fact sheet Migrant Domestic Workers

What is Domestic Work? I did not even get enough food. Domestic work includes a range of tasks Sometimes I only had bread and tea. carried out in private homes including cooking, cleaning, laundry, taking care of I worked all day, with only bread and children and the elderly, and running tea. One day, I asked for my full errands. Many domestic workers live in salary and I told madam not to send their employer’s homes and women and me to work at the houses of her girls make up the overwhelming majority friends and relatives, and I said that, of domestic workers worldwide. Domestic “If you don’t give me my salary I will work represents up to 10 per cent of total not work at all”. After saying this, I employment in some countries. Despite was beaten right away. She even this, domestic work is looked upon by used shoes to beat me. My right hand many as unskilled and remains Photo: Pernin Lucas was broken and there were bruises undervalued and under regulated. 2 of violence to control and force them to work, all over my body.” Amrita 2Female Nepali domestic worker (name changed) often without pay. Others fall into bonded interviewed as part of KAFA newsletter, Stop the A survey with Lebanese employers of labour as a result of the transportation and Exploitation of Migrant Domestic Workers, ,issue Migrant Domestic Workers showed: recruitment costs, as well as the commission #2, Beirut: 2010, (p.7) - 88% believed the employer has fees charged by the agent and/or broker the right to confiscate their incurred in taking up a job abroad. Anti – Slavery International’s employee’s passport Their vulnerability is compounded on arrival Research and Findings - 31% lock their domestic worker in the destination country as migrant In 2012 Anti-Slavery International conducted in the house when they go out domestic workers rarely speak the language research in Nepal, Lebanon and India - 80% do not allow their employee of their employers, have little or no examining the legislation, policy and practice 1 to leave the house on her day off knowledge of their rights and are often of the migration cycle in origin and 1 Data collected by KAFA from interviews with 102 mistreated and forced to work long hours destination countries with particular male and female Lebanese employees, Abdulrahim, with very little pay or food. Many migrant reference to its impact on female migrant Beirut: 2010 (p 37-40) domestic workers have reported domestic workers. It concluded that a experiencing physical, mental and sexual combination of gender discrimination in Key Issues and Concerns Related abuse, having their salary withheld and policies, lack of pre-departure preparedness, to Migrant Domestic Work being confined in their employer’s house, lack of legal protection and little or no Economic and social pressures and a lack of consequently they feel isolated and regulation of recruitment agencies has education compel women to migrate in desperate with little hope of paying the debts resulted in a failure to protect female migrant search of lucrative employment abroad. With incurred by agency imposed migration fees. domestic workers at every level. Whilst some little knowledge of the migration process or positive policies have been introduced, what their work will involve, their overall the research showed that many vulnerability is exploited by agencies, Every domestic worker has the right to a policies and practices expose women to brokers and employers. Migrant domestic safe and healthy working environment. greater risks and vulnerabilities. workers are particularly vulnerable to abuse Each Member shall take, in accordance and exploitation, including forced labour, with national laws, regulations and Our research also showed that there is a due to the unique and specific practice, effective measures, with due disproportionately high rate of reported circumstances of the work inside a private regard for the specific characteristics of suicide amongst Nepali migrant household, combined with a lack of legal domestic work, to ensure the domestic workers in Lebanon. In 2010 protection and regulation, and their occupational safety and health of alone a Nepali Times article reported vulnerability as migrants living in a foreign domestic workers. that 15 Nepali domestic workers country. Many are trafficked for forced committed suicide, but it is believed that Article 13, International Labour labour, with some employers forbidding many more cases go undocumented.3 Organization Convention 189 concerning them from leaving the house, confiscating 3 Hom Karki, Suicide in Lebanon, Nepali Times: issue decent work for domestic workers their passports, and using violence or threats #517, 27 August 2010 Nepali Times

Anti-Slavery International, Thomas Clarkson House, The Stableyard, Broomgrove Road, London SW9 9TL Tel: +44 (0)20 7501 8920 Fax: + (0)20 7738 4110 email: [email protected] www.antislavery.org She [the domestic worker] is under my name. I am responsible for her in everything. So, I would feel worried if she goes out or if she sleeps outside my house. I would be scared that she might do something wrong…I would be responsible for that.4 4 Abdulrahim, Beirut: 2010 (p 17)

Legislation, policy and leave a slavery-like situation since they important method for educating migrant practice which create a could be deported and lose their domestic workers to make them less livelihood if they leave that employer. vulnerable to exploitation from recruiters vulnerability to slavery: Since employers are legally responsible and employers. An investigation of the Travel Bans: Abuse and exploitation for the worker during her stay, Nepali government’s training course of migrant domestic workers is so sponsorship also encourages restrictions aimed at migrant domestic workers widespread that origin countries, on freedom of movement and highlighted a number of issues including amongst them Nepal, Ethiopia, the communication, thus leaving them lack of awareness of the availability of the Philippines and Madagascar, have vulnerable to abuse. The right to change training, high costs, inaccessibility of banned their nationals from employer is a fundamental safeguard training centres in rural areas, lack of travelling to certain countries and the practice of tying migrant workers monitoring of training centres and the including Lebanon and the Gulf to to a particular employer has been wide availability and use of fake proof of find domestic work. identified by anti-trafficking experts as attendance certificates. one of the key factors contributing to Rather than halting the flow of migrant trafficking and can lead to victims Absence of legal protections: Domestic domestic workers to destination becoming ‘illegal’ and the perpetrators workers are frequently excluded from countries, labour bans: Labour Laws, which denies them all rights going unpunished. • Hamper the ability of service given to workers in other sectors such as providers and duty bearers to Lack of regulation of recruitment agencies minimum wage, annual and sick leave, monitor, support and protect and employers: High fees imposed by the maximum hours of work, the right to form migrant workers. agencies, both in the origin and destination associations and organize, and the right • Prevent monitoring of countries, leave the domestic workers with to resign with proper notification. recruitment agencies, brokers debts and make them more vulnerable to Lack of embassy representation: Our and employers. exploitation. Due to the nature of domestic research has highlighted that migrant • Encourage women to seek work, employers have increased control over domestic workers in countries where there employment through informal their employees and a lack of monitoring is little or no diplomatic representation routes thus exposing themselves bodies and regulation means abuses often from their own countries are particularly to further risks and vulnerabilities. go undetected and unpunished. vulnerable to exploitation. Equally, where there is embassy representation, there is Sponsorship Systems: In many Lack of pre-departure preparedness of frequently a lack of cooperation between countries a domestic workers right to female migrant domestic workers the foreign missions and the destination work is tied to a specific employer, travelling to destination countries: countries to ensure better protections and meaning that they are less likely to Preparation before departure is an conditions of work.

Recommendations: It is of the utmost importance that both origin and destination countries work to establish effective prevention, protection and rehabilitation mechanisms through which migrant domestic workers can be supported. Anti-Slavery International also urges all Governments to: Lift all Labour Permit Bans: All restrictions on migration must be lifted. Governments should encourage potential migrant domestic workers to obtain work permits legally, thereby limiting the number of women using informal routes and enabling authorities and other concerned stakeholders to better identify, track and support those domestic workers going to destination countries.

Create an alternative to existing sponsorship systems: A government sponsored visa system must be created that allows domestic workers employment mobility and does not tie their visa to a specific employer.

Improve recruitment processes by better regulating and monitoring private recruitment agencies. Abusive recruitment practices must stop. There is a need for stronger provisions for the regulation, monitoring and prosecution of agents and subagents who knowingly deceive potential migrants and/or engage in trafficking activities.

Extend labour protections in national law to domestic workers: Governments should also introduce additional protections to address the specific nature of domestic work including living accommodations, food provision, the right to form associations and organise and the right to resign with proper notification.

Improve pre-departure training for domestic workers: The experience of returnee migrant domestic workers must be utilised as the best source of information for supporting potential migrant domestic workers. Training needs to be decentralised in order to make training accessible for those women living in rural areas. Migration information and policies should also be publicised widely through local media.

We also urge governments to promptly sign, ratify and domesticate: ILO Convention No.189 on Decent Work for Domestic Workers and The Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention)

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