By Kaveesha Coswatte

The Violence and Harassment Convention (C190) is the latest legal instrument to provide the widest coverage into workplace discrimination and violence. The creation of this universal framework as the first-ever international treaty to refer to work based violence as a human rights violation remains groundbreaking as it not only includes a worker in any sector or any stage of employment, but also the expansion of what constitutes a workplace creates a far-reaching umbrella of protection and remedies. C190 gifts the world of work and labour, an action-oriented guideline structure to create a workplace of freedom and dignity, mutual respect, and one that any person can enjoy working in.

Understanding C190

The Convention redefines “violence and harassment” as a range of unacceptable behaviors that could potentially harm the physical, psychological, sexual, or economic well-being of the relevant person and seeks to protect and benefit all workers without any special distinction regarding their contractual status and form of work. This allows the C190 to extend its ambit towards many different classes of workers, be it in the formal, public, informal, private, freelance, or any other sector, and be inclusive of job-seekers, interns, apprentices, volunteers, casual workers, etc. There must also be a special acknowledgment that the scope of the Convention has extended towards transportation, health, education, domestic work, work done in late hours as well in isolated areas.

As mentioned before it applies to all sectors and also locations, be it urban or rural. It also recognizes that the conventional workplace that is stationary and immobile has changed where virtual workspaces also exist. The Convention also extends its bandwidth to cover activities linked to or arising out of work, even if the physical location of an incident is outside the four walls of the regular office space. These can encompass (but will not be limited to) “the workplace itself, where the worker is paid, takes a break or eats a meal, uses sanitary facilities, during work-related trips and activities, through work-related communications (including communication using information and communication, technologies), in employer-provided accommodation as well as the commute to and from work”.

The Convention can only become legally binding on a country if it is so ratified by the relevant country and its enabling legislation, but it has become increasingly popular with many nations as it calls for a fully inclusive and gender-responsive approach in the workplace and imparts an obligation on all employees in every position and hierarchy, to recognize the fundamental principles and rights afforded to all at work. The ultimate goal here is to lay the foundation and activation of a decent work environment for all, with no coercion, fear of retaliation, or discrimination on any basis.

The Case of the Transgender Worker

While Sri Lanka has many statutes that apply to labour conditions and the area of employment, the rights, and benefits conferred by them are primarily extended towards Public or Private employees who are employed on a more permanent basis. However, even to those who have secured such rights, the stigma against being a part of the LGBTIQ community in a country that criminalizes same-sex relations and views anything out of heteronormativity as “unnatural” and “disgusting”, many transgender persons in the workforce either live in different gender identity to who they truly know they are and hide their truth from their colleagues and employers on a daily basis. An interesting dynamic here is that such discrimination does not differentiate between the male or female identity of the transgender person, but purely on the fact they are found out to be transgender.

A collection of incidents experienced by both transgender men and transgender women will follow here, some stories may be distressing to a sensitive reader, yet, it is imperative that we are aware of the real stories of these individuals who only seek acceptance, respect, and the right to earn a living.

1. A transgender female mentioned that she used to work as a nurse in the Kurunegala Hospital, where the senior nurse used to treat her differently which made her decide to leave her job and work privately as a home nurse. She stated that she had to dress like a man even though she was employed on her skills and not her gender. During her work as a home nurse, one client had asked her to leave based on her being a transgender person.
2. One transwoman had been working in an IT company and was subjected to verbal harassment from her team. During COVID19 they had taken the opportunity to terminate her services by making her redundant.
3. Another transwoman had been working in a shop for 2 years and had left her job because she had been sexually harassed and assaulted by every single person working there.
4. One transman had been intoxicated by his colleagues and sexually abused.
5. Another transwoman had been working in a well-reputed supermarket chain in Batticaloa where the manager had sexually harassed her. He had tried to grab her while she was in the storage room trying to restock some items and she had defended herself, where he threatened that he would rape her. She mentioned that she would have been promoted to assistant manager but she had to leave her job due to the actions mentioned. She had spoken to the Area Manager and asked to speak to General Manager, but does not think any solution will come out of it.
6. Another transwoman mentioned that she is doing a data entry job at a factory that has morning shifts for women, but she keeps being assigned night shifts and double shifts even after her appearance started to change to female visibly. She is not allowed to use the female restroom, and since she is scared to use the male washrooms she waits to use the facilities after everyone leaves at the end of the day or in her home. She also mentioned that during night shifts she has been both verbally and sexually harassed.

Many had also experienced harrowing situations when they have found a place of boarding near their workplace. The issue of not being able to find suitable and stable accommodation also plays a major role in the loss of opportunity and many transgender persons being forced to leave employment since they have no place to live.

1. One transwoman had been chased out of her boarding place after they checked through her belongings and found dresses and make-up while she was out of the room at work. This same situation had happened 3 times before and resulted in her giving up trying to work and returning back to her hometown.
2. Another transman mentioned that after making the necessary payments for his room, the landlady had moved him to the floor of her room because a female occupant had complained.
3. Similar stories were shared by two other transmen, where they had found accommodation near their new workplace and a girl had complained saying she is not comfortable with them being there and the owner had evicted them around 10 pm in the night. When they found another boarding place, other female tenants had harassed them, which resulted in them leaving their job and returning back home.

It was also found that due to the lack of opportunities, and also the termination of work, and many situations that are effectively working against them, many transgender persons conclude that the only occupation they can engage in because of their gender identity is sex work. Many transgender persons have not finished school or received higher education to hold necessary qualifications, in fact, there is an increased rate of trans individuals being school dropouts due to internal gender dysphoria, which is a condition of intense dislike for one’s sex at birth and their physical body as it contradicts their preferred gender identity. This condition is heavily triggered by hormonal fluctuations during the teenage years. It was mentioned that for many transwomen, acceptance of their new gender is a hopeful need and lifelong dream, and in the absence of work opportunities, they turn to sex work for the acceptance they seek.

The aforementioned dilemmas faced by the transgender community are heightened by the lack of laws and proper procedures in place within the system. Many transgender persons are not able to find work due to the fact that their documentation has not been completed as per their new identity and requires a long process. But for some, the amended documents presented create issues at work or with potential employers once their history is revealed. In this sense, it almost presents a double-edged sword.

However, C190 lays paramount importance on Gender-based violence, and as per the WHO definition of Gender as “the characteristics of women and men that are socially constructed, while sex refers to those that are biologically determined”, a transgender person will be considered for protection as they are persons who are going beyond the socially constructed stereotype of what should be male and female. As per the definitions of worker and workplace explained prior, it is an obvious deduction that all the personal accounts given by the participants can be remedied and protection afforded to them if C190 would have been in force in Sri Lanka, at least on legal standing.

For a workplace to sustain a fundamentally built safe working environment, employee satisfaction, and productivity, the issue of dignity and security in the workplace occupies the main stage. Transgender persons are also individuals who are well within their right to work, enjoy a better life, and able to contribute to the labour force and economy of Sri Lanka. Instead, they are threatened, belittled, terminated from work on false grounds, and end with a tragic resolve to engage in sex work. If not, they remain in suffering as someone who they are not, in fear of each passing day of a colleague or employer exposing them or discovering their past. In a world where tools like C190 exist that can provide a brighter day to these individuals, it should be sooner than later, that Sri Lanka ratifies C190.