HKMUN 2012 – Chair Report Forum: General Assembly- Social, Humanitarian and Cultural Committee Issue: Domestic Migrant Workers Student Officer: Tiffany Chung Position: Committee Chairperson Note: This document serves as an introduction to the topic. All delegates are strongly advised to supplement this document with independent research. ____________________________________________________________________
Introduction “Migrant domestic workers are at heightened risk of certain forms of exploitation and abuse, due to the vulnerability, isolation and dependence in which most find themselves,” - Abdelhamid El Jamri, head of UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. Domestic Migrant workers are those who work outside of a country they are nationals of. The United Nations estimates there are more than 175 million people whom fit into this definition today. Domestic Migrant workers are often at higher risk of abuse and exploitation due to their lack of knowledge of the local language, culture and judiciary system. These issues, with the fact that many migrate alone equating to the lack of a strong support system make them almost completely dependent on their employers, both socially and financially. With employers often also being their visa sponsors, workers are vulnerable to both abuse and under-reporting of abuse. Exploitation often occurs through inconsistencies in the recruitment process, such as in situations where the facilitators of the migration process overcharge for migration costs such as passports or government fees. Intermediary fees are sometimes forcibly retrieved through deduction of salary meaning workers may work for months without receiving any pay. Women make up the majority of migrant workers in the world today: in Indonesia, 91.5% of registered legal migrant workers are women. As women are more likely to live in the home of their employers, they are more susceptible to sexual and physical abuse.
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Child domestic migrant workers are at even higher risk of harm as their separation from family leads to near total dependency on employers, and many national child labor laws exclude domestic workers meaning they are more vulnerable to extreme long hours. The International Labor Organization (ILO) estimates that 30% of all domestic workers are at high risk. Avenues for assistance are both inadequate and insufficient. Since sponsors or recruitment agents are often the source of their problems, workers lack alternative institutions to turn to that are reliable and effective. In many countries, labor laws on issues such as minimum wage, rest days and the right to unionize do not legally protect these workers. Examples include Malaysia exempting domestic workers from key articles in the Employment Act including limits on working hours and many Arab states which do not recognize domestic migrant workers as employees, therefore exempting them from protection of labor laws. On the 16th of June 2011, the ILO adopted the Convention on Decent Work for Domestic Workers that standardizes the treatment of domestic workers internationally, including provisions on a minimum working age. Migrant workers face discrimination from ‘local’ workers, who see the influx of plentiful, cheap labor as competition to their own jobs. The antipathy of the local population, especially in times of economic downturn leads to abuse from beyond the place of employment, and also less sympathy to cases of abuse. This reaction is dangerous, as it leads to less support in the reporting of cases and therefore continues the trend of silence for victims. The migration of workers from the country of origin has also led to significant brain drain. Encouraged by higher wages in developed countries, many skilled workers migrate to serve as careers and nurses leading to undersupply of doctors and medical staff in the home country. This has been reported by the Mauritius nursing union, which reported understaffing as many trained personnel left to the EU, where wages are a tenfold higher. The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families entered into force on the 1st of July 2003. It emphasizes the connection between Human Rights and Migrant rights, and aims equality between nationals and migrants.
Key definitions and countries Domestic Migrant Workers A domestic migrant worker is a worker who has engaged in remunerated work within an employer's household, in a State of which he or she is not a national.
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Labor Law Labor law concerns laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Remuneration Remuneration is the money paid for the work and services of these domestic migrant workers. Intermediaries Intermediaries refers to people who act as links between people in order to try to bring about an agreement; in this case, the intermediaries mediate between the recruited migrant domestic workers and employees seeking workers.
The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Signed on the 1st of July 2003, the convention aims to guarantee equality between nationals and migrant workers in terms of legal protection such as minimum wage, maximum working hours and rest days. Convention on Decent Work for Domestic Workers Adopted on the 16th of June 2011 by the International Labor Organization, the convention states the equality of domestic workers to all other workers, including the right to a written contract, a minimum age and maximum worker hours. It will enter into force 1 year after adoption. International Labor Organization A United Nations agency that has tripartite representation: that is each country is represented by the government, employers and workers. It deals with labor issues and international labor standards. It represents 183 member states. Positions of Key Member Nations and Other Bodies on the Issue International Labor Organization Adopted the Convention on Decent Work for Domestic Workers in 2011 to strive for equality between nationals and migrant workers. Hopes to standardize the protection of all workers within the borders. Indonesia A major supplier of domestic migrant workers, part of the country’s economic development plan is to increase the export of labor, as remittances equaled $5 billion USD in 2007. The majority of migrant workers are women. Though many workers Â
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have expressed concern over long working hours and frequent violation of contracts, the government has continued to advocate migration. Saudi Arabia Recent labor law reforms aimed at improving conditions for migrant workers exclude domestic workers, as they are overseen by the Interior Ministry and not the Ministry. As foreign workers are legally tied to their employers, runaway workers are immediately considered criminals. Despite this, many from less economically developed countries still flock to Saudi Arabia because of the financial incentives. Saudi Arabia is the biggest host of foreign workers in the middle east, with 1.5 million migrant domestic workers. Brazil Strong proponents of the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Domestic workers in Brazil must be protected by a registered contract and have the same rights as other workers, including minimum wage, remunerated vacations and weekly day off. However, many employers bypass this by simply not registering domestic workers.
Key Issues The issues and problems caused by Domestic Migrant Workers are plentiful. Inequality before the law with the lack of protection by local labor laws leads to exploitation and abuse. Both the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and Convention on Decent Work for Domestic Workers aim to solve this inequality, and member states will have to both assess and debate the efficacy and efficiency of global bodies to standardize labor laws. Overdependence on Employers leads abuse and exploitation, and also fear of reporting abuse to authorities, thus protracting the behavior. With Golf states continuing their policy of legally tying the employer and worker, workers will not report abuse and the exploitation will continue. Not only is this harmful to the workers, there has been international precedence of these activities leading to tension between countries, with Philippines among other countries banning nationals from working in the Middle East. This overdependence is also exacerbated by the financial vulnerability of workers: with their ignorance of the local legal system and often lack of a legally recognized contract, they have no way of challenging their employers in a court of law. Abuse by intermediaries and agencies are often not regulated, and lead to workers being scammed and economically unstable. Not only do agencies often charge very high prices for arrangement of work and visas, some have been known to force
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workers into illegal work, which leaves them vulnerable to deportation and criminal liability. States should be deeply concerned by the Lack of Support Systems within a country for Domestic Migrant workers: with the lack of agencies to appeal to after abuse or preventive educational courses workers often find themselves very alone in a foreign country. The lack of knowledge of the local language and their rights make workers vulnerable against employers, who may deliberately keep them in the dark. The Chair keeps in mind the many different levels of development. A key issue in the internal affairs of countries is the Brain Drain that many countries have seen with large numbers of educated nationals migrating to foreign countries, depriving the country of origin with an educated labor force. This leads to a slow down in economic development or understaffing in essential services such as education and healthcare.
Possible solution and resultant Delegations should address the legal provisions in their country for the protection of domestic workers: ensuring workers hold contracts which they have read and understand, and educating them about their right to pursue cases against exploitive employers. The aim of this committee is to find a solution whereby nationals and migrant workers are in possession of the same rights and protection under the law. Many existing laws of member states blatantly discriminate against domestic migrant workers, with their exclusion from labor acts and protection. To solve this problem, delegations need to assess and amend legislation to be more inclusive of existing labor markets. Keeping in mind that economic incentives are an interest of most governments, delegates must keep in mind a balance between interest and rights is paramount. Migrant Workers are human and should be afforded the same human rights nationals have. The two international conventions that were enthusiastically received by many member states are a good first step, but states must press forward with the ratification and legal recognition of articles. Because of the highly interlinked nature of these issues, countries should work towards strengthening diplomatic bonds to more easily solve problems of deportation and mutual assistance towards those who have been abused. Member states should investigate the actions of agencies bringing in migrant workers and form a set of legislation to regulate them: currently, the under regulation has given such agencies ease in encouraging fraud and deception. The lack of support systems is an issue that will require a multidimensional solution: firstly, member states could be more proactive in the prevention of abuse by offering
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courses on the foreign land including but not limited to lessons on the foreign language, basic information on their rights and legal protection and emphasis on the importance of their contract and how to pursue legal action if said contract is breached. With a more knowledgeable set of migrant workers, the dependency on employers will be reduced and workers will be more able to defend themselves. Another proposal worth debate and discussion is the unionization of migrant workers: the United Farm Workers in the USA, the European Migrant Worker Union and Indonesian Migrant Workers Union are all example of where workers have formed unions. By allowing, encouraging and protecting this right, workers will be able to gain more bargaining power at the negotiation table, and form a strong support group against abuse, with more experienced members guiding and protecting new members. This allows the issues to be resolved by workers themselves, who will be knowledgeable in the root cause of problems and also to form a sense of belonging and familiarity in a foreign land. Acknowledging the many issues that are intertwined, and the difficulty in forming one resolution that will solve the multifaceted problems in different states. With that in mind, the Chair calls on delegations to remember that many of the problems faced by different countries stem from a very similar root, and to keep in the principle of equality and protection. Ideally, this committee will form a resolution which encourages international cooperation and raises the recognition of migrant workers, with a focus on practical measures both reactive and proactive.
Bibliography http://www.ufw.org/ United Farm Workers- USA http://www.ohchr.org/EN/NEWSEVENTS/Pages/UnifiedContractLebanon.aspx United Nations Commissioner for Human Rights – a solution in Lebanon http://www.afrol.com/articles/12798 Mauritius brain drain to Europe http://www.hrw.org/news/2011/06/16/ilo-new-landmark-treaty-protect-domesticworkers Human Rights Watch – the International Labor Organization http://www2.ohchr.org/english/law/cmw.htm Text of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families http://www.ohchr.org/Documents/Publications/FactSheet24rev.1en.pdf United Nations Commissioner for Human Rights – factsheet on migrant workers http://www2.ohchr.org/english/bodies/cmw/faqs.htm United Nations Commissioner for Human Rights – FAQ on migrant workers http://www.migrantwatch.org/ Migrant Watch – NGO
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http://www.icmc.net/article/un-body-adopts-formal-guidance-states-and-civil-societyunder-international-convention http://www.un.org/apps/news/story.asp?NewsID=38794&Cr=ilo&Cr1 UN migrants’ rights official hails new pact protecting domestic workers http://www.migrationinformation.org/Feature/display.cfm?ID=300 Domestic Workers: Little Protection for the Underpaid By Gloria Moreno-Fontes Chammartin International Labor Organization http://www.kalayaan.org.uk/ Justice for Migrant Workers- UK site http://www.jstor.org/pss/2547324 -‐ Report on Female Migrant Workers http://sociology.ntu.edu.tw/~pclan/documents/journals/03_maid_or_madam.pdf -‐ Report on Filipina Female Migrant Workers http://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Protection_of_the_ Rights_of_All_Migrant_Workers_and_Members_of_Their_Families
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