Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

More documents

Recommendations

Info

CHAPTER 5: A WAY FORWARD Comprehensive reform detailed below will only be possible if all Governments in the Middle East allow for social dialogue and representation of both national and migrant workers. The absence of the right to freedom of association in certain countries of the region currently denies workers adequate representation and prevents them from representing themselves and ensuring that their voices and interests are heard. Governments should allow for freedom of association and collective bargaining as a prerequisite for creating a more viable and just society. This chapter sets out recommendations for technical cooperation among ILO constituents and partners to respond to the phenomenon of trafficking and forced labour in the Middle East. 5.1. IMPROVING LABOUR MIGRATION GOVERNANCE An ambitious, but essential, element of a reform programme to combat human trafficking is a rethinking of labour migration governance in the major countries of destination in the Middle East. Reforming the kafala system would lead to better protection of the human and labour rights of migrant workers, as the current system leaves work and residency permits in private hands, thereby granting undue power over workers to employers. Human trafficking in the region is mostly linked to a process of “labour migration gone horribly wrong in our globalized economy”. 1 A viable alternative to the kafala system is to empower ministries of labour to oversee the recruitment process in coordination with countries of origin, acting as a clearing house for complaints by migrants and employers, verifying allegations of mistreatment and ensuring appropriate action is taken. A department to oversee temporary contractual labour could be set up by the Ministry of Labour which employers could approach for the recruitment of workers. Governments could also 1 J. Chuang: “Beyond a snapshot: Preventing human trafficking in the global economy”, in Indiana Journal of Global Legal Studies (2006, Vol. 13, No. 1, Winter), p. 138. 151
consider mandating ministries of labour to take responsibility for promoting and developing the welfare of all workers, including domestic workers, and ensuring respect for work-related benefits and rights. Governments and social partners could use the relevant ILO Conventions – the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) – in formulating national frameworks that comprehensively define the rights of migrant workers, and ensure the principles of equal treatment, equality of opportunity and non-discrimination. The 1990 United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families has further elaborated and expanded on these rights. Together, these three Conventions define a comprehensive charter of migrant rights and provide a legal basis for national policy and practice on migrant workers. Policy reformers may also draw upon the non-binding ILO Multilateral Framework on Labour Migration – a unique compendium of principles, guidelines and good practices on migration negotiated by ILO’s tripartite constituents – in designing and improving their policies for better governance and protection of migrant workers. 2 5.2. EXTENDING LEGAL COVERAGE OF VULNERABLE GROUPS The ILO stands ready to provide technical support to constituents and social partners to improve legislative coverage. Currently there is a major coverage deficit, as certain categories of workers, such as domestic and agricultural workers, are excluded from the labour law. Moreover, in many countries where migrant workers are covered under the labour law, they do not benefit from the same rights as national workers. By addressing this type of discrimination in employment and occupation, governments and social partners would ensure the wider observance of principles of equal treatment and equal opportunity. To better protect all migrant workers, and in parallel with reform of the labour law (although not as a substitute for legal reform), governments and social partners could also consider revising the standard employment contracts in order to conform more closely with international standards. Model employment contracts can be an effective mechanism to protect migrants and prevent exploitation. Good contracts will make explicit reference to all minimum standards that apply with respect to minimum wages, hours of work, leave entitlements, benefits provided, safety and health, and right of representation. As highlighted in this study, standard employment contracts currently used in the Middle East lack important provisions, such as the right 2 ILO: Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration (Geneva, 2006). 152
Page 1 and 2:
In collaboration with TRICKED AND T
Page 3 and 4:
Copyright © International Labour O
Page 5 and 6:
officials, worker and employer repr
Page 7 and 8:
3.3.2. Recruitment 101 3.3.3. Work
Page 9 and 10:
MoJ MoL MWPS MoSAL NCCHT NCT NGO NH
Page 11 and 12:
LIST OF TABLES Table 2.1. Dimension
Page 13 and 14:
The realization of this research pr
Page 15 and 16:
In an effort to fill gaps in unders
Page 17 and 18:
There have also been cases of anima
Page 20 and 21:
CHAPTER 1: FRAMING THE ISSUE 1.1. D
Page 22 and 23:
People trafficked for any of the ex
Page 24 and 25:
1.2. GLOBAL DEBATES ON HUMAN TRAFFI
Page 26 and 27:
processes by which migrant workers
Page 28 and 29:
Concerted efforts have been made to
Page 30 and 31:
documented abuses against domestic
Page 32 and 33:
CHAPTER 2: METHODOLOGY 2.1. RESEARC
Page 34 and 35:
Table 2.1. Dimensions of forced lab
Page 36 and 37:
Table 2.4. Indicators of impossibil
Page 38 and 39:
2.2. OVERVIEW OF DATA COLLECTED In
Page 40:
Having said that, the Middle East i
Page 43 and 44:
individuals who voluntarily agree t
Page 45 and 46:
3.1.2. Recruitment of domestic work
Page 47 and 48:
domestic worker explained, “many
Page 49 and 50:
An official from the NGO KAFA went
Page 51 and 52:
Another Filipina explained the supp
Page 53 and 54:
In Jordan, an official from Tamkeen
Page 55 and 56:
workers supported by the NGO report
Page 57 and 58:
on the balcony. When it got cold, I
Page 59 and 60:
3.1.4. Impossibility of leaving Wor
Page 61 and 62:
Legally, the domestic worker has li
Page 63 and 64:
embassy three times to make an emer
Page 65 and 66:
given that it is not easy for a mig
Page 67 and 68:
Analysis of the information provide
Page 69 and 70:
country, or whose relatives are dec
Page 71 and 72:
3.2.2. Recruitment Recruitment of d
Page 73 and 74:
to provide sexual services. Most of
Page 75 and 76:
The research team was unable to int
Page 77 and 78:
Box 3.9. A press report of traffick
Page 79 and 80:
explained that in 2010 there were b
Page 81 and 82:
There are conflicting views over th
Page 83 and 84:
one nightclub owner in Amman. 144 T
Page 85 and 86:
2011, three minors and three adult
Page 87 and 88:
Many reports confirm the interlinka
Page 89 and 90:
Some claim that the situation of ar
Page 91 and 92:
finish working, especially Tunisian
Page 93 and 94:
Investigations carried out by the I
Page 95 and 96:
Detention of women accused of prost
Page 97 and 98:
Lack of any economic and social alt
Page 99 and 100:
3.3. OTHER ECONOMIC ACTIVITIES 3.3.
Page 101 and 102: Table 3.3. Overview of four process
Page 103 and 104: Indeed, many of those interviewed w
Page 105 and 106: workers, often requiring them to ta
Page 107 and 108: not suitable for the position so th
Page 109 and 110: The case of seafarers Stories emerg
Page 111 and 112: personnel from the ports to offshor
Page 113 and 114: of destination often happen through
Page 115 and 116: and we will find him a new job”.
Page 117 and 118: Degrading living and working condit
Page 119 and 120: Ministerial Decree 1186 (2010) was
Page 121 and 122: Retention of personal documents Lac
Page 124 and 125: CHAPTER 4: REGIONAL RESPONSES TO HU
Page 126 and 127: In Lebanon, the Government ratified
Page 128 and 129: trafficking efforts in the seven em
Page 130 and 131: stipulating that employers must giv
Page 132 and 133: In Kuwait, in the absence of a spec
Page 134 and 135: 4.1.5. Prosecution of human traffic
Page 136 and 137: Box 4.1. Ending the use of child ca
Page 138 and 139: 4.2. STRENGTHENING THE INSTITUTIONA
Page 140 and 141: order management officers at the ai
Page 142 and 143: government action has, however, bee
Page 144 and 145: Box 4.3. Ending forced labour in th
Page 146 and 147: among migrant workers and no protoc
Page 148 and 149: to the needs of their citizens. The
Page 150 and 151: Dialogue in 2008 to promote a colla
Page 154 and 155: to legally terminate a contract aft
Page 156 and 157: 5.3.2. Taking measures to reduce vu
Page 158 and 159: attention also needs to be given to
Page 160 and 161: with new skills, which will make it
Page 162 and 163: ANNEX: LIST OF STATES PARTIES TO KE
Page 164 and 165: BIBLIOGRAPHY National legislation B
Page 166 and 167: Lebanon Labour Code, 1946. Law on E
Page 168 and 169: International Convention on the Pro
Page 170 and 171: The Economist. 2010. “Little bett
Page 172 and 173: —. 2006. Multilateral Framework o
Page 174 and 175: —. 2011b. Qatar’s ambitions for
Page 176 and 177: —. 2010. The international legal
Page 178 and 179: Transient Workers Count Two. 2012.
Page 180: This regional study sheds light on
show all

Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

Create successful ePaper yourself

Delete template?

Save as template?