Migrant Domestic Workers

1
MIGRANT WORKERS AND FORCED LABOUR
2
MODERN FORMS OF FL

• Linked to the processes resulting from
  globalisation, have appeared new forms of FL, in
  the context of
• - migration
• - migratory domestic labour,
• - trafficking in human beings
• (undersides of globalisation)

3
EXPLOITATION AND MIGRATION

• Migrant workers
• are often the most severely exploited workers in
  a receiving country
• even with legal residence and legal employment
  contracts, can be subjected to various forms of
  exploitation and coercion that may lead, at the
  extreme, to conditions of FL
• irregular migrants are often without any rights
  in the country of destination and exposed to
  higher levels of vulnerability and exploitation
• female and child migrant workers are further
  exposed vulnerability and exploitation

4
EXPLOITATION AND MIGRATION

• Migrant workers
• are not necessarily foreigners, intra-national
  migrants can be as vulnerable to FL than
  international migrants
• the critical factor is to be outside the native
  element, without a social network, and in an
  environment which is unfamiliar
• (legally, geographically, economically,
  culturally)

VULNERABILITY
5
EXPLOITATION AND MIGRATION THE DYNAMIC

• Origin zones/countries
• . declining employment opportunities,
• . consumer aspirations,
• . growing incentives to migrate
• Destination zones/countries
• . persistent demand for labour force willing to
  accept low-paid and insecure jobs
• . nationals of these countries are reluctant to
  do the 3D (difficult, dirty and dangerous) jobs

6
EXPLOITATION AND MIGRATION THE DYNAMIC

• Destination zones/countries
• . Place more and more barriers in the way of
  lawful and regular migration
• . Criminal elements there, sense the opportunity
  to make large profits
• - some charge huge sums for moving migrants
  unlawfully across borders (smuggling)
• - other use range of coercitive and deceptive
  practices to obtain further profits at the
  destination

7
EXPLOITATION AND MIGRATION THE DYNAMIC
Smuggling of migrants the procurement, in
order to obtain, directly or indirectly, a
financial or other material benefit, of the
illegal entry of a person into a State Party of
which the person is not a national or a permanent
resident . material benefit usually
financial- . recived for getting a person into a
country illegally . does not necessarily involve
exploitation . is a consensual relationship
between the person to be transported and the
person from whom the transportation is being
purchased. . involves crossing a border
Protocol against the Smuggling of Migrants by
Land, Sea and Air, supplementing the United
Nations Convention against Transnational
Organized Crime, 15.11.2000
8
FL AND MIGRATION
Indecent
o
9
FL OUTCOMES OF MIGRATION AND EXPLOITATION

1. With the exception of coerced sex workers and
   other minor cases, FL at is origin is not the
   result of a physical constrain (violence)
2. Migrant frequently enter destination countries of
   their own volition /on a voluntary basis (but
   still highly vulnerable)
3. The circle of deception closes once in the
   destination area documents are withdrawn,
   conditions of work/employment changed, wages left
   unpaid, induced indebtness through advances-,
   workers are then subject to coercion, restriction
   of movement and physical abuse
4. Corruption and racketeering also play a major
   role in perpetuating the vulnerability of
   irregular migrant workers (risk of deportation)

10
FL OUTCOMES OF MIGRATION AND EXPLOITATION

• v) Victims are very reluctant to denounce FL
• (illegal status, weak protection schemes, thus
  victims have little incentive to cooperate with
  law enforcement agencies)
• vi) FL occurs predominantly in sectors with a
  high degree of informal labour relations and long
  subcontracting chains (many middlemen)
• The lack of information on job offers abroad and
  the dependence of migrants on private
  intermediaries are a key factors behind FL
  situations. Intermediaries play an important role
  at both ends of the exploitative cycle.

11
REGULATION RECRUITMENT PROCESS
Deception tends to come only at a later stage,
where migrant become trapped in a situation of
FL Regulating recruitment through
institutions such as private employment agencies
can help to ensure that migrant workers get the
right information very early to avoid dangers and
risks. - Tight Licensing - Codes of
conduct - Ceiling on fees - Issuance of
model employment contracts - Competition -
Enforcement
12
TARGETING THE VULNERABILITY

• By ensuring that migrant workers
• have the right to organize
• have access to regular and, where necessary,
  special mechanisms for labour law enforcement
• have access to transportation for return home
  and
• become knowledgeable of local rules and
  regulations concerning their legal status and
  rights.