The majority of Asia’s 60 million migrant workers are women, and many of them work as housemaids and nannies. MFA believes that existing international conventions do not adequately protect their rights.

“A definitive, coherent, and comprehensive instrument is needed to clearly establish minimum standards and rights for all domestic workers as workers,” Migrants Forum Asia executive committee chair Ellene Sana said in a speech on June 3 to delegates to the ongoing 99th International Labor Conference in Geneva, Switzerland.

Sana lamented that domestic work has not been fully and widely recognized as work; domestic workers have not been covered by labor laws that protect and promote their rights, welfare, and dignity.

“Despite the significant contributions of domestic workers to their households and employers’ families, to communities and countries (both of origin and destination), and to the industries and economies in which they selflessly invest their time, skills, sweat and tears, these domestic workers have yet to enjoy the recognition they have so long deserved,” she said

You can read the full article here.

Most women that migrate for work do so because of poverty and a lack of opportunities in their home countries. em

The extensive 26-page report surveyed the conditions of domestic workers in Lebanon, Jordan, Saudi Arabia, Kuwait, the UAE and Bahrain (as well as Malaysia and Singapore). The report remarked that the conditions of migrant domestic workers are gradually, albeit slowly, improving. However, domestic workers are still extremely vulnerable and under-protected in the Middle East.

The report details how migrant domestic workers can be subjected to exploitation by several actors, starting from recruitment agencies in their own countries and up to policemen in their country of destination if the approach to report abuse. As the report states “the failure to properly regulate paid domestic work facilitates egregious abuse and exploitation, and means domestic workers who encounter such abuse have few or no means for seeking redress.”

The vulnerability begins at home, where recruitment agencies often provide false information to migrant workers about their future conditions and pay. Those agencies usually demand a high fee for securing the work visa, forcing the future workers to go into debt. The burden of debt to the agency makes the domestic worker fearful about reporting abuse and possibly losing their job and being unable to repay the “loan” to the agency. Once a worker arrives to his county of destination, recruitment agencies sometimes substitute the contracts the woman signed back home with a new contract with poorer conditions. We have covered a case of such worker, Grace from the Philippines. She was promised a job in Qatar as an executive secretary for 700 QAR per month, but upon arrival she was informed that she’ll be taking care of a child, with no days off and for 600 QAR ($165) per month.

Domestic workers in the surveyed countries require a local sponsor, to whom their work visa is tied. The sponsorship creates dependency and vulnerability and makes exploitation much more likely. As the report remarked “As the immigration sponsor, the employer can typically have the domestic worker repatriated at will, provide or withhold consent on whether she can change jobs, and in Saudi Arabia and Kuwait, obstruct her ability to leave the country. In practice, termination of employment often means the worker is obliged to leave the country immediately with no opportunity to seek redress for abuses or settlement of unpaid wages… Migrant domestic workers who leave their employment without their employer’s consent lose their legal status, making them subject to immigration penalties and deportation.”

We’ve previously reported how an unpaid Indian worker (read: slave) resorted to hiding in an airplane bathroom to be able to return home, after his abusive employer wouldn’t return his passport and give him permission to leave. Other employers, once their domestic workers muster up the courage to report the abuse, often counter-accuse the worker of committing crimes like theft of running away, and the police sometimes takes their side. We previously reported about a Sri Lankan maid who ended up in a Jordanian hospital after her employer beat her. When she complained, the employer accused the maid of theft and child abuse and the maid was arrested while still recovering from her injuries.

The invisibility of domestic workers in the homes of their sponsors to the outside world creates an increased risk of abuse, sexual harassment, food deprivation, and forced confinement. “In the worst cases, domestic workers may become trapped in situations of forced labor, trafficking, or slavery, or they die from murder, botched escape attempts, or suicide”, the report states. As we’ve documented, the high numbers of domestic workers taking their lives in Lebanon, Kuwait, Bahrain and Saudi Arabia is extremely worrisome and attests to the poor living and working conditions those housemaids have to endure.

The justice system in most Middle Eastern countries discriminates against migrant workers. As the report remarked, “Human Rights Watch has documented patterns in which the combination of poorly conducted investigations, lengthy trials, and weak enforcement of judgments combine to pressure victims of violence into accepting small financial settlements, a return ticket home, or nothing at all.” Last year we mentioned the case of an abused Sri Lankan maid who ran away from her Bahraini sponsor and approached the police, only to be returned to him. We also reported about the case of an Indian maid who was severely abused by her Bahraini sponsor who returned to India five months after the case was filed, and yet no charges was brought against her abusive sponsors.

Labor and Immigration Reforms

The report discusses the positive reforms in the labor and immigration laws made by regional governments. Unfortunately, other than in Jordan, regional governments do not include domestic workers under the protection of its labor laws. Other regional governments, like the UAE and Lebanon, introduced the standard employment contract, which regulates the domestic worker’s wages, but “falls short of providing the comprehensive protections provided under national labor laws”, the report noted. The contracts, which are also in use of private recruitment agencies in Saudi Arabia, do not give housemaids a weekly day off, it does not limit their working hours, and permits employers to forcibly keep their maids indoors. The reformed laws in Jordan still allows employers to hold their domestic worker’s passport and prohibit them from leaving the house, even on rest days. Changes in the sponsorship system in Kuwait and Bahrain excluded domestic workers.

Exposure to Racism and Sexism

The report notes that “Government officials, employers, and recruitment agents often make arguments against reform that reveal deep racial and gender stereotypes about migrant women and men, and the insecurities of wealthy elites that may feel physically and culturally threatened by large migrant populations but are also deeply dependent on them.” As we’ve shown, media reports in Qatar, Saudi Arabia and the UAE portray domestic workers as abusive sneaky witches, lazy liars and criminals. In addition to this “A second set of tensions around immigration reform center on sexual stereotypes and fears. Employers commonly describe their fear of migrant men or express stereotypes of migrant women as either sexually loose or as innocent and naïve in order to justify their practices of confining migrant domestic workers to the home and prohibiting them from taking a day off”, the report states.

The Human Rights Watch report paints a bleak picture about the rights of migrant domestic workers in the region. Despite the reforms, there is still a long way to go before domestic workers can arrive to the Middle East without fear of being abused, exploited, discriminated against and ignored by authorities.

While we are encouraged by such proclamations, we offer our readers to remain cautious. It is hard to forget that Dr. Al-Afasi announced plans to abolish the sponsorship system months ago, and yet Kuwait’s new labor law, which passed in December 2009, did not include this necessary change. The law also did not set a minimum wage for private sector workers (most of whom are expatriates). We hope that this time, the announcements coming from Kuwait’s government will materialize.

Much criticism has been leveled against Kuwait’s new labor law, which was passed late last year, for not going far enough and abolishing the Sponsorship system, for not include domestic workers under its protection, or for not setting a minimum wage requirement. Another downside of the new law, which highlights its discriminatory nature, is the prohibition on creating labor unions which applies to Kuwaiti and expatriate employees, but not Kuwaiti employers. Migrants are also not allowed to form syndicate organizations, unlike their Kuwaiti counterparts, leaving them with no ability whatsoever to unionize and demand their rights in a collective fashion.

Iftikar, a Pakistani worker who was recently interviewed by the Kuwait Times stated that the law is pro-Kuwaiti and pro-employers adding that “this is of course a clear violation of our rights as expatriates. As if we are not a part and will not be affected by whatever decisions are made in the company. The law is very selective; the law pertaining to labor unions discriminates expatriates against local workers”.

1. Death of Domestic Migrant Workers in Lebanon
This story is significant not just because of the sheer number of deaths and their alarming frequency, but also because it drew the attention of human rights organizations, international media outlets and governments to the abuse domestic workers suffer in Lebanon. Following the string of suicides in October 2009, Nepal banned its women from working in Lebanon and a court in Lebanon sentenced an employer to a short prison sentence and a fine for abusing her maid. Domestic workers in Lebanon are still not protected under Lebanon’s Labor Law and the Sponsorship system makes them almost completely dependent on their employer.

2. Changes in Bahrain’s Sponsorship System
While we judge that the proclamations about the “abolishing” or “axing” of the Sponsorship System were premature in Bahrain, the changes instituted in September of this year are a significant step forward. Expatriate workers who were previously chained to one sponsor and depended on him to stay in the country, can now switch sponsors, even if their sponsor objects. This in theory ensures that abused workers, or those who are not properly compensated, can switch to a better sponsor instead of losing their residency. Unfortunately, the new law does not apply to the most vulnerable of migrants – domestic workers.

3. The Dark Side of the UAE’s Construction Boom
Like our number one pick, this is also a heavily-covered phenomenon, that has been reported in the press and by human rights organization. The financial crisis has resulted in many migrant workers, especially construction workers, losing their jobs in the UAE. Those workers are often in debt to the agents who provided them with a working visa, and are forced to stay in the UAE and work illegally, trying to cover those debts.
Others who have managed to retain their jobs are living in squalid conditions, and their passports are usually confiscated, in violation of UAE law.

4. UN Report Shows that Migration is Good for Receiving and Sending Countries
The 2009 UNDP report (United Nations Development Program) focused on migration. The report provided fresh statistics about migration practices, remittances, human development, economic growth and more. It showed that migrants from the poorest countries, on average, experienced a 15-fold increase in income, which allowed them to double school enrollment rates and a create a 16-fold reduction in child mortality back home. The report dispelled misconceptions like the harm in a “brain drain” in developing countries, or that most of the migration is to developed countries. The most important conclusion, we think, is that the report unequivocally showed that migrant labor is good for the sending country, but also for the receiving country. The myth of migrant workers coming to “steal” jobs from the locals has been debunked.

5. Wave of Suicide and Suicide Attempts by Maids in Kuwait
This story clearly shows the difference independent media has on covering abuses of migrant rights. While the wave of suicides by maids in Lebanon triggered local and global coverage, government proclamations and reports from Human Rights Watch, the unstoppable trend of suicides by migrant workers in Kuwait has resulted in meager coverage. Other than local papers, which devote short paragraphs to stories of suicides by workers, no one has taken on this cause. During November alone, we documented 13 cases of suicide or suicide attempts in Kuwait. Since that month, suicides have continued. Not a week goes by without a reports about a maid who sets herself on fire, hangs herself, drinks detergent, or workers who mysteriously fall from roofs and balconies.

In Kuwait, the report focused on the Sponsorship system and lack of protection for domestic workers under Kuwaiti law. The law does not allow workers to leave their sponsor without his consent, even in cases of abuse. There is also the absence of a clear mechanism by which workers can claim unpaid wages, and they are thus forced to settle for deals brokered by their embassies.

In Saudi Arabia, migrant workers continue to be exposed to labor rights violations and persecution on spurious charges such as sorcery, adultery and theft. The need of migrant workers to secure an exit permit from the kingdom results in many cases of forced labor, according to HRW. The reforms in Saudi Arabia’s labor laws in July 2009 offer insufficient protection for migrant workers and leave them vulnerable to abuse.

In Lebanon, 2009 ended with a wave of suicides of domestic workers. The Sponsorship system under which migrant workers are employed in Lebanon limits their ability to turn to the courts in Lebanon in search of compensation and justice. In January 2009 the Lebanese government introduced the standard employment contract, which is supposed to guarantee certain rights to domestic workers. While this is a welcomed development, the lack of an enforcement mechanism makes this step insufficient to guarantee the rights of domestic workers.

In Jordan, the Ministry of Labor issued a regulation in September 2009 that included migrant workers under the protection of Jordan’s labor laws. However, HRW notes that this regulation still allows employers to prevent domestic workers from leaving the residence, even after working hours.

In the UAE, workers continue to be vulnerable to exploitation and abuse under the Sponsorship system. Migrant workers pay recruitment fees and forced to sign contracts with conditions much worse than the ones promised to them, against UAE laws, which are not enforced. Employers usually confiscate passports of their workers, thus limiting their ability to seek help from UAE authorities against sponsors and recruitment agencies that exploit them.

Egyptian border guards have killed at least 17 migrants since May 2009 who have attempted to cross to Israel. The killing of unarmed migrants that posed no threat to the guards is a clear violation of international law. In Egypt, migrants, asylum seekers and recognized refugees face mistreatment, jail terms and forced refoulement, despite the danger those migrants often face in their countries of origin.

Israel, in forcibly returning those migrants to Egypt, is complicit to Egyptian violations of international law. Israeli policy doesn’t allow migrants to present asylum claims or meet representatives of the UNHCR.

Overall, this report paints a bleak picture about the state of migrant workers’ rights in the region. The sponsorship system which governs most worker-employer relations in the region is preventing foreign workers from realizing their rights. Several countries have reformed their labor laws this year, but enforcement is still lacking. Let us hope that in 2010 we will be able to report about further and more far-reaching improvements in migrant workers’ rights in the region.

Revise labour laws to include migrant domestic workers on an equal basis as Lebanese citizens regarding to labour international protection standards.

Revise sponsorship laws (make temporary professional visas non specific about the employer so that the migrant worker can escape him without losing legal status; eliminate exit laissez-passer that require consent of the employer).

Have Lebanon ratify and enforce the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Establish a unified autonomous governmental bureau responsible for policy-making and information-gathering on migrant workers in the country (guidelines for other departments; data collecting through polls and inquiries; cooperation of migrants’ rights group…).

Inter-government cooperation between Lebanon and sending countries to improve the standardized work contract (set up in January 2009) which should be written in the native language of both the employer and the employee and which should enshrine more strictly several fundamental guarantees (remuneration, working conditions, freedom of movement, conservation of passports, work and rest hours…) and implement legal mechanisms to enforce it on a daily basis.

Monitoring working and living conditions of female migrant domestic workers in Lebanese households for example through regular meetings between an appointed labour inspector and the worker alone or through unexpected checking visits by officials, thus enforcing the standard employment contract’s provisions.

Sign-up bilateral agreements for swift repatriation in case of serious abuse or withholding of the worker’s identity papers by the employer.

Arrange « safe houses » (particularly in sending countries’ embassies) providing legal and social assistance to female migrant domestic workers and their children (accommodation for “runaway” maids; health care; trauma counseling; free of charge lawyers; recreational activities; awareness sessions on migrant’s rights and mechanisms of complaint and redress; vocational training and schooling; activities shared with Lebanese people in order to promote inter-nationality dialogue and respect).

Expand microfinance loans allowing female migrant domestic workers to pay off their debts at home and thus giving them the opportunity to escape financial traps (which restrain them to accept abuse and appalling working and living conditions) and to pay for migration costs thus lowering financial pressure on Lebanese employers (whom therefore should be less keen on protecting their investment by seizing the maid’s passport and restricting her freedom of movements).

Provide police forces with training to identify and respond to abuse against migrant domestic workers (conduct real investigations rather than classifying abuse cases; properly investigate cases of suicide among domestic workers; make sure abused workers fill in complaints form; send runaways to their foreign diplomatic mission rather than drive them back to their employer).

Provide migrant domestic workers with information about their rights (and especially detainees for false accusation of theft or illegal status after running away).

Improve courts liability and efficiency regarding cases of abuse against foreign domestic workers (ensure the presence of competent translators during legal proceedings; granting abused domestic workers with free legal assistance and representation; clarify and enforce complaint mechanisms; establish precedents regarding such strategic issues as withholding of passports and wages, physical and psychological abuse, poor living conditions and exploitative working hours and chores; mete out and implement proper penalties for employers and agencies violating migrant’s and laborer’s rights; invoke adequate provisions within criminal law and international conventions).

Raise national awareness and attention on this issue (set up public media campaigns, focusing for example on drawing parallel with the Lebanese people’s own experience of emigration and on fighting racism which is deeply linked with female domestic workers’ lot, and get judges to make public statements and warnings).

Enact special clauses within the staff rules of Lebanese private and public institutions, associations and firms and ensuring the registration and decent treatment of foreign domestic employees under threat of disciplinary measures.

Regulate and monitor employment agencies (license-accreditation procedures; hold agents responsible for their actions; set forth clearly defined fees and placement practices…)

Ensure any medical testing or administration of contraceptive medication is performed with informed consent and respecting confidentiality of medical information

This post was originally published on http://ethiopiansuicides.blogspot.com/

In their report, Human Rights Watch pointed out that the law doesn’t cover the 600,000 domestic workers in Kuwait, who make up about 25% of the foreign labor force in Kuwait.

According to the Kuwait Times, the law stops short of abolishing the Sponsorship system in the emirate, which creates a total dependence of the worker on his sponsor. The HRW report, however, says that the draft of the law includes the creation of a government authority that will be the sponsor of migrant workers. In effect, this will abolish the current abusive Sponsorship system. This claim is consistent with previous reports we’ve mentioned.

Despite the problems a government authority will have in sponsoring migrant workers, due to the prevalent corruption in the public sector, if the law does contain this provision, we hope that it will pass in the Kuwaiti parliament.

Ethiopian Suicides comment: this is quite an interesting development. Will the minister be up to the challenge of reforming the system of entry, stay and exit of migrant domestic workers,which has proven terribly faulty?

Articles:

“العاملات الأجنبيات: وزارة الداخلية لحمايتهن والنيبال تمنع العمل في لبنان,” Al-Akhbar, December 2, 2009, http://www.al-akhbar.com/ar/node/167511/print

“Baroud discusses migrant rights with embassies,” The Daily Star, December 2, 2009, http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=109315

This was originally posted on Ethiopian Suicides, and posted here with permission