Slow Movement: Protection of Migrants' Rights in 2009 - Part I

Slow Movement: Protection of Migrants' Rights in 2009 - Part I

International migration is rapidly increasing, but in many places, including United States, a migrant is still considered an alien or an outsider, if not an enemy. Millions of people are living in countries that are not their own. Sometimes the decision to migrate is voluntary, but in many cases, it is forced, i.e. human trafficking is also rapidly increasing. Many migrant workers are forced to leave their homes to search for better opportunities; some flee from war, some flee from social injustice, and some from poverty. Their goal is simple: survival. Too many migrants are misled about the living and working conditions and are forced to leave their homes and their rights to become a slave in foreign land.

Human Rights Watch published a report based on the research they conducted in 2009 on migrant rights. The report highlights the lack of protection of migrant workers.

"Migrants drowning at sea after being turned away from shore. Children detained with adults and at risk of physical and sexual abuse. Workers cheated out of wages and confined to their workplace. Authorities extorting bribes. Governments denying health care benefits to those who might most need it."

Millions of people are employed as domestic workers. Most of these are women.

[Part 1 of the Report] Women Migrant Domestic Workers :

Millions of people from Asia and African migrate to Middle East. "Labor recruiters in their home countries often deceive these migrants about their employment contracts or charge excessive fees." According to Human Rights Watch, in most places in the Middle East (with the exception of Jordan), standard labor protection policies (such as minimum wage, limits to hours of work, rest days, and workers' compensation) do no apply to domestic workers. Hence, many domestic workers are forced to work 15 - 18 hours a day, seven days a week.

• Saudi Arabia :
  
• "With at least 1.5 million migrant domestic workers, Saudi Arabia hosts the largest number in the Middle East".
• Labor rights violations and abuse occurs based on spurious allegations of adultery, theft, or witchcraft.
• Migrant workers also require an 'exit visa' from the employer before he/she can leave the country. This results in many cases of forced labor.
  
• In July 2009, Saudi Arabia’s Shura Council passed a law "that requires employers to provide domestic workers at least nine hours of rest each day and suitable accommodation". However, there are still vague provisions because of which sufficient protection cannot be provided to migrant workers.
  

• Kuwait :
• "Over 600,000 migrant domestic workers currently work in Kuwait, making it the second largest host country for domestic workers in the Persian Gulf region after Saudi Arabia".
• Under Kuwaiti law, a domestic worker is not allowed to leave without the sponsor's permission, even in case of abuse. The employer controls whether the worker can change his job and can file a case against the domestic worker if he tries to leave.
  

• Lebanon :
  
• "There are an estimated 200,000 domestic workers, primarily from Sri Lanka, the Philippines, and Ethiopia in Lebanon".
• "Human Rights Watch research found that at least 45 migrant domestic workers died in Lebanon in 2008, a majority of whom committed suicide or died while trying to escape in a hazardous way".
• "In January 2009, the Ministry of Labor finally introduced a standard employment contract that clarifies certain terms and conditions of employment for domestic workers, such as the maximum number of daily working hours, the need for a 24-hour rest period each week, and paid sick leave". However, there are no clear enforcement mechanisms.
  

• Jordan :
• In September 2009, a regulation issued by Ministry of Labor included migrant workers under the protection of Jordan’s labor laws.
  
• "Domestic workers now have limits to daily working hours, and a weekly day of rest". However, this regulation still allows employers to control when a worker can leave and a worker cannot leave without the employer's permission, even after working hours.

Next part: Migrant Construction Workers.

Domestic Abuse Rampant in Jordan

Amid Claims of Widespread Abuse, the Philippines Bans its Citizens from Migrating to Jordan for Work

From the BBC:

The Philippines has banned its citizens from going to Jordan to work amid claims of widespread abuse of domestic staff by Jordanian employers.

The move affects Filipinos who want to go to Jordan for the first time, not those already working in the country. The ban, which came into force on Monday, is only now becoming public.

Inside the Philippine embassy in the capital, Amman, more than 150 Filipino workers, most of them women, have taken refuge from abusive employers. The notice posted on the front door of the embassy is clear: no more workers will be allowed to come from the Philippines to Jordan until further notice.

Unpaid wages
The crimes committed against them include non-payment of wages, physical abuse and even rape. Meetings between officials from the Philippine embassy and the Jordanian government are being held to try to solve the problem. According to Jordanian government statistics, there are 70,000 foreign domestic workers in the country. About 15,000 of them come from the Philippines.

From Business Week:

The Philippines has imposed an indefinite ban on the deployment of workers to Jordan because of growing reports of maids being mistreated and abused there, officials said Wednesday.

Ban Imposed
The ban took effect Monday on the order of Labor Secretary Arturo Brion, said Rosalinda Baldoz, head of the Philippine Overseas Employment Administration. "I received an order to stop the deployment of (workers) to Jordan, and this is because of the growing number of Filipinos in distress," Baldoz told a press conference. She said the country's labor attache in Jordan has reported that between 120 and 150 Filipino workers, mostly maids, have fled their employers and sought refuge at a Philippine-run center in Amman.

The ban is only for newly hired workers and does not apply to workers returning to "good-standing" employers in Jordan, Baldoz added.

There are 16,274 Filipinos currently working in Jordan. Some 8 million Filipinos -- or nearly 10 percent of the Philippines' population of about 90 million -- work overseas. Aside from Jordan, the Philippines has also banned the deployment of workers to Nigeria, Lebanon, Iraq and Afghanistan.

From GMA News:

Jordan Government Uninformed of Ban
Jordanian labor ministry officials said Wednesday that the Philippine government did not inform them of the decision to ban the deployment of Filipino domestic workers to Jordan. A report by the Jordan Times said that Labor ministry secretary general Majed Habashneh met with Philippine ambassador to Jordan on Wednesday to discuss the issue on abuse that resulted in dozens of Filipino workers seeking refuge at the embassy.


The Parliament Building in Amman, Jordan

In that meeting, ministry officials reminded the Philippine ambassador of the importance of coordination in addressing the workers’ complaints in a way that is beneficial to all parties involved, the report said. The report quoted Habashneh as saying, "We also briefed the ambassador on the Jordanian domestic helper recruitment agency and the Jordanian employers."

Culture Shock
The Philippine ambassador expressed his understanding and willingness to work for a compromise in the interest of all parties, the report added.

An official of the Domestic Helpers Agencies Association (DHAA) said that most common complaints of the workers were ill-treatment and work overload. But the DHAA believed that the real reason why the helpers wanted to leave their employers were homesickness and cultural differences between Jordan and the Philippines.

The group said that since early 2007, a total of 200 Filipino domestic helpers, on several occasions, sought refuge at their embassy, and that majority them had been working in Jordan for less than a year.

History of Abuse
In 1990, the Philippines also imposed a deployment ban to Jordan due to high cases of maltreatment and exploitation committed by Jordanian employers.

However, in 2005, the labor department ordered the lifting of the ban with the opening of a Philippine Overseas Labor Office in Amman and the implementation of a “special work contract" which provides liberal welfare provisions to foreign household service workers.

The Philippines Department of Foreign Affairs and the Overseas Workers Welfare Administration are preparing for the possible repatriation of the 120 to 150 distressed OFWs in Jordan.

Links:

1) Why is international labor migration important to the Philippines (and developing countries around the world)?

2) How does international labor migration relate to trafficking?