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 Policies and Regulations Post independence and outdated policies and regulations Controlling growth of indigenous businesses Punitive and drove people away from doing business Policies to protect consumers,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.