Good Practices to Protect Women Migrant Workers or concerningitsfrontiersboundaries. anycountry, territory, areaoritsauthorities, status of thelegal UNIFEMconcerning of the part of materialinthispublicationdo notimplytheexpressionofanyopinionwhatsoeveron necessarily representtheviewsof UNIFEM.Thedesignationsemployedandthepresentation The viewsandopinionspresented inthispublicationarethoseoftheauthors,anddonot Bangkok 10200,Thailand Nok Avenue.Rajdamnern 5 East andSouth-EastAsiaRegionalOffice UNIFEM Published by: [email protected] permission fromUNIFEM.Applicationsforsuchmaybeaddressedto: this publicationforresaleorothercommercialpurposesisprohibitedwithoutwritten permission fromUNIFEMprovidedthesourceisfullyacknowledged.Reproductionof educational orothernon-commercialpurposesareauthorizedwithoutanypriorwritten materialinthispublicationfor Reproduction anddisseminationof All rightsreserved. 25pt./Body Text Font: Garamond 11pt. Employment Countries of UNIFEM. th Floor,UNBuilding UNIFEM Good Practices to Protect WomenGood PracticestoProtect MigrantWorkers: Meetingof Government High-Level . Bangkok: UNIFEM,2006,61pp. (Font Gothic Headings:Century Good Practices to Protect Women Migrant Workers

High-Level Government Meeting of Countries of Employment Co-hosted by: Ministry of Labor, Royal Thai Government and United Nations Development Fund for Women (UNIFEM), East and South-East Asia

1-2 December 2005 Bangkok, Thailand Contents Appendices Field Visit Discussions of Summary Papers Country Technical Paper Opening Speeches Meeting Statement Concept Paper pedx4: Abbreviations :ListofParticipants : MeetingProgramme Appendix 4 : 3 Appendix 2 Appendix Appendix 1 Human Security,RoyalThaiGovernment & SocialDevelopment of LaborandMinistry of Ministry Workers Migrant in Thailand Caseof The Manpower, Singapore of Ministry Women Good Practices toProtect Workers Migrant inSingapore Labor Department,Malaysia HumanResources, of Ministry DomesticWorkersEspecially Migrant Women Good Practices toProtect Workers Migrant inMalaysia, Labor, Jordan of Ministry Achievements andRemainingChallenges Women Migrant WorkersProtection of inJordan: Department ofLabor,BruneiDarussalam Workers Migrant Good Practicesfor Darussalam inBrunei Labor, Bahrain of Ministry Women Workers Migrant inBahrain Mr. PhilipS.Robertson,Consultant,UNIFEM in CountriesofEmployment Foreign forProtecting GoodPractices Strengthening theLinks: DomesticWorkers UNIFEM, East&South-EastAsiaRegionalOffice Regional ProgrammeDirector Dr. JeanD’Cunha Ministry ofLabor,RoyalThaiGovernment Deputy PermanentSecretary Mr. ThapabutrJamasevi Press Release 61 59 58 56 53 51 44 41 39 36 32 28 9 6 5 3 1

CONTENTS Good Practices to Protect Women Migrant Workers Good Practices to Protect Women Migrant Workers Acknowledgements Printer: Layout andDesign: Editing andFormatting: Editing: Preliminary Ms. SudaKertdam Ms. ChidchabaSonsanoi Mr. Terasak Tariya Ms. NantawanNa-lumpang Ms. RuengrattAdhikari Ms. SirinartTheenanondh Royal ThaiGovernment: Labor, of Ministry Logistics: Rapporteurs: UNIFEM -Dr.JeanD’Cunha,Mr.PhilipS.Robertson Thailand -Mr.SathapornCharupa,KamjornNakchen,Ms.PimpapornThitayanun,Ms.SirinartTheenanondh -Mr.Singapore Yap Yew ChohKenneth, Ms. Kwek Poh Heok Malaysia -Mr. binYusof,Abd Rahman Mrs. NorHasnahBadroddin Jordan -Dr.MaryKawar -Mr. Mr.Abdul Rahman, Darussalam Omar Brunei Pengiran Tahir Mohd Yussof Bahrain -Mr.EssaAmrallah,Ms.ShaikhaHananBinHassanAl-Khalifa,RadhiAlAmak Paper Writers,PresentersandModerators: Technical Paper Concept Paper: special thanks. Regional Office. Several institutionsandpeople immeasurablycontrib Labor,Royal Government DevelopmentWomen, andtheUnitedNations Thai Fundfor of Asia EastandSouth-East meetingon The Ms.AnasuyaSanyal,SharitaSerrao Go rcie oPoetWmnMgatWresi onre fEmployment’ Women‘Good PracticestoProtect MigrantWorkers inCountriesof Dr.JeanD’Cunha,Ms.FareehaIbrahim : Mr. PhilipS.Robertson Mr.PhilippDanao Ms. SharitaSerrao, Ms. Fareeha Ibrahim Ms. Caroline Haddad Ms. AnasuyaSanyal Ms. PeachieAnnA.Aquino Ms. SharitaSerrao Ms. RachelConejos Ms. NaziaMushtaq Regional Office,Bangkok: UNIFEM- EastandSouth-EastAsia uted. We witha wishtoacknowledge theirefforts was co-hostedby theMinistry Concept Paper

The aim of this meeting is to provide a forum for well as increased risks to migrant workers’ welfare. sharing information on the profile of women migrant workers in destination countries; facilitate the exchange Destination countries therefore have good reason to of information on good practices by destination invest in measures to assist safe and orderly migration PAPER CONCEPT country governments to protect women migrant and to protect migrant workers within their jurisdictions, workers, especially domestic workers; and encourage for productivity, good governance and humanitarian the adoption of good practices by all destination reasons. A feature of overseas migration for work within countries. Asia and from Asia to the Arab states that needs to be taken into account by destination countries is the Migration for employment purposes is a component increasing feminization of the migrant workforce. of population movement in all countries, with the Asian Women now constitute 50% or more of all migrant region contributing a large percentage of the world’s workers, and from countries such as Indonesia and the migrant workforce, notably from the Philippines, China, Philippines, women migrant workers outnumber men. 1 Indonesia and several South Asian countries. In fact, Measures to protect all migrant workers are needed, many countries are both senders and receivers of migrant however, it is now well-recognized that women migrant workers. The benefits of economic migration to workers have different experiences to their male countries of origin are well-documented. Migrant counterparts, often encountering greater hardships and worker remittances make significant contributions to adverse experiences during the pre- and post-migration GDP; family welfare, education and consumer demand; phases and while working in destination countries. and community-level development. Women migrant workers are both voluntary and involuntary, including those working abroad as a Migrant workers are also a vital though often consequence of trafficking activities. Given this, there is overlooked component in the economies and the a need for destination countries to develop and development aspirations of many destination countries. implement measures to specifically address the Migrant labor in various sectors (domestic service, protection of women migrant workers. manufacturing, construction, etc) contributes to destination country economic development directly Several destination countries have developed good through productivity gains and indirectly through taxes practices to meet this need, such as signing Memoranda and consumption. In addition, migrant workers facilitate of Understanding (MOU) between countries of origin the expansion and diversification of the indigenous labor and destination to ensure protection and benefits for market. Women nationals in destination countries, for migrant workers. MOUs may include agreement to use example, may be able to enter the workforce because authorized employment agencies, use employment of the availability of migrant domestic service workers. contracts detailing terms and conditions, extend Benefits to destination countries therefore occur at several protection under domestic laws to migrant workers, levels and migrant workers constitute a valuable resource provide effective repatriation measures and take for these countries. Conversely, irregular migration can measures against trafficking and related illegal activities. also create problems for destination countries, including Other measures include developing or amending existing trafficking, other criminal activities and health risks, as labor and immigration legislation to specifically address Good Practices to Protect Women Migrant Workers 2

Objectives work becomesregularized. andoverseas for measures becomethenorm migration migrant workersandcountriesoforigin,thatsuch interests ofdestinationcountries,aswellwomen workers. womenissues affecting migrant Itisinthe adoption ofgoodpracticeinitiativesandmechanisms women migrantworkersandfacilitatethewider developed bycountriesofemploymenttoprotect To shareinformation workers countries ofemployment,especiallydomestic protection needsofwomenmigrantworkersin theprofileand To enhanceunderstandingof

on existing good practices on existinggood

Outcomes and regional levels and regionallevels practices thathavepotentialforuseatthecountry Adoption ofMeetingStatementrecognizinggood them appropriate policiesandothermechanismstoprotect domestic workers,andtodevelopimplement monitor womenmigrantworkers’needs,especially Enhanced appreciationoftheneedtocontinue mechanisms amongcountriesofemployment migrant workersandpotentialgoodpractice Enhanced understandingoftheneedswomen

Meeting Statement

Recommendations of the High-Level Government workers at all stages of the migration process, especially Meeting of Countries of Employment on Good in a foreign country, and Practices to Protect Women Migrant Workers, Especially Migrant Domestic Workers Co-Hosted Drawing from good practices in countries of By Ministry of Labor, Royal Thai Government and employment, and toward addressing continuing MEETING STATEMENT UNIFEM, East and South-East Asia concerns, WE considered and identified the following priority recommendations: Bangkok, Thailand 1-2 December 2005 MIGRATION MANAGEMENT:

WE, SENIOR GOVERNMENT OFFICIALS, 1. Develop and promulgate a legally enforceable written representing Ministries/Offices of Labor and Women’s standard working contract (pertaining to conditions Affairs from Bahrain, Brunei Darussalam, Jordan, of work and benefits) for domestic workers, in line 3 Malaysia, Singapore and Thailand, having been invited with national laws and international standards, and by the Ministry of Labor, Royal Thai Government and consider protecting the labor rights of women the United Nations Development Fund for Women migrant workers, especially domestic workers, (UNIFEM), East and South-East Asia to the “High- through legislation. Level Government Meeting of Countries of Employment on Good Practices to Protect Women 2. Ensure the enforcement of legal protections for Migrant Workers, Especially Migrant Domestic women migrant workers, especially migrant Workers,” after discussions and deliberations on 1-2 domestic workers, by encouraging setting up of December 2005 at the Siam City Hotel in Bangkok, appropriate monitoring, complaints and grievance Thailand, mechanisms.

Mindful of the continuing increase in women’s labor 3. Strengthen the monitoring of overseas employment migration, their productive contribution to countries of service providers and recruiting agents and take origin and employment and the economic and social appropriate enforcement measures to protect development opportunities that migration has provided migrant workers, especially women. for large numbers of women, WELFARE AND SUPPORT SERVICES: Also conscious of the need to protect women migrant workers, particularly those in low-end jobs, because they 4. Develop and provide welfare and support services are more vulnerable to gender-based discrimination and to assist women migrant workers (such as abuse at different stages of the migration process, counseling, interpretation services, information on contracts, recruitment agencies, entitlements, and Recognizing and being aware of the vital role and the how to avail of these both in countries of origin social responsibility of governments as major and employment etc.). stakeholders in the protection of women migrant Good Practices to Protect Women Migrant Workers 4

recommendations weremade: return. Inthisrespect,thefollowinggeneral action thatparticipantscouldworktowardsupontheir Finally, discussionslooked towards theplenary future RECOMMENDATIONS 9. Promotelaborcooperationbetweencountriesof 8. Encouragecivilsocietyorganizations(NGOs,migrant 7. Promoteincountriesoforiginandemploymentsafe, 6. ConveneSouthAsian,South-EastAsianandArab DIALOGUE ANDCOORDINATION: 5. Facilitategendersensitiveawarenessprogrammesfor workers inthatcountry. what kindofprotectionis offeredtooverseas country ofemploymenttomake themfamiliarwith to anorientationonarrivaloftheworkerat face. Thispre-departureorientationshouldbelinked of employmentincaseanyproblemstheymay or whichagenciestheyneedtocontactinthecountry whom be working. shouldbemadeaware They of inwhich theywill thecountry regarding information workers mustbemadeadequatelyfamiliarwith In thecountryoforiginandpriortodeparture, standards. women, inlinewithnationallawsandinternational provisions toprotectmigrantworkersincluding developing bilateralMOUsandagreementswith origin andemployment, includingbutnotlimitedto, workers.women migrant for services toprovidewith governments support workers associations,nationaltradeunions)topartner byremittances women workers. migrant legal, andinexpensivemechanismsfortransferof migrants developedin2005asabasefordiscussion). the GulfCooperationCouncilframeworkforlabor practices toprotectwomenmigrantworkers(touse Gulf countriesMinisterialMeetingstodiscussgood domestic workers. protect womenmigrantworkers,especially providers andthegeneralpublictorespect employers, agencies, law recruiting enforcers, service

effect. laws takes workersof protect untilthereformulation measuresmust be taken to short-term and certain workers. However, objective thisisalong-term of laws insteadofdifferentforcategories work. Itmaybeadvisabletohaveacommonsetof countries soastoincludeandrecognizedomestic laborlawsmay berequired inmost of Reformulation operate accordingtotherulessetforthem. and receivingcountriesmayhelptoensurethatOEPs revoked. Hence,bilateralMOUsbetweensending workers canbechargedshouldhavetheirlicenses who violatetheregulationsregardingamountthat countries inordertokeepthispracticecheck.OEPs between governmentsofsendingandreceiving the countryoforigin,jointinitiativesarerequired Regarding theissueofover-chargingworkersin womanmigrant worker. stakeholders togethertodiscussissuesconcerningany of originshouldberesponsibleforbringing the sametime,respectiveembassiesincountries workers overseas. andassistwiththeirproblems At identified whocanengagewithmigrantwomen In countriesoforigin,laborattachésshouldbe Welcome and Opening Speech

Mr. Thapabutr Jamasevi Deputy Permanent Secretary Ministry of Labor, Royal Thai Government

At present, international migration is widely accepted Protection of migrant workers is an issue that needs as a global phenomenon, particularly in the fast changing government attention. Generally, the Labor Protection environment of today. The movement of people from Law of Thailand has covered both Thai and migrant country to country has created mutual benefits and at workers. At present, Thailand has around one million the same time has impacts, positive or negative, to both migrant workers, of which 105,000 work in the countries of origin and destination. household service sector and 84,415 of them are women migrant workers. In this regard, the Government has With reference to the estimation of the United Nations initiated additional measures apart from those specified WELCOME & OPENING SPEECH Population Division, there are now almost 200 million in the Labor Protection Law to protect women migrant international migrants, which is equivalent to the fifth workers, the details of which will be presented during most populous country of the world - Brazil. Thus, the meeting. international migration is an important factor for the world economy today. Today’s meeting is a result of a joint effort between 5 UNIFEM and the Royal Thai Government in response Recently, the Global Commission on International to the need for more dialogue between labor sending Migration has undertaken a comprehensive examination and labor receiving countries on the issue of international on the issue of international migration. The report has migration, particularly for women migrant workers. recommended six principles for action that each country These two days will serve as a good opportunity to should consider when formulating and implementing share information and learn more about best practices policies on international migration. One of the principle that have been implemented in various countries in order recommendations is to protect the rights of migrants, to protect women migrant workers and to propose which coincides with the agenda of our meeting. recommendations for future activities and cooperation.

Having realized the significant impacts of international migration and its scope and complexity, the Government has initiated various measures to manage the issues. During the past decade, Thailand has been both a sending and a receiving country. While we are sending our workers overseas, we are also receiving a number of migrants to work in the country. In the past few years, an increasing number of migrant workers have formed part of the Thai labor market, which in turn contributes to the growth of the economy besides contributing towards the well-being of migrant workers and of the countries of their origin. Good Practices to Protect Women Migrant Workers 6

critical? Therearenumerousreasonsforthis: But whyisprotectionofwomenmigrantworkersso countries. practices thatcanbeshared,adaptedandadoptedby we areencouragedtoseesucharichpoolofgood equalityandwomen’spromote gender empowerment, As aUNagencywhosemissionandmandateitisto practices toprotect women workers.their good migrant meeting hereinBangkokandSouth-EastAsiatoshare Arab Statesemployingwomenmigrantworkersare that. ItisthefirsttimeeverthatSouth-EastAsianand Minister ofLaborandtheRoyalThaiGovernmentfor Workers inAsia,andwe thankHisExcellency the onEmpoweringRegional Women Programme Migrant UNIFEM’sAsia Pacific andArab States aegis of with theMinistryofLaborhereinThailandunder becausethisisUNIFEM’sgratifying firstever partnership This isindeedaverygratifyingmomentforUNIFEM, of male migrant workers. malemigrant of of womenmigrantworkers outstripthenumbers the Philippines,Indonesia,and SriLanka,thenumbers and growingproportionselsewhere. Incountrieslike of theoverseasworkforceinAsia,LatinAmerica overseas for work. Women 50% constituteabout There isaconspicuousincreaseinwomenmigrating of South-EastAsiancountriesemployment. Asia. Moreover,therehavebeenagrowingnumber mobility hasincreasedsignificantlyinsomepartsof that theclaim which origin, affirms in countriesof faster, onaverage,thanthegrowthofworkforce entire region,makingmigrationgrowthovertwice emigration roseatayearlyrateof6percentforthe thatgross 1990-1994 and1995-1999suggest of theAsianregion.Recordedflowsforperiods Migration isbecominganenduringstructuralfeature Opening Speech East &South-EastAsiaRegionalOffice,Bangkok FundforWomenUnited NationsDevelopment Regional ProgrammeDirector Dr. Jean D’Cunha

violation are: discriminationand of thecommonforms Some of human rightsviolations. and theentertainmentsector,wheretheysuffergross lower endofthejobhierarchyindomesticwork concentration ofwomenmigrantworkersisatthe sectors.manufacturing Buttheheaviest orservice andinformal and unskilledjobsinformal strategy, intowoman-specific skilled andarerecruited asafamilysurvival largely economic migrants Women autonomouslyastemporary aremigrating manufacturing sites. overlap The inliving andworking from malemigrants’work atconstructionand invade awoman’s privacy different andbeing very that personalandintimate services the provision of domestic workandthehospitalityindustryinvolve Sectors inwhichwomenpredominate,suchas domestic workers protections. from legal domestic workaswork,whichconsequentlyexclude women’s certain jobslike of non-recognition Fewer anddecentjobsforwomen, and skilled,legal threats,’ ‘criminals,’ and‘thieves’. runners’ ‘drug available,’‘sexually andmenas ‘national security Discriminatory stereotypesthatlabelwomenas to countriesofemployment. Abandonment, sexualandphysicalabuseenroute protect themselvesintheeventofabuse. and entitlementshowtoavailofthese work, rights andconditionsof employment, terms the costsandbenefitsofmigration,countries Women’s about access toinformation lack of greater

spaces in these sectors, severe restrictions on mobility Protecting migrants, including women migrant workers, and association make it more difficult for women is a human security issue. If women suffer routine abuse, than men to access external assistance in the event the human security of half the human population is of abuse. threatened and is a poor reflection on our capacity to provide safe environments. Moreover, gender-based Contract substitution, non-payment of wages, lower discrimination and violence - including sexual violence wages than men for jobs of the same or similar - is a major cause of HIV/AIDS transmission to nature, no rest days, poor living and working women, including women migrant workers, which conditions that reduce privacy and safety levels much creates a human security crisis in yet another form. more for women. Protecting migrants, including women migrants, is an Lack of access to health care; health and well-being indication of good governance, as good governance is concerns like unwanted pregnancies, unsafe associated wih protecting human rights and creating and abortions, STDs/HIV/AIDS, gynecological ensuring peace, stability and human security. problems, anemia, physical and sexual injuries, OPENING SPEECH workplace accidents, emotional trauma, suicide and It is consequently incumbent on governments to even murder. introduce policies and programmes that protect women migrant workers, in line with global human rights Stigmatization by family and community when frameworks like CEDAW that have been ratified women return earlier than scheduled without savings through a process of consensus. or traumatized. It is, therefore, refreshing to see an increasing pool of Against this background, protecting women migrant good practice by countries of employment, such as on- workers is a development issue. It promotes human site services for women migrant workers; awareness- 7 rights, human development, human security, peace, raising for employers on worker protection; registration stability and economic growth. Women migrant of undocumented migrant workers; and MOUs workers contribute by way of their skill and labor and between countries represented here that have clauses to help generate profits in countries of employment. They protect migrant workers. We further have examples of further contribute to the economy of countries of countries amending the labor law to include domestic employment as consumers of goods and services. They work as work, to recognize domestic workers as plug labor shortages in certain sectors, and facilitate workers and introduce legal protections for domestic educated middle class women’s paid public employment workers. This is a precedent-setting initiative in the Arab and consequent increases in the latter’s family income region and Hong Kong Special Administrative Region, through their domestic work. As domestic workers, China, and we do hope that more countries in South- too, they subsidize what the State would otherwise have East Asia set similar precedents and pioneer the to invest for childcare and other domestic services. introduction of legal protections for domestic workers Migrant women workers contribute to countries of for the South-East Asian region. origin by way of remittances, and to the economic and social development of families and communities back home.

Abuse of migrants, including women, is a drain on economic and financial resources. It involves direct costs, such as spending on medical care, expenditure on a range of services to facilitate recovery from abuse, loss of productivity, absenteeism, loss of wages, and a reduction in GDP. It involves indirect costs to families of women migrants in the form of emotional stress and the like. Good Practices to Protect Women Migrant Workers 8 Technical Paper

Strengthening the Links: Good Practices for Protecting Foreign Domestic Workers in Countries of Employment Mr. Philip S. Robertson, Jr. Consultant, UNIFEM

Everyday in countries in South and South-East Asia, employment who hire them as domestic workers. The female migrant workers – mothers, daughters, and sisters Special Rapporteur for Migrants, Ms. Gabriela – board buses, trains and planes as the first step in Rodriguez Pizarro, observed that “…in developed voyages that will take them as ‘explorers’ to new lands. countries, migrant domestic workers are becoming PAPER TECHNICAL They are leaving behind children, parents, and husbands indispensable to enable women to advance in for periods that will stretch into many years. For some employment and society. The work of migrant domestic particularly vulnerable and unlucky women, they will workers in caring for the elderly has taken on particular never return – leaving only memories, some importance as a result of the ageing of the population photographs perhaps, and a gaping hole in the efforts in many developed countries.”1 The challenge is to of a family struggling to survive. identify good practices to protect MDWs, and to root these interventions solidly in efforts to build mutually While some of these women may be naive about the beneficial arrangements for MDWs, employers, and the lives they will face as migrant domestic workers countries of both origin and employment. 9 (MDWs), and all of them are quite vulnerable to abuse and exploitation, most female migrants have carefully THE FEMINIZATION OF ASIAN weighed options, sorted through information, sought MIGRATION to reduce risks in their movement, and are now making what they feel is the best choice for themselves and Unlike a generation ago, today the face of the average their families. Many mortgage or sell land, homes and Asian migrant is often the face of a woman. UNIFEM’s crops, or take out large loans to pay the fees charged research found that in 1976, 146,600 Asians migrated by recruitment agencies who promise them placement overseas for work. Of this figure, approximately 21,960 overseas. Others take even higher risks by relying on were women. Almost twenty years later, in 1995, the informal networks to migrate surreptitiously, outside number of women migrants from Asia had grown by established legal channels. In both cases, the failure of over 40 times to approximately 800,000 going overseas the migration experience – whether by early termination to work per year.2 This trend has been part of the in their job, being cheated out of funds, or worse yet, significant growth of migration within and from Asia, becoming a victim of human trafficking – has profound in general. impacts on the woman involved, as well as the financial and psychological well-being of her family in the country Migration has become an economic and social fact of of origin. life in countries of origin, as well as countries of employment, where whole industrial and service sectors Given the massive number of lives that depend on the success of these women, the question of how to 1 UN Economic and Social Council, “Report of the Special effectively protect female migrants through the process Rapporteur, Gabriela Rodriguez Pizarro, submitted pursuant to of migration, as well as in the countries of employment, Commission on Human Rights Resolution 2003/46,” 12 January 2004. must be effectively answered. It is notable that the 2 UNIFEM Regional Programme on Empowering Women Migrant benefits of this process do not only accrue to the Workers in Asia, “Facts About Women’s Migration for Work in MDWs, but also to the families in the countries of Asia,” in Empowering Women Migrant Workers in Asia: A Briefing Kit. 10 Good Practices to Protect Women Migrant Workers hours aday, 7days aweek. that theMDWcanfindherselfconstantly‘oncall’24 and theproximityofworkertoemployermeans protection legal working hours, alack of of In terms for survival. pay andincreaseMDWsdependencyontheiremployer on totheMDW; andothermanipulations toreduce recruitment thatemployersareliableforwerepassed salary writtenintheworkagreement;costsof minimum wagessetinlawwasgiven,orlessthanthe deductions weremadefrompay;lesspaythanthe or nopaywhatsoeverwasgiven;unauthorized various countrieswherepaywaswithheldformonths and accommodation.Caseshavebeendocumentedin work, andworking pay, conditions hoursof of terms MDWs oftenfaceexploitativesituations,especiallyin inspectors. labor and placingthemoutsidethereach of protections andbenefitsextendedtootherworkers, “workers” basic underthelaborlaw, themof depriving will. Inmanycountries,MDWsarenotconsidered workers arehighlydependentontheiremployers’good to communicateinthenationallanguage,domestic rights ofmovementandexpressionlimitedability workers. Isolatedinhouseholds, oftenwithrestricted MDWs areoneofthemostvulnerablegroups WORKERS PROTECTING MIGRANTDOMESTIC PARTICULAR CHALLENGESIN received anydaysoffduringthecourseofamonth. (UAE) that notasingle found MDW interviewed per week.TheexaminationoftheUnitedArabEmirates women wereworkinganaverageof101to108hours International LaborOrganization(ILO)foundthatthese domestic MDWsinfourArabstatesdonebythe change intoaccount. structural revamp theirviewstotakethispermanent and impact,” makers thatpolicy andrecommended will“continue toincreaseinscale,migration diversity, Commission onInternationalMigrationnotedthat paper onAsia-PacificmigrationdoneundertheGlobal noware ontheseworkers. dependent A coreresearch expected towork between 13-19 hoursaday. few receivedmorethanone dayoffamonth,andwere treatment ofMDWsinSingapore similarlyfoundvery by HumanRightsWatchrecent report examining

3

4 Ntoa tde f Nationalstudiesof

6

5 A particularly vulnerable. Devastating physical abuse particularly vulnerable.Devastatingphysicalabuse passport andresidencedocumentsmakestheseMDW sometimes penalized.ConfiscationofanMDWs’ blamed bythewomenofhousehold,and are discovered,itistheMDWwhomostfrequently exploitativesexually situations. thesesexualcrimes When household, andinsomecaseseventraffickinginto sexual harassmentandrapebymalemembersofthe also opensthemuptogender-basedviolence,including The totaldependenceofMDWsontheiremployers provided atall. these basicfreedomsareeitherverylimitedornot ornetwork. Unfortunately,group oftenforMDWs, representational, social,and/orculturalpursuitsasa freedom tousepublicspacesengagein other MDWsimpliesbothfreedomofmovementand with peers. Yet theabilitytomeetandassociatewith to counterthisisolationisthroughsocialinter-action feelings ofisolationanddepression.Animportantway profound psychologicaleffectthatcreatesordeepens conducting requireddailyprayers. Such treatmenthasa movement fromattendingtempleorchurch, holidays, andpreventedbyworkrestrictionson some cases,MDWsareforcedtoworkthrough up inthemiddleofnighttoprovidesupport.In Caring forbabiesandtheelderlyoftenmeanswaking store, andpossiblycleanotherrelatives’houses,aswell. the employer’s household,butalsowork atthefamily Often theMDWisexpectedtonotonlytakecareof Watch, December2005. Domestic WorkersMigrant inSingapore. New York: HumanRights Institute, www.migrantinformation.org Policy the Migration Underpaid,” ILO, of courtesy April 1, 2005, 6 5 October 25,2005). of Manpowerandadecisionisexpectedsoon.(StraitsTimes, workers. StandardcontractlanguageisunderreviewbytheMinistry clause intheiremploymentcontractsthatgivestimeofftodomestic Employment AgenciesSingapore(AEAS)willhavetoincludea accreditedbyCaseTrust andtheAssociationof 2006, allagencies this asaproblemandistakingcorrectiveaction.StartinginJanuary about 10%receivedonedayoffaweek.Singaporehasrecognized all. Approximately23%receivedonedayoffamonth,andonly found thatlessthan50%oftheseworkersreceivedanydaysoffat November andDecember2003bytheStraitsTimesnewspaper 4 Migration, Sept.2005. GIS, UniversityofAdelaide–GlobalCommissiononInternational commissioned bytheNationalCentreforSocialApplicationsof 3 HumanRightsWatch. Against Ending Abuses MaidtoOrder: G. Chammartin, “DomesticWorkers: LittleProtectionforthe Asurveyof284femaledomesticworkersinSingapore Hugo, G. inthe Asia-Pacific “Migration Region,” report amounting to torture has been inflicted on MDWs, and The second premise is that all the stakeholders are in permanent injuries or deaths have occurred.7 Attacks this situation together, and are bound together in ways against MDWs may include slapping and punching, they may not immediately realize. beating with objects, scalding with hot water or objects, and other abuses that constitute grievous assault. Yet, Domestic work is denigrated as unskilled work requiring because these acts occur behind the closed walls of a little formal education and an escape valve for women home rather than out on a street, the abuse often is who would otherwise have little chance of earning overlooked. The employers also deploy psychological substantive wages in their home country. Yet for women threats by threatening the primary objective of the and their families in countries of employment, the MDW to come to the country of employment in the domestic worker is arguably one of the most critical first place to earn money for her family. Illegitimate persons in their lives. She provides support for children and unlawful docking of wages, refusals to pay the and old people, takes care of all housework, performs worker in a timely way, and bullying by repeated threats most or all of the meal preparation and clean up, and to terminate the worker so that she would be does household organization and maintenance. No immediately deported are common.8 other employment relationship is so highly personalized. PAPER TECHNICAL That high degree of personalization can be abusive, MANAGEMENT AND PROTECTION OF reflecting inhuman demands of work on the domestic MIGRANTS worker and other violations of privacy; but in other circumstances, it can lead to a relationship of mutual There are several core premises to this study that underlie benefit, respect, and trust. the discussion about good practices in management and protection of MDWs by countries of employment and MDWs are socially and economically beneficial to origin: countries of employment. Indeed, the increased professional engagement of educated women in 11 Core Premise One: countries of employment, and expansion of these Migration management must take into account women’s social networks beyond the nuclear or gender perspectives. extended family, initially fuelled the need for MDWs. These positive changes in work and lifestyle of women The first premise is simple: Just as those who are and families in countries of employment are sustained migrating from Asia are increasingly female, so the by the continued presence of MDWs. From this structures, approaches, and imperatives to manage perspective, it can be seen that the interests of the migration must change, and clearly take into account a employer and the domestic worker, and of the country gender perspective. of origin and country of employment, are intrinsically linked. UNIFEM succinctly notes that “gender refers to relative status, position and relationship between men and Just as the interests of MDWs and their employers are women, with women more disadvantaged in most inter-dependent, so too are the interests of countries contexts” and adds that these outcomes are “largely socially determined.”9 Accordingly, all programmes and 7 In some of these cases in Singapore and Malaysia, public opinion interventions must be examined through a gender lens. against the abuses has helped to ensure that the employers responsible Governments should fully examine and assess national were convicted and jailed. But other similar cases in East Asia, plans and policies for MDWs for differential and South-East Asia, and the Middle East have gone unpunished, feeding concerns that unless the abuses reach a level of unacceptable savagery discriminatory impacts based on gender, and take and the case catches the attention of the media, domestic MDWs appropriate remedial steps. can be mistreated with impunity. 8 UNIFEM Regional Programme on Empowering Women Migrant Workers in Asia. Human Rights Protections Applicable to Women Core Premise Two: Migrant Workers: A UNIFEM Briefing Paper. Bangkok: UNIFEM, Links forged by migrant workers bind countries 2003. of origin and countries of employment. 9 UNIFEM. Empowering Women Migrant Workers in Asia: A Briefing Kit. Bangkok: UNIFEM, 2003. 12 Good Practices to Protect Women Migrant Workers

that engage migrants with irregular status.” withirregular migrants engage that legal migrationandbytakingactionagainstemployers migration byprovidingadditionalopportunitiesfor “States shouldaddressconditionsthatpromoteirregular on InternationalMigration,whichrecommendedthat This premiseisembracedbytheGlobalCommission regulationsand laws.comply withapplicable hiring practices,workassigned,andconditionsof employers canbemoreeasilymonitoredtoensurethat their rightsandresponsibilities. andfinal Agents more accuratelyassessed.MDWscanbeeducatedabout labor canbe employment’s needfor thistypeof of the womenwhoaremigratingtowork.Thecountry areobvious.migration Betterdata canbecollectedabout already subscribed.Thebenefitsofrule-based,legal conventions oragreementstowhichcountrieshave international standards,andcontainedin policies, regulations,andlawsshouldbeguidedby by therespective governments.government These accordance withpoliciesandregulationssetenforced MDWs are donelegally, in theflowsof benefit if countries oforiginandemployment,aremorelikelyto The thirdpremiseisthatallstakeholders,fromboth assist with domestic work can now attend school. assist withdomesticworkcannowattendschool. expands asschool-agegirlspreviouslykepthometo in developmentthatprovidesthehighestreturns, Education forgirls,showntobeoneoftheinvestments atwo incomefamily. spendingcapacityof the greater burdens ofhousework,andtheeconomybenefitsfrom productivity ofwomenworkersfreedfromthedaily Countries ofemploymentbenefitfromincreased often leftbehindby nationaldevelopment initiatives. enterprises, andpromotinginvestmentinruralareas plays acriticalroleinjump-startingsmallandmedium remittances fromMDWsoverseas,sincetheirmoney joined. Countriesoforiginbenefitfromsignificant of originandcountriesemploymentfundamentally do soifallowed. interest inprotectingtheir ownrightsandwill Migrant domesticworkers haveastrongself- Core PremiseFour: all stakeholders. MDWscanbenefit of flows legal Promoting Core PremiseThree:

10

responsibility toprotect MDWs. to whichacountryoforiginiswillingabdicateits skillspossessed by theMDW,of andnotonthedegree exists, selectiondecisionsshouldbebasedonthelevel origin countriesforquotaorplacementsofMDWs human rightsconventions. competitionbetween Where Discrimination (CERD),andotherrelevantinternational of All Forms Convention ontheEliminationof WomenDiscrimination Against (CEDAW), the of All Forms the Convention on Eliminationof the UniversalDeclarationonHumanRights(UDHR), MDWs. protectionshould be inlinewith This rights of of originandemploymenttofullyprotectthehuman must bebasedonacommitmentfrombothcountries The fifthandfinalpremiseisthatthemeasurestaken in developing policiesonMDWs. interlocutors withgovernmentandotherstakeholders aseffective associations canserve andwell-informed morale. AstheHongKongexperiencehasshown,such improve that andculture language MDW’scountry facing difficultieswhilealsoemphasizingbondsoforigin Associations ofmigrantworkerscansupport needed. if services andseeksupport problems then second,caneasilyaccessmechanismstoreport educated abouttheprotectionsaffordedtothem,and One effectivewayistoensurethattheMDWsarefirst investigate abusive situations. conditions inthehouseand,therefore,unableto often eitherunwillingorunabletoinspectworking Her cooperationiscriticalbecauselaborregulatorsare support ofanetworkherpeerstofilecomplaint. regulation againstabusivepractices,andreceivesthe against herexploitation,hasprotectioninlawor MDW tospeakout whohasthecourage an informed No strongerallyexistsforgovernmentregulatorsthan theyaregiven theopportunity. measures todosoif interest inprotectingthemselves,andwilltakeeffective The fourthpremiseisthatMDWshaveastrongself- October 2005. Interconnected World: NewDirectionsfor Action,” n.p.: GCIM, 10 GlobalCommissiononInternational Migration.“Migrationinan and thecountriesofemployment. responsibility ofboththecountriesorigin Protection ofmigrantdomesticworkersisthe Core PremiseFive:

BENEFITS BROUGHT TO COUNTRIES GOOD PRACTICES FOR OF EMPLOYMENT BY MIGRANT CONSIDERATION BY COUNTRIES OF DOMESTIC WORKERS EMPLOYMENT

There has been much written about the economic Good practices adopted by countries of employment benefits of migration for the countries of origin, for MDWs can be divided into five broad categories: focusing primarily on the issue of remittances. (1) regulations, laws and access to justice; (2) systems of Increasingly, the focus is turning to research on the very information exchange, cooperation, and multi- important benefits that MDWs bring to countries of stakeholder action; (3) capacity-building and awareness- employment. building strategies; (4) participation, outreach and inclusion of MDWs and their organizations; and (5) Put simply, MDWs contribute to the well-being of adoption of international instruments that underpin employer countries by helping release local women into commitments to follow international standards in the higher end, higher productivity jobs. Without MDWs, regulation of MDWs. especially in countries of employment with relatively PAPER TECHNICAL small home populations or a tight labor market (e.g. Each category speaks to the core premises of an the Middle East, Singapore, Japan), finding available effective system for protecting MDWs and supporting and affordable domestic workers would be almost a “win-win” system of mutual benefits for both impossible. countries of origin and countries of employment. A number of these practices have been effectively In Hong Kong, where certain areas of the city have implemented, in whole or in part, by other countries become known gathering spots for MDWs on their of employment. days off, new business enterprises have sprung up to offer a range of services, such as food, clothing, REGULATIONS, LAWS, AND ACCESS TO 13 publications, personal goods, long-distance JUSTICE telecommunications, money transfer/remittances, legal assistance, etc. MDW recruitment agencies in countries Coverage of MDWs and domestic work under of employment also provide significant employment national labor laws and regulations and effective for the local economy. In Singapore, for example, there enforcement to ensure that MDWs receive are over 500 such companies engaged in recruitment protections as provided under law. of foreign domestic workers. Terms and conditions of work for workers are Using Hong Kong Government statistics and realistic invariably defined and provided for in the national labor estimates, the Asian Migrant Center (AMC) computed law(s), and often serve as a minimum standard that must in 2004 the amount of contributions that MDWs make be met. Critical provisions that affect MDWs, and are to the Hong Kong economy. They found the amount usually provided for in the labor law, are fair and just totaled HK $13,784,205,540, which they noted is provisions for hours of work and provisions for equivalent to almost 1% of HK’s annual GNP. This overtime, rest days, annual leave, time off on national figure included local spending by MDWs, fees paid to holidays, minimum wage, severance pay, clear rules recruitment agencies by MDWs, levies paid by employers regulating dismissal, maternity leave, a bar against seizures to the HK Government, and costs saved by Hong Kong of a worker’s papers, and defining what wage because of MDWs work/support in child care, tutoring deductions are legal. Good practice ensures that MDWs for school-age children of the employer, care for the are fully integrated into the law so that there is clarity elderly, care for the sick and disabled, and other work for both employers and MDWs about what practices performed (illegally) by MDWs outside of the home are permissible, what actions violate the law, and what at the behest of the employer.11 There is no denying that MDW’s work accounts for a significant proportion 11 of the economy. This is an important area for further Asian Migrant Centre. “Economic Contributions of Foreign Domestic Workers in Hong Kong.” Hong Kong SAR: AMC, research that should be taken up urgently. September 2004. 14 Good Practices to Protect Women Migrant Workers definition ofallowabledeductionsbyemployers,etc. wages and notice;payment of month’s pay inlieuof orone annual leave; onemonthnoticefortermination, benefits suchasonedayofrestinseven;publicholidays; Employment Ordinance,whichprovidesimportant In HongKong,MDWsarecoveredunderthe are particularlyrelevantinexplainingthisgoodpractice. The experiencesofHongKong,SouthAfrica,andItaly work. Social Welfare) andsocial ingender thathasexpertise Women’s of Ministry of (and/oraMinistry Affairs Labor inacollaborative,inter-Ministrymannerby is ensuringsupportfortheeffortsbyMinistryof MDWs. Insomecountries, practice agood treatment of responsibility withingovernmentforregulationofthe law isimplemented,resultinginclearlinesof Ministry ofLaborhastheprimarydutytoensure Coverage ofMDWsunderthelaborlawimplies law.” foundation basedonruleofnationalandinternational protection ofmigrantworkersrequiresasolidlegal policy andpracticeregardinglabormigration that “To beeffective, credib join a labor union and bargain withheremployer.join alaborunionandbargain Their appeal togovernmentauthorities andseekredress,or enforceable incourt.Ifshe is dissatisfied,aMDWcan thelabor law, andthereforeiswith theprovisions of afforded byawrittencontract—whichmustbeinline scheme. Inthisway, MDWs have theprotection coverage undertheunemploymentcompensation non-discrimination, skillsdevelopment,andeven tradeunions, equityand wages, of governing formation of mostkeynationallaborlaws,includingthose In SouthAfrica,MDWsareincludedinthecoverage MDWs.for the firststeptowardsprovidingmeaningfulprotection tripartite resolutionadoptedinits92 the consequencesofviolationsare.TheILOnotedina workers, that provideMDWswithfewerrightsthanother While thereareprovisionsinHongKongregulations recommend resolvingthematterinLaborCourt. the disputecannotbeconciliated,Departmentwill taken totheHongKongLaborDepartment,andif the law, disputesbetween employer andworker canbe Since theemploymentofMDWsisclearlycoveredby 12

14 providingcoveragethroughthelaborlawis le and enforceable, national le andenforceable, national nd sessionin2004 13

because of their dependency on their employers, it is because oftheirdependencyonemployers,itis Given thevulnerabilityofisolatedMDWstoabuse Promotion Programme. Geneva: ILO,Promotion Programme. n.d. PaperGenprom #4–Serieson Women Gender andMigration, Labor,” WorkersMigrant fromGoingintoExploitative Forms of 21-22, 2005,Manila,Philippines. the Law,” presentedtoCEDAW GroupMeeting, October Expert Concerns andRecommendationsStrengthsLimitationsof Two(AMCB) pamphlet,“Whatisthe Week Rule?” Kong, 19November2005,andAsianMigrantCoordinatingBody Tamason, RegionalAlliance inHong Bungon Thai Chairperson, seekingwork. while Author’stheir visaslonger discussionwithMs. month tofindanewemployerandcan,insomeinstances,extend weeks orleave thecountry. Workers inallotherprofessions have a a MDWwhoisterminatedmustlocatenewemployerwithintwo ILO, 2004. the GlobalEconomy,” adoptedby the92ndConference. Geneva: of Labor,n.d. Employment ofDomesticHelpersfromAbroad.HongKong:Dept. MDWs. to endabuseof law. Inthisway, market forcesarealignedwithefforts employers whoareabusive,orregularlyviolatethelabor against MDWs,andenablesworkerstolegallyleave threat ofdeportationoftenwieldedbyemployers practicebecauseitremoves isgood This the permit. new employerforthedurationoftimeonher andmay seeka residencepermit, government-issued allowed toremainuntiltheexpirationofher leavebe forcedtoimmediately Italy. Sheislegally employment byalegalMDWdoesnotrequirethatshe Hong Kongandmanyothercountries,lossof Constitution, andenforcedby law. Importantly, unlike Discrimination ofanysortisprohibitedbythe in socialpensionfunds, andseverance pay. seven, paidannualleave,13-monthsalaries,participation minimum wages,medicalbenefits,onedayofrestin as otherworkers,andenjoythesamebenefits–such present inItalyareprovidedwiththesameprotections caregivers totheelderlyandchildren.MDWslegally working Italian women, prominently as andserve In Italy, MDWs‘substitutive’ play animportant role for theirskillsthroughtraining.to upgrade by employers,andMDWsalsoenjoytheopportunity threat afrequent termination, some protectionagainst coverage undertheunemploymentfundalsoprovides 16 15 14 13 12 D’Alconzo, G. etal.“Italy: GoodPractice toPrevent Women DomesticWorkers M.“Migrant Ramagoshi, Key inSouthAfrica: Forinstance,theso-called“twoweekrule”whichprovidesthat ILO. “ResolutionaFair Workers Concerning Deal forMigrant in HongKongSARDepartmentofLabor.Guidebookforthe 16

15 particularly important that any law covering MDWs There are several important reasons to adopt this good clearly forbids seizure of workers’ documents and practice. First, standard contracts provide for clear allows freedom of association so that an MDW has regulations protecting MDWs, while also laying out in the choice to join an organization of her choosing. clear details the rights and responsibilities of both Similarly, the law should provide for national treatment employers and workers. Second, the contracts provide for MDWs in line with the principle of non- a clear standard for regulation, inspection and discrimination to which most countries of employment enforcement by government authorities. Third, MDWs agree in theory. and employers can be educated in a clear and concise way on the contractual protections given to MDWs, Governmental development and promulgation creating a more informed and transparent sector of of a standard contract for hiring domestic the labor market that authorities can oversee. MDWs that must be used by all employers and employment agencies to hire workers; this However, there is still one shortcoming in these contracts. standard contract should be fully in line with This is the linking of the MDWs’ legal presence in the the national labor law and applicable country of employment with an ongoing contractual PAPER TECHNICAL international standards, and legally enforceable relationship. By ensuring that termination by an employer through expeditious consideration by the will inexorably lead to deportation of the worker, the relevant national court(s).17 system puts in the hand of employers a powerful weapon to intimidate their workers. These threats Jordan is an excellent example of this good practice in significantly reduce the likelihood that an MDW will action. A “Special Working Contract for Non-Jordanian stand up to employer mistreatment, or report an Domestic Workers” was instituted by the Ministry of employer to the authorities if s/he violates the law. Labor on January 21, 2003. This contract was developed through the joint work of UNIFEM and the Ministry 15 of Labor of the Hashemite Kingdom of Jordan. In this task, they were supported by a multi-stakeholder group that included other relevant ministries, the National Commission for Women, the Jordanian 17 The recommendation of this good practice tracks closely with Women’s Union, and embassy representatives from the recommendations of the Special Rapporteur on Migration in her report to the UN Economic and Social Council of January 12, Indonesia, the Philippines, and Sri Lanka. 2004. In Recommendation 80, she calls for all MDWs to have a written contract, and covers specific provisions for protection of Critically, this contract cannot be bypassed by employers MDWs that she believes should be included. In Recommendation 81, she “views as good practice the drawing up by States of or recruitment agencies. The contract is the only binding destination of model contracts for domestic workers which also document that is acceptable for the purposes of securing apply to illegal immigrants, stipulating working hours and minimum a visa for an MDW to enter Jordan, and to apply and wages. Such contracts should give migrant domestic workers the possibility of claiming their rights in court.” receive a work permit and a resident permit for an 18 Jordan’s standard contract provides for provisions for rest days; MDW.18 The Ministry of Labor is also working on timely payment of wages and prohibition on unauthorized amendments to the labor law to bring domestic workers deductions paid to third parties; prohibition on additional requirements to work outside the employer’s residence; employer under its coverage. payment of airline tickets and government fees; provision of accommodation, medical care and food, and the MDW’s right to Similarly in Hong Kong, a standard domestic MDW correspond freely with others; the MDW’s right to hold her passport; and requirements for the employer to provide life and accident contract (“Employment Contract for a Domestic insurances. Helper Recruited Abroad”) promulgated by the 19 The Hong Kong standard contract specifies wages (which cannot Government of Hong Kong SAR is considered the be below the minimum wage set by the Government), provides one rest day per week, limits work to be performed to only the residence only legal contract that can be used. Employing a of the employer, and stipulates that the employer must provide different, unauthorized contract is a criminal offence.19 suitable accommodation, free food (or an additional financial Since the contract’s terms are in line with the allowance in lieu of food), free medical care, coverage of round- trip travel and government fees, requirements for one-month notice Employment Ordinance, it is legally enforceable in before termination (or payment of one month in lieu of notice), Hong Kong’s Labor Courts. and other important provisions. 16 Good Practices to Protect Women Migrant Workers

as theenforcementthataccompanies it.Necessary Covering MDWsunderthelabor lawisonlyaseffective in additiontothenationallanguage. with governmentofficialsatleastabletospeakEnglish, such ahotline,perhapsthroughuseofmobilephones be madetoensurethatthereis24-hourcoveragefor awayin thehouseholdare orasleep, should arrangements make suchphonecallsexceptatoddhourswhenothers an employer.Recognizing thatMDWs oftencannot retaliation againstanMDWforfilingacomplaint Severe penaltiesshouldbeestablishedtoprevent immediately andthoroughlyinvestigated. unlawful treatment.Complaintsreceivedmustbe Hotline” thatreceivescomplaintsfromMDWsabout Department ofLaborhassetupa“LaborLawEnquiry unauthorized deductions. To helpenforcethislaw, the $3,320 permonthinatimelymannerandwithout that MDWsmustbepaidaminimumwageofHK Similarly,harassment. inHongKong, thelaw provides abusive treatment,includingphysicalandsexual established ahotlinetoreceivecallsfromMDWsalleging Social Welfare andFamily of Protectionhas Ministry MDWs.violate thelaws andpoliciesregarding Jordan’s line canhelpinspectorsapprehendemployerswho the firedepartmenttoasceneoffire,socomplaint violations.significant Just asaphonecallusuallybrings abusive treatment,non-paymentofwages,orother to provideanofficialhotlineforMDWsreport theiremployers’ homes, it’s critical the walls anddoors of Precisely becausedomesticworkersarehiddenbehind proceedings. for MDWswhoarewitnessesincriminal assist theirrecovery, guaranteed andprotection to victimized MDWs, withappropriate services sexually abuseMDWs;provisionofsheltersfor who violatethelabor law, orphysically or resources toeffectivelyprosecuteemployers and personnel necessary Deployment of their ownlanguage. complaints) forMDWstoreportabuses,using access forMDWstoofficialsinorderbring complaints line(orsimilarmechanismsaffording law applyingtoMDWs,andcreationofa Effective enforcementofallaspectsthelabor

November 15, 2005 November 15,2005 WomenPractices toProtect Workers, Migrant Bangkok,Thailand, Consultation ofOverseasEmployment ServiceProvidersonGood Employment ServiceProviders,adopted attheUNIFEMRegional monitoring, and other services fortheirbenefit.” andotherservices monitoring, inter alia concentrations ofwomenmigrantworkers,toprovide, labor-receiving countrieswheretherearelarge appropriate, ‘resource,support,andwelfarecenters’in of employmentto“Establish,wheneverfeasibleand calledforcountries agencies. agencies The recruitment recommended byameetingofoverseaslabor This importantgoodpracticehasbeenalso shesodesires. heremployer, if prosecutionof to pursue paramount, iscriticaltobuildtheMDW’s confidence needs ofthevictimizedMDWareheldtobe abused. Adoptingavictim-centricapproach,wherethe assistance shouldbemadeavailabletoMDWswhoare Shelter andbothphysicalpsychologicaltreatment/ publicized. are leviedandtheresultsofcaseswidely employers, andensurethatheavyfines/prisonsentences continually seektomakeapublicexampleoftheworst justice.” to takepartinthetrialsofemployersandobtain country andprovidesthemwiththenecessaryassistance labor andotherrights,butallowsthemtoremaininthe workers whoreporttheiremployersforviolating create adverseconsequencesformigrantdomestic urging “…Statestoensurethattheirlegislationdoesnot Migrants focusedimportantattentiononthisneed, intimidated orvictimized.TheSpecialRapporteuron to ensurethatMDWwitnessescrimesarenot of employmentshouldprovidenecessaryprotection successfully prosecuteanabusive employer. country The home, thetestimonyofMDWiscriticalto Since violationsoccurbehindthewallsofaprivate abusive employerswilldeterrencebeeffectivelybuilt. through continuousandeffectiveprosecutionof employers thelaw. caseswhere violate pursue legal Only resources andpersonnelmustbemadeavailableto 21 20 CovenantofEthicalConductand GoodPracticesofOverseas Ibid.,p. 18. 20 , counseling, welfare assistance, information, , counseling,welfare assistance, information, Utmtl,tecutyo employment should Ultimately, of thecountry 21

Strict monitoring of labor recruiting agencies to their country, perhaps to use their saved remittances to ensure they operate in accordance with all to set up a micro-enterprise. One way to do so is by government guidelines and laws governing creating safe, cheap and legal channels for remittances recruitment of domestic MDWs, and pro-active to flow through formal systems, rather than by investigation and suspension of the licenses of underground networks. agencies that violate those guidelines and/or laws. The World Bank, in its 2006 Global Economics Prospects report, notes that: Employer countries must set out clear guidelines for labor recruiting agencies, covering all aspects of their The GEP recommends increasing access by poor operations. Governments should dictate model contracts migrants and their families to formal financial and set clear limits on the amount that recruiting agencies services for sending and receiving remittances. can charge to MDWs (or their employers). In Hong This could be done by encouraging the expansion Kong, for example, this figure is set at 10 percent of of banking networks, allowing domestic banks the first month’s pay. Regulations should state that in origin countries to operate overseas, providing PAPER TECHNICAL employers pay the up front costs of bringing the MDW recognized identification cards to migrants, and to the country of employment, including round-trip facilitating the participation of micro-finance airfare, as well as the relevant fees for visa, residency institutions and credit unions in the remittances and work permit. Deductions by the employer from market.23 the MDW to pay for the benefit of third-parties (such as recruiting agencies) should be strictly prohibited. The GCIM also concurs with this conclusion by the World Bank, noting prominently in its recommendations Recruitment agencies that repeatedly violate the law that “Governments and financial institutions should should have their licenses withdrawn, and owners and make it easier and cheaper to transfer remittances and 17 key agency personnel involved in these violations should thus encourage migrants to remit through formal be barred from future involvement with labor transfer systems.” recruitment. Periodic registration opportunities for illegal/ The creation of safe, legal and inexpensive irregular migrant workers to apply for legal channels for MDWs to send remittances to their status, employing a clear process (explained in countries of origin. the languages of migrants) that is both inexpensive and fair; require employers seeking The Global Commission on International Migration to hire these domestic MDWs to register, and estimates that in the year 2004, approximately US $150 ensure hiring is fully in accordance with law and billion was sent as remittances through formal channels, standard domestic worker contracts. and another US $300 billion was remitted informally.22 Thailand successfully employed this good practice in Most countries of employment receiving MDWs from 2004, when it registered over 1.2 million irregular Asia are pursuing temporary migration schemes, migrants from Myanmar, Cambodia, and Laos PDR. designed to fill gaps in labor supply. Clear time limits The registration included all categories of workers, not are set for MDWs to work before they must return to just MDWs. A clear process was designed for irregular their country or renew their contract. MDWs have a primary goal to earn as much as possible, and remit those earnings to their home country. Therefore, as long 22 Global Commission on International Migration. Migration in an as countries of employment wish to maintain temporary Interconnected World: New Directions for Action–Report of the migration programmes, they have a self-interest in Global Commission on International Migration. Geneva: Global Commission on International Migration, October 2005. enabling MDWs to remit as much of their earnings as 23 World Bank. Global Economic Prospects Report 2006. possible because this gives MDWs an incentive to return Washington, D.C.: World Bank, November 16, 2005. 18 Good Practices to Protect Women Migrant Workers

abusive employersmigrants. andbecomeirregular would provideanalternativetoMDWshavingflee andimplementedimpartially, correctly this structured theprocess is hercontract.If of theterm duration of to leavethecountryofemploymentfulfill entitled tolegallyseekanewemployerwithouthaving the MDW. Insuch acase, theMDW couldthenbe by authoritiesthatfindsabuseswereperpetratedagainst complaint by anMDW, which promptsaninvestigation An approachtoconsidercouldstartwiththefilingofa and conditions, workers may changeemployers.” given employerandthat,undercertaincircumstances depend directlyontheemploymentrelationshipwitha make surethatworkers’immigrationstatusdoesnot Rapporteur urgesStates…toreviewtheirlegislationand relationship withheremployer,notingthat“TheSpecial statusfromtheMDW’s immigrant for de-linkingof an abusivesituation.TheSpecialRapporteurhascalled difficulty inchangingemployersifanMDWlands One short-comingofthisregistrationprocessisthe with thatemployer. MOL thenissuedlegalworkingpapersforthemigrant additional evidence,andansubmission,the diseases were excludable. Following presentation of insurance. Workers testedpositive who forcertain and 1,300baht(approximatelyUS$32.50)forhealth pay 600baht(approximatelyUS$15)forahealthexam, Labor. workers Migrant were to required of Ministry workers forthemigrant work fromthe legal permit a hiring process, andultimately, seektheissuanceof the toformalize were requiredsteps totake further Following workers employers andmigrant registration, these initialregistrationprocesseswerefree. and thenumberofmigrantworkersrequired.Both Ministry ofLabor,explainthenaturetheirbusiness, workers wererequiredtoregistertheirinterestwiththe Simultaneously, employers whowishedtohiremigrant migrant workerwithoneyearoflegalstatusinThailand. Labor.immediatelyprovided registration the This of their houseofresidence,andregisterwiththeMinistry migrant workerstoreport,alongwiththeownerof permits. work permits, passport, Absolute prohibitionon seizureofMDW’s

ID cards,andresidency

MULTI-STAKEHOLDER ACTION EXCHANGE, AND COOPERATION, SYSTEMS OFINFORMATION technical assistanceandsupport toimplementdatabases and regulationofMDWrecruitment.Asneeded, since itenablesmoreeffectivegovernmentoversight origin andcountriesofemploymentisgoodpractice systemsinbothcountriesof Improving information seriously.” migrants ofsuchwithholdingareinvestigated withholding ofpassports,andthatcomplaintsby States “…ensurethatlegislationprohibitsthe The SpecialRapporteuronMigrationrecommendsthat possibly bedeportedatanytime. security ofpersonandfearthattheycanbearrestedor practice goestotheheartofmigrantworkers’lack identification. Whileseeminglyasmallmatter,this of recognized by localpoliceasalegitimate form theIDisnot carry. Unfortunately, aphotocopyof provided aphotocopyoftheIDforworkerto stating thattheemployer kept theoriginalID, andjust In Thailanditisoftencommontohearmigrantworkers fosters abusive practices. often anillegalsystemofintimidationandcontrolthat Therefore, theholdingofthesedocumentsismore employment shewould immediatelybecomeirregular. run awaywithherpassport,inmostcountriesof away.MDW fromrunning anMDW didinfact Yet, if documents withimpunity, toprevent oftenallegedly an of theseprovisions,andemployerstakehold thesedocuments. However, there islittleenforcement of prohibittheseizure employment formally countries of legally. thatsheisinthecountry the evidence Many vulnerability oftheMDWbecauseitdeprivesher or recruitmentagencysignificantlyincreasesthe The seizureofthesepersonaldocumentsbyanemployer 24 Special Rapporteur report to ECOSOC, January report 12,2004, SpecialRapporteur p. 18. their country towork. their country countries oforiginMDWswhohaveleft matched withanationaldatabasecreatedin employment, whichcanbe of the country Creation ofanationaldatabaseMDWsin 24

should be made available by international organizations. Regional agreements to stop violation to migrant Governments of countries of origin and countries of workers through (i) advocacy with governments employment would have to cooperate and coordinate of labor sending and receiving countries to sign efforts to ensure compliance of their labor recruiting treaties, covenants and/or binding international agencies with provisions needed to keep the databases agreements or understanding, or (ii) inter-country updated with the latest, most accurate information, and or regional agreements and understanding severely penalize those agencies that fail to comply. involving national associations of overseas employment service providers and counterpart Creation of bilateral MOUs between countries organizations, in order to stop discrimination of origin and countries of employment, against foreign workers, and provide better, providing effective government-to-government responsive, uniform, equitable, and timely migration channels, setting out methods of protection and welfare to women migrant migration management to be jointly workers.26 implemented, and guaranteeing MDWs coverage under the labor law. Support for the development of multi- PAPER TECHNICAL stakeholder roundtables to provide a forum for There are many different bilateral agreements and coordination between ministries of countries of MOUs between countries of origin and countries of employment, embassies of countries of origin, employment, and they are too numerous to list here. NGOs, and where they exist, associations What is important is the collaborative, government-to- organized by the MDWs; coordination can take government channel they create, based on defined rules place on a number of fronts, ranging from cases set out in a written agreement, to manage migration. of MDWs requiring assistance to wider policy These rules may vary, but good practice dictates that, at on MDWs. a minimum, they should include provisions for ensuring 19 that all legal migrant workers are covered under the This good practice is grounded in the participatory labor law (see Thailand-Lao PDR, Thailand-Cambodia, principle that an open dialogue leads to building of and Thailand-Myanmar MOUs on employment trust between stakeholders involved with MDW issues cooperation for language); lay out clear steps for in countries of employment. Information can be recruitment, entry into the country, and departure from exchanged, problems analyzed for root cause(s), policies the country after the term of contract is completed; explained, and advocacy efforts strategized and provide necessary support for the social welfare and implemented. Particularly important for the MDWs is health of migrant workers; provide incentives for the an active diplomatic attaché. for labor issues at her voluntary return to the country of origin after a contract embassy to whom she can reach out when facing is completed; and set out a binding mechanism for mistreatment. While participants at such a roundtable resolving disputes between the two countries. may vary from country to country, most observers agree that the concept of having a common forum that meets The Global Commission on International Migration regularly has its own merit. The roundtable might start strongly supports adoption of this good practice, stating simply with representatives of the Ministry of Labor in its report that “Bilateral agreements are a valuable of the country of employment, labor attachés from means of addressing migration issues that affect two the countries of origin, and perhaps a UN agency or states. They must always respect the normative two. The initial mix of partners is important, but so is framework affecting international migrants and thereby the general goal of initiating a dialogue process. safeguard migrant rights.”25

Labor recruitment agencies are also supportive of this 25 GCIM report, p. 82. approach. In a meeting convened with recruitment 26 The “Covenant of Ethical Conduct and Good Practices of Overseas agencies by UNIFEM, the agencies noted that there Employment Service Providers” was created at a UNIFEM meeting should be: in Bangkok from 14-15 November 2005. 20 Good Practices to Protect Women Migrant Workers

Human Rightsand Trafficking, formally The RecommendedGuidelines andPrincipleson resume work. to are prepared inasecure shelter untilthey services return home(iftheydesire)orreceiverehabilitative responses frompoliceandforsupportvictimsto inspectors, etc.)aswellprovidingforspecialized responders (suchasthepolice,socialworkers,labor trafficking involvesintensivetrainingforfront-line Good practiceinidentifyingvictimsofhuman human trafficking. Women andChildrenprovides for cooperationtostop andPunish Suppress Trafficking inPersons, Especially cross-border crimes,andtheProtocoltoPrevent, commits nationstocooperateinternationallysuppress UN Transnational Convention Crime onOrganized community, theinternational and from asawhole. The and continuousattentionfromindividualGovernments world asaninternationalcrimethatrequiresimmediate Human traffickinghasbeenrecognizedaroundthe concurs thatthisisgoodpractice,statingthat: The GlobalCommissiononInternationalMigration BUILDING STRATEGIES CAPACITY-BUILDING ANDAWARENESS- services andsupport. services countries) toprovidethesevictimswithspecial agencies, NGOs,andembassiesofemployee organization, cooperation withinternational establishment ofaclearpolicyandplan(in identify victimsofhumantrafficking,and police, toenablethemquicklyandaccurately Training authorities,especially forgovernment importance of gender issues. gender of importance of localspecificities,andrecognizethe programmes areculturallysensitive,takeaccount to ensurethatmigrationpoliciesand engagement oftheseactorsisespeciallyneeded policy.migration The of implementation and placed tocontributetheformulation institutions andmigrantassociations,arewell other stakeholders,includingNGOs,civilsociety in thedomainofinternationalmigration,many While Governmentsremaintheprimaryactors

27

her frombeingidentifiedandassisted. of legalstatusthetraffickingvictimshallnotprevent According tointernationalstandardsandpractice,alack a womanevenmorevulnerabletovictimization. statusthat makes legal Yet alack oftenitisprecisely of employment aswell asthosewhohave status. anirregular to bothMDWswhoarelegallyinthecountryof It isimportanttonotethathumantraffickingcanoccur Economic and Social Council. New York:Economic andSocialCouncil.New UNECOSOC, May 2002. the UnitedNationsHighCommissioneronHumanRightsto Trafficking:Guidelines onHumanRightsand Report of protective measuresinplaceforthem,their representatives oftheembassyoriginbriefthemon day orientation,inwhichgovernmentofficialsand country ofemploymentberequiredtocompleteaone- good practiceisalsotohaveMDWsarrivinginthe required beforeMDWsdepartthecountryoforigin,a In additiontopre-departuretraining,whichshouldbe situation astraffickedpersons.” extent thatsuchinvolvementis adirectconsequenceoftheir destination, orfortheirinvolvement inunlawfulactivitiestothe the illegalityoftheirentryorresidence incountriesoftransitionor “Trafficked orprosecuted for charged shallnotbedetained, persons guidelines andproceduresabove.” of traffickedpersonsandcorrectapplicationthe relevant Stateauthoritiesandofficialsintheidentification persons…” and“…providingappropriatetrainingto trafficked therapidandaccurate identificationof permit procedures forrelevantStateauthoritiesandofficials…to Guidelines callsspecificallyfor“…guidelinesand Principles and The harm. protected fromfurther victims oftraffickingarerecognizedassuch,andfully July 2002,recommendsavictim-centricapproachthat adopted bytheUNEconomicandSocialCouncilin 29 28 27 UNEconomicandSocialCouncil.RecommendedPrinciples October2005, p. GCIMreport, 2. Specifically, theGuidelinesandPrinciplesrecommendsthat own embassy. employment andtheMDWs’ of Government on mechanismstoaccessassistancefromthe shouldalsobeprovided information country; expectations ofMDWswhiletheyareinthe employment, andculturalsocial of theGovernment of policies andregulations MDWs onlaborandotherrelevantlaws,MDW Substantive orientationsessionsforincoming

28

29

responsibilities, cultural and social issues in the country Encouraging embassies to assign labor attachés of employment, and ways to request assistance from to assist MDWs from their countries, and further the embassy of their origin country. A standard support of these attachés to work together in a curriculum should be developed to deliver this training, collaborative fashion; the labor attaché network written as a collaborative project by all relevant should design methods to reach out to MDWs stakeholders. The orientation for incoming MDWs and provide information about services and should be done in the language of the MDWs. assistance they can provide.

Effective public relations campaigns through Elements of this recommendation have been discussed TV, radio, and print media to remind employers already, but the key point is that labor attachés must be and recruitment agencies of their responsibilities pro-active, engaged advocates of MDW rights who to strictly comply with the laws, regulations and will diligently work for the best interests of MDWs policies covering MDWs. who contact them. A ‘business-as-usual,’ 9-to-4 diplomatic working day approach is not appropriate in It is good practice to have a pro-active, multi-faceted the critical position of the labor attaché. Care must be PAPER TECHNICAL public relations effort targeting current and future taken by the countries of origin to select attachés who employers of MDWs, explaining the policies and are genuinely committed to helping. regulations governing the hiring and employment of MDWs, and warning of the penalties for violations. As Country of employment laws to ensure that policies change, information must be updated and MDWs can take at least one rest day per week, communicated to the public. The Governments of and the setting aside of safe and convenient Hong Kong SAR and Singapore are excellent examples areas for MDWs to meet in order to undertake for closer study of this good practice. social and cultural activities. 21 PARTICIPATION, OUTREACH AND Ensuring that MDWs can get one rest day in seven and INCLUSION OF MDWS AND THEIR providing for freedom of movement for these workers ORGANIZATIONS enables social and cultural bonds to be built that can develop into a supportive community. Such bonds are There are two central principles that underpin action to critical to diminish feelings of isolation and alienation, overcome the isolation factors surrounding MDWs. The which have deleterious effects on the psychology of first is making sure that all information on systems of the MDW. The International Covenant on Economic, protection, and the applicable laws and regulations in Social, and Cultural Rights provides in Article 15 effect in the country of employment, are effectively everyone’s right to “take part in cultural life,” so this conveyed to MDWs in their own language. Methods recommendation is squarely in line with international should be developed so that MDWs are able to easily standards. Moreover, such support networks can and continuously access new information, and remain contribute to a positive migration experience for the up to date. The second principle is that the MDWs must MDW, and a willingness to renew contracts after they have the opportunity to meet, share information, and have completed their first term. In this way, the country provide assistance to each other in order to protect of employment will be in a position to benefit from themselves. more, better trained MDWs who are more conversant in the national language, culture and society of the Taking these steps will help the country of employment country of employment. to better enforce its laws and regulations because the MDWs (and their embassies, which are often the first Providing areas for MDWs to gather in safety and point of contact by an MDW in difficulty) will actually security during their rest days is important. In Hong play an important role in pointing out abusive employers Kong, certain public areas are known to be gathering and recruitment agencies who are violating the law. spots for different nationalities of MDWs – Filipinas, Indonesians, Thais, Nepalis, and others – and many of 22 Good Practices to Protect Women Migrant Workers

Numerous countries,includingThailand, from apracticalperspective,difficulttoenforce. the categoryofworkers,whichisdiscriminatoryand, than havingmultipleanddifferentstandardsbasedon is goodpracticetohaveonelawapplyall,rather this includesprovisionsforfreedomofassociation.It provide thesameprotectionsasnationalworkers,and The goalofcoveringMDWsunderthelaborlawisto proceed, orinChristianchurchesforethnicKaren. offer agreaterdegreeofsanctuaryforactivitiesto are oftenorganizedatlocalBuddhisttemples,which MDWs gather. activities InThailand, forethnicShans that onerestday, areaswhere ofteninthesepublic the migrationassociationsconductalltheiractivitieson Italy, andMalaysia, their arguments,theimportant factoristhattheyare MDWs. theseassociationsdonotwinall certainly While and feedbackonpolicies and regulationsaffecting Government oftheHongKongSARtoprovideinput its memberorganizationsareregularlyinvitedbythe Migrant CoordinatingBody(AMCB).TheAMCBand laws acoalitionbodynamed theAsian andhave formed registered asassociationsunderrelevantHongKong Workers. IndonesianMigrant arealllegally They of Friends ofThailand–HongKong,andtheAssociation Pacific MissionforMigrants,AssociationofSriLankans, Kong, FarEastOverseasNepaleseAssociation,Asia the ThaiRegionalAlliance,UnitedFilipinos–Hong and variedgroupofmigrantassociationsexist,suchas lessons fromHongKongareinstructive,asavibrant common social,culturalandeconomicinterests. Again, MDWs topursue of associations thecreation of permit rights forMDWs,countriesofemploymentshould As afirststeptowardsgoodpracticeoffullassociational form and/or join a legally registeredtradeunion. and/orjoinalegally form concerns. to amorethoroughanalysisofMDWissuesand andperspectives thatlead toshare information MDW associationsasvaluablepartners,with shouldrecognize Governments associations; hindrance withothermigrantworkers to meet,andallowingthemnetworkwithout worker associationsorgroups,allowingthem MDW of theformation permitting expression by Protection ofMDWsfreedomassociationand

32 allow for migrant workers allow formigrant toeither 30 SouthAfrica, 33

31

restrictions onwhomayformorjoin aunion. establishments inwhichaunionmay beorganized;andnationality domestic serviceas“work”;numerical thresholdsforsizeof to MDWsbecauseofamixture offactors:failuretoconsider domestic workers. right tojoinunions,buttheEmploymentActdoesnotcover Labor RelationsAct66of1995. easy access to help and support. easy accesstohelpandsupport. MDWs canthusbedeveloped,focusedonenabling diversified networkofsupportingorganizationsfor cases. court withtheMDW A directly tofilenecessary complaints concernlaborissues,theNGOcanwork actions. topoliceforrescue If cases canbereferred theMDW, violenceagainst with NGOs. Incasesof MDWs introuble,andforgecollaborativerelationships to providehotlines,encouragecreationofsheltersfor practice, GovernmentsshouldsupportNGOsinefforts built upthroughcollaborative efforts.As agood workers, andyearsoftrustwithmigrantcommunities committed staffs,closerelationshipswithmigrant toprovideadvantages including theseservices, recover traumatic situations. from NGOshave strong and asenseofbothsafetycommunityasthey gender perspectivetobetterunderstandtheirexperience, in theirownlanguage,socialworkerswithanuanced immediate assistance.Theyrequiresupport,counseling MDWsintroubleoftenrequiremorethanjust the MDWs,andaccordedaplaceinpolicydialogue. recognized aslegitimatepartnersandrepresentativesof 33 32 31 30 domestic workers joining. from in enterpriseswith10employeesormore,effectivelyprevening for thepurposesofregistration),butunionscanonlybeorganized migrant workerstojoinunions(butnotbeoneofthe‘founders’ TheLaborRelationsActof1975givestherightforlegallyregistered Unfortunately, doesnotalways thisprotectionformigrants apply workers 1959provides migrant withthe Trade The UnionActof MDWsareallowedtojoinunionswithoutrestrictionsunderthe from themostabusivesituations. authorities toenablepossiblerescuesofMDWs guide NGOcooperationwithappropriate thehotlinescanbeusedto from information assistance ingettingoutofabusiveconditions; MDWs abouttheirproblems,andtoprovide appropriate counselorstolistenandadvise and NGOstosetup24-hourhotlineswith Support byemployercountriesoforganizations

Provision of community radio programming occasions, there is a significant gap between the that will reach MDWs in their own language in legal commitments that states freely enter into order to inform them about their rights, laws, when they ratify such treaties, and the extent to regulations, and other matters. which they implement them in practice. While this problem is related to the question of capacity, The isolation of MDWs is difficult to overcome, it is also often an issue of political will.35 especially in countries of employment where they are afforded few or no days off, and where their freedom Little can be added to this succinct characterization of of movement is severely restricted. In parts of Thailand, the situation. some NGOs are working with community-based organizations, and pioneering approaches with Burmese, CONCLUSION Karen and Shan language programmes on community radio stations, aimed at MDWs. Critical aspects of radio Throughout this discussion, it is critical to recall one programming to consider include broadcasting in the fact that will not change for the foreseeable future. This MDWs’ own languages, development of educational fact is that for all intents and purposes, the countries of PAPER TECHNICAL messages and access mechanisms (providing hotline origin and the countries of employment are now roped numbers or post office boxes where assistance can be together in a mutual dependence created by MDWs. asked for), and creating interesting educational Households in countries of employment have been programmes on MDWs’ rights and responsibilities, for effectively re-formed into two-career homes and/or instance through incorporating messages into dramas social lives built around the assumption that an MDW that provide higher entertainment value. The timing will be present to care for children, the elderly and the of broadcasts must also be assessed carefully, since infirm, and perform other tasks involved in domestic restrictive employers may prohibit their MDW from service. In most countries of employment, national listening to the radio when the employer is in the domestic workers who are readily available at an 23 household.34 affordable wage no longer exist. In countries of origin, households of overseas MDWs have become BRINGING LAWS AND PRACTICES INTO dependent on remitted wages for their sustenance, as LINE WITH INTERNATIONAL well as for hope of a better economic future. STANDARDS The way in which these hard-working, self-sacrificing Ratification of relevant international women – the mothers, wives, daughters, and sisters – conventions and instruments, including are treated will have an increasingly large impact on the CEDAW, CERD, CMW, ICESCR, ICPCR, and nature of this deepening relationship between countries CAT. of origin and countries of employment. For the sake of these women, and for the sake of mutual economic The Global Commission on International Migration benefit between countries of origin and countries of concisely confronts the wide gap between States’ employment, the time has come for serious action to voluntary adoption of international human rights systematically protect MDWs. The good practices standards and the continued failure to implement these documented above offer clear and practical ways to standards in practice. It found that: move forward.

The establishment of a coherent approach to migration requires states to demonstrate a greater respect for the provisions of the legal and normative framework affecting international migrants, especially the seven core UN human 34 Author’s phone interviews with NGO representative in Chiang Mai and with Dr. David Feingold, a specialist in human trafficking rights treaties. In the course of its consultations, at UNESCO Bangkok the Commission observed that on too many 35 GCIM report, October 2005, pp. 2-3. 24 Good Practices to Protect Women Migrant Workers Workers: LittleProtection for theUnderpaid.” ILO GloriaMoreno-Fortes.Chammartin, “Domestic Age. Baker, Mark. “Hell’s Maid,” Kitchen Singapore for Population. Journal of www www in Bahrain,” Al-Najjar, Sabika.“Women Workers DomesticMigrant Migrants, Manila,Philippines,21-22October2005. CEDAW General Recommendations onWomen Workers,” Meetingonthe Group presentedatExpert Women Italy: Migrant Aghatise, Esohe. Caseof “The BIBLIOGRAPHY APMM. “Macau SAR Country Profile,”APMM. “MacauSARCountry July 2005,at Bangladesh, November25-27,2004. Convention onPeople’s Food Sovreignty, Dhaka, and HongKong,” submitted totheAsiaPacific Workers Migrant inTaiwan Situation of The the Hungry: Asia Pacific (APMM). “Feeding Mission forMigrants unpublished report. AMCB,” Environment of andInternal theExternal of Asian MigrantCoordinatingBody(AMCB).“Summary unpublished report.HongKongSAR,September2004. Foreign DomesticWorkers inHongKong,” Center.Asian Migrant “EconomicContributionsof 2005. Migration RealitiesMigration andProspectsinAsia” Asis, M.B. Maruja Good?International “NotHerefor www.asian-migrants.org South Korea, 26-28,2005,” September onlineat “AsiaWomen’s Seoul, Statement, Forum onMigration 2005,” February at “TaiwanAPMM. as of Profile Say Agencies,” Arshad, Alina.“MakeItLawtoGiveMaidsDayOff, The StraitsTimes. A MustNextYear,” forMaids Arshad, Alina.“Days Off ILO, Programme, Migration International n.d.. Melbourne: n.p., Melbourne: July 24, 2002(accessedonline). .a .a pmig pmig r r ants ants International MigrationPapersInternational 47 The StraitsTimes. .or .or Singapore, October25,2005. g g n.p.,Vol. 2, No. 1,March2004.

Singapore, October26, Singapore, The Japanese . Geneva: The

Human RightsWatch. Beirut: ILORegionalOfficeforArabStates,June2004. DomesticWorkers. Migration inArabStates:TheCaseof SamelandSmith,Monica(eds.).Esim, Geneva: ILOGenderPromotionProgramme,n.d. Labor,” Workers GoingintoExploitative from of Forms toPrevent “Italy:GoodPractice Elena; Women Migrant D’Alconzo, LaRocca, Giuseppina; Simona;&Marioni, 13-15,2003. February Thailand, Trail” Migration Asian journalists, seminarfor Bangkok, unpublished reportpreparedfor“OntheAsian Tears,” Dreamsand Ciceri, Fr. Bruno. “Taiwan: Landof International Organizationfor Migration(IOM)website Conference 92 in theGlobalEconomy ILO. www Policy Migration Institute, of document courtesy Human RightsWatch, 2004. York: HumanRightsWatch, Vol. 16,No. 9(b),July Domestic MigrantWorkers inIndonesiaandMalaysia. Conference 92 Economy ILO. in PetalingJaya,Malaysia,December6-8,1999. Workers,” onMigrant Organizations fromsymposium Asia-Pacific ILO Regional SymposiumforTrade Union ILO ACTRAV. “ConclusionsandRecommendations: Outside HongKong” foundatwww.immd.gov.hk aDomesticWorker“Employment Contractfor from Hong KongSpecialAdministrativeRegion(HKSAR). Immigration DepartmentoftheGovernment Vol. 16,No. 1(B),January 2004. Workers inElSalvador. Watch,Human Rights Rights Watch, Vol. No. 16, 5(E),July 2004. MigrantWorkers inSaudiArabia. of .mig Resolution Concerning aFairResolution Concerning Dealfor MigrantWorkers Towards aFair DealforMigrantWorkers intheGlobal Genprom PaperGenprom #4–SeriesonWomen andMigration. , Report VI from the International Labor VI from the International , Report r antinf nd nd or Session.Geneva: ILO, 2004. Session.Geneva: ILO, 2004. ma NewYork: HumanRightsWatch, tion.or , from the International Labor Labor , from theInternational Help Wanted:Help AbusesAgainst Female Bad Dreams: ExploitationandAbuse Bad Dreams: Abuses Against DomesticChild g New York: Human Gender and New New

(19 June 2006): http://www.icm.int/iomwebsite/ Ramagoshi, Mmabatho. “Migrant Domestic Workers publications/servletsearch Publication/ in South Africa: Key Concerns and Recommendations gender+and+migration and Strengths and Limitations of the Law,” unpublished paper presented to CEDAW Expert Group Meeting, Kawar, Mary. “Gender and Migration: Why Are Women October 21-22, 2005, Manila, Philippines. More Vulnerable?” Femmes en Mouvement. Website address (19 June 2006): http://www.iued.unige.ch/ Sabban, Rima. “Migrant Women in the United Arab information/publications/pdf/yp_femmes_mvt/10- Emirates: The Case of Female Domestic Workers,” m.kawar.pdf GENPROM Working Paper No. 10, Series on Women and Migration. Geneva: ILO Gender Promotion Malaysian Trades Union Congress (MTUC) Concluding Programme, n.d. Resolution, MTUC Conference on Migrant Workers, Petaling Jaya, Malaysia, April 18-19, 2005. UN Economic and Social Council. “Report of the Special Rapporteur, Gabriela Rodriguez Pizarro,

Matsuda, Mizuho. “Japan: An Assessment of the submitted pursuant to Commission on Human Rights PAPER TECHNICAL International Labor Migration Situation – The Case of Resolution 2003/46,” Committee on Human Rights, Female Migrant Workers,” Genprom Working Paper No. 60th Session, Item 14 (a) of the provisional agenda, 12 5, Series on Women and Migration. Geneva: ILO Gender January 2004. Promotion Programme, n.d. UNIFEM. “The Jakarta Recommendations for Action Memorandum of Understanding Between the on Recognizing, Protecting & Empowering Women Government of the Kingdom of Cambodia and the Migrant Workers in Asia” from meeting in Jakarta, Government of the Kingdom of Thailand on Indonesia, December 9-11, 2003. Cooperation in the Employment of Workers, May 31, 2003. UNIFEM. “Covenant of Ethical Conduct and Good 25 Practices of Overseas Employment Service Providers,” Memorandum of Understanding Between the adopted at UNIFEM Regional Consultation of Government of the Lao People’s Democratic Republic Overseas Employment Service Providers on Good and the Government of the Kingdom of Thailand on Practices to Protect Women Migrant Workers, Bangkok, Cooperation in the Employment of Workers, October Thailand, November 15, 2005. 15, 2002. UNIFEM. Empowering Women Migrant Workers in Asia: Ministry of Labor of the Hashemite Kingdom of A Briefing Kit. Bangkok: Regional Progamme on Jordan. “Special Working Contract for Non-Jordanian Empowering Women Migrant Workers in Asia, 2003. Domestic Workers.” Amman: Ministry of Labor, January 2003. UNIFEM. Human Rights Protections Applicable to Women Migrant Workers: A UNIFEM Briefing Paper. Bangkok: Newland, Kathleen. “Migration as a Factor in Regional Programme on Empowering Women Migrant Development and Poverty Reduction,” online June 1, Workers in Asia, 2003. 2003 report at Migration Policy Institute website: www.migrationpolicy.org UNIFEM Arab States Regional Office. “Special Working Contract for Non-Jordanian Domestic Pakkiasamy, Divya. Saudi Arabia’s Plan for Changing Workers: An Opportunity to Enhance Protection for a Its Workforce, Migration Policy Institute, Washington, Particularly Vulnerable Group of Women Workers,” D.C., online November 1, 2004 report at: January 21, 2003 press release, found on www.migrationpolicy.org www.unifem.org.jo

Penang Office for Human Development. “Looking Zlotnik, Hania. The Global Dimensions of Female Migration. Beyond the Torture of Nimala Bonat,” Aliran Magazine. Washington, D.C.: Migration Policy Institute, March May 2004. Accessed online at: www.aliran.com 2003. 26 Good Practices to Protect Women Migrant Workers Country Papers

Women Migrant Workers in Bahrain PAPERS COUNTRY Ministry of Labor, Bahrain

Good Practices for Migrant Workers in Brunei Darussalam Department of Labor, Brunei Darussalam

Protection of Migrant Women Workers in Jordan: Achievements and Remaining Challenges Ministry of Labor, Jordan 27 Good Practices to Protect Women Migrant Workers in Malaysia, Especially Migrant Domestic Workers Ministry of Human Resources, Labor Department, Malaysia

Good Practices to Protect Women Migrant Workers in Singapore Ministry of Manpower, Singapore

The Case of Migrant Workers in Thailand Ministry of Labor and Ministry of Social Development & Human Security, Royal Thai Government 28 Good Practices to Protect Women Migrant Workers Source: Basic Results Population, Housing, Buildings &Establishments Census BasicResultsPopulation, Housing, Source: Total Women Men Total Force Labor Total Women Men Non-Bahrainis Total Women Men Bahrainis Nationality/Gender the current law replaced previous labor legislation from the currentlawreplacedpreviouslaborlegislationfrom differently thanothertypesofworkerssince1976,when The domesticworkercategorieshavebeentreated cooks, anddomestic maids. three ofthesecategories,namelyworkingasnannies, Women restrictedtowork generally are inonly migrants cooks, drivers (for private houses),anddomesticmaids. are: nannies(whotakecareofchildren),gardeners, workers undertheBahrainLaborLawof1976.These come fromAsia.Therearefivecategoriesofdomestic The majorityofdomesticwomenworkersinBahrain number onlygraduallyincreased to34,097. 1971 (1,400women)to1981 (6,855women).By1991,theirnumbersalsotripledto 22,047;howeverin2001,the The abovestatisticsindicate thatthenumberofwomenmigrantworkersincreased four timesitsoriginalsizefrom

56,768 56,768 22,284 20,884 37,727 35,884 60,011 3,243 1,400 1,843 1971 Table 1:BahrainLabor Force: 10-Year CensusStatistics

94 93 95 % 6 7 5 - - -

142,284 12,6179 16,105 16,105 81,085 74,230 61,199 51,949 6,855 9,250 1981

12 88 91 16 84 % 9 - - -

% Change 401 396 122 263 389 255 137 44 62 Bahrain

women migrantworkers(highlighted): force, andaptlyillustratestheballooningpresenceof table presents 10-yearcensusstatisticsforBahrain’s labor avisafordomesticworker.apply toget following The Even non-BahrainiswhoearnedUS$1,000+could the populationcouldaffordtohiredomesticworkers. experienced dramaticeconomicgrowth,andmostof households. Duringthe1980’s, however, thecountry only ahandfulofforeignmaidshiredbywealthy attention duringthe1980’s. Priortothattime, therewere 1957. Infact,domesticworkerissuesreallygarnered Labor, Bahrain of Ministry Women Workers Migrant inBahrain

226,448 1839,591 186,857 82 135,786 - 1722,047 113,739 83 -90,662 2017,544 8073,118 1991

- %

% Change 145 221 59 48 76 53 48 89 40

308,341 66,865 22 241,476 78 181,220 - 34,097 19 147,123 81 127,121 - 32,768 26 94,353 74 2001

-

%

%Change 29 36 68 29 33 54 29 40 86

Table 2: Distribution of women migrant workers throughout Bahrain’s labor market by occupation and age

OCCUPATION AGE GROUPS

TOTAL 65+ 60-64 55-59 50-54 45-49 40-44 35-39 30-34 25-29 20-24 15-19 LEGISLATORS, SENIOR 455 3 9 17 30 64 96 87 70 58 21 - OFFICIALS, MANAGERS & BUSINESS OWNERS SCIENTIFIC, TECHNICAL & 1768 5 13 47 100 167 230 280 299 342 280 5 HUMANITIES PROFESSIONALS SCIENTIFIC, TECHNICAL & 2261 5 9 50 119 322 389 447 477 346 90 7 HUMANITIES TECHNICIANS

PAPER COUNTRY CLERICAL WORKERS 1166 - 4 17 38 102 171 232 241 205 149 7 SALES WORKERS 452 - 1 3 12 36 58 115 85 87 46 9 SERVICES WORKERS 24342 28 52 132 445 1203 2664 4439 6600 5225 3513 41 AGRICULTURAL, ANIMAL 10 - - - 1 - - 2 2 3 2 - HUSBANDRY WORKERS HUNTERS & FISHERMEN INDUSTRIAL, CHEMICAL & 3021 2 4 13 58 112 122 312 561 953 883 1 FOOD INDUSTRIES WORKERS PRINCIPAL & AUXILIARY 24 - - 1 - 5 2 1 3 9 3 - ENGINEERING OCCUPATIONS UNKNOWN 288 2 1 2 7 30 25 52 80 58 18 13 29 TOTAL 33787 45 93 282 810 2041 3757 5967 8418 7286 5005 83

Source: www.bahrain.Org.bh/ 2001 Census, Part 2, Working Population

As indicated in table 2, 96 percent of migrant women workers are aged between 20-49 years, and 72 percent Figure 1: Percentage of Asian Working Women by Occupation of these working women are employed in the service Groups in the Bahrain Labor Market 2001 sector. Looking closer at the service sector, census figures indicate that the distribution of the working UNKNOWN

population is as follows: ENGINEERING

INDUSTRIAL Service workers = 24% of the total population AGRICULTURAL Non-Bahraini women = 75% of the service workers Non-Bahraini women = 18% of the total working SERVICES population SALES CLERICAL

Of these numbers, Asian women account for the largest SCIENTIFIC

proportion – 82 percent – of service working women, PROFESSIONALS and represent 47 percent of the total population of MANAGERS working women in Bahrain. It is important to note, however, that Asian women work in a variety of sectors 90 80 70 60 50 40 30 20 10 0 in Bahrain. Figure 1 illustrates a breakdown of their % of Asian Working Women employment percentages by occupation: Source: www.bahrain.Org.bh/ 2001 Census, Part 2, Working Population 30 Good Practices to Protect Women Migrant Workers

Table 3: Migrant Women’s Educational Status By Occupation - 2001

OCCUPATION TOTAL HIGHEST EDUCATION LEVEL B.SC B.SC HIGH ABOVE ABOVE B.A../ B.A../ Ph.D WRITE WRITE M.A. / M.S M.A. / M.S ABOVE ABOVE READ & DIPLOMA PRIMARY PRIMARY UNKNOWN UNKNOWN SECONDARY SECONDARY CERTIFICATE CERTIFICATE PREPARATORY PREPARATORY PREPARATORY PREPARATORY CERTIFICATE CERTIFICATE SECONDARY SECONDARY ILLITERATE ILLITERATE Legislators, Senior Officials, CERTIFICATE Managers, and Business /READ ONLY Owners 455 27 4 44 40 188 58 74 7 5 4 4 -

Scientific, Technical and Humanities Professionals 1768 71 56 165 122 584 207 313 24 48 21 131 26

Scientific, Technical and Humanities Technicians 2261 67 16 106 362 674 615 290 24 36 15 35 21

Clerical Workers 1166 15 - 19 66 221 368 400 24 22 9 13 9

Sales Workers 452 28 - 8 18 91 47 176 21 32 7 17 7

Service Workers 24342 538 2 23 162 504 552 3360 536 2222 2437 7706 6300

Agricultural, Animal Husbandry Workers, Hunters and Fishermen 10 1 - - - - - 1 - 1 - 5 2

Industrial, Chemical and Food Industries Workers 3021 280 - - 5 42 60 228 41 265 232 1641 227

Principal and Auxiliary Engineering 24 5 - - 1 1 2 6 1 2 1 5 -

UNKNOWN 288 204 - - 1 4 2 8 2 6 8 5 48

TOTAL 33787 1236 78 365 777 2309 1911 4856 680 2639 2734 9562 6640

Source: www.bahrain.org.bh/2001 Census POLICY AND PROGRAMMES TO Smart cards will be initiated that will “fingerprint” ADDRESS MIGRANT CONCERNS each person who enters Bahrain. A number of non- Bahrainis claim that they have lost their identification In addressing the concerns that women migrant workers card and do not know who their sponsors are. This face at the national and regional level, the Government card will, therefore, help to regulate movement in of Bahrain has undertaken the following actions. The and out of the country, and will close the door to first three are enforceable under the country’s 1976 labor overstay in Bahrain after the expiration of a migrant’s law. work permit

Producing a statement of the need for a GOOD PRACTICES domestic helper. This must be secured for the application of visa for the migrant worker. The Good Practices that can be considered are the household should list all the family members and sponsorship measures applied and created in the

their status so that the Foreign Employment Section Arabian Gulf countries. This is the old traditional cultural PAPER COUNTRY can check their files. In other cases, elderly people in way of the head of the tribal law that the natives can the family are also included. help anyone who will ask for help of any kind. This means that the sponsors have to provide housing, Requiring the sponsor to prove availability of clothing, food and beverages, full salary, special adequate monthly salary. This should be more than allowance and after two years of sponsorship may US $1,200 a month in order to apply for a first treat the worker as a family member. In many cases, housemaid, around US $2,700 to employ a second some sponsors marry the house maids. In some other housemaid, and more than US $4,000 to employ a cases, a maid could invite her family to come and live third. with her. Hence, there are cases wherein two sisters are working together in the same household or the maid 31 Ensuring the sponsor’s background. An employer and her children work in the same household. It is also must have a good file at the Ministry of Labor, and legal for workers whose salary is over $1,700 to invite should not have a record of any dispute or their family to live with them under the same complaints against him regarding sponsoring sponsorship. domestic workers. (Any domestic workers who have any dispute against their sponsors can file a complaint The Government of Bahrain protects all the workers free of charge at the Labor Relation Section at the including the domestic workers without charging any Ministry of Labor). tax from them. They also provide free Medicare for all people living in Bahrain. In addition, the Government of Bahrain is currently in the early stages of two other programmes that implicate Bahrain has adopted a Central Personal Record (CPR) migrant workers: which started in 1982 for every single person living in Bahrain. This is a card which records all personal data Construction of a shelter for both male and female under a 9-digit number in the Central Information migrant workers. Many agencies will participate in Organization (CIO). This CPR can be verified at all assisting with this shelter: the Ministry of Health to government organizations since they share one central help with medical assessment, the Ministry of Justice main frame at CIO. The CPR can record any child born to help in defending workers, the Ministry of Interior as a Bahraini citizen or any non-Bahraini under a visa to for security reasons, the Immigration Agency for enter the country. This is done to give everyone fair visas, the Ministry of Labor for labor issues and the treatment just as citizens. Essential food items are also Ministry of Social Development for social help. subsidized by the Government. 32 Good Practices to Protect Women Migrant Workers domestic workers).However,mostoftheforeign percent or76,678wereforeignworkers(excluding the totalworkforcewasaround158,600,ofwhich61 remaining 40percentwere femaleworkers. year, That of which60percentweremaleworkersandthe year, thetotallaborforcewasapproximately164,400, population growthwasabout2.9percent.Inthesame the remaining48percentwerefemale.Theannual 360,000 in2004,ofwhich52percentweremaleand Brunei Darussalamhadasmallpopulationofabout Labor MarketSituationinBruneiDarussalam sphere. increasingly seekemploymentoutsideofthedomestic domestic workersisontherisebecauselocal Indonesia andThailand.Thedemandformigrant neighboring countriessuchasMalaysia,thePhilippines, traditional sourceforthislaborismainlyfrom workers, especiallydomesticworkers ormaids. The Brunei Darussalamisareceivingcountryformigrant 14 Thailand Taiwan 13 12 Pakistan 11 Philippines 10 NewZealand 9 Nepal 8 Malaysia 7 SriLanka 6 India 5 Indonesia 4 Singapore 3 Ethiopia 2 Myanmar 1 Bangladesh No.

Table DomesticWorkers Darussalam inBrunei 1:Total Numberof COUNTRY Total

MALE FEMALE MALE GENDER 2582 1917 191 243 55 16 24 80 48 3 1 1 1 2 -

Brunei Darussalam Darussalam as of 25 August 2005 was as follows: Darussalam asof25August2005wasfollows: The totalnumberofdomesticworkersinBrunei working intheprivate sector. foreigners accountforthesamepercentageofthose make up75percentofthetotalworkforce,while work. Atpresent,localsworkingwiththeGovernment are amongthereasonswhylocalsprefergovernment employer. Stable incomeand attractive benefits fringe sector, butmanystillseetheGovernmentasultimate the private sector. Somelocalsdowork withtheprivate sometimes lowerinthepublicsectorascomparedto for locals,eventhoughwagessimilarworkare sector, governmentemploymentisstillthefirstchoice In spiteofthelimitedavailabilityjobsinpublic services. personal and morethan4,000workers incommunity, socialand 6,000 workersinmining,quarryingandmanufacturing; more than24,000workersinconstruction; workers sector,working were including intheservices Department ofLabor,BruneiDarussalam Brunei Darussalam Workers Migrant Good Practicesfor in

17,685 13858 3539 101 104 45 10 TOTAL 1 2 8 6 1 1 9 -

20,267 15775

3730 156 184 288 17 32 11 58

3 3 7 2 1

The employers are either locals or expatriates who are there was no law to regulate the activities of employment working with the Government or companies. Not agents who bring foreign workers into Brunei. everybody is eligible to employ foreign domestic workers or maids. Under the Labor Act 1954, the Before the enforcement of this Order, employers who Commissioner of Labor may in his discretion issue a had licenses to bring in foreign workers normally used license to a prospective employer if he is satisfied that the services of agents to recruit them based on the quota the applicant is “fit and proper.” In other words, the approved. Such activities raised many complaints from employer has to prove that he is in a sound financial employers about instances of misuse and abuse of their position and is able to provide sufficient basic necessities licenses. such as food and shelter for the worker. There are also instances where domestic workers have In the past, most labor disputes were amicably settled, been brought into the country without the knowledge but nowadays the Department of Labor does not of the actual employer. Many have been brought in hesitate to haul errant employers to court if they fail to without confirmed employment, thus, forcing them to

COUNTRY PAPER PAPER COUNTRY pay salaries to their workers. Such action is taken not look for jobs or work as ‘freelancers.’ This practice has only to ensure that employers must meet their consequently tarnished the good name of the country, obligations, but also to send a strong signal to them with reports published by foreign media of alleged that they will be penalized for breaching the law. human trafficking in Brunei Darussalam.

Several errant agents have been reported to deduct a With the enforcement of the new Order, entry of fee from the worker’s monthly wages. Such irresponsible foreign workers has been controlled and the welfare actions very often lead to maids receiving no salary at of the foreign workers is protected from irresponsible all for several months. The department also deals with employers. At the same time, employment agencies must cases where domestic workers often run away from operate according to regulations established under the 33 home because of ill-treatment by the employer, non- Order and the Department of Labor takes firm legal payment of wages or simply because they want to return action against those who violate it. home. The Order requires all employers who have been granted According to police reports, there are cases where licenses to employ foreign workers to use the services employers have committed offences to the domestic of approved employment agencies. The direct workers that are punishable under the country’s penal employment of foreign workers or through code. However, many cases are unreported because unregistered agents is now prohibited. It is hoped that workers are reluctant to go to the police and thereby the licensing of employment agencies will crack down suffer loss of income during the process of investigation. on illegal recruiters who prey on desperate foreign workers looking for employment in Brunei Darussalam. GOOD PRACTICES TO ADDRESS THE CONCERNS OF WOMEN MIGRANT WORKERS

In addressing the issue of domestic workers, various measures have been introduced by the Government such as:

Introduction of Employment Agencies Order 2004.

This Order was introduced to control the activities of employment agencies relating to employment in the private sector, such as domestic workers. Previously, 34 Good Practices to Protect Women Migrant Workers

country oforigin. quota, andthedomesticworkerissentbacktoher/his against theemployersbycancelingorreducingtheir Department ofLaborwilltakeadministrativeaction For casesthatcannotbesettledamicably, the anyabuse orcomplaints.to report are alsogiventheLaborHotlineNumberfortheiraccess theirrights, thedo’sthem regarding anddonot’s. They that isconductedby Labor Officers. meetingbriefs The workers arerequiredtobepresentatabriefingsession When signingtheContractofAgreement,domestic Trafficking2004. Act other legislationsuchasthePenalCodeandHuman The protectionofforeignworkersisalsocoveredby a worker andhisemployer. tocover serves deposit The a“Banker’s tosettleanydisputebetween Guarantee” of isusuallyusedeitherincashortheform deposit This in 1986. as repatriation,thepaymentofadepositwasintroduced incurred duringtherecruitmentofforeignworkerssuch To anycosts indemnifytheGovernment against Reduction ofEmployerQuotas. Briefing.Pre-Employment Other Legislation. Deposit.

COUNTRY/AREA Other Areas Europe Australia &NewZealand Indian Sub-Continent:India/Pakistan/Bangladesh/Nepal/SriLanka Myanmar/Laos/Cambodia/Vietnam Malaysia/Singapore/Philippines/Thailand/Indonesia

Table AmountPaid 2: by Country asDeposit

employed inBruneiDarussalam. Guarantee remainsvalidas longastheworkerisstill Labor, thus, thattheBanker’s hastoensure of creates abreakdowninthe system.TheDepartment and theemployerscannotaffordtorenewit,which been situationswhentheBanker’s Guarantee expires sent back totheir homecountries. However, therehave workers areexpectednottobestrandedandcan With theintroductionofasystemtocollectdeposits, the employment agencies. provided by employers aresatisfiedwiththeservices of workersneedstobeenhancedsoasensurethat order tomeetemployers’ expectations. thequality Still, to ensurethequalificationsandreliabilityofworkersin foreignworkers.the CV’s make They moreeffort of Employment agenciesnowtakemorecareinpreparing IMPLEMENTATION CHALLENGES ENCOUNTEREDIN POSITIVE OUTCOMESAND prevailing laws andregulations. reminder toemployersoftheneedcomplywith All courtcasesarepublicizedthroughthemediaasa area asfollows: The amountofdepositpaidisbasedoncountryor often failstopayfortheticket. worker backtoherhomecountrybecausetheemployer salaries areunpaid,thedepositiscrucialtosend the airfare theworker’s for home. Incaseswhere return Promotion throughtheMedia.

AMOUNT $4500.00 $3500.00 $2600.00 $1800.00 $900.00 $600.00

FURTHER INITIATIVES TO PROTECT CONCLUSION WOMEN MIGRANT WORKERS In view of our small population size and labor force, Additional initiatives that could be introduced to protect Brunei Darussalam will continue to recruit foreign women who migrate to Brunei Darussalam for work workers, including domestic helpers. As such, protective include the establishment of a Foreign Workers Training measures to safeguard the interests of domestic workers Center and a Foreign Workers Social Center. These will continue to be enforced and improved, as necessary. could provide services such as counseling, promoting An abusive employer will face criminal and civil penalties. social integration, and providing appropriate training. The Government will continue to play its role in mediating labor disputes to ensure harmony, as well as to ensure the safety of those who come to the country for work.

COUNTRY PAPER PAPER COUNTRY

35 36 Good Practices to Protect Women Migrant Workers

include: Fundamental PrinciplesandRightsatWork. These conventions and7ofthe8corestandardson Jordan hasalsoratifiedalargenumberofILO include: rightsconventions.ratified majorhumanandlabor These nationality, has sexorrace. country The of regardless community thatupholdstherightsofindividuals Jordan considersitselfpartoftheinternational WOMEN MIGRANTSINJORDAN THE CONTEXT: THESITUATION OF discrimination andabusesarecurtailed. managing labormigrationandensuringthat describes workundertakenbytheMinistryofLaborin workwhile they inthecountry. following study The needed toensurethattheirvulnerabilityisnotexploited migrant womendomesticworkers,moreeffortsare migration management.Withtheincreasingsupplyof increases havecreatedachallengingsituationforlabor sending countrieshasbeenincreasing,aswell.These expanding inJordan. Simultaneously, thenumber of The demandformigrantdomesticworkershasbeen os om fchild labor. of worst forms Protection fromdiscrimination inemploymentand Equal remuneration. Right toorganize. Freedom labor. fromforced Women DiscriminationAgainst (CEDAW).of All Forms ConventionThe ontheEliminationof Political Rights. The InternationalCovenantonSocial,Culturaland UniversalThe DeclarationonHumanRights.

Jordan

The problems outside the workplace are related to: The problemsoutsidetheworkplacearerelatedto: major problemsare: inthecountry.management Insidethehousehold, the are outsidethehousehold,relatedtomigration working conditionsinsidethehouseholdsandothers thesepr problems. Someof Research revealsthatsomedomesticworkersface $250.00. domestic workersrangesbetweenUS$150.00and in domesticwork.Themonthlywagesofmost are estimatedtobearound50,000,and98percentengage workers. migrant Women workersof migrant inJordan 20 percentoftheJordanianlaborforceiscomprised semi-skilledandunskilledworkers. Approximately of country ofskilledworkersandalaborreceiving Jordan isasmallcountry. Itisbothalaborsending workers. countries isthatthelaborlawexcludesdomestic important factorthatJordanshareswithmanyother standards.on theseinternational Nevertheless, one Most nationallaws-especiallythelaborlawarebased iityo Labor, Jordan of Ministry Achievements andRemainingChallenges Women Migrant Workers inJordan: Protection of as policeorsecurityissues. A viewofproblemswithwomen migrantworkers enforcementmechanisms. Weakness of offices. recruitment labor of Irregularities Abuse -physicalorsexual. identitypapers. of Withholding Restrictions onfreedomofmovement. Long working hours. wages. paymentNon-payment of orpartial

oblems arerelated to

GOOD PRACTICES FROM JORDAN: THE Special Working Contract MINISTRY OF LABOR PROJECT ON EMPOWERING MIGRANT WOMEN One major achievement of this National Committee WORKERS was the development and endorsement of the ‘Special Working Contract for Non-Jordanian Domestic Before the Ministry of Labor embarked on this project, Workers.’ This contract is the first of its kind not only in the procedures for getting migrant domestic workers Jordan, but also in the region. It is expected that the were complex (and included, in addition to the document will become a model for other countries that recruiting agencies, the Ministry of Labor and the do not include domestic services in their national labor Ministry of Interior). As such, many employers refrained legislation. It augments the coordination between from completing these official procedures. As a sending countries and Jordan as a receiving country, and consequence, many women were working in irregular guarantees migrant women’s rights to life insurance, situations (especially in terms of overstaying their original medical care, rest days and repatriation upon expiration visas), and also government authorities were not able of the contract. The contract also reiterates migrant PAPER COUNTRY to compile accurate data on migrant women workers. women’s rights to be treated in compliance with international human rights standards. The contract is now During 2001, immediately after the first National considered as a requirement for obtaining residency, a Workshop on Protecting Migrant Workers, the work permit and a visa to enter Jordan. UNIFEM-Ministry of Labor project on empowering migrant domestic workers was launched. The objectives This contract became the basis for a bi-lateral agreement of the project were as follows: which was signed between Jordan and Indonesia. Discussions for similar bi-lateral agreements with Sri To establish dialogue between source and destination Lanka and the Philippines are underway. countries. 37 To improve recruitment procedures through policies Most importantly, this one contract is shared by the and legislation. worker, employer, recruitment agency and the officials To sensitize government recruitment agencies, of both sending and receiving countries. It exists in the employers and NGOs about migrant women’s rights. mother–tongue of all those concerned. As such, a To empower migrant women and improve their woman who leaves her home to work abroad knows access to social services and awareness of their human exactly where she will work, how much she will earn, rights. and what to expect in terms of her rights.

This project was initiated by establishing a Steering Regulating Work of Recruitment Agencies Committee that included all stakeholders. Among them were representatives from the Ministry of Labor; In parallel, two major efforts have been made to Ministry of Interior; Public Security Department, Family regulate the work of recruitment agencies. The first has Protection Unit; Jordanian National Commission for been the amendment of a new labor law to register Women; Jordanian Women’s Union; Sri Lankan, Filipino recruitment agencies. This law allows the Ministry of and Indonesian embassies; and the International Labor Labor to monitor the work of recruitment agencies Organization. The aim of the Committee was to and take serious measures if they violate the regulations establish collaboration through dialogue and to reach intended to protect migrant women workers and their bi-lateral agreements. employers, as well. Secondly, the Ministry of Labor has improved its coordination on recruitment procedures with the Ministry of Interior, which has also served to strengthen the enforcement mechanism on complaints against recruitment agencies. 38 Good Practices to Protect Women Migrant Workers

limited roleforcivil societyorganizations. Onerecent offeredby theembassies.services isa Atpresent,there date, thereislittlethatbeingofferedapartfromthe women.To tomigrant services welfare andsupport context oftheUNIFEMprojectisinareasocial One remainingchallengeforJordanandwithinthe WAY FORWARD REMAINING CHALLENGESANDTHE employers isinitsfinalstagesofpreparation. and agencies recruitment for containing information players.key Another booklet responsibilities of migration processthathighlightstherolesand of Laborhaspublishedamappingexercisethe awareness-raising.With UNIFEM’s theMinistry support, and theprojectisinformation Another achievement of Information andAwareness-raising Information

Jordan isasuccessfulone. that themigrationexperienceofallwomenworkersin important steps,however,morecanbedonetoensure safeguard women workers rights. Despitethese contract incollaborationwithsendingcountriesto only Arabcountrytodevelopastandardworking and thesituationtoday isvisiblybetter.To date, itisthe region inprotectingmigrantwomendomesticworkers, Jordan hasdonesomepioneeringworkintheArab CONCLUSION employers.for mechanisms, notonlyforrecruitmentagencies,butalso challenge isthefurtherstrengtheningofenforcement NGO remainsinitsbeginningstages. Anotherareaof women migrant workers.NGO tosupport Yet, this and positivedevelopmentistheofan

Malaysia

Good Practices to Protect Women Migrant Workers in Malaysia, Especially Migrant Domestic Workers Ministry of Human Resources Labor Department, Malaysia

This study considers the current situation of women ISSUES CONCERNING MIGRANT migrant workers in Malaysia. It is particularly concerned DOMESTIC WORKERS with identifying measures to protect these women, especially those engaged in domestic work. Inappropriate actions by employment agencies and PAPER COUNTRY employers, as well as by the migrant domestic workers CONTEXT: WOMEN MIGRANTS IN themselves, result in some of the following problems: MALAYSIA Employment Agency: Issues pertaining to the employment of women have been of significant concern in recent times. There have Manipulation by the agency such as providing fake been various complaints lodged by women workers medical documents. through the Labor Department, and several other Providing different terms of contract once the employment issues have been raised recently that indicate domestic servant enters Malaysia in terms of the 39 how important it is that each country closely monitor wages or nature of work. the female workforce so as to ensure its welfare. Failure to provide proper insurance documentation to the employer. The Ministry of Human Resources, Malaysia (MOHR) recognizes the significant contribution that women make Employer: to the country. The Department of Labor is responsible for the welfare of workers, including foreign workers, Failure by the employer to pay wages at the designated through the enforcement of laws pertaining to the time. employment of workers. Failure by the employer to provide proper accommodation. LEGISLATION Very long hours of work, e.g. from 5.00 am to 12.00 pm at night. The primary labor legislation in Peninsular Malaysia is Employment Act 1955. It contains provisions relating Unlawful deduction of wages. to the right and obligation of employers and employees, Sexual harassment by the employer. and sets forth minimum terms and conditions of Physical abuse by the employer. employment in the private sector. This act covers employees whose earnings do not exceed RM 1,500 a Migrant domestic worker: month and for manual employees, irrespective of their salary. Leaving place of employment. Unable to perform tasks due to lack of training. Similarly, Labor Ordinance (Sabah Chapter 67) and Criminal activity (kidnapping, stealing and murdering). (Sarawak Chapter 76) Amendment 2005 covers those Suicide. who work in Sabah and Sarawak, and whose earnings do not exceed RM 2,500 a month and for manual employees, irrespective of their salary. 40 Good Practices to Protect Women Migrant Workers

of agencylicenses,whichareasfollows: migrant domesticworkersandtheneedforissuance implemented soastomonitortherecruitmentof have been additionalterms Act1981.Certain Agency all theprovisionsasquotedinPrivateEmployment Employment Agenciesarealsoexpectedtoabideby provisions underEmploymentAct1955: migrant domesticworkerhastoabidebythefollowing domesticworkers.and migrant Anemployer hiringa 1955 thatwillassistinclosemonitoringofemployers has enforcedseveralprovisionsunderEmploymentAct domestic worker,theMinistryofHumanResources theemployer andthemigrant To ensurethewelfare of GOOD PRACTICES aeo employment andemergencies. conflicts case of employment agencyandtheLaborDepartmentin contact details Providing themigrantdomesticworkerwith domesticworker.the migrant employer’s convenience) tocheck onthewelfare of Paying visitstotheemployer’sresidence workers andemployers Forwarding ofthedetailsmigrantdomestic Labor. Generalof theDirector of unless agreedtobythemandsubjecttheconsent No deductionofthedomesticworker’swages consecutive month. Pay wages contents ofthiscontract. briefing ofthemigrantdomesticworkerabout andconditions,includes theemployment terms and Signing ofanemploymentcontract, from thedateofemployment. the respectiveemploymentagencywithin14days domestic worker Need to report theparticularsofmigrant

no laterthan7days oftheemployer,concerned whoiscurrentlyemployedwith

totheLaborDepartment. fromthe which (atthe

and domestic servants arerecommended: and domesticservants problems causedbyemploymentagencies,employers In conclusion,anumberofcorrectivemeasurestosolve RECOMMENDATIONS CONCLUSIONS AND uhrt ftherespective sourcecountry. authority of employment agencyregisteredwiththeauthorized the sourcecountryshouldgothroughprivate The recruitmentofmigrantdomesticworkersfrom thesource country. of withthegovernment registered potential candidatesfromtheemploymentagency worker directlyfromthesourcecountryshouldget Employers intendingtogetamigrantdomestic properly duringtheofficialperiodofemployment. herduties worker acurrent where doesnotperform migrant domesticworkerfortheemployerincases Assisting infindingasuitablereplacement worker. worker. proper accommodationto themigrantdomestic The employershouldberesponsible forproviding domesticworker. themigrant welfare of The employershouldbedirectlyresponsibleforthe elsewhere. employer’sonly atthedesignated premisesandnot domesticworker tasks migrant The shouldperform workers. approved bytherespectivegovernmentforforeign Workmen CompensationScheme, which hastobe Special insuranceneedstobeestablishedunderthe the destinationcountry, aswell asthejobdescription. programmes pertainingtosocio-culturalissuesof candidate hasundergonepre-departurecourses/ domestic workershouldascertainthatevery Eachemploymentagencythatbringsamigrant authenticated theemploymentcontract. authority oftherespectivesourcecountryhas Employers needtoensurethattheauthorized

Singapore

Good Practices to Protect Women Migrant Workers in Singapore Ministry of Manpower, Singapore

This study seeks to give an overview of the Ministry of This will also ensure that FDWs are better able to Manpower (MOM) foreign domestic workers (FDWs) understand their rights and protection provided under management policies. Singapore law.

COUNTRY PAPER PAPER COUNTRY

OVERVIEW OF WOMEN MIGRANT Education. WORKFORCE MOM has put in place training courses to educate both In Singapore, the total foreign workforce population is the employer and the FDWs. With effect from April approximately 620,000.1 Among the foreign female 2004, all first time employers have to attend a workers, there are about 150,000 foreign domestic compulsory Employers Orientation Programme workers (FDWs). Other female migrant labor works (EOP). This course aims to educate employers on their predominantly in the manufacturing and services sectors. obligations towards the FDWs and encourages good employment practices to promote harmonious 41 Singapore’s FDWs come from countries such as relationships and mutual respect between both parties. Bangladesh, India, Indonesia, Malaysia, Myanmar, the MOM also provides written materials to employers to Philippines, Sri Lanka and Thailand. By helping with highlight and underscore the lessons taught during the household chores and bearing part of the responsibility EOP. In addition, with effect from October 2004, for care of children, the elderly and the sick, they help employers who change FDWs five or more times in to contribute to Singapore’s economy and the well-being the same year would also have to attend the compulsory of families. EOP. Employers who continue to change FDWs frequently are interviewed by the Ministry, and will PROTECTION MEASURES subsequently be barred from replacing FDWs in future Singapore adopts a multi-faceted approach to safeguard if no satisfactory reasons are given. the well-being and to protect the interests of foreign workers. The various measures and initiatives that MOM MOM also distributes advisories for FDWs in native undertakes to protect the well-being of FDWs in languages that explain their rights and obligations while Singapore are highlighted as follows: working in Singapore. It provides useful telephone numbers that they can call in the event of an emergency. Raising Entry Requirements. Since April 2004, MOM requires all first-time FDWs to attend a compulsory safety-awareness course (SAC) The minimum age of new FDWs was increased from conducted in their own language. The course covers 18 to 23 years with effect from January 2005. FDWs topics such as the hazards of working in an urban high- must also have completed at least 8 years of formal rise environment and highlights the necessary safety education. An entry test in English was also introduced precautions to be taken. in April 2005 to validate the FDW’s linguistic, numerical and practical abilities. These measures are aimed at raising the overall quality and maturity of FDWs in Singapore, 1 Includes professionals, managerial, executives and specialist thus promoting more harmonious working relationships. manpower 42 Good Practices to Protect Women Migrant Workers

regulations withoutprejudice. governed andprotectedunderSingaporerules All foreignworkerswhochoosetoworkhereare of FDWsthattheyplace. ensure EAstakeownershipofthetrainingandquality employers. accreditation to scheme This alsoserves written employmentcontractsbetweenFDWsandtheir towards thewelfareofFDWs,andfacilitation employer educationinregardstotheirobligations for accreditationincludeproperorientationofFDWs, EAs compulsoryfromJune2004.Therequirements FDW-placing agencies, MOMmadeaccreditationof localemployment To of raisetheprofessionalism revocation ofthelicense. of S$20,000.Thisdepositwillbeforfeitedupon convictions. alsoimposesasecuritydeposit Singapore EA licenseapplicantsarescreenedforpreviouscourt prosecution fromApriltoNovember2005. the industry. EAshave Anotherthirteen faced 508FDW-placing EAsin atotalof nine licensesoutof revoked twoEAlicensesanddeclinedtorenewanother From January2004toNovember2005,MOMhad to S$2,000and/orimprisonedforup6months. the caseofsubsequentconvictions,couldbefinedup foreign workercouldbefineduptoS$1,000and,in any of orwork withholdingthepassport permit of complaints. For instance, anyonewhoisfoundguilty enforces againsterrantEAsandactsonpublic licenses. MOMalso to revocation of ornon-renewal of theEAAct,RulesorLicenseConditionscouldlead and/or imprisonedforupto2years. Contraventions the EAAct,errantEAscouldbefineduptoS$5,000 RulesEA Agency andLicenseConditions. Under The EAlegislativeframeworkencompassestheAct, EAs). of (for FDWs usingtheservices regulation ofEAs:legislation,licensingandaccreditation arethreeaspectstoMOM’sThere placement services. Employment agenciesproviderecruitmentand Legislation. Regulating EmploymentAgencies(EAs).

need for prosecution. need forprosecution. are settledamicablythrough conciliationwithoutthe Nonetheless, morethan90% ofemploymentdisputes employers. fault, MOMcouldprosecuteerrant be at satisfactory outcomeandtheemployersarefoundto In situationswhereconciliationdoesnotleadtoa FDW hotlinehavebeensetuptohelpFDWsinneed. Foreign Manpower Division Management andaspecial Additionally, aWell-Being undertheMOM Department employment disputesamicablythroughconciliation. MOM assistsemployersandemployeesinresolving from employing barred anotherFDW.permanently Employers whoareconvictedofabusealso household memberswere jailedforFDW abuses. From 2001to2004,26employers,spousesor 2005, therewereSeptember 32substantiated abuse cases. 157 casesin1997to592004.FromJanuary cases handledbythepolicehasaccordinglyfallenfrom criminal negligence.Thenumberofsubstantiatedabuse safety oftheirFDWscanalsobechargedincourtfor who donottakethenecessarymeasurestoensure by theiremployers orhouseholdmembers. Employers a-half timesthepenaltiesforactsofabuseagainstFDW changed itsPenalCodein1998toincreasebyone-and- Recognizing thevulnerabilityofFDWs,Singapore eventually jailed. undertheWPconditions.wages employers Three were prosecuted fiveerrantemployersforfailingtopay or jailsentence.From2004-05,MOMsuccessfully the courtstomakepayment,inadditionafineand/ default onsalarypaymentshavealsobeenorderedby within 7daysofthecalendarmonth.Employerswho specifically requireemployers topay salariesregularly, 2005to on1February revised conditions were further upto6months. work The permit of and ajailterm conditions canbepunishedwithafineofuptoS$5,000 months. Employers breach who thesework permit pay foramedicalcheckuptheFDWeverysix and adequatefoodrest,requireemployersto personal safety, payment proper housing,prompt salary their FDWs. conditionsincludeprovisions on These that bindallemployerstolookafterthewell-beingof (EFWA), (WP)conditions MOMimposeswork permit Foreign Workers Act Under theEmployment of Conciliation.

Partnerships. To ensure that employers repatriate their foreign workers at the end of their contract, MOM requires MOM also works closely with key partners to promote employers to furnish a security bond of S $5,000 for the social welfare of foreign workers. To reach-out to every foreign worker. Should the employer fail to the FDW community, MOM works closely with unions, repatriate the employee, the bond is confiscated and NGOs, the media and foreign embassies. These the Immigration and Checkpoints Authority will assist partnerships seek to recognize the contributions of the worker’s repatriation to her country of origin. FDWs and promote social welfare and learning through organized activities, events and competitions. For CONCLUSION instance, in collaboration with the Humanitarian Organization for Migration Economics (HOME) and In summary, Singapore has a set of legislative, a committee of volunteers from various agencies such administrative, and educational measures in place to as the National Safety Council, MOM facilitated the protect all foreign workers, including FDWs. We are also constantly reviewing our foreign worker formation of an FDW Association for Skills Training PAPER COUNTRY (FAST) in March 2005. The aim of FAST is to provide management framework to further enhance the development courses for FDWs to enhance their protection and well-being of all FDWs in Singapore. employability and to promote social integration and As a testament to Singapore’s proactive and community building amongst FDWs. comprehensive approach in safeguarding the well-being of FDWs, large numbers of FDWs continue to seek Administrative Measures. employment or extend their employment period in Singapore. In a survey conducted by the Straits Times MOM requires employers to take up a Personal Accident newspaper in December 2003, 80 percent of all FDWs Insurance policy for a minimum assured sum of S said that they were happy with their employment in $10,000. This covers medical and other costs should Singapore. This is further borne out by the fact that 1 in 43 any accidents befall the FDW. 3 FDWs choose to extend their 2-year contracts and continue to work under the same employer in Singapore. 44 Good Practices to Protect Women Migrant Workers migration, especiallyeconomicmigration. leads thecountrytobemoreopeninternational advancement fortradeandinvestmentliberalizationalso Thailand. Thegrowthoftheglobaleconomyand particularly fromneighboringcountries,toworkin while alsoreceivingmigrantsfromothercountries, country sendsThaiworkerstooverseasdestinations, workers. migrant The of receiving andsendingcountry In thepastfewyears,Thailandhasbeenactingbothas created duetothisphenomenon. of thechallengesandopportunitiesthathavebeen approaches. Yet, theRoyal Government isaware Thai complexity demandsamoreintegratedmanagement the growthofThailand,itsrisingscale,scopeand internally andinternationally–hasbeenimportantto the globaleconomy. -both increasing migration While International migrationisacommonphenomenonfor (million persons) (million workers No of 25.00 30.00 35.00 40.00 10.00 15.00 20.00 0.00 5.00

iue1 hiadsLbrMre lsiidb yeo Worker Thailand’sLabor Figure 1: MarketType Classified by of

Thai Workers Source: DepartmentofEmployment,MinistryLabor, 2005 35.50

Foreign Unskilled Workers 0.71

Thailand

Human Security, Royal ThaiGovernment & SocialDevelopment of LaborandMinistry of Ministry Workers Migrant Thailand in Caseof The aktcasfe ytp fworker. bymarket classified typeof Thailand’s labor Figure 1showsthecompositionof countries oforigin,aswell. the well-beingofmigrantsthemselvesandtotheir thecountry, butalsoto tothegrowth of contributes the increaseinnumberofmigrantworkersnotonly theircountries. Inaddition, drive outof that migrants of themigrantsalsocontributestopushfactors workers. Besides, thepoverty thatprevails inthecountries of thepullfactorsformovementmigrant demeaning) andahigherstandardoflivingaresome work,longer such as“3-D”jobs(dirty, and dangerous demand forlaborinthesectorsthatThaiworkersno greater opportunitiesforgettingemployment,the especially fromneighboringcountries. Easyaccess, migrants fromothercountriestoworkinThailand, The growthoftheeconomyisamajorfactorthatattracts Semi-skilled Workers Semi-skilled 0.12

Thai Unemployed Unemployed Thai 0.73 Workers

In recent years, Thailand has had approximately 150,000 568,249 undocumented migrant workers, and these Thai workers seek overseas employment as contract numbers increased to 705,293 in 2005. Most of the workers, with an annual remittance of about US $1.5 undocumented migrant workers labor in the agricultural billion. The primary destination country is Taiwan. and household sectors. Among overseas Thai workers, 4 out of 5 workers are male. ECONOMIC MIGRANT WORKERS IN THAILAND Similarly, with reference to Ministry of Labor statistics, there are 122,849 migrant workers who work in As of September 2005, there were 122,849 migrant Thailand with temporary working permits. Apart from workers employed under working permits in Thailand. this official record, we also have undocumented migrant The details are shown in Table 1 below. workers who work in Thailand. In 2001, there were

Table 1: Migrant Workers Employed under Working Permits in Thailand PAPER COUNTRY

Type of Occupation Total Male Female 1. Law maker/Senior Official/ Manager 56,505 50,849 5,657 2. Basic skill worker 21,386 13,108 8,278 3. Professionals 18,680 12,911 5,769 4. Clerk/Technician/Salesman 17,606 12,517 5,089 5. Farmer/Fisherman 4,738 2,894 1,844 6. Trainer 203 118 85 7. Other 3,730 3,451 279 Total 122,849 95,848 27,001 45 Source: Department of Employment, Ministry of Labor, 2005

As for undocumented migrant workers, with reference to the latest figures from migrants’ renewal of registration this year (2005), the total number was 1,284,920 persons, of which 705,293 applied for temporary working permits. Table 2, thus, shows the number of undocumented migrant workers who work temporarily in Thailand as of August 2005.

Table 2: Undocumented Migrant Workers Employed Temporarily

Type of Activities Total Male Female 1. Agriculture and Husbandry 138,419 88,814 49,605 2. Household service 104,306 19,891 84,415 3. Fishery related production 68,333 29,092 39,241 4. Fishery 36,141 33,086 3,060 5. Construction 12,093 65,591 33,831 6. Others 258,672 139,255 119,417 Total 705,293 375,729 329,564

Source: Department of Employment, Ministry of Labor, 2005 46 Good Practices to Protect Women Migrant Workers by countryoforigin,67,759personsarefromMyanmar, from thetotalnumberof104,306personsclassified sector. AsforHouseholdServices, Household Service the AgriculturalandHusbandrysector,followedby undocumented migrantworkershavebeenworkingin From theabovetable,itisevidentthatmostof example. investment inordertoacquireforeignworkers,for need andtheemployersmusthaveaminimumcapital possess thenecessaryqualificationsthatThaiemployers must towork They a working inThailand. permit migrant workershavetocomplywithinorderreceive (1978). TheActstipulatesallnecessaryconditionsthat AlienWorker B.E.the ActonEmployment of 2521 documented migrantworkershasbeengovernedby workers.undocumented migrant of management The Administration isresponsibleforthemanagementof Workers Migrant Illegal workers, of whiletheOffice Administration tomanagealldocumentedmigrant theAlienWorker LaborhasassignedtheOffice of of In ordertomanageinternationalmigration,theMinistry to registeredmigrantswhoapplyforit. country. isalsogranted working permit Atemporary register undocumentedmigrantswhoillegallyenterthe Government launchedanewprogrammein2004to the influxofmigrantsfromneighboringcountries, thepolicy,However, coupledwith duetothefailureof the undocumentedmigrantshasbeeninplacesince1996. As aresult,policyonmanagementandregulationof undocumented migrantworkersneedstoberesolved. The ThaiGovernmentrealizesthattheissueof PRACTICES ONMIGRANTWORKERS GOVERNMENT POLICIESAND ore eateto Epomn,Mnsr fLabor, 2005 of Employment, Ministry of Source:Department Total Cambodia Lao PDR Myanmar Myanmar Origin of Country Table 3:Foreign Workers Employed inDomestic Workers

19,891 9,242 2,537 6,705 5,013 22,292 67,759 55,418 12,341 Male

include: Royal Police. Thai GuidelinesfromtheCabinetresolution Ministry ofPublicHealth,Defenseandthe Interior, agencies, namely,the concerned of the Ministry coordinating agencytoensurethecollaborationofall migration. TheMinistryofLaboractsasthe undocumented migrants,andnotonlyforeconomic is governedbyCabinetresolutionsthatregulateall The managementofundocumentedmigrantworkers isasfollows: employed indomesticservices The numericalbreakdownforforeignworkers workers arewomen. whowork indomesticservices it isfoundthatmorethan80percentofthemigrant Cambodia. Whenclassifiedbysexandcountryoforigin, 27,305 personsfromLaoPDRand9,242

migrants whohavebeenrepatriated. There shouldbemeasurestopreventthereturnof workers. Thai of and qualification,mustnotdefertheemployment Wages mustbebasedthemigrant’s formigrants skills of migrantstoThailand. development isimportantinreducingthemovement aneighboringcountry’s economic promotionof The to cover theirfamilies. The recruitmentofmigrantworkersisnotextended economicsectors. the needof The numberofneededmigrantsmustbebasedon workers. migrants of supply workers, itmustbebasedontherealdemandand In solvingthecaseofundocumentedmigrant

84,415 Female

27,305 27,305

104,306 Total

Under these guidelines, the Ministry of Labor has set migrant workers with an understanding of their rights up a measure to manage those undocumented migrants and obligations under the law. with two steps of implementation. The first step is the registration of all undocumented migrants in order to: Using various media to provide information to employers and migrant workers about legal issues ascertain the current number of migrants and their and places for assistance when their rights have been families and the demand for migrant workers; violated. provide migrants with medical check-ups and insurance; Organizing special labor inspections at businesses allocate quotas to employers; and to protect migrant workers in Bangkok and nearby issue temporary working permits. provinces.

The second step is the regulation of procedures that Providing legal services and receiving aim to nationalize and legalize registered migrant workers complaints through the 24-hour telephone hotline PAPER COUNTRY in order for them to obtain official working permits. no. 1506. As part of this regularization, Memorandums of Understanding have already been signed and are currently Providing assistance and welfare to migrant being implemented with Myanmar, Lao PRD and workers who have been deceived with cooperation Cambodia. from the Ministry of Social Development and Human Security. PROTECTION OF MIGRANT WORKERS IN THE WORKPLACE Even though Thailand does not have a separate protection measure for men and women workers, the In Thailand, the Act on Labor Protection B.E. 2541 Government recognizes that in the household sector 47 (1998) has laid down principles for labor standards in most of the workers are women, especially women the workplace, which cover both Thai and migrant migrant workers, who may need protection of a workers. Both receive full and equal protection under different kind from workers operating in other sectors. this Act. The Department of Labor Protection and In this regard, the Department of Labor Protection Welfare, Ministry of Labor is the agency that is and Welfare has issued the Ministry Announcement to responsible for verifying compliance with the law. The Protect Women Migrant Workers that stipulates condition of employment under this Act is in line with additional protections as follows: International Labor Organization (ILO) standards, and covers wages, working hours, working conditions and Prohibiting sexual harassment of women migrant welfare. However, the Government is also aware of workers by employers. the increasing number of migrants. As a result, special programmes to protect migrant workers have been Entitling women migrant workers who work for provided. These include: a period of one year to 6 days annual holiday; if the working period is more than one year, both sides Providing interpreters in the areas or provinces that can agree to have an annual holiday accumulation of hire a lot of migrant workers. more than 6 days, and if the working period is less than a year, both sides can agree to have the annual Coordinating with embassies in order to help holiday calculated proportionally. migrant workers file cases against abusive employers. Paying of wages in Thai currency at the Producing and distributing a pamphlet for workplace; the payment must be paid at least once a migrant workers about their basic rights under the month on the exact date. Labor Protection Act B.E. 2541 (1998) in languages such as Lao, Burmese and Khmer in order to provide 48 Good Practices to Protect Women Migrant Workers were latersentbackhome. andvocationalpsychological training. treatment They girls wereprovidedwithmedicalaid,including beaten. Aftertheywererescuedfromthehouse, only onemealperday, were notpaid, andwere brutally sometimes until2or4a.m.inthemorning,weregiven girls wereforcedtoworkfrom6a.m.midnightor working conditionsinthehousewere poor. very The 15-year-old girlstoworkasmaidsatthehouse.The the case,andfoundaLaotianbrokerhaddeceivedtwo Social DevelopmentandHumanSecurityinvestigated locked upatahouseinBangkok.TheMinistryof there were authoritiesthat two Laotians informing Security receivedacasefromtheLaotianGovernment The MinistryofSocialDevelopmentandHuman Case Two: AHouseholdService At themoment,caseisinLaborCourt. during holidaysandpayinglessthantheminimumwage. working onholidays,notpayingforovertime old), notpayingforovertimework, recruitment ofchildlabor(agebetween15-18years the officials about than 15yearsold),notinforming currently faceschargesonhiringunderageworkers(less welfare centerforrehabilitation,whiletheemployer migrant workersweresubsequentlysenttoasocial workers. migrant The of onrecruitment regulation authorities foundthatthefactorywasviolating humantrafficking. Aftertheinvestigation, of suggestive undocumented migrantworkersandengaginginactions based oncomplaintsreceivedthatthefactorywashiring Security joinedpolicetoinvestigateaclothingfactory Labor andMinistryofSocialDevelopmentHuman On September2004,OfficialsfromtheMinistryof AClothingFactory Case One: have addressed theissues. are threeexamplesofhowgovernmentalauthorities problems ontheimplementationside.Thefollowing particularly womenmigrantworkers-therearestill measures orpracticestoprotectmigrantworkers- Even thoughtheThaiGovernmenthasinitiatedvarious CASE STUDIES:POLICYENFORCEMENT

to whichtheMinistryofLaborhasgivenhighpriority: As forwomenmigrantworkers,therearethreeissues themigrants, statelessness andtrafficking. of crime, drugs, communitysafety, child labor, children nationalsecurity,environmental conservation, organized attention; forinstance,issuessuchasmigranthealth, migration, therearestillsomeissuesthatneedmore However, whenwelookatthesocialaspectof industrialsectors. the Thai higher competitiveness of being ofbothThaiandmigrantworkerstothe thecountry, tothewell- tothegrowth of contribute workers, bothdocumentedandundocumented, issues. socialandlegal Migrant particularly addressed, workers, therearestillsomeissuesthatneedtobe though theGovernmenttriestoprotectmigrant From theabovethreecases,itcanbeseenthateven PRESENT CHALLENGES from thehouse). Development (whereshestayedafterbeingrescued at theBannKrettrakarn which was thenhandedoverDepartment, toWandai requested topaytheoutstandingbalance shedidnotpay Wandai,that andshewas subsequently baht overdue.SumaleeadmittedtotheLaborInspector received apaymentof12,000baht,makingfor61,850 Her salarywas1,500bahtpermonth,butsheonly Naratip’s housefromMarch 2001until7April2005. was 17yearsoldand worked Ms. asmaid at Sumalee Ms. WandaiWongviharn, worker. amigrant Ms. Wandai Children Development Foundation thecaseof about WelfareProtection and received acomplaintfromthe The LaborInspectorfromtheDepartmentof A HouseholdService Case Three: addresses. returned home,duetoincorrect recordsoftheir Labor andthewomenmigrants whohavealready Coordination problemsbetween theMinistryof their rightsandobligations. Employers andmigrantworkerswhodon’tknow languages. Communication problems,duetodifferent Welfare andOccupational

CONCLUSIONS AND may be abducted or trafficked across borders. The RECOMMENDATIONS Government has made the solving of this problem a top priority. Accordingly, a cooperative plan among In conclusion, economic migration is now part of the concerned agencies, such as the Ministry of Social Thai development picture. Migrant workers contribute Development and Human Security, Ministry of Labor, to the growth of the economy just as Thai workers. It Immigration Office, Ministry of Interior, and Royal Thai is also the Government’s responsibility to take care and Police, is underway to combat this problem. protect all workers in the country. As mentioned in the country’s Labor Protection Act, migrant workers receive Thai authorities have implemented various measures to the same protection as Thai workers. However, it is a solve or mitigate a number of migration issues. These common phenomenon that some migrant workers may include Thailand’s signing of MOUs with neighboring face difficulty while working in Thailand. The Ministry countries and its membership in various international of Labor, in collaboration with the Ministry of Social agreements that are intended to protect migrant workers. Development and Human Security, has implemented However, since there are many countries – destination,

COUNTRY PAPER PAPER COUNTRY various measures in order to help and protect migrant origin and transition - involved in the migration issue, workers. The initiatives have been implemented at greater international collaboration and dialogue at both various stages of a migrant’s work experience. regional and sub-regional levels should be initiated and strengthened. Apart from strengthening collaboration, Nevertheless, some migrant workers may be deceived a comprehensive approach in managing international by brokers from their home country or from Thailand migration should be introduced with the involvement to work in Thailand, particularly in illegal sectors, or of all stakeholders as a necessary condition for success.

49 50 Good Practices to Protect Women Migrant Workers Summary of Discussions

The presentation of the Technical Paper and six related LESSONS LEARNED Country Papers during Day 1 of the meeting evoked extensive discussions among the participants. At the end Based on Country Paper presentations, meeting of each presentation, participants put forward participants undertook further discussions about lessons comments or questions that were answered by the learnt from their experiences, which resulted in the

presenter. There were also three Open Forums during following observations: SUMMARY OF DISCUSSIONS Day 1, while Day 2 was mainly spent on discussions related to drafting the Meeting Statement. In Bahrain, after approximately two years of employment or when good and trustworthy relations Interesting ideas and challenges were brought up after develop between the employer and migrant worker, the presentation of the Technical Paper regarding the workers are treated like members of the family. role “countries of origin” play in a successful migration Workers eat the same meals as the employers, live in 51 process, and also dealing with concerns facing women the same house, are paid their salaries regularly without migrant workers. Some of the issues raised were: restrictions, are allowed to send money home and can practice their religion. In most cases, the migrant Many of the problems faced by migrant women workers prefer to extend their employment contract workers cannot be solved by the countries of and some workers even work for more than 25 years employment alone. The countries of origin often with the same employer. have a role to play in these problems. In many cases in Bahrain, migrant workers who are Sending workers abroad to work has become a qualified as tailors, secretaries and the like end up in business venture in most countries of origin. The domestic employment. The authorities in Bahrain are Overseas Employment Providers (OEP) often over trying to formulate ways to assist such workers find charge the migrants when sending them abroad to appropriate employment. work. In such situations, the country of employment has very little control. Singapore has recognized that sometimes workers with certain skills are underpaid. Thus, Singapore Women migrant workers often face a number of would like to initiate a skills certification so that problems at their place of work because they are workers with certain skills can be paid appropriately. not adequately protected by laws and because domestic work is not recognised by labor laws in Very often in Jordan, migrant workers are only paid most countries of employment. at the end of their 2-year contract. Efforts are now being made to ensure regular payments by employers. One problem for countries of origin is that there is Also, efforts are being made to make provisions for no government agency that has control over what a provident fund for these workers. happens between a migrant domestic worker and her employer abroad. 52 Good Practices to Protect Women Migrant Workers

employment coulddrawon thetechnicalexpertise workers andremittances. Hence, countriesof Prospects.” themethisyearhasbeenonmigrant The released anannualreport on “GlobalEconomic Bank hasbecomeanallyinthisissue,andrecently implications. theirlegal WorldThe -especially tricky The issueofremittancesis,however,importantand saving. of among migrantworkersandtodevelopthehabit migrant workers,whichisanefforttoraiseawareness fact, beenworkingonsavingsmobilisationfor totheirhome countries.money UNIFEMhas, in workers arepaidregularlyandthattheycanremit Jordan’s StandardWorking ensuresthat Contract practices.good they havedevelopedacodeofethicsfromtheirown November 2005withsomeoftheseagencies,and regional consultationwasheldinBangkok UNIFEM hasalsobeenworking withOEPs. A languages ofcountriesorigin. workers, aswelltranslatingitintothevarious forOEPs, employersinformation andmigrant is engagedincreatingabookletthatdetailsimportant Also, correspondence. official UNIFEMinJordan word ‘worker’ in ratherthantheword‘servant’ has alsobeenworkingwiththeMinistrytouse OEPsforviolations. UNIFEM down anumber of are nowlicensed.TheMinistryofLaborhasclosed overseas employmentproviders(OEPs)inJordan established NGOsoncapacity-building. Besides, UNIFEM inJordanhasbeenworkingwithnewly addressed andhandled. change inthewaymigrantworkerissuesare ministries haveworkedtogethertomakeasignificant where partnersfromembassiesandgovernment improve theMDWsituation,asdonebyJordan effectively. asacatalystto Doingsomay alsoserve migrant domesticworker(MDW)problemsmore country ofemployment,authoritiescanhandle By involvingmorepartnersandperspectivesinthe domesticwork underitslabor laws. of recognition status, which haslegal even withouttheformal Jordan aStandardWorking hasformulated Contract

workers. workers. implications asregardssaferemittancesformigrant theWorld Bankinunderstandingthelegal of ebr fsenthomedirectly. if members and thatitisnotjustsquanderedormisusedbyfamily (MDWs) thattheirmoneyisbeingusedjudiciously of billsintheircountriesoriginordertoensure Singapore alsoassistswithasystemofdirectpayment forjobs. socialvisitsfromapplying for in ordertodiscouragepeoplewhoenterSingapore exit thecountryandre-applyforavisa.Thisisdone theworker work would permit, separate needto category ofwork.However,ifthejobrequiresa employer. Workers toanother, canalsotransfer higher another employerincaseofabusewithanexisting Singapore hasprovisionstoplaceaworkerwith Field Visit

Kredtrakarn Protection and Occupational Development Center, Thailand

Thailand’s Ministry of Labor organized a field trip for Apart from providing the girls with accommodation, meeting participants on 2 December 2005 to food and medical care, the Center provides a host of

Kredtrakarn Protection and Occupational Development other services for children and women, such as: FIELD VISIT Center, commonly known as Baan Kredtakarn. The Center provides protection and assistance to women Counseling services: individual and group and children who are victims of trafficking and who counseling. suffer from various types of social problems such as Psycho-social programme: aims to improve the behavioral problems and domestic violence. Baan victim’s mental well-being and personality and to raise Kredtakarn currently falls under the supervision of the their self-confidence and self-esteem. Bureau of Anti-Trafficking in Women and Children, Education: non-formal education, using curricula Department of Social Development and Welfare, prescribed by the Ministry of Education. Ministry of Social Development and Human Security. Recreational services and social activities. The participants received a warm welcome from Baan Life Skills education: including skills such as financial Kredtakarn administrators, followed by a video management, decision-making, negotiation, problem- presentation about the Center’s background and 53 solving and crisis resolution. activities currently offered there. Vocational training: such as dress-making, weaving, arts and craft, cooking, traditional Thai massage, etc. Baan Kredtrakarn can accommodate up to 550 girls and women enrolled for recovery services. Most women Reintegration assistance: to help the women and children arrive after being rescued from violent or reunite and reintegrate with their families and with exploitative situations following police raids of illegal society. establishments. Others walk into the Centre looking for help, mostly to escape difficult living conditions. The Participants were invited to visit the girls while they Centre provides support to three main target groups: participated in a non-formal education session, and they were impressed by the facilities available at the Center and the dedication of the instructors. There were some Girls under 18 years who are engaged in prostitution, discussions about the non-traditional and market- and women over 18 years of age who wish to receive oriented training. Likewise, the interagency coordination protection and vocational training assistance from which supported the Center’s operations was also the Government in accordance with the Prevention noteworthy. and Suppression of Prostitution Act of 1999. Creating space for the girls and children of neighboring Women who suffer from social problems. countries is a very positive initiative to protect them, and this exposure provided the participants of the Women and girls, both Thai and non-Thai, who are Regional Consultation with a practical insight into the victims of trafficking. good practices of the Royal Thai Government. Participant feedback indicated that the field visit was appreciated and considered a valuable learning experience. 54 Good Practices to Protect Women Migrant Workers Appendices

APPENDICES

Appendix 1: Press Release

Appendix 2: Meeting Programme

Appendix 3: List of Participants

Appendix 4: Abbreviations

55 56 Good Practices to Protect Women Migrant Workers itself intheAsiasocio-economic andpoliticalsystem. feminization ofmigrationis a featurethatisembedding region, womenexceedthe numberofmen.The proportions elsewhere.Infact, insomecountriesthe workforce inAsia,LatinAmericaandgrowing theoverseas for work. Women constituteabout50%of a conspicuousincreaseinwomenmigratingoverseas practices toprotectwomen workers. migrant is There are meetinginBangkokandSouth-EastAsiatoshare and ArabStatesemployingwomenmigrantworkers It isperhapsthefirsttimeeverthatSouth-EastAsian employment. adoption ofthesepracticesbycountries Malaysia, SingaporeandThailandtoencouragethe among thegovernmentsofBrunei,Bahrain,Jordan, forsharinginformation meeting istoprovide aforum practices onprotectingwomen workers. migrant This from countriesofemploymentwhowillsharegood hosting ameetingofhigh-levelgovernmentofficials Development FundforWomen (UNIFEM)arejointly the RoyalThaiGovernmentandUnitedNations United Nations,Bangkok WorkersMigrant Women toProtect Employment onGoodPractices Countriesof High-Level Meetingof Government Labor, ThailandandUNIFEMHost of Ministry For release on1December2005 PRESS RELEASE

–TheMinistryofLabor

Bangkok 10200,Thailand Ave. Nok BuildingRajdamnern Office5 East &South-EastAsiaRegional

Press Release Appendix 1: th Floor,UN domestic services. domestic services. otherwise havetoinvestin forchildcareandother income. Theyalsosubsidize whattheStatewould women’s paidpublicemployment andincreasefamily domestic workerstheyfacilitateeducatedmiddleclass They pluglabourshortagesincertainsectorsandas andservices. goods employment asconsumers of of They furthercontributetotheeconomyofcountries and helpgenerateprofitsincountriesofemployment. workers contributebywayoftheirskillandlabour peace,Women stabilityandeconomicgrowth. migrant issue. humandevelopment, Itpromotes humansecurity, Protecting womenmigrantworkersisadevelopment women workers. migrant of and implementpoliciestospecificallyaddresstheissues yet anotherreasonfordestinationcountriestodevelop be involuntaryvictimsoftraffickingactivitieswhichis Womencounterparts. workers migrant cansometimes Women have experiences thantheirmale different and consumerdemandcommunitydevelopment. toGDP,significantly healthandwelfare, family education Remittances tocountriesoforigincontribute humanrightsviolations. they gross where suffer hierarchy indomesticworkandtheentertainmentsector women migrantworkersisatthelowerendofjob sectors. Buttheheaviestand service concentrationof manufacturing andinformal unskilled jobsintheformal Women intowoman-specific skilledand arerecruited www.unifem-eseasia.org [email protected] Fax:(66-2) 280-6030 Tel: (66-2)288-2093 Abuse of migrants, including women, is a drain on from, in line with global human rights frameworks like economic and financial resources. It involves direct costs CEDAW that have been ratified through a process of such as spending on medical care, as well as other consensus that governments own. expenses to facilitate recovery from abuse, loss of productivity, absenteeism, loss of wages, and a reduction Some of these practices include on-site services for in GDP. It involves indirect costs to families of women women migrant workers; awareness-raising for migrants in the form of emotional stress and the like. employers on worker protection; registration of This makes protecting these women an issue of equality undocumented migrant workers; and in Thailand and efficiency. MOUs have clauses to protect migrant workers. There are other examples of countries amending the labor Protecting women migrant workers is a human security law to include domestic work as work, domestic

issue. If women suffer routine abuse, the human security workers as workers and legal protections for domestic APPENDIX of half the world’s population is threatened. It is a poor workers. This is a precedent setting initiative in the Arab reflection on our capacity to provide safe environments. region and we hope countries in South-East Asia set Moreover, gender-based discrimination and violence, similar precedents and pioneer the introduction of legal including sexual violence, is a major cause of HIV/ protections for domestic workers for the South-East AIDS transmission to women, including women Asian region. migrant workers, creating another type of human security crisis.

Protecting women migrants is an indication of good UNIFEM is the women’s fund at the United Nations, governance which is expressly tied to creating and providing financial support and technical assistance to ensuring peace, stability and human security. innovative programmes promoting women’s human rights, their economic and political empowerment, and 57 It is gratifying that there is a pool of good policies and gender equality in over 100 countries. For more practices that protect women migrant workers to draw information, visit www.unifem.org. 58 Good Practices to Protect Women Migrant Workers 90 03 Welcome Reception Discussion of Summary Coffee Break 19:00 -20:30 15:30 -16:00 Presentations: Country 15:15 -15:30 14:45 -15:15 13:45 -14:45 12:30 -13:45 12:00 -12:30 10:45 - 12:00 Country Presentations: Country 10:45 -12:00 84 03 Wo Briefing on Workshop Guidelines 08:45 -10:30 08:30 -08:45 00 04 PresentationofConceptPaper: GroupPhotoandCoffeeBreak 10:00 - 10:45 09:30 - 10:00 Welcome and Opening: Registration 09:00 -09:30 08:30 -09:00 18:00 18:00 14:00 - 17:30 Field Trip Field Press Conference 14:00 -17:30 13:00 -14:00 Meeting Statement Adoption of Discussion and 12:15 -13:00 12:00 -12:15 12:00 - 10:30 Royal ThaiGovernment Hosted bytheMinistryofLabor, Open Forum Lunch Open Forum Discussion andOpenForum Registration Lunch Closing rkshop: Objectives: by: Mr. Philip S. Roberston,Consultant,UNIFEM by: Mr.PhilipS. Foreign Employment” DomesticWorkers inCountriesof “Strengthening theLinks:GoodPracticesfor WEDNESDAY, 30NOVEMBER 2005 Kredtrakarn Protection and Occupational Development Center,Thailand and OccupationalDevelopment Protection Kredtrakarn South-East Asia THURSDAY, 01DECEMBER2005 Ministry ofLabor,RoyalThaiGovernment United NationsDevelopment FundforWomen (UNIFEM),Eastand (Duangkamol Room,SiamCityHotel,Bangkok) (Duangkamol Room,SiamCityHotel,Bangkok) FRIDAY, 02DECEMBER2005 countries ofemployment concerns at the national and regional levels concerns atthenationalandregionallevels Identify 3 policy/programme interventions to address these toaddress interventions Identify 3policy/programme Identify 3priorityconcernsofwomenmigrantworkersin Meeting Programme Appendix 2: (Bahrain, Brunei Darussalam andJordan) Darussalam (Bahrain, Brunei (Malaysia, SingaporeandThailand) (Kamolthip RoomIII,SiamCityHotel,Bangkok)

(Working Break) Coffee

Protecting

Appendix 3: List of Participants

BAHRAIN MALAYSIA APPENDIX

Mr. Essa Amrallah Mr. Abd. Rahman bin Yusof Director of Labor Director of Labor Ministry of Labor Ministry of Human Resources Labor DepartmentPeninsular Malaysia Ms. Shaikha Hanan bin Hassan Al-Khalifa Tel: 007-603-8886-5000 Head of Labor Research and Studies Ministry of Labor Mrs. Nor Hasnah Badroddin Principal Assistant Director International Division Mr. Radhi al-Amak Ministry of Women, Senior Specialist in Charge of Int’l Affairs Family and Community Development Ministry of Labor Tel: 007-603-2693-0095 59

Ministry of Labor SINGAPORE Tel:00973-1-768-7800 or 00973-1-787-3777 Mr. Yap Yew Choh Kenneth BRUNEI DARUSSALAM Deputy Director Foreign Manpower Management Division Mr. Omar Abdul Rahman Commissioner of Labor Ms. Kwek Poh Heok Department of Labor Assistant Manager Tel: 001-673-2-382-258 Foreign Manpower Management Division

Mr. Pengiran Mohd. Tahir Yussof Foreign Manpower Management Division Senior Administrative Officer Tel: 65-64-385-122 Ministry of Home Affairs Tel: 001-673-2-222-325 THAILAND

JORDAN Mrs. Aratchaporn Dhebhavalya Chief of Work Permit Consideration Group for Dr. Mary Kawar Investment Promotion Advisor to H.E Minister Department of Employment Ministry of Labor Ministry of Labor Tel: 00962– 6-580-2666 60 Good Practices to Protect Women Migrant Workers Tel: 66-2-206-8500 (IOM) OrganizationMigration for International Regional Office,Bangkok International OrganizationforMigration(IOM) Program Assistant Thitayanun Pimpaporn Ms. Regional Office,Bangkok International OrganizationforMigration(IOM) Project Officer Ms. AikoKikawa ORGANIZATIONS DONORS ANDINTERNATIONAL Tel: 66-2-3068763/64/65/66/80 Women’sOffice of andFamily Affairs Development Women’s of RightsandAdvocacy Chief Mrs. MassureeSipromma Tel: 66-2-2482027 Labor, Thailand of Ministry Ministry ofLabor LaborProtectionandWelfare of Department Promotion andDevelopment Director ofLaborProtectionNetwork Mrs. SuneeratPhrom-mart Ministry ofLabor Secretary thePermanent of Office Senior LaborOfficer Mrs. ThitiboonDesaputra Ministry ofLabor International CoordinationBureau Nakchen Mr. Kamjorn Ministry ofLabor LaborProtectionandWelfare of Department Director ofLaborProtection Charupa Mr. Sathaporn Ministry ofLabor Secretary thePermanent of Office Director ofInternationalAffairsDivision Tritanyapong Nutcha Ms.

Tel: 05-060-8406 Consultant Mr.Robertson PhilipS. Tel: 962-6-55200060 Women Workers Migrant in Asia Regional ProgrammeonEmpowering UNIFEM- ArabStatesOffice(Jordan) Project Coordinator ShathaAminMahmoud Ms. Telefax: 856-21263783 Women Workers Migrant inAsia Regional ProgrammeonEmpowering UNIFEM –LaosProjectOffice National Coordinator Ms. PhanthakoneChampasit Tel: 977-1-4255110 Women Workers Migrant inAsia Regional ProgrammeonEmpowering UNIFEM –SouthAsiaOffice(Nepal) Project Coordinator Joshi Sharu Shrestha Ms. Tel: 62-21-3902621/22 Women Workers Migrant inAsia Regional ProgrammeonEmpowering UNIFEM –JakartaProjectOffice National Coordinator Ms. RianaPuspasari Tel: 66-2-288-2225 UNIFEM EastandSouth-EastAsiaRegionalOffice Regional ProgrammeDirector Dr. Jean D’Cunha UNIFEM Tel: 66-2-262-0091to95 Regional Programme RockefellerThe Foundation South-EastAsia Director Dr. Rosalia Sciortino

Appendix 4: Abbreviations

AMCB Asian Migrant Coordinating Body APPENDIX APMM Asia Pacific Mission for Migrants CEDAW Convention on the Elimination of All Forms of Discrimination Against Women EAs Employment Agencies EFWA Employment of Foreign Workers Act EOP Employers Orientation Programme FAST Foreign Domestic Worker Association for Skills Training FDW Foreign Domestic Workers FMDW Female Migrant Domestic Worker GCIM Global Commission on International Migration GDP Gross Domestic Product GEP Global Economic Prospects HOME Humanitarian Organization for Migration Economics 61 ILO International Labor Organization MDWs Migrant Domestic Workers MOHR Ministry of Human Resources MOM Ministry of Manpower MOU Memorandum of Understanding NGO Non-governmental Organization OEP Overseas Employment Providers UAE United Arab Emirates UN United Nations UNIFEM United Nations Development Fund for Women