UNIFEM-CEDAW Panel on Addressing Women Migrant Workers

<strong>UNIFEM</strong> Regional Programme on Empowering Women Migrant Workers in Asia<strong>UNIFEM</strong> - <strong>CEDAW</strong> <strong>Panel</strong>on Addressing Women Migrant WorkersConcernsNew York, July 2003The views expressed in this publication are those of the authors and do notnecessarily represent the views of <strong>UNIFEM</strong>, the United Nations or any of itsaffiliated organizations.<strong>UNIFEM</strong> - <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ ConcernsNew York, July 2003© The United Nations Development Fund for Women

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 2Table of ContentsOpening Remarks and MessagesOpening RemarksKunzang Chungyalpa, Chief, Asia-Pacific and Arab States Section, <strong>UNIFEM</strong> 4MessagesChristine Brautigam, Chief, Women’s Rights Section, United Nations Division for theAdvancement of Women5Rosario Manalo, <strong>CEDAW</strong> Committee Member and focal point on Migration 7PresentationsAddressing Human Rights Violations Against Women Migrant Workers through <strong>CEDAW</strong>10Ms. Gabriella Rodriguez Pizarro, United Nations Special Rapporteur on the Human Rights ofMigrantsHuman Rights Protections Applicable to Women Migrant WorkersLee Waldorf, <strong>CEDAW</strong> Advisor, <strong>UNIFEM</strong>15Creative Practices and Continuing Challenges in Addressing Migration: The <strong>UNIFEM</strong> RegionalProgramme on Empowering Women Migrant Workers in Asia and other Initiatives21Dr. Jean D’ Cunha, Regional Advisor/Programme Manager, <strong>UNIFEM</strong> Asia-Pacific and ArabStates Regional Programme on Empowering Women Migrant Workers in AsiaOpen ForumDiscussion between <strong>CEDAW</strong> Committee Members and <strong>Panel</strong>listsModerator: Ms. Feride Acar, Chair, the <strong>CEDAW</strong> Committee43OutcomesOutcomes of the <strong>UNIFEM</strong>- <strong>CEDAW</strong> <strong>Panel</strong> 44

Opening RemarksandMessages

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 4Opening RemarksKunzang Chungyalpa, Chief, Asia-Pacificand Arab States Section, <strong>UNIFEM</strong>I would like to warmly welcome the <strong>CEDAW</strong>Committee members, the Division for theAdvancement of Women, the SpecialRapporteur and friends from ILO, IOM, OHCHRand other agencies who are here today.The idea of holding this panel discussionemerges from <strong>UNIFEM</strong>’s work on empoweringwomen migrant workers in the Asia-Pacificand Arab States region. In implementing theprogramme over the past two years, the needto explore appropriate legislative frameworksbecame evident.Given the trans-boundary nature of theproblem, we thought it necessary to exploreglobal human rights frameworks andinstruments that might be applicable to theconcerns of women migrant workers. <strong>UNIFEM</strong>consequently undertook a comprehensivereview, the report of which has been sharedwith you.treaty bodies that might be applicable, andsome of the emerging approaches andinnovative practices to address the issue.We are conscious that other agencies like ILOand IOM, have been working on migrantworkers issues for some time. We hope thatthis panel discussion will provide a venue forsharing experiences and expertise between awide range of agencies and human rightsmechanisms.We are fortunate that the Special Rapporteuron the Human Rights of Migrants has beenable to make a key note presentation andcontribute her expertise.We thank Dr. Feride Acar, Chair of the <strong>CEDAW</strong>Committee, who has kindly agreed tomoderate this panel. I am happy to turn theproceedings over to her.In light of the Committee's increasing interestin the protection of women migrant workers,we thought it important to share with theCommittee the results of the study and ourfield-based programme experiences so as tobenefit from the Committee's guidance.At today’s panel discussion we will hear aboutthe challenges faced by women migrantworkers, about the core human rightsstandards and recommendations by variousKunzang Chungyalpa

Page 5<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Message:Christine Brautigam, Chief, Women’sRights Section, United Nations Divisionfor the Advancement of WomenThe United Nations Divisionfor the Advancement ofWomen (DAW) has beenworking for quite a numberof years on a particularChristine Brautigamaspect of migration, namelyviolence against women migrant workers.In 1996, it organized an expert groupmeeting on this subject which elaboratedrecommendations to the General Assemblyon how to better coordinate the efforts of thevarious United Nations agencies and developconcrete indicators as a basis for determiningthe situation of women migrant workers.In the past decade, the Division has regularlyreported to the General Assembly on thistopic. The next report in this series(A/58/161) will be before the fifty-eighthsession of the General Assembly in the fall of2003 and will cover measures taken bymember states, entities of the United Nationssystem and other intergovernmentalorganizations to address violence againstwomen migrant workers.The issue of migrant workers has also beenaddressed by the Division in its 1999 WorldSurvey on the Role of Women inDevelopment, which focused on globalization,gender and work. In particular, the WorldSurvey looked at the feminization ofmigration brought about by globalization andrecommended the adoption of policies toenhance gender equality and mobility oflabour, including the provision of job-searchassistance to women wishing to migrate fromrural to urban areas and overseas.Women wishing to migrate in search of betterliving conditions often find themselvesvictims of exploitation, ill-treatment andtrafficking. Thus, there is a need to furtherexplore the link between migration andtrafficking and address the two issuesaccordingly, with a particular focus on thenecessity to protect women from all forms ofviolence, irrespective of their immigrantstatus.In the past two years, the Division has beenparticularly active on the issue of traffickingagainst women and girls. In November 2002the Division, in collaboration with the UnitedNations Office on Drugs and Crime (UNODC),organized an Expert Group Meeting on“Trafficking in Women and Girls”, which tookplace in Glen Cove, New York.The Expert Group Meeting adopted a numberof recommendations to combat trafficking inwomen and girls and also addressed theissue of safe migration. The results of theExpert Group Meeting were presented to theforty-seventh session of the Commission onthe Status of Women (CSW), 3-14 and 25March 2003, which considered the theme“Women’s Human Rights and the Eliminationof All Forms of Discrimination against Womenas defined in the Beijing Platform for Actionand the outcome document of the twentythirdspecial session of the General

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 6Assembly”.They were also presented to the twelfthsession of the Commission on CrimePrevention and Criminal Justice, May 2003,which held the thematic discussion on“trafficking in human beings, especiallywomen and children”.As a follow-up to the Expert Group Meeting,the Division, in collaboration with the UnitedNations Office on Drugs and Crime and theUnited Nations Office of the HighCommissioner for Human Rights (OHCHR) isworking on the preparation of a publicationon best practices against trafficking inwomen and girls, addressing policy makersand practitioners.“Women wishing tomigrate in search ofbetter living conditionsoften find themselvesvictims of exploitation,ill-treatment andtrafficking”Photo courtesy: Bangkok Post

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 8homes – is that they are exposed to a widerange of harms with little or no real way toobtain protection from the State.The women who migrate for work aremotivated by the need to support themselvesand their families when their local economiescannot. They are making tremendouscontributions, most immediately to theirfamilies, but also to their communities, andeven to their national economies. In manycases the money they send home is the onlything that protects a whole network of peoplefrom abject poverty. And in the countries inwhich they work, they are often providingservices which nationals are unwilling toprovide.Despite the remarkable contributions and thesacrifices migrant women workers make, thisis one of the groups of women whose rightsare most often denied and violated.Photo: Mohammad ZainuriThe current situation of migrant womenworkers is one of the more negative sides ofglobalization, but this challenge can be metby one of globalization’s brighter sides – theincreasing recognition and implementation ofinternational human rights standards.“The challenge of addressing concerns ofwomen migrant workers can be met by one ofglobalization’s brighter sides –the increasingrecognition and implementation ofinternational human rights standards”.

PresentationsPhoto courtesy: Asian Migrant Centre, Hong KongPhoto courtesy: <strong>UNIFEM</strong> Jordan OfficePhoto: Mohammad ZainuriPhoto: Nick Rain

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 10Addressing Human RightsViolations Against WomenMigrant Workers through<strong>CEDAW</strong>Ms. Gabriela Rodríguez Pizarro, UnitedNations Special Rapporteur on theHuman Rights of MigrantsVulnerability of Women Migrant WorkersDistinguished experts and participants, onseveral occasions I have expressed concernat the vulnerability of poor migrant womenand the abuse and violation of their humanrights. This includes violence, racialdiscrimination and xenophobia at all phasesof the migration process. Migrant womenpredominantly work in the informal labourmarket and migrant domestic workers findthemselves in situations of specialvulnerability as many are undocumented.Due to the “hidden” character of domesticwork, abuse is less visible and the employeeis extremely dependent on the employer.Since domestic work is generally not legallyregulated, the terms and conditions of workare often unilaterally established by theemployer. In addition to abuse anddiscrimination arising from their immigrationstatus, national origin and their lower statusjobs, women migrants are too frequentlyvictims of violence, including sexual assaultat the work place. In many countries,workers’ residence permits are held by theemployer and are withdrawn if the migrantOn the right: Ms. Gabriela Rodríguez PizarroPhoto: Migrants Rights International, Genevaworker quits or changes job, making migrantwomen entirely dependent on theiremployers.Migrant women are also particularlyvulnerable to trafficking by criminal networks.Restrictive immigration or emigration policiesand lack of information and opportunitiesoften lead migrants to cross borders illegallywith the help of criminal networks. Womenare cheated by traffickers who promise easymoney abroad. Once persuaded, the womenare transported through irregular channels toa foreign country where – more often thannot – they are abused, forced into the sexindustry or obliged to work as domesticworkers in slave-like conditions.Overt forms of violence – rape, torture,arbitrary execution, deprivation of liberty,forced labour and forced marriage – areperpetrated against women who are simplyseeking to exercise their freedom ofmovement. It is disturbing that in many casescorrupt officials facilitate the smuggling andtrafficking of women.Another concern is that certain countriesgrant special visas to women recruited by

Page 11<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003employment agencies to travel abroad forwork as so-called “entertainers” in night clubs.These women are forced to perform degradingwork and are sexually exploited in the countryof employment.Some States enact progressive and protectivemeasures, including mandatory registrationand insurance coverage. Nonetheless, womenmigrant workers are increasingly in vulnerablesituations, subjected to abuse and in somecases death. Administrative measures tocontain irregular migration pay no attention tothe individual history of migrants. Often thereare no specific provisions regarding thedetention of pregnant women, children andother vulnerable groups. They are detained inconditions that often violate basic humanrights that are detrimental to their physicaland mental health.The lack of automatic mechanisms for judicialor administrative review of the lawfulness ofdetention is always coupled with the lack ofother procedural safeguards such as access tointerpreters and lawyers, the right to beinformed of the grounds for detention andappeal mechanisms and the right to informconsular or embassy representatives. TheUNHCHR has also received numerouscomplaints alleging mistreatment and sexualabuse of migrants during the process ofdeportation and/or repatriation.<strong>CEDAW</strong> and Migrant WomenThe Convention on the Elimination of All Formsof Discrimination Against Women (<strong>CEDAW</strong>)deals with some of the issues raised above.For example, the <strong>CEDAW</strong> Committee hasexpressed concern at certain practices andlegal labour provisions that could lead todiscrimination against women workers onreproductive health and maternity issues. TheCommittee has reviewed the measures Statesuse to combat trafficking and exploitation, andPhoto courtesy: Bangkok Post

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 12Conclusions and Recommendations“...there is a strongneed for clear andcomprehensivestandards governingthe rights of noncitizens…”it has raised issues of discrimination withregard to nationality laws, access toeducation and the employment of migrantwomen.The <strong>CEDAW</strong> Committee has also raised theissue of the discriminatory consequences ofage limits for spousal reunificationimplemented by some countries, and hasexpressed concern at the forced repatriationof unsuccessful asylum seekers and rapeand/or other atrocities.The Committee has also expressed concernat the lack of systematic data collection onviolence against women, including domesticviolence, violence in detention centres andprisons and sexual harassment at theworkplace and in other institutions. In somecountries no specific legislation has beenenacted to combat domestic violence andsexual harassment. The <strong>CEDAW</strong> Committeehas expressed concern at this as well as atthe limited information on trafficking inwomen and girls and the exploitation ofwomen in prostitution.The basic principle of human rights is that allpersons should by virtue of their essentialhumanity enjoy the same rights, with nodistinctions except minor legal differencesbetween citizens and non-citizens in aparticular country. However, many Statescontinue to make significant distinctionsbetween citizens and non-citizens withrespect to civil, political, economic, social andcultural rights. In the absence of aninternational obligation on any country toadmit non-nationals into their territory, thereis a strong need for clear and comprehensivestandards governing the rights of non-citizensto be implemented by governments and foran effective monitoring of compliance.<strong>CEDAW</strong> provisions are very relevant in thisregard, not only for ensuring the rights ofwomen living regularly in the territory of aState, but also to prevent irregular migrationand to combat trafficking. Gender inequality,discrimination, human rights violations andextreme poverty are some of the push factorsfor the migration of women. Addressing theseissues would help address the problem ofirregular migration.A first recommendation would therefore be toask countries of origin for information onmeasures taken to address the causes ofirregular migration, or of massive migrationflows.Particular attention should be given tomeasures undertaken by states of origin,transit and employment to prevent traffickingin women, to combat corruption among

Page 13<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003“I would like to invite the <strong>CEDAW</strong>Committee to consider introducing aGeneral Recommendation onMigrant Women”officials, and to strengthen nationallegislation to protect victims and prosecuteperpetrators. States should also takemeasures to prevent illegal or irregularrecruitment that render women vulnerable totraffickers and slavery-like conditions.It is important to review efforts undertaken bystates to ensure access to medical treatmentand education for migrants and their children.Other issues of relevance are: measuresundertaken to combat negative stereotyping,racial discrimination and xenophobia againstmigrant women; efforts to ensure fairapplication of labour standards; measures tofavour reintegration by both states of originand destination (transfer of remittances, localdevelopment, micro-credit); and measures toensure family reunification. It is alsoimportant to pay particular attention to thetreatment of irregular migrant women,including girl-children, especially in the eventof detention and deportation.crucial in order to discuss old and new trendsand to study ways and means to combatdiscrimination and violence against migrantwomen. I would like to invite the <strong>CEDAW</strong>Committee to consider introducing a GeneralRecommendation on migrant women. Thiscould be an independent comment or a jointeffort with other Committees. The CERDCommittee is ready to begin working towardan updated General Recommendation on therights of non-citizens.Finally I would like to recommend strong cooperationbetween the <strong>CEDAW</strong> Committeeand the soon-to-be-established Committee onthe Convention for the Protection of theRights of All Migrant Workers and Members oftheir Families. This is an important firstopportunity for dialogue and we should allstand ready to strengthen co-operation.It is crucial to strengthen our co-operation.For example, it would be extremely useful toshare information on a regular basis,including on good practices, to support andstrengthen one another’s recommendationsand conclusions, and make them moreaction-oriented. Communication is also

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 14End Notes(i) An overview of the violations to whichmigrant women are vulnerable is available inthe addendum to my last report to theCommission summarizing communicationsfrom and to Governments(E/CN.4/2003/85/Add.1).(ii) For example, the <strong>CEDAW</strong> Committeeexpressed concern that foreign marriedwomen with temporary residence permits inDenmark who experience domestic violenceface a worsened situation after a July 2002amendment to the Aliens Act. Thisamendment changes the required number ofyears of residence from three to seven beforea permanent residence permit may beobtained. This may therefore dissuadevictims of domestic violence from leavingtheir abuser. The <strong>CEDAW</strong> Committeerecommended that revocation of temporaryresidence permits of foreign married womenwho experience domestic violence andlegislative changes on residencyrequirements should not be undertakenwithout a full assessment of the impact ofsuch measures. The Committee, afterwelcoming the legislative reforms introducedby Tunisia to eliminate discrimination againstwomen, was still concerned about theremaining discriminatory provisions,especially in the nationality law. TheCommittee expressed concern that althoughthe Constitution provides for the equality ofall citizens and the 1997 amendment to theConstitution introduced the concept of nondiscriminationwith regard to political parties,it does not contain a specific definitionprohibiting discrimination against women andthere is no definition of such discrimination inaccordance with Article 1 of the Convention,which prohibits both direct and indirectdiscrimination.(iii) For all the issues mentioned above Iwould like to stress that my next report to theGeneral Assembly will contain specificrecommendations as well as some goodpractices. Detailed information on situationsthat increase women’s vulnerability will beprovided, as well as successful and lesssuccessful measures implemented by avariety of actors to address problems.Photos: Nick Rain

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 16to exploitative terms of work, restrictions onfreedom of movement, and gender-basedviolence in the workplace.Exploitative terms of workForeign domestic workers encounter arange of difficulties with contracts. Contractsmay be concluded between employersand recruitment agencies alone, givingthe women no protection. There is frequentlya failure to pay on time, or accordingto contract terms, and withholding ofpay for long periods of time. Many foreigndomestic workers have extremely longworking hours, and little or no time off orvacation.One of the primary underlying difficulties isthat in many countries domestic workers donot count as ‘employees’ under the labourcodes. Labour standards therefore do notapply to domestic workers and working conditionsof migrant domestic workers arefrequently unregulated.Even where domestic workers are coveredby the general labour standards, there areoften discriminatory rules that exempt themfrom certain rights, such as the exemptionfrom the requirement for the employer topay overtime and holiday pay, or specificmore onerous terms for domestic workers,such as an exceptional limit on daily workinghours at 10-12 hours or fewer days ofrest than other employees. There is also alack of monitoring of work-place conditionsfor domestic workers.The overall effect of this lack of regulation,and the failure to enforce the regulationsPhoto: Nick Rain

Page 17<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003“The fact that domestic work is often effectivelyoutside the law needs to be understood in thecontext of gender discrimination and thestereotypes associated with domestic work”that may exist, is that the terms of work formany migrant domestic workers is unscheduledavailability at all times – an expectationobviously mirroring stereotyped genderedassumptions about women’s role in thehome. One ILO study found that employers ofdomestic workers often justify the requirementof very long working hours by sayingthat the domestic worker is ‘part of the family.’Not surprisingly, the domestic workersinterviewed felt very differently about this.The fact that domestic work is often effectivelyoutside the law needs to be understoodin the context of gender discrimination andthe stereotypes associated with domesticwork. Domestic work is an employment sectordominated by women. It involves taskswhich are often understood as traditionallyfemale and are often expected to be providedto families by their female members forfree. The effective exemption of domesticworkers from the application of labour standardshas to be understood as both having adiscriminatory impact – as this female sectoris disproportionately left unprotected – butalso a discriminatory origin or intention,rooted in sexual stereotypes associated withthis form of work.Article 11(1) of <strong>CEDAW</strong> is particularly relevantin this context, especially with referenceto ensuring equality of remuneration, benefits,conditions of service, and the right topaid leave.Surveying the measures that are required bythe human rights treaties and have been recommendedby the treaty bodies, there aresome common directions:∗∗Comprehensive studies should be conductedon the working conditions of femalemigrant workers, and on the impactof gender discrimination on these conditions,as the Committee on the Eliminationof all Forms of DiscriminationAgainst Women has recommended in thepast.States that currently exempt domesticworkers from labour regulations shouldinclude them, as the Committee on Economic,Social and Cultural Rights hasrecently recommended.To make these measures a reality, enforcementof standards should be ensured, monitoringshould be conducted regularly, finesshould be imposed and licenses revokedwhere necessary.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 18Restrictions on freedom of movementForeign domestic workers frequently encountersituations in which employers confiscatetravel documents, making it impossiblefor them to leave the country. Many domesticworkers are required to live in thesame home or on the same property astheir employers, and employers often prohibitdomestic workers from leaving thehome alone, or prohibit leaving at all. Someemployers even forbid letters and telephonecalls, and there are instances ofwomen being locked up in rooms of thehome when they are not needed for work.measures to prevent employers from imposingthis high level of restriction of movementon this female dominated occupation,does engage the Convention.It should also be noted that a number of theother treaties, including CERD, the ICESCRand the Migrant Workers’ Convention, containstrong protections regarding freedomof movement. The CERD Committee has inthis year’s concluding comments addressedthis issue directly, commending one statefor taking measures that put an end to thepractice of employers retaining the passportsof foreign domestic workers.Article 15 of <strong>CEDAW</strong> requires that statesensure that men and women have thesame rights under the law relating to thefreedom of movement of persons and thefreedom to choose their residence anddomicile. For the most part of course, theserestrictions are not prescribed by law. Butbased on the substantive model of equalityused by the Convention, and the broaderrequirement to eliminate all forms of discrimination,the failure of the State to take∗∗Measures should be taken to ensurethat employers, employment agenciesand domestic workers themselves areaware that it is prohibited to retain identitydocuments.Measures should be taken by hostcountry governments to end restrictionson movement imposed by private employers.Photo: Nick Rain

Page 19<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Gender-based violence in theWorkplaceWomen migrant workers as a class aregenerally vulnerable to gender-based violenceat all stages of migration – at homewhen being recruited, while in transit andfinally at work. This vulnerability is evenmore pronounced for migrant domesticworkers who often live in close proximityto or in the homes of their employers.In one recent ILO study, half of all of theforeign domestic workers interviewed reportedphysical or verbal abuse. Theheightened vulnerability arises from acombination of dependence on the employer,close living relations with the employerand frequent social isolation. Foreigndomestic workers are exposed to awide range of assaults, from verbal andpsychological abuse, to beatings, to rape,and other forms of torture. Assaults comein the form of ‘punishment’ for poor performance,and sexual assaults are connectedto the broader premise of thewomen’s availability to the employer andfamily members.As the <strong>CEDAW</strong> Committee has clearly articulatedin General Recommendation 19,gender-based violence is a form of discriminationagainst women which is protectedby the Convention. Also, in thatGeneral Recommendation the Committeedirectly targets sexual harassment in theworkplace, and specifically recommendsmonitoring of the employment conditionsof domestic workers.It should be noted that the ICCPR and theICESCR’s sexual equality provisions haveboth been interpreted to include the prohibitionof sexual harassment, and thatthe Migrant Workers’ Convention providesa number of related protections againstviolent and degrading treatment at thehands of private actors. This has alsobeen a concern directly raised with stateparties by CERD. The CERD Committeehas requested, for example, informationon measures the States have taken toprevent the rape and physical assault offoreign domestic workers.The <strong>CEDAW</strong> Committee is quite familiarwith the range of measures that statesmay need to take to protect women fromthese forms of abuse. To highlight just afew that have common support acrossthe treaties:(i) Laws and programmes to preventabuse by employers, which include measuresfor monitoring and penalties;(ii) Ensuring that services are availableand accessible to foreign domestic workers;(iii) Awareness raising for foreign domesticworkers, their employers, and the generalpublic on domestic workers’ right tobe free from violence;(iv) Ensuring that domestic workers areable to obtain legal redress for violations,and know how to access this legal redress.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 20ConclusionThe unregulated nature of much domesticwork is an absolutely critical, crosscuttingconcern for foreign domesticworkers. It has repercussions across theboard for domestic workers, in terms oftheir pay, their hours of work, their mobilityand exposure to abuse and violence.Above all, therefore, there is an urgentneed for effective legal regulation oftheir employment, and the implementationof measures to ensure that theseworkers will be able to effectively claimtheir rights.“In one recent ILOstudy, half of all of theforeign domesticworkers interviewedreported physical orverbal abuse”Photo: Mohammad Zainuri

Page 21<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Creative Practices andContinuing Challenges inAddressing Migration: The<strong>UNIFEM</strong> Regional Programme onEmpowering Women MigrantWorkers in Asia (as of May 2003)and other InitiativesDr. Jean D’Cunha, Regional Advisor/Programme Manager for <strong>UNIFEM</strong> Asia-Pacific and Arab States RegionalProgramme on Empowering WomenMigrant Workers in AsiaIntroduction to the Programme<strong>UNIFEM</strong>’s engagement with women’smigration concerns in Asia began in 1997with <strong>UNIFEM</strong> South Asia’s work withgovernment and non-government partnersin Sri Lanka. Following and building on this,<strong>UNIFEM</strong> launched its Regional Programmeon Empowering Women Migrant Workers inAsia (2001-2004), in countries of originsuch as Nepal, Indonesia, the Philippines,Sri Lanka (as a resource country) andJordan as a country of employment. Theprogramme is being implemented for thefollowing reasons:overseas migrant workforce in Asia,Latin America and elsewhere. In somecountries like the Philippines, Indonesiaand Sri Lanka the numbers of womenmigrant workers outstrip the numbersof male migrants. Women are migratingindependently as temporary economicmigrants, as a family survival strategy.They are being recruited into womanspecificskilled and unskilled jobs in theformal and informal manufacturing andservice sectors, but the heaviestconcentration is at the lower end of thejob hierarchy in domestic work andprostitution, where they suffer grosshuman rights violations.♦ The mainstream discourse andinterventions on migration are notnormally gender sensitive and rights♦ Labour migration is becoming anenduring structural feature of countriesin the Asian Region.♦A new characteristic of overseas labourmigration in Asia is its feminization withwomen constituting 50% or more of the

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 22♦based.<strong>UNIFEM</strong> has a comparative advantageand value added role in addressinggender concerns in migration, given itsmission and mandate to promotegender equality.Partners∗ Governments of countries of origin andemployment;∗ Private sector;∗ Academic and research institutions;We can transform the mainstreamthrough a critical mass of enlightenedwomen and men migrant workers at thecore of mainstream policy making andimplementation.∗ NGOs and migrant workers’associations;∗ The UN and other internationalorganizations such as OHCHR, ILO,UNIAP, IOM, the UN SpecialRapporteur on the Human Rights ofMigrants, the <strong>CEDAW</strong> Committee, etc.Goals and ObjectivesThe Programme seeks to empower womenmigrant workers to claim their rights andthereby reduce feminized poverty andviolence against them.To this end it aims at catalyzing gendersensitive rights oriented policies,institutional and social environments thatensure women migrant workers’ equalopportunities and equal access toresources and benefits as male migrants,throughout the migration cycle.Focus GroupWhile the primary focus group is poorwomen migrant workers, especiallydomestic workers, the programme alsoaddresses policy makers, law enforcementofficials, service providers, NGOs andassociations of migrants.StrategyThe programme:∗ adopts gender sensitive rights baseddevelopment orientation;∗ seeks to promote and protect womenmigrant workers’ rights;∗ takes account of the impact ofintersecting and marginalized identities;class, ethnic, gender and nationality;∗ addresses all stages of migration incountries of origin and employment;∗ uses strategies such as advocacy,capacity strengthening, mainstreaming andpiloting innovative initiatives for replicationand up-scaling;∗ facilitates multi-stakeholder bilateral

Page 23<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003and regional collaboration;∗ forges linkages in activity throughmacro, meso and micro levels and;∗fosters ownership and sustainability.ActivitiesActivities are undertaken at global, regionaland national levels.Global activities are geared towards theeffective implementation of Human Rightsinstruments and currently involve advocacyinitiatives with <strong>CEDAW</strong> Committeemembers, NGOs, and other stakeholdersfor a more effective application of <strong>CEDAW</strong>to the concerns of women migrant workers.The <strong>CEDAW</strong> Convention does not have aspecific Article on migration. This is perhapsbecause feminized migration with itsopportunities and concerns emerged as aconspicuous trend soon after <strong>CEDAW</strong> wasadopted. The absence of an explicit Articleon migration has at times resulted in theexclusion of women migrants’ concernsfrom State Parties’ and NGO reports to the<strong>CEDAW</strong> Committee, where reporting hasfollowed the letter of the law i.e. specificArticles contained in the Convention. Ratherthan looking for solutions in a specificArticle on migration in <strong>CEDAW</strong>, womenmigrants’ concerns can be effectivelyaddressed by drawing on <strong>CEDAW</strong>’sphilosophical and methodologicalframework which is grounded in theprinciples of substantive equality, nondiscriminationand State obligation, therange of <strong>CEDAW</strong> Articles and measuresapplicable to women migrants’ concernsthroughout the migration process, thejurisprudence built up by the <strong>CEDAW</strong>Committee and the Convention’s OptionalProtocol. Besides, the Convention has 178Advocate with States parties andNGOs to report on women migrantworker’s issues under <strong>CEDAW</strong>.Given the Committee’s impressive track record,consistent questioning of governments andconcluding comments by the <strong>CEDAW</strong> Committee onwomen migrant worker’s concerns will catalyzeStates parties and civil society to address theirconcerns more effectively.Dr. Jean D’Cunha, <strong>UNIFEM</strong>.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 24ratifications and is one of the most highlyratified Conventions, ratified by bothcountries of origin and employment. Thismakes it a potent instrument to address theconcerns of women migrants.<strong>CEDAW</strong> related activities include:∗ Research and publications on HumanRights Instruments Applicable to WomenMigrant Workers’ Concerns;∗ Advocacy with governments and NGOs toreport to the <strong>CEDAW</strong> Committee on theconcerns of women migrants and toimplement policies and programmes in linewith the Convention’s human rightsBasic Rights of Migrant WorkersThe Right to:1 Leave any State, including State oforigin and employment2. Livelihood and access to opportunitiesand economic resources in State oforigin and employment.3. Work.4. Just and humane working conditions.5. Fair and equal treatment at work.6. Rest, leisure and participation incultural and recreational activities7. Mobility in the State of employment.8. Protection from inhuman or degradingtreatment or punishment.9. Protection from discrimination andexploitation.10. Life, access to urgent medical careand protection from physical or otherabuse.11. Freedom of association and peacefulassembly, to form associations andunions in the State of employment toprotect migrant workers’ economic,standards and the Committee’s ConcludingComments;∗ Advocacy with the <strong>CEDAW</strong> Committee toaddress the concerns of women migrants inits review of States Parties’ compliance withthe Convention;∗ Advocacy with the <strong>CEDAW</strong> Committee tomake Concluding Comments urging States tointroduce policies and programmes thatembody the human rights standards of theConvention.Regional activities include:♦ networking, brokering linkages acrosscountries and sub-regions for policy dialoguesocial, cultural and other interests.12. Participate in public affairs of theirstate of origin, including voting.13. Be consulted on policies affectingmigrant workers in States of origin andemployment.14. Personal and professionaldevelopment, access to educationaland social services in State of originand employment.15. Recognition everywhere as a personbefore the law.16. Protect, preserve and maintain theunity of the family.17. Sexual reproduction, maternityprotection, reproductive choice andsexual preference.18. Freedom of thought, conscience andreligion.19. Preserve cultural identities and roots.20. Liberty and security of person.(Source: Asian Migrant Centre, Hong Kong)

Page 27<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003and sanctions.♦ is facilitating the establishment andcapacity building of an NGO to work withwomen workers, including migrant womenworkers.NepalRecognizing <strong>UNIFEM</strong> South Asia’s work inSri Lanka, His Majesty’s Government ofNepal requested <strong>UNIFEM</strong>’s assistance inaddressing the concerns of women migrantworkers. In Nepal, where migrationconcerns were not on the governmentpolicy agenda, major breakthroughsresulting from the close collaborationbetween <strong>UNIFEM</strong> and the Department ofLabour and Employment Promotion andother stakeholders represented on aspecially constituted working group are:♦ intense discussion on gender concernsin migration between at least sixMinistries spearheaded by the Ministry ofLabour, placing migration as a priorityconcern on the policy agenda;♦ mainstreaming gender concerns inmigration into the development dialogueand major international human rightsinstruments. These include: the TenthNational Development Plan for Nepal,(2002 – 2007) with budget allocations,the curriculum and activities of academicand media institutions, the National Planof Action on <strong>CEDAW</strong> and the BeijingPlatform for Action;♦a successful week-long multimediacampaign in December 2002 that drewattention to rights violations againstwomen migrant workers, their productiveand concrete government and civil societyinterventions to empower them. Thecampaign resulted in a governmentdecision towards policy reform.♦ a public commitment by the Ministry ofLabour on the 17th January 2003,followed by a Cabinet decision in February2003, to protect and promote the rights ofNepalese migrant workers abroad.Proposals include: lifting the ban onNepalese women migrating to the Gulfcountries to work in the organized sectorsubject to Nepalese embassies indestination countries indicating it wassafe; implementing mandatory predepartureorientation sessions, creating amigrant workers’ welfare fund;establishing embassies in countries withlarge numbers of Nepalese migrantworkers; classifying foreign employmentas a service industry; establishing aLabour Desk at Katmandu's InternationalAirport to provide assistance to migrants,etc.IndonesiaIn Indonesia the <strong>UNIFEM</strong> programme hasbeen working with the local government ofBlitar, East Java, NGOs and communitygroups, including women migrant workers,and has undertaken a pilot project toreform the Perda (provincial law) onmigration from a gender sensitive rightsperspective.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 28This pilot is significant in the context ofdecentralization in Indonesia, as there areattempts to harmonize reformed provinciallaws with the National Bill on Protection ofMigrant Workers, both at a procedural/operational level and in its substantivegender provisions. There are efforts toadapt and introduce the reformed Perda inother districts in East Java.The PhilippinesIn the Philippines, the migrant workers’NGO Unlad Kabayan in partnership with<strong>UNIFEM</strong> has commenced a pilot savingsmobilization and investment scheme for onsiteand returned women migrants. Theinitiative emphasizes the productivecontribution of migrants to destination andsource countries and to their communitiesand families. It advocates for genderresponsive reintegration services (e.g. safechannels to remit savings; facilities forproductive investment), as a right.The savings and productive investment pilotis also envisioned as a developmentstrategy in source sites. This will create anenabling environment that makesreintegration an attractive proposition tomigrants and also has the potential tocontain out-migration. The project has thusfar:♦ conducted savings orientations forreturned women migrants and theirfamilies;♦facilitated establishment of women’ssavings groups on-site and in localcommunities to mobilize savings forproductive investment;♦ identified enterprises with growthpotential;♦♦conducted initial entrepreneurship andtechnical skills training;elicited the support of local governmentto engender the draft investment code,the municipal development plan andthe pre-employment orientation ongender sensitive reintegrationprovisions, especially for savings andproductive investment.Strengths of the <strong>UNIFEM</strong> RegionalProgramme on Empowering WomenMigrant WorkersThe Programme:⇒ mainstreams gender sensitive rightsconcerns in migration into the developmentdialogue and applicable internationalhuman rights instruments at global andlocal levels;⇒ emphasizes the provision of right todevelopment alternatives to migration,where people are forced to migrate forsurvival, as well as promotes and protectsthe rights of women migrant workersthroughout the migration process;⇒ shifts the paradigm from adisempowering victim oriented one to agender and rights oriented one;⇒ emphasizes the productive contribution

Page 29<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003of migrant workers, especially womenmigrant workers;⇒ recognizes domestic work as WORK, anddomestic workers as WORKERS with legallyenforceable rights;⇒ addresses the demand side of theissue in countries of employment by:(i) introducing rights based specialworking contracts;(ii)covering domestic workers underlabour laws;(iii) regulating recruiting agencies andemployers and raising their awarenesson their duties and obligations togovernments, workers and to oneanother.⇒ forges synergies through multistakeholderlinks and collaborationbetween countries of origin andemployment and from local to globallevels;⇒ ensures ownership and sustainabilitythrough:(i) MOU’s with key governmentministries as implementing partners;(ii) formation of multi-stakeholdersteering committees at nationallevel with the Ministry of Labour aschair to monitor and overseeimplementation;(iii) allocation of government sectoralbudgets, and/or cost sharingarrangements.Meeting Continuing Challenges andCreative Practice by Governments,other UN agencies and NGOsThis section foregrounds creative practicein countries of origin and employment by a

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 30range of stakeholders such as other UNagencies, NGOs, community basedorganisations and migrant workers andsuggests palpable ways of addressingpersisting concerns.Meeting continuing challenges andconcerns involves:1. Implementing sustainable socioeconomic development policies andprogrammes that reduce migration forsurvival.2. Ratifying International Human RightsInstruments such as UN Conventions onworkers in general and migrant workers inparticular and ILO covenants.The Philippines 1 , Sri Lanka 2 and Italy areexamples of countries that have ratifiedthese Conventions. As of October 2000, thePhilippines ratified 13 out of a total of 17International Conventions of the UnitedNations (UN) and the International LabourOrganization (ILO) concerning workers ingeneral, and migrant workers in particular.It is one among three countries in Asia andthe Pacific that has ratified the UNConvention on the Protection of the Rightsof All Migrant Workers and Members oftheir Families, 1990. Sri Lanka has signedthis Convention and has ratified <strong>CEDAW</strong>.Italy has ratified the Convention on theRights of Migrant Workers and theirFamilies – a significant step for a country ofemployment, as most ratifications to thisConvention are made by countries of origin.3. Ensuring that governments and NGOsreport on women migrant workers concernsunder <strong>CEDAW</strong>.4. Engendering the data collection process,research and analysis, and indicators.5. Introducing gender and right-baseddomestic policies, legislation andprogrammes in both countries of origin andemployment that are consistent withinternational human rights standards,protecting women migrant workersthroughout the migration cycle.The Philippines and Sri Lanka have suchlegislation - The Migrant Workers andOverseas Filipinos Act of 1995 (RepublicAct No 8042), and the Sri Lanka Bureau ofForeign Employment Act No: 21 1985,(amended by Act No.4 1994) - withappropriate government agencies deemedresponsible for implementation. Both Actsrecognize the significant contribution ofwomen migrant workers, and theirparticular vulnerabilities, and mainstreamgender, pro-poor, democratic and rightsbased perspectives into the formulationand implementation of legislativeprovisions, rules and regulations. Theseprovisions relate to (a) the promotion anddevelopment of foreign employment, (b) theregulation and management of recruitment,placement and labour migration flows, and(c) the welfare and protection of migrantworkers and their families.6. Regulating and accrediting recruitmentagencies and employers.This includes:

Page 31<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003(i) regulating recruitment agencies andemployers in source and destination sitesusing the incentive and disincentivesystem, and establishing transparentprocesses and accountability mechanismsto prevent misuse of incentives;(ii) accrediting employers with diplomaticmissions in host countries and monitoringthem;(iiI) verifying and approving job orders,developing and ensuring that contracts aregender and rights inclusive;(iv) building into legislation acomprehensive definition of irregularrecruitment;(v) trafficking (as defined in the UNTrafficking, 2000) 3 as an aggravatingcircumstance in illegal recruitment meritingserious penalties.The Governments of the Philippines and SriLanka license and accredit privateemployment agencies on grounds offinancial and operational capability;payment of a licensing fee and posting abond/bank guarantee for claims settlementin the event of bankruptcy, losses/damagesto the worker; capacity to provide jobs byfacilitating new contracts with employers;absence of any record of criminal or publicmisbehaviour. Public officials involved inimplementing the Philippines Migrant Act,and their relatives within fourth civil degreeof affinity are banned from runningrecruitment and placement businesses.The Philippines Act contains acomprehensive definition of illegalrecruitment that includes recruitment by anon-licensed agency; acts by a licensee thatviolate a worker’s basic human rights 4 :providing false information to secure alicense; obstructing inspection and notsubmitting reports on operations.In order to prevent exploitation, both thegovernments of Sri Lanka and thePhilippines use a carrot and stick approachto ensure that agencies are licensed andact within the law. They monitor operationsof recruitment agencies and violations byillegal recruiters are penalized withimprisonment, fines, suspension orcancellation of licenses. Compensation forlosses and damages incurred are to be paidby erring agencies.Incentives are provided by bothgovernments to agencies with a good rightsPhoto: Asian Migrant Centre, Hong Kong

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 32record. The Philippines government: (a)rewards the top 10 recruiting agencies whohave no record of rights violations andprovides welfare services to workers andtheir families, (b) refers clients to recruitingagencies through a client referral system,(c) nominates representatives of recruitingagencies on the Board of the PhilippinesOverseas Employment Administration(POEA), (d) includes representatives ofrecruiting agencies in governmentmarketing missions, policy formulationbodies etc, and (e) invites them asresources persons to share good practicesat seminars for potential licensees.Both the Sri Lanka and the Philippinesgovernments verify and approve job ordersand issue overseas employmentcertificates. They develop and strive toenforce contracts embodying minimumhuman rights standards and rejectapplications of agencies to hire workers ifcontract requirements are at variance withthese standards.Contract requirements include: details ofthe overseas sponsor and worker,guaranteed wages, duties and hours ofwork, rest days and leave, freetransportation to and from the employmentsite, free and adequate board and lodge,free emergency medical and dentalassistance, just cause for termination ofcontract, worker's compensation benefitsand war hazard protection, repatriation ofPhoto: Asian Migrant Centre, Hong Kong

Page 33<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003worker's remains and properties, andassistance in remitting earnings.While these contracts signed by therecruiting agents and employees are notlegally binding, they raise theconsciousness of migrant workers andrecruitment agencies regarding workers’rights, and enable some informal disputeresolution.Further, the government of the Philippinesapproves contracts for countries thatprotect the rights of workers. Indicators ofprotection are (a) the existence ofprotective labour and social legislation, (b)the country of employment being asignatory to human rights conventions,declarations and resolutions protectingmigrant workers, (c) existence of bilateralagreements and arrangements between thePhilippines and the country of employmentprotecting workers’ rights and (d) existenceof concrete measures to protect migrantworkers’ rights.7. Registering migrant workers through anincentive system relevant to their needsand concerns.Both Sri Lanka and the Philippines requiredeparting workers to compulsorily registerwith the government, and pay a stipulatedregistration fee, irrespective of their sourceof recruitment. This is designed to provideinformation on the country of employmentof each migrant worker and the name andaddress of the employer. If an employerbreaks an employment contract, thegovernment blacklists the employer anddisseminates this information publicly toprevent workers falling prey to theirexploitation.Such information also helps track migrantworkers where there are lapses incommunication with the family.Sri Lanka ensures compulsory registration,through a combination of the incentivesystem and monitoring mechanisms whichinclude:(i) life and accident insurance, scholarshipsfor children, pre-departure interest freeloans to minimize migration costs andresulting debt, compensation in case of lossor abuse, airport assistance etc;(ii) government instructions to airlines toinsist on registration with the Sri LankanBureau of Foreign Employment prior to theissue of air tickets to prospective migrantworkers;(iii) a 24-hour vigil at the airport where 29Sri Lanka Bureau of Foreign Employment(SLBFE) officers carry out inspections todetect and register unregistered workers;(iv) registration of unregistered workers bySri Lankan embassies in some West Asiancountries.An estimated 70 per cent of migrantwomen register with the SLBFE prior toleaving. The number of workers registeredwith the SLBFE rose from 60,167 in 1994,to 178,052 in 1999.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 34The Philippines exempts migrant workersfrom travel tax and airport fees onproducing proper proof of entitlement bythe POEA.Both countries improve access to legalchannels by decentralizing government andrecruiting agency activities.8. Ensuring the right to mobility and to safemigration conditions for women migrantworkers, to prevent trafficking and otherabuse.This includes:(i) lifting bans on women’s migration, yetproviding conditions for safe migration andbuilding the capacity of women migrantworkers to cope with potential exploitation.Sri Lanka, for instance, has never bannedthe migration of women for work;(ii) implementing pre recruitmentinformation dissemination and awarenessraising programmes for source sitecommunities on migration realities, legalmigration procedures, local opportunitiesand resources. This is to facilitate informedchoices before irreversible decisions tomigrate are made; enable access toexisting domestic resources as asustainable alternative to migration;increase access to legal migration channelsand help families and communities tounderstand the rights of women migrantworkers;(iii) implementing pre-departure orientationsessions for migrants with a strong gender“Both Sri Lanka andthe Philippinesimprove access tolegal channels bydecentralizinggovernment andrecruiting agencyactivities”and rights focus, which includes:-awareness of themselves as productivehuman beings contributing to society -human beings with human dignity andrights that must be respected, claimed andredressed when violated;-consciousness raising on common rightsviolations;-knowledge and understanding of contracts,key laws, procedures, programmes,services (welfare and public utility),entitlements, formal and informal redressmechanisms in countries of origin andemployment and how to avail of these;-provision of assertiveness training andtraining on how to negotiate one’s way outof physically and sexually threateningsituations;-tips on stress management, countryspecificcultural orientation, cultural tips onemployer-employee relations and provision

Page 35<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003of better language skills;-training on the use of modern householdgadgets, electrical equipment andhousekeeping, and other skills and jobtraining;-information on occupational health andsafety, domestic accidents, reproductivehealth, STDs and HIV/AIDS and generalhealth and well being.Both Sri Lanka and the Philippinesimplement community awarenessprogrammes and pre-departure orientationsessions for departing migrant workers,especially women.9. Ensuring gender sensitivity and efficacyin the delivery of pre-departure training inthe following ways:(i) the time and duration, with sessions heldwell before migrants depart, and for areasonable time frame and a realisticassessment of costs and time that womencan spend to attend. This will help avertproblems such as lack of concentration,lack of time for reflection, absorption ofinformation and provides opportunities toclarify and seek further information ifneeded;(ii) decentralization of training venues withlocations closer to source sites of workers,to avoid additional costs of transportation,language/dialect concerns etc;(iii) standardization of training contentdeveloped by relevant governmentdepartments in close consultation withNGOs, gender and migration specialists,migrant women workers, reliable recruitingagencies;(iv) recruitment by the relevant governmentdepartment of all trainers, including NGOsand resource persons for specializedmodules. The Sri Lanka governmentrecruits returned women migrants astrainers on issues such as rights violations,cultural tips etc;(v) provision of training for trainers,monitoring of trainings, updating curriculumas required;(vi) provision of better training resourcessuch as more space, better trainers,training aids, brochures, pocket informationand booklets for workers.10. Guarantee the right to participate indemocratic political processes in thecountry of origin, including the right to vote.11 Review and harmonize immigrationpolicies and laws in countries ofemployment with international humanrights standards, and an assessment ofsectoral labour market demand for migrantwomen.12. Protect the rights of both documentedand undocumented migrants in countries oforigin and employment.13. Enforce minimum labour standards forthe protection of national and foreignmigrant workers, especially women, incountries of employment.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 36Italy’s Constitution guarantees thefundamental rights of non-nationals in Italyregardless of their immigration status. Nonnationalsenjoy civil rights equally withcitizens under the condition of reciprocityand with the respect of rules laid down bylaw in general. Men and women areguaranteed equal economic and socialrights, including temporary specialmeasures.Italy’s immigration law, ‘Testo Unico’,enacted in 1998, is precedent setting, withseveral gender sensitive rights basedprovisions governing entry, stay, familyreunion, civil rights, bureaucraticprocedures etc. Some of these are:⇒ medical assistance and workers’ rightsprovided equally to nationals and nonnationals;⇒ family reunion and possibility for familymembers to work and study in the country;Women who join their husbands have thelegal possibility to join the labour market;⇒ protections for women trafficked forsexual exploitation and other forms ofviolence. These include temporaryresidence permits, accommodation in safehouses, special witness protectionprogrammes, socio-economic assistanceand reintegration programmes;⇒ bans on the expulsion of pregnantwomen, women with children below the ageof 6 months, and husbands of thesewomen with irregular immigration status.They are provided with temporary residencepermits;⇒ medical care for migrants with irregularstatus, including pregnant women, on anequal footing with Italian women;⇒ obligatory provision of basic educationfor 10 years for all foreign children in Italy,whatever their own or their parents’ legalstatus;⇒ no loss of residence permits foremployee/family, when unemployed due todismissal or renunciation. Employees areentitled to register for unemployment forthe period of validity of the residencepermit;⇒ judicial protection against all forms ofdiscrimination before the civil court.14. Covering domestic workers, includingforeign domestic workers under labourlaws.15. Ensuring that legally valid contracts fordomestic workers in destination sites havegender responsive monitoring and disputeresolution mechanisms, and evidencerequirements.16. Providing adequate support to workerswho press charges in countries ofemployment.The Government of Hong Kong has a legallyvalid domestic workers employmentcontract that has important rightsprovisions such as minimum wages, timelypayment of wages directly to the worker, aweekly holiday, health insurance, decent

Page 37<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003living space etc.In Italy domestic work is regulated by theCivil Code, extending insurance to domesticworkers against accidents and forunemployment and family benefits.According to Act No. 339 of 1958, domesticworkers can be directly hired by employerswho are obliged to communicate this to theconcerned government agency. During the‘trial’ period - a maximum 30 days -domestic workers should receive a normalwage. They are entitled to a full rest day aweek, annual paid holidays, marriagepermits, thirteenth month salaries, financialtreatment at the end of the contract. A newgeneral national contract for domesticemployment, 2001, bans the dismissal ofpregnant women workers from the momentof pregnancy, except if there is lawfulcause.17. Ensuring the right to associate andorganize in countries of employment.Hong Kong is one of two countries in Asia,(the other is Japan) that officially recognizesmigrants’ unions. Under the Registry ofTrade Unions (RTU) Ordinance, a minimumof seven promoters can form and register aunion. The Asian Women’s Union, theFilipino Migrant Workers Union and theIndonesian Migrant Women’s Union –unions of women domestic workers areexamples.Unlike other forms of organizations, unionsare granted privileges in terms of protectingthe rights of a union member. For instance,a union member whose contract isterminated by her employer due to herinvolvement in union activities, is protectedunder the labour law.“The scenario has changed from advocatesspeaking on behalf of migrants toempoweredmigrant workers unionsand grassroots groupsin Hong Kongvoicing theirown concerns and forging allianceswith others”.Asian Migrant Centre, Hong KongPhoto: Asian Migrant Centre, Hong Kong

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 38An employer found guilty of the offence willbe fined HK$ 200,000. The union can alsobring cases to international attention bylodging complaints with the ILO.The Hong Kong Confederation of TradeUnions (HKCTU), the Indonesian MigrantWorkers Union (IMWU) and other migrantunions have constantly worked together onissues confronting both local and migrantworkers, such as wage cuts, maternityprotection etc. HKCTU for example hassupported several initiatives of the IMWU byfacilitating the use of space, technicalfacilities, holding joint press conferencesand by their physical presence at migrantworker’s events.In Italy the Constitution and the ImmigrationAct provide all workers, national and nonnational,the right to join unions and strike,and to form and join associationspromoting social and cultural integration.18. Forging gender sensitive rights basedbilateral and multi lateralagreements/collaborations betweencountries of origin and employment andestablishing mechanisms to implementthese.The Philippines Government has beenconcluding bilateral labour agreements thatprotect migrant workers. It has been veryproactive and often is the initiating party toagreements. Since 1979, 33 bilateralinitiatives have been forged or are beingnegotiated between the Philippines andother countries in five world regions.Migrationpoliciesmust move awayfrom market,morality,national securityorientedparadigms,marked by class,gender,nationality andethnic biases, togender sensitiverights baseddevelopmentparadigms.

Page 39<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003The International Organisation for Migration(IOM) has been organizing periodic seniorofficials’ and ministerial meetings ofcountries of origin to share good practiceson migrant concerns.19. Improving service delivery of diplomaticmissions in countries of employment by:⇒ selecting competent staff with integrityand commitment to workers’ concerns;⇒ appointing women officers to deal withproblems of women workers;⇒ providing all staff with prior and on jobtraining and information on migrationrealities, legislation/procedures incountries of origin and employment,international human rights standards andgender sensitive rights based training;⇒ providing skills training (basiccounseling, stress management formigrants), and how to draw on thecomplementary resources of NGOs, sourcecountry professionals, associations andreligious groups in country of employmentto provide these services.22. Ensuring that women migrant workersare represented in policy and decisionmakingbodies in countries of origin andemployment.The Philippines provides for theappointment of a total of 2 representativesof migrant workers and overseas Filipinos,at least one of whom is a woman, on a highlevel law-making body of the state - theHouse of Representatives. It also providesfor representation of at least one womanmigrant worker on the Boards of thePhilippines Overseas EmploymentAdministration and the Overseas WorkersWelfare Administration – governmentagencies tasked with ensuring the welfareof migrant workers. These provisions helpensure sensitivity in addressing concerns ofwomen migrant workers that is normallylacking when handled by male-centredinstitutions.20. Developing comprehensivereintegration programmes that provideseconomic, social, psychological and legalservices.21. Running nation wide media campaignsin countries of origin and employment thatpromote positive images of women migrantworkers, highlighting specific ways in whichgovernments and civil society can empowerthem.Photo: Nick Rain

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 40End Notes1.The Philippines has ratified ILOConvention No. 111 on Discrimination(Employmnet and Occupation) and ILOConvention No. 100 on EqualRemuneration. It has not ratified ILOConvention No.143 on "Migrant WorkerSupplementary Provisions" and ILOConvention No. 97 on "Migration ForEmployment Convention."2. Sri Lanka has ratified ILO ConventionsC.100 on Equal Remuneration, 1951,C.111 on Discrimination (Employment andOccupation), 1958, C.182 on The WorstForms of Child Labour, 1999, C.138 onMinimum Age for Employment, 1973, andC.97 on Migration for Employment(revised), 1949, but has not ratifiedConventions C.143 on Migrant Workers(Supplementary Provisions), 1975, andC.29 on Forced Labour, 1930.3 (a) ‘Trafficking in persons’ shall mean therecruitment, transportation, transfer,harbouring or receipt of persons, by meansof the threat or use of force or other formsof coercion, of abduction, of fraud, ofdeception, of the abuse of power, or of theposition of vulnerability or of the giving orreceiving of payments or benefits toachieve the consent of a person havingcontrol over another person, for thepurpose of exploitation. Exploitation shallinclude, at a minimum, the exploitation ofthe prostitution of others or other forms ofsexual exploitation, forced labour orservices, slavery or practices similar toslavery, servitude or the removal of organs;(b) The consent of a victim of trafficking inpersons to the intended exploitation setforth in (a) shall be irrelevant where any ofthe means set forth in (a) have been used;(c) The recruitment, transportation,transfer, harbouring or receipt of a child forthe purpose of exploitation shall beconsidered ‘trafficking in persons’, even ifthis does not involve any of the means setforth in (a).(d) ‘Child’ shall mean any person undereighteen years of age (Article 3 : UNProtocol to Prevent, Suppress and PunishTrafficking in Persons, Especially Womenand Children, Supplementing the UnitedNations Convention Against TransnationalOrganized Crime, 2000).4. Activities may be considered illegal evenwhen undertaken by a licensee or holder ofauthority under Labour Code of Philippines,when the worker is violated in the followingways (See Sec. 6 of Act).:-charged higher fees than that officiallystipulated;-provided false information in relation torecruitment or employment;-induced to leave present employment foranother, unless the alternative is better andliberating;-placed in jobs harmful to public health,morality or dignity;

Page 41<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 412003-contracts are altered after they have beenapproved by the DOLE;-travel documents are withheld/denied;-not deployed and no valid reason asdetermined by DOLE is provided;-no reimbursements are made to workerswhere deployment does not take place.making workers sign an addendum to theircontracts saying they are not to join orcontact any trade union or otherorganization when they have job-relatedproblems abroad; to make workers signblank contracts or one that does not fullyindicate terms and conditions of work.Philippine NGOs have highlighted somecommon violations that should be includedin the definition of illegal recruitment undersection 6 of the Philippines Act. These are:Photo: Asian Migrant Centre, Hong Kong

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 42Sources:∗http://www.owwa.gov.ph/abtowwa.html∗ Asian Migrant Centre; 2000; Breakingthe Silence: Indonesian Migrant WorkersUnion, Asian Migrant Year Book.∗ D’ Alconzo. G et al; Italy: Good Practicesto Prevent Women Migrant Workers fromgoing into Exploitative Forms of Labour,GEN PROM Working Paper No. 4, ILOGeneva.∗ D’Cunha. J; 2003; <strong>UNIFEM</strong> RegionalProgramme on Empowering WomenMigrant Workers in Asia (2001-2004):Achievements and Challenges; Paperpresented at <strong>UNIFEM</strong> National Consultationon Empowering Women Migrant Workers inNepal, 2-3 June, Kathmandu.∗ Dias. M and Jayasundaree. R; SriLanka: Good Practices to Prevent WomenMigrant Workers from going intoExploitative Forms of Labour; GEN PROMWorking Paper No. 9, ILO Geneva.∗ Philippine NGOs Proposal to Amend RA8042.∗ POEA Vision and Mission Statement,January 2003.∗ Republic of the Philippines; MigrantWorkers and Overseas Filipinos Act of 1995(Republic Act No. 8042).∗ Republic of the Philippines; OmnibusRules and Regulations Implementing theMigrant Workers and Overseas Filipinos Actof 1995.∗ Yapa. K; 2003; Analysis of SelectMigration Processes in Sri Lanka from aGender Perspective; paper presented at<strong>UNIFEM</strong> National Consultation onEmpowering Migrant Workers in Nepal , 2-3June, Kathmandu.∗ Discussions with officials in POEA andOWWA, February 2003.∗ Discussions with local governmentofficials in Bohol, the Philippines, February2003.∗ Discussions with Philippines NGOs,February 2003.∗ Discussions with Ms Kanti Yapa, IOM,Sri Lanka, June 2003.∗ Discussions with Sajida Ally, AsianMigrant Centre, June 2003.

Page 43<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Open ForumDiscussion between <strong>CEDAW</strong> Committee Members and <strong>Panel</strong>listsModerator: Ms. Feride Acar, Chair, the <strong>CEDAW</strong> CommitteeCommittee members addressed the panellists with questions andreflections. Some key issues raised were:♦♦♦♦♦Need for data on the situation of women migrant workers andtrafficking in women and girls from Central and Eastern Europeancountries.Need for research on the demand aspects of migration. How, andin what ways we can transform the attitudes of people that lead tothe exploitation of women migrant workers.Need to mainstream gender concerns in migration intodevelopment plans, policies and programmes at regional, nationaland local levels.<strong>UNIFEM</strong>’s role in working with NGO’s when governments do notpromote and protect women migrant workers’ rights.Remittances from women migrant workers being unnoticed andinvisible. While we are moving constantly, although gradually, inthe direction of recognising women’s invisible housework aroundthe world, we are now faced with the phenomenon of invisibility ofwomen migrant workers paid public work and their remittances tothe economies of countries of origin, as well as their economiccontribution to countries of employment.

<strong>UNIFEM</strong>– <strong>CEDAW</strong> <strong>Panel</strong> on Addressing Women Migrant Workers’ Concerns, July 2003Page 44Outcomes of the <strong>UNIFEM</strong>-<strong>CEDAW</strong> <strong>Panel</strong> on AddressingWomen Migrant Workers’ ConcernsA. The <strong>CEDAW</strong> Committee pledged its continued commitment to theconcerns of women migrant workers by:♦♦♦♦encouraging States Parties to report on their policies, legislationand programmes on women migrant workers and the impact ofthese on their lives;engaging in constructive dialogue with States Parties on theabove and making recommendations to them to effectively protectthe rights of women migrant workers;requesting information flows on rights violations of women migrantworkers as well as good policies and programmes in countriesof origin or employment to empower them;reiterating the need for collaboration within the UN treaty bodysystem and between UN organisations, NGOs and other stakeholdersto protect the human rights of women migrant workers.B. The Special Rapporteur on the Human Rights of Migrants recommendedthat the <strong>CEDAW</strong> Committee consider adopting a General Recommendationon migration either independently or with the Committeeon the Elimination of Racial Discrimination (CERD).