Global Forum on Migration and Development Civil Society Days, Side event on the Migrant Domestic Workers, Statement by the UN Special Rapporteur on the human rights of migrants, François Crépeau

Stockholm, 13 May 2014

States have always had an obligation to protect the rights of migrant workers and in this case, the rights of migrant domestic workers. However, in many instances, migrant domestic workers’ rights, the majority of whom are women, have not been protected because their work takes place in the “private sphere” which is often not recognised as part of the labour market.

International human rights law applies to all human beings, without discrimination, including based on their status as migrants. Migrant domestic workers benefit from the rights outlined in core international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (art. 8), the International Covenant on Economic, Social and Cultural Rights (art. 7 on just and favourable conditions of work), the Convention on the Rights of the Child (arts. 19 and 32), and the Convention on the Elimination of All Forms of Discrimination against Women (art. 11 on women’s right not to be discriminated in the field of employment).

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was developed in response to the growth of labour migration flows. It expressed the international recognition of the particular precariousness and human rights violations that migrants face because they are not yet seen as rights-holders in the country of destination.

In its General Comment No. 1 (2011) on migrant domestic workers, the Committee on Migrant Workers identified practices that increase the risk of abuse and exploitation in the workplace for migrant domestic workers, including “dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants’ workplace may also be their only shelter”. The precariousness is aggravated for migrant domestic workers who are in an irregular situation, as they often risk deportation if they contact State authorities to seek protection from an abusive employer.

At the regional level, the Council of Europe has shown leadership in taking up the issue and has taken the view that, in some situations, migrant domestic workers become domestic slaves. In its recommendation 1663 (2004), the Parliamentary Assembly of the Council of Europe expressed dismay that slavery still exists in Europe, while highlighting that “today’s slaves are predominantly female and usually work in private households, starting out as migrant domestic workers, au pairs or ‘mail-order brides’” and made recommendations to protect domestic workers from domestic servitude.

The UN Commission on the Status of Women has called on member States to develop measures to prevent the labour and economic exploitation and sexual abuse of girls employed as domestic workers, and to ensure that they have access to education and vocational training, health services, food, shelter and recreation.

The Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance urges States to pay special attention to protecting people engaged in domestic work (par. 67).

In 2011, domestic work was universally recognised as work when the ILO Convention 189 on Decent Work for Domestic Workers was adopted. Articles 8 and 15 make specific reference to the protection of the rights of migrant domestic workers. To date, Convention 189 has had 13 ratifications and is in force in 7 countries.

While encouraging the ratification of CMW and ILO Convention 189, it is important to stress that all the other human rights treaties also apply to all migrants, including those in an irregular situation, including domestic workers, and States already have the responsibility to fully respect, protect, and promote the rights of migrant domestic workers.

Domestic work is widely seen as work in the “private sphere”, a socially constructed place where labour relationships are considered beyond State or social control. As in other gendered relationships, domestic work is deliberately made invisible to public scrutiny.

Migrant domestic workers, especially live-in workers, are placed in a very precarious situation as their workplace is in a private household, behind closed doors and out of the public eye, rendering them invisible. They are thus physically isolated, which makes it difficult for them to take collective action. They are frequently unregistered, and form part of the informal labour market. The frequent abuse against migrant domestic workers is further aggregated by the lack of labour inspections in private households. Migration sponsorship programmes may severely constrain the ability of the migrant worker to escape abuse.

I have met with domestic workers who have been victims of physical, psychological and sexual abuse. They also reported poor working and living conditions, including excessive working hours, sometimes without meal or rest breaks, no weekly days off, not being given sufficient quality food, not being paid for several months, and having their passports confiscated. Migrant domestic workers also suffer threats and intimidation, including that their employer will not renew their visa, have them deported, make false allegations to the police about them stealing from the household, or being thrown out into the streets. Many domestic migrant workers may have difficulty finding support systems, and they generally don’t understand the particulars of their legal situation. Under the kafala system I observed in Qatar, migrant workers who leave their sponsor-employer may be declared “runaways” and allowed neither to leave the country nor to find another job in order to repay their debts: they are effectively “stuck” in a lose-lose situation.

The right to change employer is instrumental in facilitating the escape of migrant domestic workers from exploitative and abusive situations. It is important for abused domestic workers to receive support and assistance and be able to file a complaint against their employer and seek work with another employer without facing the risk of being deported. Consequently, migrant domestic workers who wish to leave their employers, due to abuse, exploitation or other forms of ill treatment, should not be treated as irregular migrants facing the risk of arrest, detention and deportation, but rather as workers in need of empowerment tools and effective protection.

In the face of the social construction of a precarious environment for domestic work, what is important is to empower domestic workers to fight for their own rights, by ensuring that they have access to the information and the protection mechanisms they need.

In conclusion, I would like to state a few practical recommendations about empowerment, taken from my country and thematic reports, as to what migrant domestic workers need:

Only by empowering migrants to speak for themselves can we hope to have their voice heard and their rights respected.

Many thanks for your kind attention.
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