PROTECTION OF MIGRANT DOMESTIC WORKERS IN DESTINATION COUNTRIES ILO Human Rights Training Manual for Consular Officials and Labour Attaches PROTECTION OF MIGRANT DOMESTIC WORKERS IN DESTINATION COUNTRIES ILO Human Rights Training Manual for Consular Officials and Labour Attaches 1 2 FOREWORD According to the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its follow-up resolution from the 92nd session of International Labour Conference in 2004, all workers, regardless of their status and sector, have equal rights to labour and human rights protection. However, despite the existing international standards framework, many migrant workers continue to suffer discrimination and forced labour conditions abroad. The ILO Human Rights Training Manual for Consular Officials and Labour Attaches has been developed to strengthen the capacity of diplomatic missions, consular officials and labour attaches to protect their citizens working and living abroad. The training manual provides background text, tools, case-stories, interactive group exercises and trainers’ instructions required for comprehensive training of consular staff and labour attaches at all levels. Special emphasis in this training manual has been given to ensuring the protection of migrant domestic workers who are at risk or have become victims of trafficking and forced labour. The training manual was developed by the ILO project ‘Mobilizing Action for the Protection of Domestic Workers from Forced Labour and Trafficking in Southeast Asia’ in collaboration with the Indonesian Ministry of Foreign Affairs. The Manual forms part of the project’s support to the Indonesian Ministry of Foreign Affairs to restructure part of its obligatory curriculum and training at the Ministry’s Training Centre for consular officials at Junior, Middle and Senior Levels. The Training Manual was updated following a series of regional training workshops for Indonesian Consular Staff and Labour Attaches in South East Asia, South Asia and the Middle East in 2005- 2006, which were technically supported by the project. By publishing a generic version of the original Indonesian training manual for consular officials and labour attaches, ILO aims to further disseminate this Training Manual for use by other labour-exporting countries who wish to strengthen the capacity of their Foreign Services to respond to the protection needs of their citizens living and working abroad. Furthermore, because of the comprehensive content, organizations assisting migrant workers may also find this Training Manual useful for their work. Jakarta, 1 March 2006 Alan Boulton Lotte Kejser Director Chief Technical Advisor ILO Jakarta Office Domestic Workers Project 3 4 CONTENTS Foreword 3 I. Introduction and course summary 7 A. Introduction 7 B. Description of modules 9 C. Agenda 13 D. How to use this manual 15 Introductory session 16 Module 1: Context: The situation of migrant domestic workers in Asia and FSO responsibilities 17 Annex 1 22 Module 2: Trafficking, forced labour and exploitation faced by domestic workers 39 Annex 2 59 Module 3: Rights in the law 103 Annex 3 116 Module 4: Immediate assistance: Short term strategies that protect human rights 147 Annex 4 166 Module 5: Long term strategies to protect human rights 195 Annex 5 210 Module 6: Monitoring, follow up and implementation of learning 219 List of abbreviations 234 Glossary 235 Contact List 239 5 6 INTRODUCTION This training curriculum has the broader goal of trying to prevent exploitation of domestic workers in destination countries, by ensuring they have access to swift and sensitive support and assistance from their embassies. The training curriculum has been developed to strengthen the response mechanisms available to domestic workers in destination countries by ensuring embassy officials and labour attaches are well-trained and have a comprehensive understanding of the issues. The training is a practical tool so that embassy and governmental officials can better understand the complex situations that migrant domestic workers face, and know best how to respond to these situations, especially how to protect them from trafficking and forced labour. Aims: The training curriculum aims to: z Strengthen the response of embassies to nationals who are domestic workers and find themselves in trafficking, forced labour and other abusive situations in the country of destination. z Equip Foreign Service Personnel with the tools to deal effectively with specific cases and situations as well to engage in more long-term measures to prevent trafficking and forced labour from occurring. z Raise awareness of embassy and consular staff as to: human and labour rights of domestic workers and how those rights are violated including gender, trafficking and forced labour issues possible existing laws protecting these rights at destination and origin Short and longer term measures embassies can and should take to protect domestic workers, especially those in situations of forced labour and trafficking. Participants: The course is aimed at Foreign Service Personnel, who are currently working in/or are about to be posted to, countries with a high number of domestic worker nationals. Specifically those posted to Hong Kong SAR, Malaysia and Singapore will be the first target for the curriculum, though the curriculum should also be useful to those posted to other countries such as in the Middle East. ‘Local hires’ engaged by the embassies at the destination will also be encouraged to undertake this training by the self-taught CD Rom. It is envisaged each participant will undertake the training on a ‘once-off’ basis. Mode of Delivery: Each country is responsible for training its own embassy staff. For participants, the course will be delivered in a 3 day training workshop for approximately 10 -15 participants (over 3 consecutive days). 7 Methodology: The training course will be participatory and use learner-centred approaches to achieve course objectives. The course will be administered by a core trainer (facilitator) and various subject area specialists will deliver relevant modules. These specialists include governmental officials, returned embassy personnel, NGOs from sending and receiving countries and returned migrant workers. The trainer is responsibility for the learning process while the Specialist is responsible for the content. Assessment: The course will be assessed at the end of each module through a brief multiple choice test/quiz that will test the main learning objectives. In order to be able to move onto the next module, the participant must be able to answer all the questions correctly. If they answer incorrectly, they must understand what the correct response is and why. Participants must pass each aspect of the course to reach the next module. At the end of the training, participants who are successful will receive a certification of completion. Acknowledgements: We would like to express thanks to Asian Migrant Centre, Asia Pacific Mission for Migrants, Indonesian Migrant Worker’s Union and Kotkiho as well as the various returned domestic workers and NGOs in Indonesia and the Philippines who assisted us by sharing their experiences working abroad, especially their experiences at embassies. To protect the confidentiality of those involved, we do not identify each case by organisation or by country. The International Catholic Migration Committee and ACILS kindly shared key documents and training materials with us which we have reproduced in this curriculum. We would also like to thank Christian Action Domestic Workers Programme for providing information pertaining to the laws of Hong Kong. Thank you very much to those consular and diplomatic officials in Hong Kong and Singapore and returned officials working in Philippines and Indonesia who shared their time and experiences. 8 DESCRIPTION OF MODULES Factual case studies Each of the case studies mentioned in this training curriculum is based on true factual narratives as told to us by domestic workers, embassy staff, government officials and non-governmental organisations. Module 1: Context: The situation of migrant domestic workers in Asia and FSO responsibilities Module Rationale This module begins by setting out the problems migrant domestic workers have in receiving countries. Domestic workers facing such problems will usually contact their embassy for information, advice and assistance. Participants are reminded of their obligations under international standards and foreign policy to protect and assist all nationals, especially those in need. The module asks participants to think deeply about where migrant domestic workers come from, why they travel abroad, the kind of work they do and why they might face difficulties, such as abuse, trafficking and forced labour at destination. Reminded of these issues, participants should be better equipped to serve domestic workers as clients in the embassy. Summary of Aims The module aims to: z Ground participants as to the reality of the problems migrant domestic workers face abroad z Explain why domestic workers are vulnerable to suffering exploitation and abuse is different ways z Reinforce the responsibility to provide assistance to all nationals, including domestic workers and especially victims of abuse. Module 2: Trafficking, forced labour and exploitation faced by domestic workers Module Rationale: This module introduces the definition of human trafficking under the UN Trafficking Protocol. It is essential for participants to understand this