenyan Government and the public at large. The court held that there was nothing wrong in the steps taken by the Government in protecting its citizens from the risk of cruel, inhuman and degrading treatment in the Republic of Saudi Arabia until such a time mechanisms would be put into place ensuring that the citizens of this Country do not face any derogatory treatment in the said country.

The business daily reported a case of a woman, Zawadi, who was recruited by an agency via illegal means and has since been missing, after she was allegedly forced to convert her religion contrary to her will .Apprehensive of her fate Zawadi called her family and instructed them to ensure that her body is brought back to Kenya for burial in case of death and claimed that it was the last time she was calling them. The woman who recruited her is well-known and has been accused of colluding with fake agencies in Nairobi and Mombasa to hunt and recruit naïve girls. The above story reflects how the agencies have a huge impact on Kenyans as they make appealing offers to their customers which they cannot turn down but they end up coming back home in coffins because they went to the Gulf illegally . [9: Winnie Otieno,` Shady Agencies lure youths despite ban’ Business Daily(Nairobi 9 November 2018) accessed 30 July 2019]

Currently, more than a hundred registered recruitment agencies were allowed to resume practice under strict new guidelines.NEA which was launched in May this year has been tasked with protecting workers abroad. Each agency is required to pay a Sh1.5 million bond so that if an agency sends a worker into an abusive situation, the cost of returning her home will be met through the bond. New workers also need to undergo a two-week certification course, within a syllabus developed by the government’s NITA and NEA. It includes homecare training, life skills and pre-departure information taught by a handful of training institutions authorized and vetted by the government. [11: Njeri Rugene, `Doubts still linger on Kenyan’s Safety in the Middle East’ Daily Nation (Nairobi,29 July 2019)2]

IMPACT OF KENYA-SAUDI ARABIA BILATERAL AGREEMENT ON KENYAN DOMESTIC WORKERS

In September 2011, the Ministry of Labor convened an Inter-Ministerial Committee to draft a labor agreement particularly aimed at providing a legal framework for the protection of rights of Kenyan domestic workers. This move was led by the fact that the Saudi Arabia Government has not subscribed to the International labor conventions therefore exposing Kenyan domestic workers to abuse. Further, Saudi Arabian Government declined Kenya’s request of having a bilateral labor contract, leaving the Kenyan Government with no other choice but to halt further migration until a proper framework was put into place to protect the workers. [12: Christabel Ligami ,`Kenya Lifts Ban on Sending Workers to Saudi Arabia’ (2017)News Deeply accessed 29 July 2019]

A bilateral agreement was signed in 2017 whose aim is to enhance cooperation on recruitment of domestic workers in a manner that realizes the interests of both countries maintains their sovereignty and secures the rights of both the workers and employers; to realize the importance of promoting cooperation between both countries in this field of recruitment of domestic workers; recognizing the importance of mutual cooperation, to strengthen actions on labour matters by encouraging consultations and dialogue among the stakeholders as well as to promote a harmonious relationship between domestic workers and employers. [15: Agreement between the Government of Kenya and the Kingdom of Saudi Arabia on Recruitment of Domestic Workers]

The agreement is only valid for 5 years but is subject to renewal for similar periods. The main impact is the overall improvement of working conditions. The workers will enjoy better working conditions, insurance cover including a life insurance policy as well as descent accommodation accompanied by a decent meal. The minimum wage is now set at Sh40, 000 for any work done in addition to overtime allowances. Initially these things existed but had not been enforced. [17: Article 11, Agreement between the Government of Kenya and the Kingdom of Saudi Arabia on Recruitment of Domestic Workers] [18: Christabel Ligami ,`Kenya Lifts Ban on Sending Workers to Saudi Arabia’ (2017)News Deeply accessed 29 July 2019]

The agreement has led to the introduction of what is best known as a Musaned system; where employment agencies are required to be registered legally and carry out their businesses in accordance with the laws of Kenya. Following this, the number of agencies has drastically reduced from 1,000 to less than 100.This system incorporates the electronic recruitment of house helps and also lists the rights and duties of domestic workers. They are also required to carry out training, which will equip migrant workers with the knowledge, skills, attitudes, and values to enable them cope with the challenges of their new work environment. The system enhances the smooth running of the contracting process, it provides accurate labor market information, offers a fast dispute resolution, reduces recruitment costs and ensures there is transparency [19: Article 5, Agreement between the Government of Kenya and the Kingdom of Saudi Arabia on Recruitment of Domestic Workers] [20: James Wanzala, ’Pact with Saudi Arabia raises minimum pay’, Standard Digital (Nairobi 22 Jan 2019)accessed30 July 2019] [21: ibid] [22: James Wanzala, ‘Pact with Saudi Arabia raises minimum pay’, Standard Digital (Nairobi 22 Jan 2019) accessed 30 July 2019]

The agreement grants the contractual parties the right of recourse to competent authorities in case of contractual dispute, in accordance with applicable laws. This means that Saudi employers will not be able to hold domestic workers hostage if they act contrary to the terms of the contract. [23: Article 4g, Agreement between the Government of Kenya and the Kingdom of Saudi Arabia on Recruitment of Domestic Workers]

SUMMARY

International Human Rights law as currently structured does not expressly provide for protection of domestic workers from abuse in countries like Saudi Arabia. It has been proposed that the global community should derive a set of principles from the already existing framework which will guarantee individual accountability of human rights violations.

The article ‘Blue-Collar Brilliance.’ published in The American Scholar by Mike Rose is about blue-collar workers. An example of blue-collar workers are people who hold jobs in restaurants or factories. People who work with their hands but still must use problem-solving skills to do their job correctly are blue-collar workers. Mike Rose gives a child’s view of his mother working as a waitress and his uncle working as a foreman at the railroad. These jobs appear to be simple, yet Rose realizes as an adult that they are not simple at all. Blue-collar jobs are not simple jobs because they require physical exertion as well as mental alertness sometimes simultaneously.

Rose comments about understanding blue-collar work require both body and brains in his essay. Blue-collar work is both physically and mentally demanding. Working as a waitress required his mother to be on her feet for long hours and to coordinate and remember many tasks. Being a waitress requires carrying many items at once such as several plates of food to be delivered to tables, remembering which customer ordered which food, refill drinks for people already eating while taking orders from new customers, keeping track of how long it takes the kitchen to prepare the food so customers aren’t waiting too long all the while being kind and courteous. One example is given by Rose that waitressing requires both body and brain is that his mother juggled seven to nine tables with two to six customers each. This task alone requires patience and timing to keep the process of serving a perfect meal seamless and meet the customer’s expectations. In this type of blue-collar job, the employee must learn ways to remember which customer ordered which meal, how to minimize trips from tables to the kitchen, and how to be as efficient as possible. The profession of diesel technicians will also be physically and mentally demanding. Performing maintenance on diesel trucks is a physically demanding position and will also require critical thinking skills to diagnose problems with trucks. Fixing things right the first time will be important since having to redo any task is wasting the employer’s time and money. Employers expect their employees to be efficient when performing their job duties. Blue-collar jobs require both physical labor and mental efficiency.

‘Generalizations about intelligence, work, and social class deeply affect our assumptions about ourselves and each other, guiding the ways we use our minds to learn, build knowledge, solve problems, and make our way through the world.’ (Rose, n.d.) It is common for high school graduates whose parents have the resources to send their children to college and the students whose parents do not have the resources either go to trade schools or enter the world of work taking whatever type of job they can find usually a blue-collar job. This is the reason that society assumes lower class people or people who make less money work in blue-collar jobs and people who attend college work in white-collar jobs. The world has evolved, and education is now more accessible and, in some cases, more affordable giving opportunities to people who previously could not afford college the chance to get an education. Thus, lower class or people who do not make a lot of money get the chance to go to college and get white-collar jobs instead of having to settle for blue-collar jobs. Some people come from poor neighborhoods, who barely had good enough grades to graduate, or didn’t graduate high school who can now get a GED, get into college and obtain doctorate degrees thanks to more affordable education and remote learning opportunities. There are now people who once thought they would never have white-collar career opportunities that can reach their dreams of becoming doctors or lawyers instead of having to settle for being factory workers or waitresses. Social class no longer dictates how we perceive ourselves or how the world perceives us. Intelligence and the way people learn no longer dictate career fields. Learning opportunities are now endless with cell phones and the internet. Rose is mistaken to think that intelligence, work, or social class affect the assumptions about people because education has evolved.

The first claim made by Rose in his essay relates to the use of mathematics. Rose states that in most workplaces working with numbers is common. An example of working with numbers would be taking measurements such as pressure or temperature. Ingredients on labels, spreadsheets, the number of items produced, or the cost of an item would be examples of working with numbers. Some factory jobs require the worker to verify calculations, check the accuracy of a machine, or collect data and analyze it. Carpenters need to constantly measure to be sure they are building items accurately and waitresses must fill out tickets for meals served. Rose is correct in claiming that numbers are common in most workplaces. Many blue-collar jobs require the use of mathematics and the workers in those jobs can verify that fact. Some examples of those jobs are waitresses, carpenters, machine operators, cabinetmakers, sales associates, truck drivers, millwrights, assemblers, a construction worker. Another claim made by Rose is that physical work does not require a high literacy level and that blue-collar jobs require more reading. This statement sounds contradictory because blue-collar jobs that require reading would also require the worker to be literate or able to read. As Rose states many routine tasks involve reading such as understanding production quotas, learning to use an instrument, following an instruction manual, or applying a product. Waitresses and cooks in restaurants need to be able to read customer food orders and factory workers need to be able to read instruction manuals. Some professions have their own set of abbreviations or a set routine where reading instructions or test results could become a routine activity in which no real literacy would be required once the employee learns the work. However, a certain amount of literacy would be required to learn such a job. Most employers of blue-collar workers require potential employees to take competency exams to prove that they have basic reading and math skills that will allow them to do the work required. If employees cannot read and understand they will not be able to do their job accurately and will most likely cost the employer money with their mistakes.

Blue-collar jobs require both physical exertion and mental prowess. Blue-collar workers are constantly thinking of ways to do their jobs quicker, better, or easier while still doing a good job. Employers count on these employees to find ways to be more efficient and save money to increase profits and keep customers happy. Blue-collar jobs are important jobs that keep the economy growing.