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Research Network for Domestic Worker Rights

Newsletter No.18
February 2016

Content

1. Updates on the
Convention and
Campaign News
2. Research
2.1 Research
Question
2.2 Research News
3. Conferences and
calls
4. Publications

Dear colleagues, Working Group on Domestic Workers,


a network of various national trade The Newsletter includes
You are reading the 18th newsletter unions, NGOs, migrant organizations contributions from Glorene
of the Research Network for Domestic and domestic workers associations. Amala, ilker ata, Simel
Worker Rights, including information The keynote speaker in the inaugura- Esim, Fairuz Mullagee,
on the implementation process of tion was the Philippine Overseas and Aishah Namukasa, Lorena
the ILO Convention, campaigns, and Employment Authority (POEA) Admin- Poblete, helen schwenken,
news from the world of research. istrator, Mr. Hans Cacdac, a supporter of Sarah Schilliger, Jill
domestic workers organizing. January Shenker, Anthony Turyaheb-
18 has been declared as Domestic wa, Eva Cech Valentov,
Verna Dinah Q. Viajar
1.
Updates on the Workers Day in the Philippines and the
UNITED domestic workers union has
Convention and organized actions to push the govern-
Picture: April 2015 Launch-
Campaign News ment to strongly enforce the social
security benefits of domestic workers. ing of the UNITED Domestic
Employers must pay for a monthly Workers of the Philippines.
The Philippines
social security fee for their domestic
In January 2013, the national law workers, but this law largely ignored
for domestic workers, Republic Act by a majority of DW employers.
10361 or the Domestic Workers Act, http://www.gmanetwork.com/
or Kasambahay Law came into force. news/story/312182/news/special-
This encouraged the organizing of local reports/infographic-what-you-should-
domestic workers in the Metro Manila know-about-the-kasambahay-law
where most of the estimated 2.5 million
domestic workers are located. In the
same year, the first union of domestic Malaysia: Domestic worker campaign
workers, UNITED (The United Domestic In 2011, a coalition of non-governmen-
Workers of Philippines) was launched tal civil society, the national trade union
with joint support from local trade and faith-based organizations formed
unions and LEARN (Labor Education the Domestic Workers Campaign (DWC)
and Research Network). The domestic to advocate for the inclusion of domes-
workers union was officially launched tic workers in the Employment Act of
on April 2015 with the support of the Malaysia. The ongoing campaign calls
ILO-Manila Office and the Technical for structural and legal reforms that

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Research Network for Domestic Worker Rights

include the integration of a right-based Indonesia-Malaysia Corridor: Work- gram seeks to empower domestic work-
framework at every stage of migration; shop on Recruitment and Protection ers through a series of 6 workshops,
inclusion of all key elements of ILO and activities towards a better under-
On 3 and 4 November 2015, trade un-
C189, including the right for workers to standing of the value of their work and
ion representatives joined government
organize; recognize domestic work as rights in society and their workplace,
representatives from Indonesia and
work and expand the inclusion of the and the value and importance of or-
Malaysia and migrant rights organiza-
Employment Act to include all domestic ganization building within the sector.
tions in Jakarta to discuss recruitment
workers; a standardized contract; ac- The program is open to all do-
and protection of migrant domestic
cess to justice for violations and abuses mestic workers: a) South African and
workers. The Workshop was organized
committed against domestic workers; foreign b) working full-time or part
within the framework of the ILO Global
mobilization of non-governmental, time c) male and female d) between
Action Programme (GAP) on Migrant
civil society, trade unions and faith- ages 18-35 e) committed to improv-
Domestic Workers and Their Families
based organizations. The DWC involves: ing conditions for domestic work-
and Tripartite Action for Protection and
Archdiocesan Office for Human Devel- ers f ) able to identify and sign up 10
Promotion of the Rights of Migrant
opment (AOHD), Coordination of Action domestic workers to collaborate with,
Workers in the ASEAN Regional (ASEAN
Research on AIDS and Mobility (CAR- for the duration of the program.
Triangle) project. In Indonesia, there
AM) Asia, Change Your World, Liber8, If you would like to apply,
are an estimated 500,000 plus migrant
Migrant Ministry, Malaysian Trades please contact the Social Law Pro-
workers of which 54% are female. The
Union Congress (MTUC), Tenaganita, ject, by 4 March 2016, on: Tel: 021-
workshop drew on research carried
Womens Aid Organization (WAO), and 959 3562 Email: slp@uwc.ac.za
out in the region under the GAP-MDW
Pusat Kebajikan Good Shepherd (PKGS).
project including on: (1) working
conditions and protection, (2) recruit- South Africa: Domestic
Malaysia: National labor ment process and risks, (3) bilateral Workers Cooperatives
organization from the Philip- agreements, and (4) skills training.
pines works in Malaysia http://www.ilo.org/jakarta/ Domestic workers in South Africa
info/public/pr/WCMS_421136/ amount to five per cent of the total
SENTRO (see http://www.sentro.org/), South African workforce. Almost all (96
lang--en/index.htm
a national labor organization from per cent) of the domestic workers are
the Philippines, sent an union organ- women and they account for almost
izer to Malaysia in order to work with Indonesia: Information Passport 15 per cent of the total South African
Filipino domestic workers. The first step womens workforce, making the sector
The Indonesian trade union KSBSI has
has been achieved in form of contact- the biggest employer of women in
produced a new Migrant Domestic
building and exposure with labor and the country. Many work informally, in
Worker information passport. The
migrant organizations (BWI, MTUC, particular migrant workers. While the
passport provides Indonesian workers
Tahanang Filipino, ASETUC, Bar Council) ratification of C189 by the South African
headed to Malaysia, with pre-departure
until the end of 2014. By June 2015, the government has led to an upsurge of
information regarding labor rights and
Filipino migrant domestic workers in organizational activity among domestic
employment. https://gallery.mailchimp.
Malaysia have formed a mutual-help workers, as well as by the NGOs and
com/9ec9283adb344a1c2d1abff67/
support group called United Workers other agencies working to support
files/Pocket_Book_Migrant_Domes-
for Mutual Protection, Advancement them, their capacities to respond to
tic_Workers_KSBSI_FINAL_1_.pdf
and Development (UniMAD). The group their members needs is quite varied.
aims to operate as a workers organi- In 2015, the ILO COOP commis-
zation representing Filipino migrant South Africa: Domestic Workers sioned a study to look at the viability of
domestic workers in Malaysia. The work Empowerment Program developing domestic workers coop-
of the union organizer focuses on (1) eratives in South Africa based on the
building contacts through education The Social Law Project (University of the
requests from the constituents. The
activities (i.e. migrant rights orienta- Western Cape) invites domestic workers
findings of the report indicated that a
tion), (2) networking with the Filipino to apply for a 1-year training program
number of possible opportunities exist
communities, (3) supporting and as- with the title Domestic Workers Em-
for cooperatives of domestic workers
sisting abused domestic workers, and powerment Program (DWEP) - Organ-
(employment services; training; sewing;
(4) building bridges with other civil ising for a better future. The Project
catering; frail care; child-care and hos-
society groups in Kuala Lumpur. offers a training and capacity building
pitality). During a validation workshop,
program for domestic workers. The pro-

2
Research Network for Domestic Worker Rights

the discussion of the findings identified ist documents in Slave States: The Prac- countries around the world. Through
the need for domestic workers and tice of Kafala in the Gulf Arab Region. examples in Italy and Hong Kong, it
their representative organizations to be Basing on evidence from inter- debunks the myths that domestic
the ones who are driving the process. views with overseas domestic workers, workers and their employers are unable
Since then a community organizer who barrister James Ewins, the indepen- to organize and bargain collectively.
is experienced in helping set up and dently commissioned-government http://www.euronews.
incubate domestic workers coopera- reviewer, recommends that the govern- com/2015/12/02/domestic-work-
tives has worked with the constituents ment might enhance the situation of ers-debunking-the-myths/
to develop an implementation strategy employees by improving the visa terms
to guide the development of two pilot through the removal of the tied visa
cooperatives of domestic workers. and revised provision of information 2. Research
The implementation strategy report is (i.e. mandatory meetings on arrival).
currently under review by the con- By doing this the government will 2.1 Research
stituents. Upon receiving their inputs, empower oversea domestic workers
the ILO will work with the constitu- with information, advice and support Question
ents to move the initiative forward. them and they will be able to identify
The online economy in the
human rights abuse and crime and
domestic work sector
engage voluntarily, and more willingly,
UK: Independent inquiry of Over-
in any civil and/or criminal proceed- The National Domestic Workers Alli-
seas Domestic Workers Visa recom-
ings from the outset. Following this ance (NDWA - USA) seeks your help
mends removal of the tied visa
reportage, the UK government says tracking how the online/app economy
The report by Ewin James in An that it is carefully considering the is impacting domestic work around
Independent Review of the Overseas reports recommendations and will the world. Over the last few years, we
Domestic Workers Visa reveals that announce its response in due course. have seen domestic work shift online
the British government is exposing https://www.gov.uk/government/ to marketplaces and the on-demand
thousands of women brought to the UK uploads/system/uploads/attach- economy. Online economy has increas-
by wealthy Gulf families to conditions ment_data/file/486532/ODWV_Re- ing presence in the domestic work
of slavery, trafficking and abuse. This view_-_Final_Report__6_11_15_.pdf sector beyond the United States, for
is because the United Kingdom visa http://www.migrantsrights. example, babajob in India. Increasingly,
for domestic workers continues to tie org.uk/news/2016/domestic- the on-demand workforce mirrors the
these employees to their employers. By workers-face-conditions-slavery- symptoms of an unprotected class
bonding domestic workers, it creates trafficking-and-abuse-says-review of workers, challenges that domestic
a system of Kafala which is widely workers have struggled with for dec-
prevalent in Arab nations. This system ades. In October 2015, NDWA launched
Switzerland: C189 came into force
prevents vulnerable workers from leav- the Good Work Code to advance an
ing their jobs without permission. Some On 12th November 2015 C189 came overarching framework to guide the
of these Arab nations have outlawed into force in Switzerland. A broad on-demand economy in creating good
this practice but their nationals con- alliance of unions, church organiza- work. NDWA is meeting with companies
tinue to maintain this system through tions, women and migrant NGOs, and other advocates to ensure that as
their conduct and in so doing create a solidarity organizations and indi- we create the future of work, we are
human rights conundrum for the UK viduals signed an appeal to implement solving for equity as well as efficiency.
state that did not ratify C189. In 2015, C189. Online-petition Decent Work Please contact about on-de-
over 17,000 domestic workers traveled for Domestic Workers (German): mand companies in the domestic
with their employers under this visa. http://www.vpod.ch/file- work sector and about any organ-
More than half of them came from Gulf admin/vpod_zentrale_files/ izing related to it Jill Shenker, jill@
nations including Qatar, Saudi Arabia Frauen/PDFs/Aufruf_ domesticworkers.org and Palak
and the United Arab Emirates. Some of Hausangestellte_12_11_2015-d.pdf Shah, palak@domesticworkers.org.
these employers continue to subject
their employees to cruel, inhumane and
degrading treatment under the system Short movie
that Yasin Kakande, a Ugandan journal- Euronews shows how domestic workers
have won better working conditions in

3
Research Network for Domestic Worker Rights

2.2 Research News www.migrace.com/ barriers to mobilization: by creating


docs/160118_simi_research-on- a space for the development of com-
Czech Republic: Quantitative Study domestic-workers_en.doc munities of coping among migrant
workers; by using politicized learning;
With the expanding aging popula-
and by using participative democracy
tion, the growing number of women
entering the labour market, and the 3.Conferences and collective leadership development,
tied to links with formal organizations.
tightening of public social services
across the globe, the need for care is
and calls
Sebastian Walter (University of Kassel)
growing worldwide. Looking ahead, Call for a conference in Ljubljana
published his PhD dissertation on the
the project argues, Iinnovative solu-
The Peace Institute (Slovenia) is organiz- question whether the German labour
tions for both providing care and
ing an international conference Prob- and employment law is consistent with
employing care workers are needed.
lems and Visions in Social Care which C189 (in German): Die Vereinbarkeit des
Rooted in values of social justice,
will be held in September 14 -15, 2016 deutschen Arbeits- und Sozialrechts
equity, democracy and decent work
in Ljubljana. You can get detailed infor- mit der Domestic Workers Conven-
for all, cooperative enterprises are
mation at: http://www.mirovni-institut. tion, 2011 (ILO-Konvention Nr. 189),
emerging as one such solution. How-
si/en/call-for-papers-for-the-confer- Kassel University Press, Kassel 2015.
ever, much remains to be understood
about this new area of care and work. ence-problems-and-visions-in-social-
care/ There is no participation fee. Bassina Farbenblum, Governance of
To address this gap, the ILO Coop-
Moreover, the organizer will cover Migrant Worker Recruitment: A Rights-
eratives Unit (COOP) and the Gender,
the accommodation costs. The con- Based Framework for Countries of
Equality and Diversity Branch (GED)
ference language will be English. Origin, edited version forthcoming in
have embarked on a global mapping of
Asian Journal of International Law.
the provision of care through coop-
Draft available at http://www.law.
eratives. Using data gathered from The XIV Nordic Social- and
unsw.edu.au/sites/law.unsw.edu.au/
an online survey and interviews with Labour History Conference
files/images/governance_of_migrant_
key informants, it aims to identify the
The XIV Nordic Social- and Labour worker_recruitment_-_a_rights-based_
ways in which cooperatives affect the
History Conference takes place in framework_for_countries_of_origin.pdf
livelihood of care beneficiaries, care
Reykjavik November 28-30, 2016. One
workers, and the larger community;
of the major themes of the conference Andersen, Nina Trige & Myong, Lene.
and determine the resource coopera-
is global and feminist labour history 2015. From Immigration Stop to
tives need to become viable enterprises
(http://www.nordiclabourhistory.org/). Intimizations of Migration: Cross-
and employers in the care sector. In
2014, SIMI (Association for Integration Reading the Histories of Domestic(ated)
and Migration, Czech Republic) con- Labor Migration and Transnational
ducted a quantitative research among 4.Publications Adoption in Denmark 1973-2015.
migrant women working as domestic Retfrd Vol. 38, no. 3/150. Copen-
workers in private households in the Zhe Jiang and Marek Korczynski (2016) hagen: Djf Forlag https://www.
Czech Republic. The first of its kind When the unorganizable organize: djoef-forlag.dk/da/tidsskrifter/ret
in the Czech Republic, this research The collective mobilization of mi- This article presents a cross-read-
is primarily concerned with working grant domestic workers in London, in: ing of au pair migration and adoption
conditions of migrant women, their Human Relations, published online migration within the national context of
tasks in private households as well as before print January 14, 2016, doi: Denmark after the so-called immigra-
with matters related to paid domestic 10.1177/0018726715600229. http:// tion stop of 1973. These forms of migra-
work. The research is conducted by hum.sagepub.com/content/early/201 tion have been politically encouraged
experts from the Faculty of Humani- 6/01/08/0018726715600229?papetoc during a period in which successive
ties at Charles University in Prague The article explores the collective Danish governments have implement-
and the Economic Institute CERGE-IE. mobilization of migrant domestic work- ed some of the strictest immigration
www.pracovnicevdomacnosti.cz. ers in London. Mobilization changed laws in the EU. The article points to the
You can download the English the framing of migrant domestic biopolitical logics that make the au pair
version of the report with the title workers from labourers of love to and the transnational adoptee desired
Situation of migrant women on the workers with rights. It was able to do migrants, albeit on different terms.
Czech market of domestic work. this because it addressed the three While the adoptee migrant is desired

4
Research Network for Domestic Worker Rights

because of her perceived permanent at- This study aims to shed light on the GED Working Paper No. 5/2015
tachment to Denmark and her adoptive industry that profits from the recruit- The paper seeks to contribute to a
family, the au pair migrant is desired ment of women from South Asian coun- better understanding of developments
precisely because of her temporary and tries into domestic work employment in regarding labour market participation
suspendable attachment to Denmark the Middle East, with a particular focus and remuneration in the domestic work
and her host family. The authors argue on Bangladesh, Jordan and Lebanon. sector in comparison with other sec-
that au pair and adoption migration It analyses the business model uti- tors. It looks at the basic characteristics
point to the ways in which processes lised by labour recruiters to generate of female domestic workers, gaps in
of intimizations of migration are linked income and profit and to minimize risk minimum wage coverage, compliance,
to consumptive demands and affective and loss. By illuminating how and why and the extent of minimum wage viola-
needs in the white middle-class family such recruiters do what they do, the tions. Presenting empirical evidence
in a time of antiimmigration politics. study aims to inform better policies and on labour market inequality along
interventions to protect migrant do- gender lines, the paper discusses the
Migrant Domestic Workers and Fam- mestic workers and eliminate abusive role of minimum wages for reducing
ily Life. International Perspective, recruitment and employment practices. gender disparity, questions of regula-
edited by Maria Kontos and Glenda http://www.ilo.org/wcmsp5/ tory design and enforcement issues.
Tibe Bonifacio, published Palgrave groups/public/---ed_protect/- http://www.ilo.org/wcmsp5/
Macmillan in 2015 brings timely and --protrav/documents/publica- groups/public/---dgreports/--
comprehensive analysis of the non- tion/wcms_377806.pdf -gender/documents/publica-
recognition of the right to a family tion/wcms_430902.pdf
life of migrant live-in domestic and International Labour Office (2015)
care workers in Argentina, Canada, Labour inspection and other compli- New report from the Office of the
Germany, Italy, Lebanon, Norway, the ance mechanisms in the domestic work High Commissioner on Human Rights,
Philippines, Slovenia, South Korea, sector. Introductory Guide, Geneva: ILO. Behind Closed Doors: Protecting
Spain, the United Arab Emirates, the This publication aims to contribute and Promoting the Human Rights
United States of America and, Ukraine. to a better understanding of the chal- of Migrant Domestic Workers in an
More info about the book you lenges for compliance in the domestic Irregular Situation. The report was
can find here http://www.palgrave. work sector. It also identifies how prepared in the context of the @ILO
com/us/book/9781137323545 countries have defined policies and Global Action Programme on Migrant
practices to provide better services to Domestic Workers and Their Families.
Poblete, Lorena (ed.) (2015) El Tra- domestic workers and their employers https://gallery.mailchimp.
bajo domstico: entre regulaciones in the domain of working conditions, com/9ec9283adb344a1c2d1abff67/
formales e informales. Miradas desde with a specific focus on labour inspec- files/Behind_closed_doors_
la historia y la sociologa. This collec- tion. The guide provides information in HR_PUB_15_4_EN.pdf
tive volume analysis the challenges a user-friendly manner, aiming to assist
for formal regulation of domestic member States to identify practical ILO GAP-MDW Corridor report on
work in Argentina. From historical and measures to address non-compliance Paraguayan Migrant Domestic Work-
sociological perspectives, we trace issues and to better shape the action of ers in Argentina (in Spanish).
changes in domestic work regulation relevant institutions, in particular labour https://gallery.mailchimp.
since XIX, highlighting the persistence inspectorates, to bring the laws protect- com/9ec9283adb344a1c2d1abff67/
of the tension between informal ar- ing domestic workers into practice. files/InformeMigrantesCD.pdf
rangements and formal regulation. http://www.ilo.org/labad-
http://ides.org.ar/wp-content/ min/info/pubs/WCMS_429836/ You can read a German article on the
uploads/2012/03/Cuadernos-del-IDES- lang--en/index.htm situation of care workers with refer-
N%C2%BA-30-Octubre-2015.pdf ences to Switzerland and Respekt.
Martin Oelz and Uma Rani (2015) Do- https://chrismon.evange-
Katharine Jones (2015): For a fee: mestic work, wages, and gender equal- lisch.de//artikel/2016/31942/
the business of recruiting Bangla- ity: Lessons from developing countries, pflegerinnen-aus-osteuropa-
deshi women for domestic work in Working paper; No. 5/2015, Internation- dann-holen-wir-uns-eine-polin
Jordan and Lebanon. International al Labour Office, Gender, Equality and
Labour Office. Geneva: ILO, 2015, Diversity Branch (GED), Geneva: ILO. The Legal and Policy assessment report
(Working paper, No. 2/2015) on child domestic workers in Uganda:

5
Research Network for Domestic Worker Rights

The study aims to identify gaps about


child labor in domestic work in Uganda
and staudy the legal and policy frame-
work in order to find out whether right
of child domestic workers are recog-
nized by law in Uganda. The study a)
assess the legal provision to find out
whether domestic work is recognized b)
identify the opportunities and require-
ments for ratifying the ILO Convention
189 c) identify the opportunities for
better mainstreaming child domestic
work into the existing frameworks
d) determines whether the exist-
ing educational policies and training
programs accommodate the training
needs of child domestic workers.
http://iday.org/wp-content/
uploads/2015/01/IDAY-Legal-and-
Policy-Assessment-Uganda-light.pdf

Contacts: Research Network for Domestic Worker Rights


Contact to the coordinators: Claire Hobden (ILO), Prof. Dr. Helen Schwenken and LisaMarie Heimeshoff (Universi-
ties of Osnabrck, IMIS and Kassel, ICDD), Raffaella Maioni (Acli Colf ): coordinator@domestic-work-research.org
Asia: Sonal Sharma, Centre for Policy Research, New Delhi, India (for South Asia):
southasia@domestic-work-research.org
Europe: Dr. Sabrina Marchetti, European University Institute, Italy: europe@domestic-work-research.org
Latin America: Prof Dr Mary Rosaria Goldsmith Connelly, Universidad Autnoma MetropolitanaXochimilco, Mexico:
latinamerica@domestic-work-research.org
North America: Prof Jennifer N. Fish PhD, Old Dominion University, United States:
northamerica@domestic-work-research.org
Editor of the Newsletter: Ilker Ata, coordinator@domestic-work-research.org

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