The Social, Humanitarian and Cultural Affairs Committee (SOCHUM)

1. PROTECTING THE RIGHTS OF NON-NATIONAL DOMESTIC WORKERS The Social, Humanitarian and Cultural Affairs Committee (SOCHUM) http://liverpoolmuseums.org.uk/ism/exhibitions/homealone/ By Sheyna Cruz (Co-chair)

2. Introduction • Domestic workers are part of the "hidden workforce" that plays an important but often unnoticed role in society. • The United Nations' International Labor Organization (ILO), estimates that there are approximately 52.6 million men and women who are employed as domestic workers worldwide. • About 83 percent of domestic workers are women. • Despite their numbers, however, these workers often experience poor working conditions and do not enjoy the legal protection or human rights that they should be entitled to. • Working behind closed doors, these workers are highly vulnerable to exploitation.

3. Introduction (continued) • Furthermore, a large number of domestic workers are also non-national, coming from a different country than the one they work in. • Many non-national workers are unfamiliar with the laws in their host country, and communication can sometimes be hindered by a language barrier. • This makes it even easier for employers to take advantage of them. • Unfortunately, the domestic workforce is underrepresented and only in recent years has the UN taken significant action to promote their rights. • Our job in SOCHUM will be to enact feasible measures to protect these workers.

4. Definition of Key Terms • Non-national worker: a person who is not a citizen of the country they are employed to work in. Also known as a migrant worker. • Domestic work: any work performed in or for a household. • Domestic worker: a person employed in a household to perform domestic work. • Host country: a country where a migrant worker is being employed. Examples of host countries include Singapore, Hong Kong and India. • Source country: a country where a migrant worker originates from. Examples of source countries include Mexico, the Philippines and Indonesia.

5. Definition of Key Terms (continued) • Live-in workers: domestic workers who live in the household they are working for. These workers are especially susceptible to abuse as they depend on their employers' good graces for their basic living needs, and may not realize that they are being mistreated because of their isolation from others. • International Labor Organization (ILO): a specialized UN agency established in 1919 whose job is to oversee international labor standards. The ILO holds International Labor Conferences to evaluate these work standards worldwide, and is a major provider of labor statistics.

6. Definition of Key Terms (continued) • Convention concerning Decent Work for Domestic Workers: a convention adopted by the ILO in 2011, setting labor standards for domestic workers. It will enter into force 5 September 2013. Often shortened to the Domestic Workers Convention. • International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW): a convention adopted by the General Assembly in 1990 that lays out measures to protect the rights of migrant workers. It entered into force in 2003, and 46 countries – mainly source countries – have ratified it to date.

7. Overview Non-national domestic workers fall under two categories: domestic worker and migrant worker. Each category comes with its own separate challenges, so those who fall under both are all the more vulnerable to exploitation and unfair treatment.

8. Overview: Domestic Workers What challenges do domestic workers face? • Lack of legal protection: some countries’ legislatures do not include domestic workers as part of the workforce that enjoys legal protection, insurance, social security and other benefits. In fact, a study by ILO reports that only 10% of domestic workers are covered by labor legislation to the same degree as other workers. • Lack of representation and visibility:domestic workers are employed in private households where exploitation can easily go on unseen. Domestic workers are more isolated than other workers, making it difficult to form unions that can help them campaign for better rights. • Abuse: working behind closed doors, domestic workers face verbal, physical and sexual assault, and sometimes even slavery. • Poor working conditions: domestic workers may be asked to perform dangerous or dirty jobs by their employers, paid very low wages, and made to work over their maximum weekly hours. • Dependency on employers: this is especially the case with live-in workers, where their basic needs (housing, food, water) are supplied by their employers. Thus they may be unlikely to do anything that may endanger their job, even if it means putting up with unfair working conditions. • Child labor: some domestic workers are employed underage and without protection.

9. Overview: Migrant Workers What challenges do migrant workers face? • Unfair practices by private employment agencies: private employment agencies may sometimes take advantage of migrant workers, such as forcing them to pay placement fees which should in fact be handled by employers and not workers. • Exploitation by employers: employers may also take advantage of migrant workers by providing working conditions or requiring workers to perform tasks that they did not initially agree to or were aware of when they took the job • Discrimination: migrant workers may face discrimination in their host countries due to their different ethnicity or nationality • Lack of awareness: migrant workers are often unfamiliar with the legislation, languages and customs of their host country. They may not know what rights they are entitled to, or whether their employers are treating them fairly. • Lack of legal protection: similar to domestic workers, migrant workers do not always enjoy the same rights under national legislation as other members of the work force. Additionally, migrant workers who immigrated or were employed illegally will lack a proper legal status which may make them more susceptible to exploitation, even though the ICRMW states that all migrant workers should enjoy the same rights regardless of their status.

10. Major Parties Involved • International Labor Organization: the UN agency responsible for dealing with labor standards for non-national domestic workers. • Human Rights Watch: a NGO that promotes human rights, including the rights of domestic workers. • The Middle East: in many countries of this region, protection for domestic workers’ rights is notoriously low. The recent beheading of a Sri Lankan maid in Saudi Arabia has drawn international attention and condemnation of the unfair treatment of domestic workers in the area. • Asia: some 21 million people perform domestic work in Asia. This region is home to many of the world’s source and host countries; however, much needs to be done in order to ensure that domestic workers enjoy the same rights and legal protection as other members of the work force.

11. Timeline • 1936: The ILO adopts the Holidays without Pay Convention. The exclusion of domestic workers from this convention prompts the ILO to put a revision of the convention on their agenda, bringing the issue of domestic workers’ rights to the ILO’s attention for the first time. • 29 November 2010: The only currently existing Domestic Workers’ Bill of Rights in the US was passed in New York. • 16 June 2011: The ILO adopts the Domestic Workers Convention. • 9 January 2013: Sri Lankan maid beheaded by the Saudi Arabian government for a murder she allegedly committed as a juvenile, despite her claims otherwise. • This sparked some outrage and led to the questioning of Saudi Arabia’s treatment of domestic workers. • 9 January 2013: The ILO published its first global report on domestic work.

12. UN Involvement • 1990: UN General Assembly adopted the ICRMW (Resolution 45/158) • The ICRMW been ratified by numerous source countries who wish to promote the rights of their migrant workers, but almost no host countries (where protection of migrant workers’ rights is arguably most needed) have ratified it to date • 2011: ILO adopted the Domestic Workers’ Convention (No. 189) during the 100th ILC • The Domestic Workers’ Convention and the accompanying Recommendation (No. 201) has had positive results over the past two years since it was adopted • Countries in Asia such as the Philippines, Thailand and Singapore have made changes to their legislation as a result of this convention, such as providing a rest day for domestic workers

13. Possible Solutions • Establishment of a minimum wage law will prevent employers from taking advantage of non-national domestic workers, giving the workers their necessary allowance for living. • Limiting weekly hours allows workers to enjoy some free time outside of their working hours. Domestic workers are some of the most overworked laborers in the workforce, so it is also important to promote their right to have leave. • Enforcing the need for a written job offer/contract can prevent workers from being exploited through their lack of awareness. Written contracts are binding and can be referred to in the future, providing grounds for a non-national domestic worker to argue their case if they are ever asked to perform tasks they did not agree to or are subject to abuse.

14. Possible Solutions (continued) • Promoting good practices by employment agencies is important to ensure that migrant domestic workers are given a proper legal status when they immigrate or are employed, such as receiving work permits or visas. • Raising awareness regarding the rights of non-national domestic workers, to both the employers and employees, is an important step to ensure that workers can enjoy the rights they are entitled to by law. • Creating channels of communication can help workers to voice their thoughts and share their experiences with other co-workers, their employers, employment agencies, organizations, law enforcement and/or the public. This can be done by establishing a hotline or creating some kind of forum for domestic workers. Increasing their ability to communicate will likewise increase the visibility of the domestic workforce as a whole.

15. Bibliography • “Domestic Workers."International LabourOrganization. Web. 15 Feb. 2013. • “About Domestic Work."Anti-Slavery. Web. 15 Feb. 2013. • "2012: A Year of Progress for Domestic Workers | Human Rights Watch." 2012: A Year of Progress for Domestic Workers | Human Rights Watch. N.p., n.d. Web. 15 Feb. 2013. • "Beheading of Domestic Worker Shows Saudi Arabia at Odds with International Standards." Amnesty International. Web. 15 Feb. 2013.