STRUGGLES AND ORGANISED RESPONSES OF INFORMAL WORKERS

1. STRUGGLES AND ORGANISED RESPONSES OF INFORMAL WORKERS Winnie V. Mitullah Institute for Development Studies (IDS) University of Nairobi

2. CONTENT • Introduction • Issues of Struggle • Policies and regulations • Trading Spaces • Fees and Licensing - Infrastructure and services Organised Responses

3. INTRODUCTION • Struggles originate in how work is conceptualised – formal/informal • Concept `informal work is controversial • Majority of workers are transitory • ILO Declaration on Right to work applies to all workers regardless of employment relationship or formality status

4. INTRODUCTION • Right to work: freedom of association, right to collective bargaining and elimination of all forms of forced labour • The informal economy is growing and employing over 70 per cent • Majority of informal workers are poor and lack both legal and social protection • Jobs generated lack pillars of decent work

5. INFORMAL WORK Categories of informal work • Employer (own account and owner operators • Self employed (own account, heads of family businesses, unpaid family workers) • Wage workers( employees of informal enterprises, casual without fixed employer, homeworkers, domestic, temporary and part time & unregistered workers.

6. INFORMAL WORK • All categories of informal workers are exposed to decent work deficits • Are exploited as opportunities in the formal economy dwindle • Work under inadequate and unsafe working conditions – irregular and low income, long working hours, exclusion from social security and protection schemes, work related incidents and injuries

7. STRUGGLES OF INFORMAL WORKERS • Policies and regulations • Trading spaces • Fees and charges • Infrastructure and services

8. Policies and Regulations • Post independence and outdated policies and regulations • Controlling growth of indigenous businesses • Punitive and drove people away from doing business • Policies to protect consumers, investors and general public • Vending viewed as untidy, obstructing traffic and public nuisance • Persistent confrontation with authorities • Confrontation vicious due to lack of associations

9. Policies and Regulations • Inability to review policies until the era of reforms • Lack of appropriate institutional framework • Informal workers managed through wrong departments – traffic and enforcement • South Africa was the first African country to initiate innovative policy process • Policies should conceptualise informal work as productive that contribute to economic growth • Enforcement of inappropriate policies a major challenge • Policies do not reflect the realities of informal workers and has encouraged rent seeking from authorities • Enforcement not for compliance but manipulation

10. TRADING SPACES • A major borne of contention since SV and IT not allowed to trade in CBD • Inclusivity and Exclusivity • Myth of informal traders denying formal traders business • Several attempts to relocate SV and IT outside the CBD without success • Allocation of space differs for formal and informal workers • Formal workers and firms favoured as opposed to informal workers • Traders face persistent harassment, confiscation and loss of goods

11. Fees and Licensing • Informal workers pay different forms of fees and licenses • Fear of fees payment attracting more IW • Subjected to harassment after paying fees and licenses – lack of consistent policies and regulations for IW • Lack of effective coordination between authorities collecting fees and those enforcing rules and regulations • Majority trading without licenses and having a license does not protect the workers • Traders also required to observe other trading requirements, including health requirements

12. INFRASTRUCTURE AND SERVICES • IW operate without infrastructure and services (water, sanitation, electricity, garbage collection and storage facilities • Trading spaces allocated without relevant services • IW access relevant services expensively outside their working environment, while others provide their own services

13. Organised Responses • Different treatment for formal and informal workers due to conceptualisation problem • Difference in treatment due to lack of representation and voice • Trade unions have began acknowledging IW and accommodating them • Rethinking informal work should concentrate on organising • Associations lack bargaining power and cannot effectively advocate for informal workers rights

14. Organised Responses Cont. • Majority of associations focus on welfare with very few focusing on workers rights to working space, and improved policy and legal environment among others • 1991 ILO focus on the dilemma of the informal economy initiated support to the sector • Organised responses facilitated by civil society, including transnational organisations – the case of KENASVIT and StreetNet

15. Organised Responses Cont. • IW have made remarkable gains since they began organising • The level of organising and linkages established has enabled lobbying, and engagement in policy dialogue and influence • Improved relations with authorities

16. Outputs of policy engagement • IW have participated in Govt led: • National Land policy development • Development of MSE Bill • Development of Nairobi City By-laws • Commissioning of hawkers bazaar by the President • Representation at the Kenya Private Sector Alliance (KEPSA)

17. Outputs of policy engagement Cont • Urban alliances engaging urban authorities on issues relating to working environment • National alliance and affiliates have increased their visibility, confidence and ability to influence policies towards their interest • Associations have been recognised and represented in some organs of governance • Harassment has reduced and occasional harassment results in demonstration and protests - death of IW and police

18. CONCLUDING REMARKS • The power of statistics - IW conducting a census to know their numbers • Informal workers face challenges in the areas of capacity, communication, resources, including finance and skills • The linkage with transnational organisations is filling the gaps created by various challenges • Sustainability of the gains made doubtful unless local frameworks for sustaining the gains are put in place.