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03-June-2004

Joint Statement of the Migrant Forum in Asia (MFA) and Migrants Rights International (MRI) delegation, delivered to the Committee on Migrant Workers, 92nd Session of the International Labour Conference,
3 June 2004, Palais des Nations, Geneva

Dignity and Respect for the Human Rights of Women Migrant Domestic Workers

Mr Chairman,

This Committee has aptly emphasized the feminization of migration. A large percentage of migrant women workers are in the service and entertainment sector. The need for a multilateral framework that upholds the application of standards is crucial to the debate of this Committee.

To put this in perspective, we note with deep concern that migrant women domestic workers in some host countries do not enjoy equality of treatment either with nationals or even among themselves. It is important for the ILO to recognize and promote the recognition of domestic work as work, and that national legislation be introduced which upholds labour standards emphasizing decent work conditions and the recognition of the dignity of domestic work.

The UN Special Rapporteur on the Human Rights of Migrants has aptly elaborated on this situation in her report to the 60th Session of the UN Commission of Human Rights highlighting the human and labor rights situation of women migrant domestic workers.

In reference to equality of treatment, Mr. Chairman, we call the attention of the Committee to our concern that the wages of migrant domestic workers are often negotiated according to one's country of origin and ethnicity. Ironically, these negotiations are tolerated at a bilateral level between sending and host countries. Currently, we are seeing a race to the bottom of the barrel in the wages of migrant domestic workers, which is a gross violation of the equality of treatment that this tripartite institution seeks to uphold.

Therefore Mr. Chairman, recognizing not only the vulnerabilities they face, but also their positive economic and social contribution to society, we call on all States to take the necessary steps to protect the rights of migrant domestic workers, particularly those of the undocumented.

In this light, we recommend to the Committee the following:

  • Promotion of the ratification of ILO Conventions 97, 143, and the 1990 UN Migrant Workers’ Convention that calls for the protection of all migrant workers and members of their families.
  • The right to an immigration status that recognizes domestic work in private households as proper work.
  • For states to consider legislation that ensures that migrant domestic workers' immigration status does not depend directly on their employment relationship with a given employer and that under certain circumstances workers may change employers.
  • For states to take initiative to avoid indebtedness of migrant domestic workers,' including arrangement to have the recruitment costs covered by either the employers or recruitment agencies.
  • For states to ensure that recruitment agencies observe specific criteria in relating to migrant domestic workers' rights through the issuance of renewable licenses and establish watchdog arrangements. 
  • The right to full and non-discriminatory employment rights including minimum wage, sickness and maternity pay, and pension rights.
  • The right to a legally enforceable contract of employment, setting out minimum wages, maximum hours of work and a clear identification of responsibilities. These contracts should be based on national labor and migration legislations.
  • The right to work free from fear of physical, sexual, or psychological abuse.
  • The right to recognition of qualification, trainings, and experience obtained in the home country.
  • The right to personal leisure time and a day off.
  • Finally, to encourage migrant domestic workers to unionize and organize among themselves, and build alliances with civil society organizations in promoting and defending their human and labour rights.  On this, we call for ratification and effective implementation of ILO Convention Number 87 on Freedom of Association and Protection of Migrant Workers and ILO convention Number 98 on the Right to Organize and to Collective Bargaining.

Thank you Mr. Chairman. The MFA and MRI delegation to the 92nd Session of the ILC is comprised of almost 20 organisations, whose names and contact details are listed in the attached document.  Migrants Rights International (MRI) is the international federation of migrant workers unions, associations, church-based organizations, legal organizations and NGOs promoting the human rights of all migrants. Our membership comes from the different world regions. In Asia, MRI works in partnership with the Migrant Forum in Asia (MFA) which isa network of over 200 migrant workers associations and trade unions and migrant support groups based in 20 Asian countries.

_________________
Migrant Forum in Asia
Regional Secretariat, 59-B Malumanay Street, Teachers' Village West,
Quezon City, Philippines
Tel: 632-433-3508; Fax: 632-433-1292; mfa@pacific.net