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RESEARCH SERIES risks and . and risks cals, lifting weights, heavy specific psychosocial working long hours, limited rest, exposure to chemi pational Safety and Health (OSH) risks including can particularlyers be vulnerable to certain Occu Indeed, the ILO recognizes that domestic work option but the only one available for them. tunities. Domestic work is not necessarily their first tries are migrating in search of employment oppor more women -and afew men women into the labor force of destination countries, to population aging and the progressive entry of ease. face high risks of work-related accidents and dis demanding (so called “3D jobs”) and consequently jobs, many have jobs that are dirty, dangerous and While aminority of migrant workers hold high-skilled work-related diseases, aswell asdeath at work. tus, are at greater risk for occupational injuries and migrants and particularly those in an irregular sta workers in high-risk sectors such asdomestic work, Due to the high employment rates of foreign-born to workers andnesses their families is incalculable. The suffering caused by such accidents and ill year fromevery work-related accidents and diseases. reality different. is very million Some two people die their employment. Yet for millions of workers the tected from sickness, disease and injury arising from forth thesets principle that workers should pro be The International Labour Organization Constitution Summary barriers. lack of legal protection, linguistic, social and cultural adomesticcase worker is also amigrant, due to 1 As the As demand for domestic work grows due Based onareportelaboratedbyElisaMenegatti Health and Safety Occupational Promoting Workers: Domestic Migrant 2 These risks These may higher be in - from coun poorer AND THEIR FAMILIES THEIR AND WORKERS DOMESTIC MIGRANT ON PROGRAMME ACTION GLOBAL ------national” migrant workers. work to another country are commonly called “inter “internal” migrant workers. Persons who move for Persons who move for work in their own country are work outside of their hometown home or country. Migrant workers are people who leave home to find worker? amigrant is Who What is Occupational Safety and Health? and Safety Occupational is Box 1. What to man and of each man to his job. tohis man each of and to man work of adaptation the tosummarize: and, capabilities; psychological and physiological tohis adapted ment environ occupational an in worker the of maintenance and placing the tohealth; adverse factors from ing result risks from employment their in workers of tion protec the conditions; working their by caused health from departures of workers amongst prevention the occupations; all in workers of well-being social and mental physical, of degree highest the of maintenance Occupational health should aim at: the promotion and follows: as revised was defiition In1995 the health. occupational of purpose the defined Health Occupational on mittee Com ILO/WHO Joint the in 1950, session first its At

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- - - - - Box 2. Who is a ? A number of factors significantly increase MDW occupational safety and health risks Under ILO Convention No. 189, a domestic worker is “any person engaged in domestic work within an employ- ment relationship” (Art. 1(b)). A domestic worker may Language, and cultural barriers work on full-time or part-time basis; may be employed by a single household or by multiple employers; may A key challenge for many migrant workers is the be residing in the household of the employer (live-in language barrier at the country of destination, espe- worker) or may be living in his or her own residence cially for those who are illiterate.6 When they can- (live-out). A domestic worker may be working in a coun- not understand or read the language of their host try of which she/he is not a national. country, MDWs may not be able to understand OSH related information on key issues (such as the use of chemical cleaning products) and are therefore more at risk with regards to accidents and injuries. Statis- tics in different States (France, Germany and Bel- Migrant Domestic Workers (MDWs) gium) show that the rate of accidents and injuries is higher among non-nationals than among nationals.7 Today, the ILO estimates that there are 11.5 million migrant domestic workers (MDWs). This represents The private character of the workplace 17.2 per cent of all domestic workers globally. In other words, nearly one in five domestic workers There is a coincidence between the public sphere of in the world was an international migrant in 2013. employment relationships, and the private nature of Women workers from lower income countries are family and household dynamics. Indeed, domestic increasingly finding work opportunities in the sector, work normally includes tasks women perform in their often for low and poor working conditions, own house in an unpaid fashion and hence which and with little legal protection. have never been recognized as involving “risks”. Likewise contracting families do not tend to see There is compelling evidence to suggest that migrant themselves as “employers”, and do not view DWs domestic workers face unique challenges concerning as workers to be protected from risks. Finally, the their safety and health.4 Some of the most severe nature of the workplace makes it harder for control/ outcomes are expressed in the form of injuries and inspection mechanisms to monitor compliance with illnesses, and even death. OSH norms.

Social exclusion Box 3. MDWs Globally Migrant Domestic Workers suffer from a significant degree of social exclusion leaving them more vulner- • In France, more than 50 per cent of migrant women able and reducing access to resources that might are employed in domestic work. assist them. Researchers have attributed social • In Italy, some 600,000 people are registered as exclusion to a variety of factors, including: the lim- domestic workers; most are women non-EU nation- ited contact migrants have with local populations als. About 600,000 more are undocumented, for an due to long hours of work and the fact that MDWs estimated total of 1.2 million domestic workers. commonly reside at the employer’s property.8 • In the there are some 2.1 million Confinement and Isolation domestic workers; almost one-third of all female workers in this region. Confinement is another common source of health • In Saudi Arabia alone there are an estimated risk. In a survey related to domestic workers in Thai- 1.5 million domestic workers (primarily migrant land, less than half of those interviewed were allowed women). to leave the house of their employer to meet oth- • In Eastern and the CIS countries domestic ers.9 Total isolation can be considered an important workers number nearly 600,000.5 health risk. Live-in domestic workers are particularly

2 protection, pensions other or of benefits. types healthor care, benefits, maternity tic workers do not have to health access insurance children are typical domestic work tasks. In agiven For example, assisting elderly and taking care of workers. special equipment is not put in place to support means these risks often are not recognized and that problems. Moreover, working in aprivate household twisting)or that in the long term can cause physical repetitive lifting awkward or postures, like bending also strenuous tasks and actions (such asfrequent Generally, requires monotonous but work domestic conditions and poorPhysically ergonomic labour strenuous of their country of origin. borders to or affiliate with thesocial security system unable to transfer benefits suchpensions as across nationals in or irregular status and are frequently MDWs are further excluded by virtue of being non- to the informal and atypical nature of employment. around the world lack such social protection due individual.every However, many domestic workers secure, healthy and decent standard of living for as afundamental human right that guarantees a The right to social security is universally recognized and Protection Social Care Health to Access of Lack also affect how domestic workers are treated. ,Age, class and national origin spread practices of coercion and violence. women assubordinates also contribute to wide regulated. Traditional attitudes and prejudices about where the work remains undervalued and poorly ciated gender roles. This is reflected in pay levels crimination on the grounds of their andsex asso domesticMost workers are women and suffer dis Discrimination employer. MDWs from leaving their job without consent of the a common practice in the Arab region, prevents against premature departure of the worker. “Kafala”, of identity papers by the employer asaguarantee of movement sometimes including confiscation vulnerable their on restrictions freedom to extreme 11 As aresult, As many domes 10 12

- - - - lifting and moving clients with limited mobility. formed: physically demanding labour that includes workershome-care reflects type theof workper The high rate of musculoskeletal disorders among and on and acouch. off the bath tub, into awheelchair, in and out of acar, and out of bed, to and from the toilet, in and out of work day, home care workers may assist in persons ing and after pregnancy. been found to have abiased impact on women dur working hours and night work, factors that have also Particularly harmful is the irregular distribution of dents. this leads to an increased risk of workplace acci theirperform tasks, and studies some indicate that ing excessive hours also affects workers’ ability to The physical and mental fatigue resulting from work workers. longest and unpredictable most for all groups of and working hours around the world are among the are legally entitled to weekly and rest annual leave thanLess half of all domestic workers in the world rest of lack and hours working Long financial pressure to remain in the job at all cost, The social stigma attached to these crimes and the excessive demands for work, physical or violence. insults, threats and belittlement -combined with This may take the form of psychological - quently subjected to abuse as well as exploitation. Domestic workers in private households are fre and violence abuse Sexual instructions toxic on products. products and their proper use, unable or to read fact that workers may unfamiliar be with certain diseases. This vulnerability is exacerbated by the caring for sick individuals and those with infectious to protect them from toxic substances when or general lack of equipment such asgloves and masks unhealthy substances (household cleansers) with a and hot pans. They are often to exposed toxic and and handling dangerous items including knives, axes in the use of equipment such aselectric appliances Migrant Domestic Workers face several risks involved work Hazardous 14

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3 MIGRANT DOMESTIC WORKERS: PROMOTING OCCUPATIONAL SAFETY AND HEALTH prevent domestic workers from filing complaints Health Hazards and Consequences against their employers. In fact, abuse and violence constitute the second most frequent cause of res- Health hazards and consequences for MDWs range ignations by DWs (after inadequate remuneration). from acute to chronic and include fractures, contu- Anecdotal evidence suggests that most incidents of sions, lacerations, burns, amputations, eye injuries verbal and physical abuse are not treated as violence with possible vision loss, head injuries or concussion, that necessitates action, but as an occupational hearing loss, musculoskeletal strains/sprains, and hazard.15 chronic hand/wrist pathology such as carpal tun- nel syndrome and de Quervain’s tenosynovitis.20 In In Thailand, a study among MDWs from neighbour- particular, MDWs suffer from backache, leg pain ing Myanmar found that a majority had experienced and musculoskeletal problems caused by ergonomic verbal assault, while others were subject to sexual challenges. In the extreme, health hazards faced by abuse – ranging from unwanted physical contact (14 MDWs may contribute to or cause loss of life. per cent) to rape by their employer (1 per cent).16 According to one study: In most countries in the Middle East, the individual “These workers experience higher rates of sponsorship system (kafala) for foreign labourers debilitating musculoskeletal disorders than ties migrant domestic workers’ visas to individual any other occupational group in the United employers, resulting in a relationship of structural States, including workers in coal mines and 17 dependence that can encourage . steel mills.”

Irregular status, forced labour and trafficking Box 4. MDW Deaths: the case of Lebanon Labour migration is considered as “regular” and migrant workers “in a regular situation” if they are authorized to enter, stay and work pursuant to the In 2007-2008, at least 95 migrant domes- law of the destination country and international tic workers died in Lebanon. Of these 95 agreements to which it is a party. When workers reported deaths, 40 were classified by the fall outside of those conditions, they are considered embassies of the migrants as suicide, while as “undocumented” or “in an irregular situation”. 24 others were caused by workers falling Migrant workers in irregular situations are particu- from high buildings, often while trying to larly vulnerable to abuse and exploitation of all types. escape their employers: 24

Incidental information suggests that the working CAUSE OF DEATH NUMBER conditions of undocumented migrants are much (as reported to embassy OF or in police report) CASES worse than those of other workers. Because of their precarious situation, undocumented migrants Suicide 40 typically accept any kind of work and are less likely Falling from high floor 24 to complain of poor working conditions for fear of Suffocation by carbon monoxide 5 deportation.18 In the extreme MDWs may be sub- jected to forced labour or . Murder (beaten to death) 2 Accident (car accident or drowning) 9 The ILO estimates that there are 20.9 million vic- Death by natural causes: tims of forced labour worldwide with domestic work heart attack, cancer, diseases, one of the most frequently cited economic sectors.19 other 14 Unknown 1

4 workers. white migrant or workers than among white native or and burnoutstress have been reported among non- days than native workers. Moreover, higher rates of b) mon among migrant workers than native workers; ing and musculoskeletal problems are more com health of migrant workers suggested that: a) Another European Union study concerning the Provisions Relevant to MDWs to Relevant Provisions Legal Key International OSH negative impacts on health with insufficient and interrupted sleepcan lead to excessively long hours with little combined no or rest cal consequences caused by lack of rest. Working There are also physical pathologies and psychologi mention afew. risk of diabetes, disease heart and depression to migrant workers have more sickness absence and healthy working conditions …” (Article 7) …” (Article conditions working healthy and …(b) Safe particular: in ensure, which work, of conditions favourable and just of ment enjoy to the everyone of right the recognize Covenant present to the Parties States “The terms: following the in right this reaffirms , Cultural and Social Economic, on UnitedThe Nations International Covenant 196 Rights, Cultural and onInternational Covenant Economic, Social 23) …“(Article work of conditions favourable and to just employment, of choice to free to work, right the has “Everyone states: 1948, which Rights, Human of Declaration Universal Nations United the in enshrined is work at health and to safety right The 1948 of , Declaration Universal right A human – work at health and Safety UN: UN Conventions 21 23 22 , such asan increased 6 hear

- - - - ment and implementation of anumber of tools for Convention provides for the development, establish occupational injuries, diseases and death, the ment of occupational safety and health to prevent With the objective of promoting continuous improve • • • tions: Conventions and their accompanying Recommenda essentially contained in three International Labour The ILO policy on Occupational Safety and Health is occupational-safety-and-health/lang--en/index.htm. subjects-covered-by-international-labour-standards/ at:can www.ilo.org/global/standards/ accessed be issues. Acomplete listing of ILO OSH instruments either wholly partly or concerned with OSH related majority of all ILO standards and instruments are strong preventive safety . The overwhelming conditions working achieving decent sustained Occupational safety and health is akey element in creation in 1919, and continues to today. so be been central to the Organization’s work since its and injury related to the working environment, has The protection of workers against sickness, disease Health (OSH)And ILO Mandate OnOccupational Safety of apreventive safety and health . occupational safety and health and the building manent of continuous process improvement of 2006, provide for the establishment of aper its accompanying Recommendation (No. 197), Safety and Health Convention (No. 187), and The Promotional Framework for Occupational policy. OSH the implementing surveillance systems and to contribute towards designed to ensure the implementation of health pational health at the services enterprise level, 1985, provide for the establishment of occu tion (No. 161) and Recommendation (No. 171), The ILO Occupational Health Conven Services working environment. occupational safety and health and improve the governments and within enterprises to promote as well asdescribing the actions to taken be by of national occupational safety and health policy, ommendation (No. 164), provide for the adoption tion, 1981 (No. 155), and its accompanying Rec The ILO Occupational Safety and Health Conven 25

and and ------

5 MIGRANT DOMESTIC WORKERS: PROMOTING OCCUPATIONAL SAFETY AND HEALTH the sound management of occupational safety and Capacity building health, in consultation with the most representative organizations of employers and workers, as well as Capacity must be enhanced through sensitizing other stakeholders engaged in the area of occupa- and training relevant policy-makers and stakehold- tional safety and health. ers involved in migrants’ occupational safety and health in countries of origin, transit and destination. ILO Specific Protection for Domestic Workers This can be addressed through networks of col- laborating centres, academic institutions and other The ILO Convention concerning Decent Work for key partners for furthering research into migrants’ Domestic Workers (Convention 189), which was occupational safety and health and for enhancing passed in 2011 at the 100th session of the Inter- capacity for technical cooperation. Educating house- national Labour Conference, includes Article 13(1) hold employers about the conditions in domestic relating to Occupational Health and Safety: service and strategies to improve those conditions. Ensuring adequate training, outreach and informa- “Every domestic worker has the right to a safe and tion activities for MDWs, including health promotion healthy working environment. Each Member shall and disease prevention initiatives should also be key take, in accordance with national laws, regulations elements. and practice, effective measures, with due regard for the specific characteristics of domestic work, to Effective Monitoring ensure the occupational safety and health of domes- tic workers.” Due to the isolated and private nature of employment in the domestic work sector, measures should be taken to identify and eliminate hazardous conditions Recommendations likely to cause serious physical harm to workers, including sector monitoring and outreach to work- As the demand for domestic work continues to grow ers and employers alike. The ILO Labour Inspection globally, so does the need for implementation of Convention, 1947 (No. 81) calls for Member States mechanisms to effectively protect workers from sick- to create labour inspectorates with the core mis- ness, disease and injury arising from their employ- sion of “protection of workers while engaged in their ment, including the following: work”.

Advocacy and Policy Development

Promotion of migrant-sensitive occupational safety and health policies that adhere to ILO key OSH Con- ventions, and equitable access to health protection and care for migrant domestic workers.

Assessment, Research and Information Dissemination

Steps should be taken to assess the occupational safety and health of MDWs, identifying and filling gaps in service delivery to meet their occupational safety and health needs, documenting and dissemi- nating best practices and lessons learnt in address- ing migrant domestic workers’ occupational safety and health.

6 Box 5. Box •  •  •  •  •  •  •  •  •  •  •  •  •  for MDWs,training including materials the following: OHS producing in engaged actively are unions trade and workers of associations makers, policy Governments, Toolkit.pdf. bsr.org/reports/BSR_Migrant_Worker_Management_ Toolkit: http://www. Managment Worker Migrant BSR Guide:ers http://www.mdwguide.com/. Work Domestic Migrant Lebanon, Labor of Ministry ILO, de Guadalajara. OPEGU observatorio manual). prevention risk (MDW hogar del trabajadoras personas laborales riesgos de prevención de Manual pubns/indg90.pdf. http://www.hse.gov.uk/ Executive: Safety and Health guide. Abrief work. at factors human and Ergonomics nobug.pdf. org/content/download/154671/3868441/DOTJ2015Final 2015: http://www.aflcio. April Edition. 24th States. United the In Health And Safety of Worker Profile State-By-State And ANational Toll The Neglect. of Job. the on Death workers. domestic of health and safety occupational and rights labour Tool Chile. regarding particular, casa de trabajadoras para trabajo el en ysalud seguridad de Guia node/15. of http://www.coshnetwork.org/ Labor: Department US Health. and Safety Occupational of Council National pbm. 2011: Canada http://www.iwh.on.ca/ Health, And Work for Institute Toolkit. medicine. best the is Prevention index.htm. buenosaires/publicaciones/WCMS_369832/lang--es/ http://www.ilo.org/ manual): (MDW training en Argentina domésticos trabajadores los de capacitación de Manual 4003.2009.11667734. LLM: http://www.tandfonline.com/doi/abs/10.1080/1477 Tucker LLB &Eric BA PhD LLB BA Sargeant Malcolm UK The And Canada from Studies Case Workers: Migrant for Health and Safety Occupational in Vulnerability of Layers Migrant_Worker_Management_Toolkit.pdf. 2010.September http://www.bsr.org/reports/BSR_ BSR. Rights. Protecting and Workers Managing work Frame Toolkit: AGlobal Management Worker Migrant 52ee34d9c89279f?projector=1. mail.google.com/mail/u/0/#search/gallotti%40ilo.org/1 2011. York. New Rad. https:// New the Make Advocates. Front-Line for A Guide & Safety: Health Worker Immigrant de%20prevencion%20de%20riesgos%20domesticos.pdf. descargas/saludLaboral/Pildoras_seprus/Guia%20 http://www.ccoo.us.es/uploads/ andaluz de prevención. Instituto domésticos. riesgos de prevención de Guía Useful Tools Useful / Good Practices Practices Good - - - A. Nerukar,A. June 2001 Vol. 7,Diseases, No. 3Supplement, M. Carballo, Emerging Infectious Panel Summaries, Conference 7 MPH. July 2015. under review. paper p. 5. Draft aSolution. towards Framework Saqib Rizvi, MD, and Designing a Understanding Global Issues 6 statistics. (Geneva). ofers labour ILO. Database LABORSTA, work domestic on Global and regional estimates 5 III.Section and health the at workplace). Safety 1999, III (Report Geneva (1B). Migrant workers: 4 Edition. p.22. 2008. Benjaminand safety” O. Alli, ILO Second Geneva. 3 . english/standards/relm/ilc/ilc92/pdf/rep-vi.pdf http://www.ilo.org/public/ 2004. Session, 92nd global economy. International Conference, Labour VI, Towards in the afair migrant for workers deal 2 80. p. Parliament. European Affairs, Social And Policy Employment Scientific And Economic For Internaleral A: Policies. Policy Department VulnerableMost Study. Workers Gen Directorate 1 Notes End See: “Migration, and HealthSee: Risks”, Refugees, and Health of Migrant Workers: Safety See: ILO. 2010. policy work brief 4: Domestic 87thInternational Conference session, Labour Fundamental principles of occupational health Report and health issues” Occupational safety RisksOccupational For The Safety Health And - -

7 MIGRANTGENDER SENSITIVITY DOMESTIC WORKERS: IN LABOUR PROMOTING MIGRATION-RELATED OCCUPATIONAL AGREEMENTS SAFETY AND AND HEALTH MOUs 8 Layers of vulnerability in occupational safety and health 16 Migrant domestic workers: From Burma to Thailand (Nakhon- for migrant workers: case studies from Canada and the UK*. pathom, Institute for Population and Social Research) Panam, A. Malcolm Sargeant BA LLB PhD, Middlesex University Business et al. 2004. Cited in: Domestic workers across the world: Global School, UK, and Eric Tucker BA LLB LLM, York University, Can- and regional statistics and the extent of legal protection. Interna- ada. p.61. tional Labour Office Geneva 2013. http://www.ilo.org/wcmsp5/ 9 Migrant domestic workers: From Burma to Thailand (Nakhon- groups/public/---dgreports/---dcomm/---publ/documents/publi- pathom, Institute for Population and Social Research) Panam, A. cation/wcms_173363.pdfIbid. p.45. et al. 2004. Cited in: Domestic workers across the world: Global 17 Esim and Smith, 2004; Khan and Harroff-Tavel, 2011; and regional statistics and the extent of legal protection. Inter- , 2010a, p. 16 ff.; 2010b); Domestic work- national Labour Office Geneva 2013 http://www.ilo.org/wcmsp5/ ers across the world: Global and regional statistics and the extent groups/public/---dgreports/---dcomm/---publ/documents/publi- of legal protection. International Labour Office Geneva 2013. cation/wcms_173363.pdfIbid. p.45. http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcom- 10 Ibid. p.25. m/---publ/documents/publication/wcms_173363.pdf. p.45. 11 Decent work for domestic workers in and the Pacific 18 Ibid. p.81. International Domestic Workers Network Manual for Trainers, 19 ILO. Global estimate of forced labour: Results and methodol- written by International Domestic Workers Network and ILO, ogy (Geneva). 2012. Pag. 65. Accessible at:http://www.ilo.org/wcmsp5/groups/ 20 Safety and Health of Migrant Workers: Understanding Global public/---asia/---ro-bangkok/---sro-bangkok/documents/publica- Issues and Designing a Framework towards a Solution. Draft tion/wcms_184194.pdf. >paper under review-July 2015. Saquib Rizvi, MD, MPH. p.6. 12 Kamphuis et al. 2003: Arbozorg voor allochtone werkne- 21 Literature study on migrant workers. European Agency for mers, Tilburg/Utrecht, cited in : Vartia-Väänänen, M., Pahkin, K., Health and Safety at Work. Vartia-Väänänen, M., Pahkin, K., Kuhn, K., Schieder, A., Flaspöler, E., Hauke, A., Mlodzka-Stybel, Kuhn, K., Schieder, A., Flaspöler, E., Hauke, A., Mlodzka-Stybel, A., Tejedor, M. Laguarta, A., and Nogareda, S., Debruyne, M., A., Tejedor, M. Laguarta, A., and Nogareda, S., Debruyne, M., and Roskams, N. (2007). p.35. and Roskams, N. (2007). p.37. 13 Safety and Health of Migrant Workers: Understanding Global 22 International Labour Office, Conditions of Work and Employ- Issues and Designing a Framework towards a Solution. Draft ment Programme, 2011. Working time in the twenty-first cen- >paper under review-July 2015. Saquib Rizvi, MD, MPH. p.6. tury: report for discussion at the Tripartite Meeting of Experts on 14 See: Working time, health, and safety: A research synthesis Working Time Arrangements 2011 (17-21 October 2011). ILO, paper. Tucker, Ph.; Folkard, S. 2012. Conditions of Work and Geneva. Employment Series No. 31 (Geneva, ILO). Cited in: Domestic 23 ILO’s Work in Progress. The right to rest for domestic work- workers across the world: Global and regional statistics and ers – Setting a floor By Martine Humblet and Lisa Hult, INWORK, the extent of legal protection. International Labour Office ILO. April 2015. Geneva 2013. Accessible at:http://www.ilo.org/wcmsp5/groups/ public/---dgreports/---dcomm/---publ/documents/publication/ 24 Human Rights Watch online article https://www.hrw.org/ wcms_173363.pdf. p.55. news/2008/08/26/lebanon-migrant-domestic-workers-dy- ing-every-week. 15 Ibid p.25. 25 Fundamental principles of occupational health and safety” Benjamin O. Alli, ILO Geneva. Second Edition. 2008. pp.11-12.

Project partners The project is implemented by the ILO in collaboration with the following partners and associates:

www.unwomen.org www.ohchr.org www.ksbsi.org www.ituc.org www.idwf.org

Labour Migration Branch (MIGRANT) Conditions of Work and Equality Department International Labour Office Route des Morillons 4 Tel: +41 22 799 6667 1211 Geneva 22 www.ilo.org/migrant This project is funded by Switzerland Email: [email protected] The European Union

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