Tricked and Trapped: Human Trafficking in the Middle East, ‎pdf 4.1 MB

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