‘Millions of Asian, African women workers remain at risk of exploitation’

MANILA, Philippines – Millions of Asian and African women workers remain at high risk of exploitation and violence, especially in the Middle East, despite reforms in countries hosting a large number of migrant workers.

The Human Rights Watch made the observation in a report released ahead of International Labor Day on May 1.

The 26-page report, titled “Slow Reform: Protection of Migrant Domestic Workers in Asia and the Middle East,” focuses on the conditions in eight countries with large numbers of migrant domestic workers: Lebanon, Jordan, Saudi Arabia, Kuwait, the United Arab Emirates, Bahrain, Singapore, and Malaysia.

Nisha Varia, women’s rights researcher at Human Rights Watch, said several governments have made concrete improvements for migrant domestic workers in the past five years, but in general, reforms have been “slow, incremental, and hard-fought.”

“Jordan deserves credit for including domestic work in their labor law, but enforcement remains a big concern. Singapore has prosecuted physical abuse against domestic workers vigorously, but fails to guarantee them even one day off a week,” Varia said.

Migrant domestic work is an important source of employment for women from the Philippines, Indonesia, Sri Lanka, Nepal, India, and Ethiopia.

Migrant domestic workers’ earnings constitute a significant proportion of the billions of dollars of remittances sent to these countries each year.

Common complaints, based on the Human Rights Watch report, include unpaid wages, excessive working hours with no time for rest, and heavy debt burdens from exorbitant recruitment fees. There are reports of psychological, physical, and sexual abuse, forced labor, and trafficking.

“Reforms often encounter stiff resistance both from employers used to having a domestic worker on call round-the-clock and labor brokers profiting handsomely off a poorly regulated system,” Varia said. “Governments should make protecting these vulnerable workers a priority.”

Human Rights Watch added that most governments exclude domestic workers from their labor laws, denying them protections guaranteed to other workers, such as limits to hours of work or a weekly day of rest.

Only Jordan has amended its labor laws to include guaranteeing the rights of domestic workers.

Domestic workers in Jordan are entitled to weekly days off, paid annual and sick leaves, and a maximum 10-hour workday.

Human Rights Watch noted that governments of Lebanon, the United Arab Emirates, Kuwait, Bahrain, Saudi Arabia, and Malaysia have publicly promised to amend existing labor laws or draft new legislation on domestic work, but no progress had been made.

Instead of ensuring protection under labor laws, Varia said governments have relied on creating standard employment contracts or bilateral agreements with labor-sending countries.

“Employment contracts and bilateral agreements may be better than nothing, but with weaker protections than labor laws, they effectively reinforce discrimination against domestic workers.”

According to Human Rights Watch, immigration reforms have proceeded even more slowly than labor reforms.

In the countries surveyed, the report said domestic workers migrate on fixed-term visas, under which their employers double as their immigration sponsors. This system heightens the risk of abuse by giving inordinate control to employers, who can have domestic workers sent home at will or prohibit them from being hired by a new employer.

Human Rights Watch noted successful prosecution of abuses against domestic workers, “but numerous obstacles continue to stand in the way of such victories.”

It said the systems for filing complaints are often out of reach of domestic workers trapped in private homes and unable to speak the local language.

For cases that do reach the attention of authorities, legal proceedings often stretch over years, while victims typically wait in overcrowded shelters, unable to work.

In other cases, domestic workers who pursue charges against abusive employers are forced to defend themselves against counter-allegations of theft, witchcraft, and adultery.

“Successful prosecution of abusive employers and labor brokers is not only justice served but also a strong deterrent against abuse,” Varia said.

“Governments should establish accessible ways to file complaints, expedite legal proceedings, and ensure a minimum standard of social services, such as shelter and health care, during the process,” Varia said.

In recognition of the importance of protecting a major source of employment that has been historically neglected, members of the International Labor Organization will begin formal discussions in June to establish global labor standards for domestic work.

Lebanon, Bahrain, and Jordan have voiced support for legally binding standards, while Malaysia, Saudi Arabia, and the United Arab Emirates are open to non-binding measures. Singapore and Kuwait did not submit official responses. –Pia Lee-Brago (The Philippine Star)