LEBANON

Terre des hommes Lausanne and Insan Association

A Child Protection Assessment: Migrant Workers and their children in Lebanon.

2010

Lebanon

Table of Contents
Executive Summary Section One Purpose, Objectives and Methodology Section Two Background: Domestic migrant workers in Lebanon Context History Current Situation Causes of vulnerability and abuse of migrant domestic workers in Lebanon a) Employment process b) Kafalah system c) Lebanese Labour Law d) Contracts Sources of protection for migrant domestic workers in Lebanon a) International legal texts b) The unified contract c) Ministry of Labor d) Embassies and consulates e) NGOs f) Churches g) Community leaders h) Media and civil society activism Children of migrant workers in Lebanon Section Three Assessment Findings: Protection needs of migrant communities and children a) Main areas of concern for the domestic migrant workers community b) Main areas of concern for the children of migrant workers Section Four Conclusion and Recommendations Bibliography Annex 1: List of research interviewees Annex 2: Directory of organisations and services for domestic migrant workers in Lebanon

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Acknowledgements
Terre des hommes and Insan Association would like to thank all of the people who participated in this research. Our particular gratitude goes out to those migrant workers who agreed to speak with us on the condition of anonymity, those who felt that taking a role in representing their communities superceded personal acknowledgement. We also appreciate the mothers and children who generously gave of their time in order to participate in the focus group discussions. The researchers would also like to acknowledge the support received from Tdh Headquarters, primarily through Mr. Yann Colliou, Program Manager for the Middle East and North Africa Zone, his assistant Ms. Marie du Pontavice and the Tdh trafficking and exploitation resource person Mrs. Mirella Shuteriqi. Special thanks goes to Mrs.Sharyn Johns who assisted the research with proof reading the English version of the document, and to Kafa (Enough Violence and Exploitation) for allowing us to include their directory of resources for migrant workers (Annex 2). Special Note: photograph on front cover All the children in this photograph are migrant children who attend Insan School and have agreed to have their photograph on this document. Permission from their parents was also obtained. The use of this photograph and the images of children are within the practices of both the Tdh and Insan Association Child Protection Policies. This image holds a copyright to Insan Association. Research Team: Kristen Hope: Simba Shani Kamaria Russeau: Hassan Bahani: Lala Arabian: Charles Nasrallah: Jason Squire:

Primary Researcher/Author Primary Researcher/Author Research Manager/Author Research Manager/Editor Editor Author/Editor

Kristen Hope has been working as a researcher for Tdh since 2009. After graduating with a BA in Arabic and Politics from the School of Oriental and African Studies in London in 2007, Kristen moved to Lebanon where she spent two years working as a translator and editor while volunteering with children in the Palestinian refugee camp of Shatila. Kristen is actively involved in several civil society campaigns that aim to raise awareness about such social justice issues as environmentalism, conscious consumerism and the rights of vulnerable communities, including women, children and minority groups.

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Simba Shani Kamaria Russeau is a multimedia storyteller living in Beirut, Lebanon. She has worked as a photographer and writer in many countries, including East Timor, South Korea, Philippines, Haiti, Japan, the United States and Dubai. She has conducted several workshops with streets kids, ex-prisoners, children of migrant workers and refugees on the use of photography and interviewing as a tool for self-empowerment in underrepresented communities as means of dealing with racism, poverty, prejudice and war. Currently she is working with COSV Libano researching the culture of racism and discrimination in Lebanon as well as multimedia essays documenting displaced faces around the world, migrant workers, Black Arabs and women in the MENA region. She is the founder and organiser of the "Taste Culture" events initiative and the 24/7 Campaign. Hassan Bahani has 20 years experience working with local and international organisations as a centre manager, pedagogical coordinator, senior field officer in psychosocial support, protection, income generation and children with special needs. In 2006 Hassan joined TDH as a Project Coordinator and currently holds the position of Child Protection Officer for Lebanon and acts as a regional consultant for Tdh projects. Hassan is still active in the Palestinian context as a training coordinator for the Palestinian Scouts in Lebanon on a voluntary bases, specialising in social animation and play. Lala Arabian has been the project Manager at Insan Association since 2004, shes been actively working in the field of Human Rights since the year 2000 working in various international and local organisations, most notably Amnesty International where she still holds the position of Campaigns Coordinator on voluntary basis. Lala holds a License degree in Law from the Lebanese University and an MA in Human Rights and Democratisation from the University of Malta. Charles Nasrallah is the founder and Director of Insan Association since its creation in the year 2000, he's been active in the field of human rights in Lebanon since 1995 working and co-founding various local and international human rights organisations. Charles is also the national coordinator and the spokesperson of the local group of Amnesty International. Jason Squire joined Tdh in 2004 and has carried out various child protection roles within the organisation, in numerous delegations globally. Jason is the current Country Representative and has worked in Lebanon since 2007. Jason holds a degree in Labour Relations and a Masters in Education, focusing on adult learning.

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Executive Summary
Terre des hommes Foundation Lausanne (TdhL) and Insan Association carried out the following needs assessment of migrant domestic workers and their children in various locations throughout Beirut, Lebanon, between August 2009 and October 2009. The research also focused on establishing and locating children of migrant workers and their family unit. The aims of the assessment were to: Identify the most vulnerable and at risk population of migrant workers Establish what migrant children do in their free time Examine how current formal and informal structures, systems and actors are working to protect children from the identified risks Identify what formal and informal systems are in place to protect children of migrant workers Examine how children of migrants protect themselves Child protection is defined as work which aims to prevent, respond to and resolve the abuse, neglect, exploitation and violence experienced by children in all settings. While there are several aspects of child protection, including social, legal, health and education, Tdh focuses its interventions on the former two for the assessment. Target groups The assessment focused on domestic migrant workers and their families in Lebanon. The International Labour Organisation (ILO) defines domestic workers as those who are employed to facilitate the running of domestic life and personal needs. 1 Workers, mostly women, come to Lebanon from many African and Asian countries, including Sri Lanka, the Philippines, Ethiopia, Madagascar, Nepal and Bangladesh, in order to engage in such work on either a live-in or freelance basis. It is estimated that there are some 200,000 migrant workers in Lebanon. 2 There is also a considerable number of Sudanese migrants who take up domestic work in Lebanon, although the vast majority of these have not come to the country for that purpose. Most Sudanese have come to Lebanon seeking refugee or asylum status because of the conflict in their home country. Nevertheless, Sudanese women often take on employment as freelance domestic workers because it is a relatively unregulated sector in that one can find work despite not having the required employment papers or residency status. Sudanese domestic workers also suffer from similar social and economic factors as their Asian and African counterparts, including discrimination, racism, legal status problems and limited income. For these reasons, and because the Sudanese constitute a relatively large and
1

ILO (2003:31) http://www.ohchr.org/EN/NEWSEVENTS/Pages/UnifiedContractLebanon.aspx

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vulnerable population in Lebanon, they have been included in this study alongside domestic workers from the aforementioned countries. Scope and method The assessment focused on various areas of Beirut, including Basta, Bir Hassan, Clemenceau, Jnah, Shabra/Shatila and Zarif. Research was also conducted in various Beirut suburbs, including Dora, Nabaa, Jounieh and Dahiyeh. The assessment was carried out using an action-oriented research approach. During this process, twenty interviews with migrant workers, families of migrant workers and migrant community leaders were conducted. Additionally, several meetings were held with a range of other key actors including staff from international and local non-governmental organisations (NGOs) and embassy personnel. 3 Tdh also held three focus group discussions (FGD) with mothers and children of migrant domestic workers. There are no statistics available on the number of children of migrant workers in Lebanon. In the course of the study, researchers gained direct access to a total of 57 migrant children. On top of this, interviewees made reference to other families within the Filipino, Bangladeshi and Sudanese communities. Sudanese participants noted that there are many families within the Sudanese migrant community, with an average of 2-3 children each. Key findings: Vulnerable communities, vulnerable children The study found a series of key areas of concern amongst the migrant domestic worker community alongside specific risks for children. In the course of the research, it was suggested that in order to assess the particular needs of migrant children and establish relevant child protection concerns, the needs of the community on the whole should be examined. Accordingly, concerns articulated in the course of the research were classified into two groups. a) Main areas of concern for adult domestic migrant workers 1. Violence and abuse (racial, physical, sexual, psychological) The main recurring theme throughout the research was the extent to which domestic migrant workers faced different types of violence and/or abuse, in both public and private domains. 2. Lack of documentation and legal status One of the most frequent concerns cited by migrant workers was the lack of legal working papers. This left them vulnerable to detention by Lebanese security forces or refusal of services by NGOs working in the field: some NGOs, including the United Nations High Commission for Refugees (UNHCR) and the Caritas Lebanon Migrants Centre (CLMC), only provide services to those who have acquired some sort of official status in Lebanon,
3

See Annex 1 for full list of interviews.

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whether as refugees and asylum seekers or through work or residency permits. Those migrants which are in Lebanon illegally cannot benefit from the services of such organisations. 3. NGO service provision does not meet the needs of the communities There are only a few NGOs in Lebanon that deal specifically with migrant workers, providing various forms of assistance, including legal, medical, social and psychosocial assistance through centres and shelters. Participants voiced concerns that the need for such support far surpasses the capacities of NGO service providers. 4. Limitations in embassy/consular support Many domestic workers identified gaps in the services provided by embassies or honorary consulates. Poorer nations do not have embassies but instead have recourse to honorary consulates which lack the proper resources and, in some cases, interest in assisting their nationals 4 . b) Main areas of concern for the children of migrant workers 1. Lack of legal status Parents were very scared that their children would be left without anyone to care for them if they were detained. As a consequence of this fear, children were discouraged from spending time outside, which restricted their opportunities to engage in healthy social interaction. 2. Racism and discrimination Most families interviewed raised the issue of racism in the schools, stating that the children have experienced violence in the form of physical or verbal abuse. Many parents spoke about the discrimination that they and their children faced on a daily basis in Lebanon. In addition to the racial component, domestic workers are treated as having a particularly low status because of the servile and subordinate character of their work. 3. Inadequate medical support and funds Lack of health care funds and services was often cited as a major concern for the families of migrant domestic workers. 4. School-related difficulties Such issues as tuition fees, the cost of transport and books, lack of academic support and limited possibilities for secondary education were all cited as obstacles to ensuring that the children of migrant workers had access to education. 5. Lack of childcare and child-safe environments Children and parents spoke about the lack of facilities available to children outside school hours, particularly during weekends and over the summer. Many children were left alone and locked in the house when parents had to go to work. Unsupervised children were vulnerable to a series of house-hold dangers, including fires or electrocution. 6. Poor housing conditions Many families visited lived in one or two room apartments and the standards of many houses were below acceptable. Rent was a major concern for many of the families.

Because of the nature of the conflict in Sudan, which has seen pro-government forces pitted against anti-government rebels, many Sudanese migrants are considered opponents of the government, and therefore not provided for by the Embassy

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Recommendations
1. 2. 3. 4. 5. 6. 7. Encourage reform of the Lebanese Labour Law to abolish the kafalah system Lobby for better protection of domestic workers by Lebanese law enforcement bodies Improve the scope and quality of services for migrants and their families Support the establishment of services that better accommodate the multiple religious, spiritual and philosophical identities of the migrants Ensure that migrant community leaders are better supported to assisting their communities Strengthen existing informal childcare networks for migrants and, where these are absent, support the establishment of formal childcare facilities Encourage educational and recreational activities between migrant and nonmigrant children in order to promote cultural understanding and fight discrimination Provide psychosocial support for migrant children

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Section One Purpose, Objectives and Methodology

Purpose
The purpose of this assessment was to identify the protection needs of children of migrant workers living in Beirut.

Objectives
To this end, the main objectives of the assessment were: To establish the protection needs of the children by identifying the major risks to childrens safety and well-being; and identifying where children required greater protection to be able to develop and enjoy their rights, as laid out in the United Nations Convention on the Rights of the Child (UNCRC). To examine how current formal and informal structures, networks and actors are working to protect children from the identified risks. The research sought to suggest how protection mechanisms could be strengthened to create a more protective environment for children where formal and informal structures, systems and actors are failing to protect them. For the purposes of this report, child protection is defined as work which aims to prevent, respond to, and resolve the abuse, neglect, exploitation and violence experienced by migrant children. For Terre des hommes and Insan Association, the four main pillars of child protection are: It is rights-based: all children are entitled to protection as laid out in the UNCRC. It is primarily a state responsibility: only where and when a state cannot meet its responsibility to protect is it charged with enabling the provision of humanitarian action by impartial organisations. It is delivered in accordance with humanitarian principals of non- discrimination and respect for all human beings. It empowers people to be actors in their own protection: Even in cases of humanitarian crisis and within a weak state, communities have their own child protection and coping mechanisms, however often children do not benefit from them. Intervention should always take into account the communitys own coping mechanisms and seek to ensure that they are available and connected to children.

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Given that the current needs assessment was intended to be child protection-focused, participants in interviews and FGDs were asked to comment on their primary concerns regarding the safety of migrant domestic workers children, and to state what they saw as threats to the childrens safety and wellbeing. The responses from participants often included concerns that would usually be associated with the fields of education, health, level of social integration and livelihoods. Considering that child protection work requires a multi- disciplinary, multi-sectorial approach, this assessment does report on findings that are not protection-specific, those that fall outside childrens exposure to all forms of abuse, neglect, exploitation and violence. In the case of migrant workers in Lebanon, this includes the fields of health or education, which emerged as major concerns for the communities.

Methodology
The needs assessment was carried out over a two-month period from the end of August 2009 to the end of October 2009. The report was then updated in July 2010 in order to reflect new developments in the field of NGO service provision that occurred in the time following the end of the field research and the publishing of this report. It was carried out using an action-oriented research approach. This approach is chosen by Terre des hommes because it is best suited to research where the principal objective is to provide timely and appropriate programme responses to identified needs. It has been described as research which collects information needed for an action to take place in order to design practical solutions to practical problems. 5 In line with this process, the needs assessment had four distinct phases as laid out below. Findings were based on the outcomes of meetings, interviews and focus group discussions with key stakeholders, community members and children.

Phase One
Phase one consisted of a desk review of existing literature, examining current knowledge on the situation of migrant domestic workers and Sudanese refugees throughout Lebanon. During this phase, preliminary meetings with self-appointed community leaders amongst the various nationalities of migrant domestic workers were also held. The objective of these meetings was to inform the community leaders of the purpose of the assessment and gain their consent to access members of the community.

Phase Two
The second phase consisted of field researchers conducting a total of thirty-six interviews and meeting with around twelve key actors. These actors included representatives from the

Regional Working Group on Child Labour (2002:4)

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following: the Filipino and Sudanese Embassies; a CLMC run-shelter community leaders as well as directors from two private schools.

Phase Three
The third phase consisted of community-based focus group discussions with children, young people and parents. A total of 19 children and young people between the ages of 6 and 13 years took part in two focus group discussions, and 9 parents participated in one FGD. The children and parents were all contacted through the Insan Association, and discussions took place at the Insan Center. Home visits to the houses of migrants were also conducted during this phase.

Limitations of the research

Several limitations are present in the current research. Firstly, the researchers encountered many obstacles due to the nature of migrant domestic work. Many migrant domestic workers are confined to the home of their employer and gaining access is limited. For example, churches represent a significant place where migrant workers gather on Sundays. However, accessing migrants through churches was sometimes met with opposition from Lebanese Priests who wanted the women to be left alone. Moreover, those migrants who live in Lebanon illegally and work as freelancers fear problems from the General Security, which creates difficulties in approaching women directly. Secondly, political issues were also apparent when conducting field visits in Beiruts southern suburbs, areas controlled by Hezbollah. Some families were uncomfortable with the potential that the presence of researchers would draw unwanted attention to them, which could have also been dangerous for the researchers. Thirdly, due to the small number of participants, the research does not claim to have accessed a representative sample of the migrant workers community. This research does not claim to generate accurate quantitative data about migrant children in Lebanon. Nevertheless, significant qualitative information was collected regarding the daily routines and most pressing needs of many migrant families. This research therefore may not be representative of the overall experience of migrant families in Lebanon, it does, however, succeed in capturing a detailed and poignant snapshot of a group of migrant children and their parents. This enables valuable and much-needed insight into this often invisible community. Ethical considerations All TdhL research is guided by the best interest of the child and the protection of childrens rights in the process of gathering information. All members of the TdhL research team signed the Terre des hommes Child Protection Policy and were governed by its principles and code of conduct. The following points, drawn from the research teams terms of reference, provide clear instructions regarding the ethical rules and consideration of the research:

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The research will be guided by the following ethical rules/considerations: The outcomes and conclusions of the research must be correct, trustworthy, cross-checked and open to scrutiny without embarrassment to TdhL and Insan. The researcher must respect the privacy of the persons interviewed. The researcher must consider the level of vulnerability and protection status of the research targets and adapt their questions and attitude accordingly. Tdh has the best interests of the child as its central theme of the research. This is to be interwoven into all aspects. If during the process, the researcher becomes aware of a child in need of protection and/or assistance, the best interest of the child takes precedent over the desired outcomes of the research. This research should not put any child in danger and if a request is made for assistance or the researcher recognises a risk, the appropriate resource agencies will be activated to assist the child when possible. The research will be as child led as possible, utilising child participatory techniques. Childrens opinions will be actively listened to and encouraged. Childrens right to privacy and confidentiality will be maintained to the highest level. The researcher must sign the Terre des hommes Child Protection Policy and Code of Conduct and be willing to adhere to its principles and expected practices. If a breach of the policy or code of conduct takes place the researcher will be terminated immediately without any financial burden on Tdh or Insan.

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Section Two Background: Domestic migrant workers in Lebanon

Context
This report focused on migrant women working as domestic workers in Lebanon and the effect that their work has on their families. Migrant women employed in this area fall into two broad categories: live-in and freelance. 6 The vast majority of domestic workers initially come to Lebanon as live-in help sponsored by a Lebanese employer, known as the kafalah system. These women working as live-in domestic workers do not have children in Lebanon, although they may very well have dependents in their home country. Sometimes, they choose to stay on in Lebanon after their contract has finished and find work independently. Sometimes, these women may start a family and earn their living by selling their labour on a freelance basis. Therefore, although the target group for this research was migrant worker women with children, contact was also made with women who were or had been live-in domestic workers, because their situation provides the context in which most migrant domestic workers come to live and work in Lebanon. 7 For this reason it is important to outline the recruitment process of workers into Lebanon in order to better understand the context in which they come and stay in the country, with the several levels of vulnerability that they face throughout their time here.

History
In the twentieth century, the phenomenon of migrant workers coming to the Middle East from Asia and Africa dates back to the 1970s. The key event that sparked the current migration trend was the oil boom that started in 1974. This resulted in a surge of wealth for Arab states and therefore an increase in their standard of living and purchasing power for human and material resources. 8 In Lebanon particularly, young women from poorer, rural areas were traditionally employed as domestic workers in the houses of the wealthy. But the possibility of employing foreign workers for lower wages, coupled with what one scholar has called the increased
Live-in domestic workers have contracts with a single employer and live in their employers house. Freelance workers live independently and may work for several different employers on a non-contractual basis. Due to the dictates of the kafalah system, this type of employment is technically illegal in Lebanon. 7 The exception to this are Sudanese domestic workers. Though they are a particular case, they have been included in this study for reasons stated in the Executive Summary. 8 Jurendini (2003:2)
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racialisation of the profession, 9 has led to massive demand for women from Asia and Africa to come and be employed as domestic workers in Lebanon.

Current situation
For decades, women have been coming to Lebanon from labour exporting countries such as the Philippines and Sri Lanka, where billions of dollars of remittances from nationals living abroad represent some 10% and 9% of gross domestic product respectively. 10 In 1996, the Lebanese The Minister of Labor stated that there was no less than US$10 million a month being repatriated from the wages of foreign maids in Lebanon. 11 More recently, there has been an influx of women coming from Ethiopia, Madagascar, Nepal and Bangladesh. There are also many Sudanese women who work in the domestic sphere, although, as noted in the introduction, they have probably not come to Lebanon for that purpose but take up employment in the domestic sector because it is unregulated. It is estimated that there are currently some 200,000 Afro-Asian migrant domestic workers in Lebanon, 12 earning between $100-250 per month as live-in help, or charging between $35 per hour if work as freelancers. Table 1: Statistics on migrant workers in Lebanon by country 13
Percentage of migrants who are women (% of total Number of work permits issued for first time in 2008 2,520 5,915 266 4,756 13,225 1,211 4,994 Number of work permits renewed in 2008 14,124 15,770 1,277 1,982 29,722 692 6,039 19-21

Country

Estimated population

Average age

Average monthly wage $150 $200

Consular representation

Sri Lanka Philippines Sudan Nepal Ethiopia Madagascar Bangladesh

80-100,000 30,000 4,000 17,000 20,000 5,000

85% 90%

18-24 $100 $150

Embassy Embassy Embassy Honorary Consulate Honorary Consulate Honorary Consulate Embassy

Jurendini (2003):4 Figures for Philippines from World Bank website: http://blogs.worldbank.org/eastasiapacific/remittances-and-the-philippines-economy-theelephant-in-the-room (accessed 20 October 2009). Figures for Sri Lanka from HRW report (2007:2 11 Jurendini (2002):3 12 http://www.hrw.org/ar/news/2008/04/29/lebanon-protect-domestic-workers-abuseexploitation. (accessed 13 April 2010) 13 Sources: Estimated total population given by embassies or community leaders. Information on work permits contained in the Annual Statistical Bulletin 2008. Available through http://www.cas.gov.lb (accessed 20 October 2009)
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Causes of vulnerability and abuse of migrant domestic workers in Lebanon
In recent years, the difficult and sometimes abusive conditions faced by domestic workers in Lebanon, including confiscation of identity papers, withholding of wages or food, confinement to employers residency, unlimited working hours, physical abuse and sexual abuse, have been well-documented by media and human rights organisations. 14 All these factors combine to result in many considering the conditions in which migrant domestic workers live and work to equate to a form of modern slavery. 15 In some extreme cases, such treatment has gone as far as causing the death of migrant workers. 16 In 2008, Human Rights Watch (HRW) estimated that these deaths were occurring at the alarming rate of one per week. 17 The underlying causes for such treatment are outlined below. a) Employment process Before even leaving their home country, domestic migrant workers become exposed to a series of compromising practices during their employment process, in which employment agencies act as the middle-man. Most agencies have offices in both the sending and receiving countries. The former work as recruiters of domestic workers, often targeting poor, lowincome areas where women have little prospects for economic success, while the latter lodge the potential employers requests for domestic staff. Although formally it is the employer who covers all the costs of bringing the worker to Lebanon, including airfares, visas, health check-ups and agencies commissions, recruitment agencies often charge fees at both ends. As documented in a Human Rights Watch report in the case of Sri Lanka, potential employees are often charged a hefty fee by the recruitment agency at the sending end. In order to pay such fees, women are forced into taking loans from local sources, sometimes at exorbitant interest rates. 18 The result of such a system is that both parties, employer and employee, incur high financial stakes in the transaction, with the employee entering into a form of debt bondage and the employer making a significant investment. This investment can subsequently serve to legitimise future abuse, such as the employer confiscating the employees passport or restricting her physical movements, under the pretext that the employee was a costly acquisition that cannot afford to be lost.

See for example, Jurendini (2002), HRW (2007) and Young (2000) See Arabian, L. (2006) Women Domestic Migrant Workers in Lebanon: A Modern form of Slavery, and Russeau, S. (2009) The New Slavery: Domestic Workers in Lebanon. 16 Mahdawi, (2009) 17http://www.hrw.org/en/news/2008/08/24/lebanon-migrant-domestic-workers-dying-everyweek (Accessed 6 August 2010) 18 Human Rights Watch (2007:24-25)
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b) Kafalah system Flaws in the employment process constitute only a fraction of the sources of vulnerability for migrant domestic workers in Lebanon. In order to initially enter Lebanon, a female domestic worker must be sponsored by an employer. This system, known as kafalah in Arabic, links the migrant domestic workers immigration process and residency and employment permits to a single person, which binds the migrant domestic worker to her individual employer. An unequal relationship results from the kafalah system whereby the employer is left with significant control and leverage over his/her employees. Such authority in the private context of the household increases the likeliness of an employer treating his/her domestic worker abusively and decreases the likelihood of such abuses being reported. c) Lebanese Labour Law Once in the country, domestic migrant workers are explicitly excluded from Lebanese Labour Law: Article 7 states that all workers are covered except domestic workers. This means they have little or no recourse to channels through which they can seek legal redress for any abusive treatment that may occur, a system that fosters impunity towards the abuser and, by default, enables abusive treatment to continue. d) Contracts Workers sign a contract in their home country before leaving, which stipulates wages and working hours, but are often made to sign a second contract upon their arrival in the country of employment. The conditions of this second contract are often stricter than the first, and more unfavorable to the employee. It can stipulate longer working hours, less pay and less or no days off. The worker, however, is not always aware of this, because most of these contracts are in Arabic, and she therefore is not aware of the contents of the document she is being made to sign. When the period of contractual labour is over, the employment contract normally stipulates that the employer will pay the cost of the airfare so that the worker can return to her country. However, there are a variety of reasons why women do not return to their country but stay on in Lebanon. For example, the employer may simply not fulfill their part of the bargain; a worker may have run away from her employer because of abusive treatment and has no financial means to return home; or the worker may seek out a Lebanese sponsor that does not require them as live-in help. Because their contract with their employer is broken, any migrant worker who stays on in Lebanon does so illegally. This results in a sizable population of migrant women living in Lebanon working as domestics on a freelance basis, whereby they live independently and work illegally as domestic workers, being paid on an hourly basis. It is these women who stay on in Lebanon that may start families here, and it is their children that have constituted the target group of the current research, and their views are expressed in section 3.

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Potential sources of protection of migrant workers in Lebanon
a) International legal texts Although migrant domestic workers are not protected by domestic labour laws, Lebanon is a signatory of the Universal Declaration of Human Rights and the International Covenant of Economic and Social Rights, which mandate it to take action against rights violations on its soil regardless of the nationality of the plaintiff. For over a decade, these frameworks have been used by migrant workers to take their employers to court for human rights abuses. While only fraction of cases have actually ruled in favour of the migrant worker, such international legal texts remain key instruments for defending against abusive treatment of migrant domestic workers. b) The unified contract In 2009, the Office of the High Commissioner for Human Rights (OHCHR) and the International Labor Organization (ILO) supported the establishment of a Lebanese Steering Committee responsible for drafting a new unified contract for women domestic workers in Lebanon. The contract stipulates a set of common standards to protect domestic workers in Lebanon; standards which all employment contracts should adhere to before a work permit can be issued by the Ministry of Labor. 19 Such protection mechanisms include the workers right to decent clothing and food, sleeping quarters that respect their privacy, a weekly day off and annual holidays, health insurance and no more than 10 hours work per day. It also states that workers may leave their place of work if these conditions are not respected. Originally drafted in Arabic, the contract has been translated into several different languages, so that workers can read the contract in their own mother tongue. Despite constituting a major development in the drive to ensure that the rights of migrant domestic workers in Lebanon are respected, the unified contract has so far been met with limited success. The main reason for this is that both employers and workers are not aware of the unified contract, and therefore still use the arbitrary contracts provided through employment agencies. Moreover, the unified contract is still bound by the dictates of the kafalah system, meaning it only applies to live-in domestic workers. There is still no mechanism for legalizing or protecting migrant domestic workers who live independently and work on a freelance basis.

19

http://www.ohchr.org/EN/NEWSEVENTS/Pages/UnifiedContractLebanon.aspx (Accessed 6 August 2010)

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c) Ministry of Labor In addition to endorsing the new unified contract, the Ministry of Labor has taken steps to support domestic migrant workers in Lebanon. The most recent of these was the establishment in May 2010 of a telephone hotline hosted by the Ministry to receive complaints from domestic workers about breaches of the unified contract. Two operators are available from 8am to 2pm to take calls, afterwards complaints are recorded on voicemail and operators should return the call. However, similar to the unified contract, awareness about this service is piecemeal due to lack of publicising, which has led to the service not being used to its maximum potential. d) Embassies and honorary consulates One of the main sources of potential protection and support for both live-in and free-lance domestic workers are the embassies or honorary consulates of their home country. In addition to standard consular services, some embassies offer legal advice, psychological counseling or even shelters that their nationals can access if needed. For example, in the case of a worker imprisoned because of lack of documentation, a worker fleeing an abusive employer or spouse, or a worker attempting to retrieve documents withheld by an employer. In recent years, the Sri Lankan and Filipino embassies have made efforts to develop such services. Embassies can also act as mediators in disputes between the worker and the employer or even the employment agency. Because of their limited human and financial resources, honorary consulates tend to offer less substantial services than embassies. e) NGOs Despite the very strong presence of NGOs in Lebanon, only a handful of these deal specifically with migrant workers. An informal coalition of local and international NGOs, including Human Rights Watch, Caritas Lebanon, ILO, Kafa (Enough Violence and Exploitation Against Women) and Insan Association, have all been active in bringing issues facing domestic workers to the forefront of policy debates through awareness raising campaigns and lobbying. Together, this coalition has provided a strong voice for lobbying the Lebanese government to guarantee that the rights of domestic workers in Lebanon are respected and ensure that any violations do not go unattended. With respect to service provision, Caritas Lebanon is the principle actor, and has been offering services through its Migrant Centre (CLMC) since 1994. The CLMC provides legal, social, medical and psychosocial support through its several affiliated centres and shelters in Lebanon. In cases of severe abuse, the CLMC assists in relocating the worker with another employer or repatriating the worker to their home country.

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Kafa has also recently begun to provide services to the migrant domestic worker community. In 2010 it established the Exploitation and Trafficking Unit, which is currently piloting a one year long project focusing on domestic migrant workers. Sponsored by the Danish Refugee Council, the project is multi-faceted and combines a research component 20 and awareness raising activities with such services as a hotline to lodge complaints of abuse and social workers to offer support and legal advice. The awareness raising activities have included a photo exhibition and a series of newsletters to be published in 2010. According to Ghada Jabbour, Head of the Unit, the newsletters aim to provide a space for migrant workers to share stories amongst themselves and Lebanese, 21 which is why they have been published in 4 languages. 22 Alongside encouraging dialogue, the newsletters aim to tackle the lack of awareness about service provisions and legal technicalities relevant to domestic workers by clearly outlining the provisions of the unified contract and providing a detailed directory of organisations and services in Lebanon who work with domestic workers. 23 f) Churches Another major source of support for migrant workers and their families is the network of churches present in Lebanon. Functioning under the auspices of the Ecclesiastic Council of Lebanon, the Pastoral Committee of Asian-African Migrants was established in 1997 as an umbrella organization that oversees the work of four Catholic centres dedicated to assisting the migrant community. 24 Along with religious services, these centres host recreational events, assist in retrieving confiscated passports from employers, conduct prison visits to detained migrants and offer welfare, legal, and medical services. Because of its own links with the Ecclesiastic Council of Lebanon, the CLMC coordinates with all these centres. g) Community leaders Communities are a huge source of support and protection within the migrant worker population. Each national, and sometimes religious group has a community leader. Some of them work in conjunction with the embassy or consulate, some work through CLMC, while a select few function independently. In most cases, community leaders act as a focal point between individual workers and the bigger groups and organisations that assist them. Several community leaders work in conjunction with NGOs or embassies. Alternatively, there are community leaders who provide facilities and services independently, such as opening up their own homes as shelters for runaways. They do this because they feel that the structures in place do not meet the needs of members of their communities.
20 21

See, for example, Kafa (2010) Ghada Jabbour, Kafa. Personal interview 8/7/10 22 English, Arabic, Tagalog and Nepalese 23 See Annex 2 24 Jurendini (2002):12

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I provide a safe space because there are no other options for Nigerian women living in Jounieh. Women who run away from abusive employers otherwise would end up in the streets so I opened my home and we live as a community. (name withheld) Nigerian community leader. It is important to note that sheltering runaway domestic migrant workers in private homes is illegal, which means that by meeting the needs of the most vulnerable members of community, these leaders are putting themselves in danger. Community leaders have also been instrumental in organising recreational activities. With the help of the Philippines Embassy, key members of the Filipino community launched a womens football league, which holds weekly matches on Sunday afternoons. 25 Members of the Nigerian community have also started their own assembly for organising both social activities and support networks for families in need. 26 Community leaders play a key role in helping to address the needs of migrant worker communities. However, sometimes they do not receive sufficient support to fulfill their roles, an issue which will be dealt with in the following chapter. h) Media and civil society activism Recently, the plight of domestic migrant workers in Lebanon has received considerable attention in the local print and televised media and has been the object of campaigns by various civil society groups. For example, the 24/7 Campaign was recently launched by a group of these civil society actors in order to highlight the plight of domestic migrant workers to mark Labour Day 2010. A series of fundraising and awareness raising events were organized, including a street demonstration, alongside an online petition to lobby the Ministry of Labor to become more active in defending migrants rights. Multimedia attempts at documenting the difficulties faced by domestic migrant workers in Lebanon have flourished, with two documentary films being made on the topic, entitled Maid in Lebanon, alongside a host of internet blogging sites. 27

25 26

Personal interview with Matthew Cassel, 29/6/10 ibid. 27See, for example, the Ethiopian Suicides blog: http://ethiopiansuicides.blogspot.com/ (accessed 13 April 2010) and articles on Daily Star journalist Dalila Mahdawis Gutter Poetry http://gutterpoetry.wordpress.com/tag/migrant-domestic-workers/ (accessed 6 August 2010)

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Children and families of migrant workers

The previous paragraphs indicate that despite the difficult situations facing migrant domestic workers in Lebanon, there has been considerable movement on many fronts in recent years in order to address them. Most interventions, however, have focused on live-in domestic workers, women who live in the country without family or children. So far, the lives of migrant domestic workers who have children have not yet been the subject of critical inquiry. It is these voices that this report hopes to share. It is very difficult to give an accurate estimate of the number of children of migrant workers in Lebanon. Although the majority of children of migrant workers have been born in Lebanon, it is important to note that migrant workers themselves may be considered children, in cases where a girl is under-18 years old but who has been encouraged to lie about her age in official documents in order to enter Lebanon as a worker. 28 Children born in Lebanon to migrants who do not have legal residential or employment status will not have their births officially registered. There are, therefore, no official statistics about the number of these children. A representative of the CLMC estimated that there are as few as 150 children in total, 29 while another NGO, Insan Association, records having worked with 300 migrant children in under 5 years. 30 Moreover, because of their illegal status, such children are often kept on the margins of society as an initial means of protecting them. Consequently, they often miss out on educational and social activities, which can further contribute towards their isolation. Existing services for children of migrant workers The CLMC primarily works with adults, however it does offer services catered towards children, including a 3-week long summer camp and non-formal education in its shelters. Najla Chehada, Director of the CLMC, maintains that there arent very many children of migrants in Lebanon, which is why the direct services the CLMC offers for children of migrants are relatively limited. The CLMC does indirectly support activities for migrant children through partner organisations, such as Insan Association. Insan runs a school, provides psychosocial and outreach support to migrant families and has set up a safe house to accommodate the most vulnerable children, those facing major child protection concerns. Insan also runs a series of recreational activities for migrant children, such as Capoeira lessons and street-based animation. In 2010, it conducted a seven month long project in partnership with Association Najdeh and Samandal, which aimed to promote cultural exchange and dialogue amongst
28

Though the current report does not address this issue, it is an important factor to bear in mind when discussing issues related to migrant children. 29 Telephone interview with Najla Chahada, 20/09/09. 30 Personal interview, Lala Arabian. 14/10/09

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children from different migrant and refugee backgrounds through a series of workshops teaching comic strip drawing techniques. 31 The Insan School, located in the eastern Beirut suburb of Nabaa, caters specifically to the needs of children of migrants who have often missed out on early education opportunities. The school has a tailored curriculum designed to assist these children in attaining the educational levels necessary for entering into Lebanese schools. According to Lala Arabian, Project Manager of Insan Association, the school has assisted over 300 children of migrants since 2004. Upon completing Insan School, 35% of these children have been registered to continue their education in the Lebanese schools with which Insan has links, including the College des Frres Unis and Dar Al Awlad, run by Kids Alive International. 32 A further 7% have been referred to vocational training courses. 33 For migrant families in general, the community serves as the primary avenue for support. Cultural and religious events provide opportunities for migrant families to socialise with their children. For example, migrant domestic workers can often be seen attending church with their children. One journalist observed a childrens choir singing during a celebration of Sri Lankan New Year. 34 Community ties can also be instrumental in finding solutions to day-today obstacles, such as the challenge of finding childcare facilities while the parents are at work. One case was identified of a beauty salon run by a Cameroonian woman in a northern suburb of Beirut which doubles as an informal crche. 35

31 32

Personal communication, Lala Arabian, 2/8/10. Personal inerview, Lala Arabian. 05/10/09 33 ibid 34 Matthew Cassel. Personal interview, 29/6/10 35 ibid

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Section Three Assessment Findings: Protection needs of migrant communities and children
The research revealed several key areas of concern for domestic migrant workers and their families, which were consistently raised by all participants - parents, children, I/NGO staff and community leaders alike. These can be divided into two groups: There are those factors that affect the migrant community as a whole; and there are those particular factors that specifically affect the children of migrants and constitute child protection concerns. It is important to document the overarching factors of vulnerability alongside the specific child protection issues, because the former give the context of the latter. Examining the needs of the domestic migrant worker community as a whole enables us to better situate the needs of its most vulnerable members: children.

Main areas of concern for members of the domestic migrant worker community
Data for this category was collected through interviews with domestic migrant workers who did not necessarily have children but were community leaders and were aware of the needs of their communities. This section also incorporates the views of NGOs that work with migrant workers and embassy personnel. The most common factors cited as constituting areas of concern for the domestic migrant worker community are outlined below according to priority/frequency of mention. 1) Violence and abuse (racial, physical, sexual, psychological) The most common source of vulnerability and danger mentioned for those employed as domestic migrant workers are abuse or violence of physical, sexual, psychological or racial character. This can include anything from harassment in public spaces to gross violations of person and dignity in the work place, going as far as rape and, in the worst cases, even murder. 36 People don't treat you like a person. They don't listen to you, call you Ya Saouda, ya chocolat 37 . I can never respond. If I respond there will be violence; physical violence. (name withheld) Sudanese Muslim community leader.

36 37

See HRW (2008) Hey, black woman; hey chocolate.

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Almost all of the community leaders and migrant domestic workers interviewed during this research expressed experience with racism and discrimination from the Lebanese society on a daily basis. This was a major reason for many of them to create their own social networks so that they could provide a space or network that allowed them to feel secure by being around others in similar situations coming from their nationality. I had a case where a Nepalese girl was raped by the son of her employer and then he invited over two guys who also raped her. Around midnight she managed to run away to a church that she knew. The next morning the members of the church took her to the hospital. After she ran away, the employer filed a police report claiming that she had stolen money and ran away, which later managed to get her detained. (name withheld) Nepalese community leader. Within the scope of this research, this category of vulnerability was mentioned in the context of protection offered to domestic migrant workers who were suffering from such abuses, whether in the form of shelters, legal support or psychological assistance. The CLMC has a secret shelter open to women who are fleeing abuse from their employers. Some community leaders, one being from the Eritrean/Ethiopian community and another from the Nigerian community have opened their homes as shelters. The Filipino and Sri Lankan Embassies also offer shelters for this purpose. When I started work with this family I was sexually abused all the time by the father of my employer. The kids would beat me every day and I would try to explain to the Madame but she wouldnt do anything. Sometimes the father would come to sleep with me and threaten that if I refused he would beat me. So I left the house. (name withheld) Ethiopian migrant domestic worker. As mentioned in the previous section, domestic migrant workers who encounter severe violence and abuse do have access to a handful of options. Its reputation as the main service provider for migrant workers in Lebanon means that Caritas is often the first place many domestic workers turn, where they can benefit from the shelter, counseling and legal advice. Such services may also be sought in the embassies that provide them, namely the Sri Lankan and Filipino Embassies. These Embassies have taken it upon themselves to protect those members of their community who have encountered such violence and abuse.

2) Lack of documentation and legal status There are several ways in which a migrant domestic worker can be penalised because of their lack of proper documentation in the country. Migrant domestic workers caught without their papers by the Lebanese security forces are often sent to prison or detention centres. The exact numbers of workers currently in prisons for this reason is unknown, but a significant aspect of service provision by the CLMC, embassies and community leaders

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involves addressing this issue by visiting prisons in order to deliver food and clothing to detainees. Live-in domestic workers are at risk when, as mentioned in the previous section, their employers confiscate their passports. If the worker faces abusive working conditions and decides to flee, they suffer the complete loss of legal documentation. Because they dont have papers they are immediately sent to the prisons where they lose six months of their lives. Why not give the employer a copy of the passport and let the worker keep their passport and iqama 38 instead? (name withheld) Eritrean community leader. The condition of freelancers is even more precarious, as many of them have stayed on after an initial live-in contract has ended and are living and working in Lebanon illegally. Because this makes them susceptible to detention by Lebanese security forces, it means they deliberately restrict their movements and live in a constant state of fear of being caught. Many of the women that you see in Dora dont have legal papers and when the police see ten Filipinos in the streets together they immediately rush to harass them and ask for their papers. Before even taking their papers they police will bargain them for bribes to not take them to jail. (name withheld) Filipino community leader. Members of the Sudanese community are particularly affected by the lack of legal standing, as many have come to Lebanon fleeing the conflict in their home country and seeking asylum or refugee status but are not granted it. This does not only expose them to the possibility of being detained or imprisoned, but it also means that they can be refused assistance by NGOS. I went to Caritas when my husband was ill and asked for oil and salt. I also explained our situation and that we are in need of assistance for medical needs and they turned us away because we didnt have refugee status. We even tried to go the Palestinian Red Crescent (PRC) and they told us there is no assistance for Sudanese unless we have and ID card from the PRC. A Sudanese refugee living in the Sabra refugee camp. UNHCR has 636 Sudanese registered under its care, 114 as refugees and 551 as asylum seekers. 39 However, because Lebanon is not a signatory to the United Nations Convention Relating to the Status of Refugees, even those Sudanese who are granted refugee status by the UNHCR are still not strictly legal and vulnerable to detention. 40
38
39

Residency permit UNCHR Lebanon Fact Sheet July 2010. Personal communication, Lara Ajjawi 8/10/09.

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Some Sudanese participants claimed that in recent years, assistance to Sudanese has been severely cut, particularly since 2006 when Lebanon witnessed a huge influx of Iraqi refugees and funds were diverted to meet that emerging need. For example, one community leader for the Southern Sudanese population used to receive $300 every three months from the UNCHR, but that assistance stopped in 2006, compelling her to seek employment illegally in order to sustain herself and her two children. Even though you are a refugee with status, no one can help you. The UNHCR status doesn't protect refugees or allow them to work. So we are a target in a foreign land. (name withheld) Southern Sudanese community leader and freelance domestic worker. 3) Limitations in NGO service provision As the major NGO in Lebanon that provides services specifically for migrant workers, it is undeniable that the CLMC plays a much-needed role. Nevertheless, some of the participants in the research expressed some reservations about aspects of its service provision. On a logistical level, some participants noted shortcomings in the CLMC referral system. CLMC policy is that it does not intervene in cases of maltreatment or abuse unless they are contacted by the domestic worker themselves or referred by the community leader. This makes it very difficult for live-in workers who face severe restrictions on their movements and are isolated from fellow community members to access CLMC services. The story of one domestic worker from the Democratic Republic of Congo is a case in point. While being interviewed across the balcony of her employers home, she said: I have been confined to the apartment for four years, only being let outside to take out the trash. I have no room to myself and sleep on the kitchen floor. This woman used to have long braids, but at the time of the interview her head had been shaven by one of her employers. Having concerns that this woman was being mistreated by her employers, the interviewer approach the CLMC and explained the situation. Although sympathetic, they explained that in order for them to intervene, the woman would need to contact them personally. This incident highlighted the operational difficulties that the CLMC encounters in accessing and responding to the needs of domestic workers.

40

In 2003, UNHCR and the Lebanese Government signed a Memorandum of Understanding which states that refugees and asylum-seekers will be tolerated, but only for a limited period, pending resettlement or voluntary repatriation. See http://www.unhcr.org/pages/49e486676.html (accessed 20 October 2009)

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Another source of tension between members of the migrant community and NGOs is specific to those migrants working as community leaders or representative. What seems to have begun as a positive model of community volunteerism is currently resulting in community leaders feeling overburdened and under-supported. They are expected to perform various tasks including social work and translation, some of which require travel and related costs. Considering that the role of community leader is sometimes played alongside other paid employment, some community leaders that participated in the research were critical of how they were not being fairly remunerated for their efforts. As one community leader told us: It would be great if some of these NGOs who are interested in working with migrant workers would hire us as community leaders. Right now I work with Caritas and the Nepalese Honorary Consulate but neither takes care of my work papers or financial assistance and I work with them full time in between also working two shifts. (name withheld) Moreover, participants voiced frustration at the lack of options available to them in terms of service provision. Domestic workers who are Muslim also voiced their reservations about dealing with the CLMC because of its Christian groundings. One member from the Sri Lankan community said that the reason why she works through Caritas is because it is the only option for workers who require assistance in terms of prisons and shelters. We need an alternative to Caritas because they are the only ones providing assistance in terms of shelters and access to the prisons. (name withheld) Madagascan community leader. We need shelters outside of Caritas that provide assistance for Muslim women and that are free from the General Security. (name withheld), Nigerian community leader. As the main service provider for domestic workers in Lebanon, the CLMC is the subject of criticism from beneficiaries because its capacities cannot meet the needs of the communities. A recurring theme from participants was suspicion of the close links between the CLMC and the Lebanese General Security, which is the governmental body in charge of foreigners in Lebanon. Some interviewees stated that workers were wary of the CLMC because of its ties with the body responsible for detaining or arresting migrants and refugees, and feared that Caritas could not provide them with the independent and unbiased support that they needed. Such suspicions have been exacerbated by media reports that have highlighted cases in which the CLMC has cooperated with the General Security by using its shelter facilities to detain refugees, such as in the case of Iraqi refugee Yousra el-Amiri. Although she had initially been granted refugee status by the UNHCR, Amiri was arrested by the General Security and

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detained at their detention centre in Adliyeh. Following a court ruling stating that Amiris detention was illegal and demanding her release, Amiri was transferred to a CLMC shelter, an act which sparked outrage in human rights circles. 41 During a press conference held by Caritas to explain its position on the issue, a representative of the NGO maintained that Caritas is a humanitarian NGO, not a legal one, and that Amiri came to the centre by her own request while her documents were being dealt with. 42 Regardless of the exact level of cooperation between the General Security and Caritas, the reaction of the human rights community in Lebanon and the media coverage of the event contributed to a wide-spread sense of unease and suspicion amongst vulnerable members of the migrant community, particularly those living and working illegally. In turn, this made many migrants reluctant to seek out the services of the CLMC and led them to request other alternatives in service provision. 4) Limitations in Embassy/Consular support

As stated in the previous section, embassies do offer valuable services to their nationals living in Lebanon. Several shortcomings have, however, been identified. Honorary consuls that exist in the absence of an embassy tend to be understaffed and underfinanced. Therefore, they tend to use community leaders for outreach or social work on either a paid or unpaid basis. For example, one Madagascan community leader, Marie, 43 performs her tasks through the Madagascan consul, who recently arrived in Lebanon. According to Marie, the consul before him was not interested in the situation of workers in Lebanon but the current consul is trying her best to help, despite receiving no financial assistance from the Madagascan government. Consequently, Marie is paid $200 per month by the Madagascan consul to work seven days a week, with unlimited hours. Although she receives some form of financial compensation for her work, which involves visiting prisons and hospitals and referring abused workers to Caritas, it is the same salary received by live-in domestic workers. Not only is the amount insufficient to cover the transportation costs of her work, it is not enough to enable her to afford an apartment. This is a similar situation to those community leaders who lend their time to NGOs for the benefit of their communities: although their efforts are positive

41

For comprehensive coverage of this incident, see the aticle in Now Lebanon http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=141586 (accessed 13 April 2010) and the article published in Al Akhbar http://www.al-akhbar.com/ar/node/173750 (accessed 13 April 2010). See also http://www.migrant-rights.org/2010/01/18/lebanese-general-securitymaintain-arbitrary-detention-of-iraqi-refugee-against-judge-decision-and-moi-orders/ (accessed 13 April 2010). 42 For video footage of the CLMC press conference, see http://blip.tv/file/3108575 43 Not her real name.

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attempts at community mobilisation, the volunteers do not receive adequate support to fulfill their roles. In other situations, the relationship between the embassy and an individual from a segment of its national population can be antagonistic. I started visiting the prisons and even wrote an article talking about the situation of the women here and the lack of support the Sri Lankan embassy provides for their nationals. As a result, the Sri Lankan embassy asked the General Security to have me arrested so as to silence my work and they also made sure that I no longer had access to the prisons. (name withheld) Sri Lankan community leader. Embassy antagonism is particularly present within the Sudanese community because of the nature of the conflict in Sudan. According to some Sudanese refugees who participated in the research, the Sudanese government and its embassy in Lebanon can consider refugees coming from Southern Sudan to be rebels and refuse them services. 44 If I had an embassy that cared for me, of course I would try to get a residency license. (name withheld) Southern Sudanese community Leader.

Main areas of concern for the children of migrant workers

This category considers data collected from domestic migrant workers who have children and migrant children themselves. This data was gathered through a series of field visits to migrant families and three FGDs. The main areas of concern mentioned by respondents are outlined below according to priority/frequency of mention. 1) Lack of legal status The biggest danger is the iqama, because children can be taken away from their parents. Raouda, Sudanese migrant worker and mother When asked about the dangers facing their children, parents of migrant children overwhelmingly cited the lack of legal status. As previously noted, lack of legal status affects the domestic workers themselves, but the repercussions for children are magnified. A pressing fear of migrant worker parents was that if they were caught and taken to prison, their children would be left without anyone to care for them. Meanwhile, parents also feared that if their adolescent children were caught, they would be detained in difficult conditions and the parents would have to pay large sums to release them.

44

This could not be confirmed by the staff at the Sudanese Embassy. Needless to say, Tdh does not support these views.

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Consequently, migrant parents tended to dissuade their children from leaving the house after school, on weekends or during holidays. Parents apprehension about letting their children out of the house was reflected in the findings of the two FGDs conducted with migrant children. When asked what they did in their free time, over half cited in-house activities, such as watching television, playing computer or video games, doing homework or helping with chores. This was particularly true for the younger children, aged between 6 and 9 years old. The following graphs illustrate this issue. Figure 3: Free-time activities in 6-9 age group

Outdoors activities: football, swimming, beach 2nd Quarter

Figure 4: Free-time activities in 10-13 age group

Outdoors activities Indoors activities

2) Racism and discrimination Parents spoke of children regularly being exposed to discrimination and racism from the Lebanese society mainly due to their parents social status. In Lebanon, migrant domestic workers are considered servants and are looked upon as slaves rather than employees. This stereotype is then reflected on how the children are treated by other Lebanese children in the schools and in their neighborhoods. My kids came home very upset and said that they were being picked on in the school so I went to the school to speak with the director and she told me that she could do nothing because they have a lot of kids in the school. Amina, Sudanese migrant and mother

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In turn, those children suffering form racially-motivated discrimination can become reclusive, accentuating their already marginalised status in Lebanese society. Our kids were constantly being beaten by Lebanese kids in the school so now they refuse to attend. Touna, Sudanese migrant worker and father 3) Economic and health-related problems Medical needs are another pressing issue for migrant families. In some cases, when an adult family member is ill the children are encouraged to work in order to compensate for lost income. This was the case with 14 year-old Wissam of Egyptian-Lebanese descent, who works at a beach resort on weekdays and at a restaurant on weekend nights in order to contribute to his familys livelihood. In other cases, chronic health problems mean that children do not get the medical care they need. My son Assif had an eye problem and he needed an operation. I saved money and was able to pay, but now he needs a second one and I dont have enough money. So well have to wait till we go back to Bangladesh. Ruby, Bangladeshi migrant worker and mother Those that have refugee status are marginally better off, with the UNHCR paying 70% of medical bills. With all other costs, including rent and school fees, even that amount is difficult to meet, especially if several members of the family have health problems. I have an injured disc problem, which keeps me from working. My daughter has heart problems and my husband has asthma. You see all these medical bills. My husband is the only one working and we dont have the funds to pay and even we are not able to pay for our childrens school fees so they will not be enrolled this year. Amina, Sudanese migrant and mother 4) School-related difficulties Several parents interviewed mentioned the difficulties faced in terms of schooling, including lack of academic support and problems with access. My children have problems in English and (classical) Arabic in school, and I am unable to help them. This is why I started taking English classes: I want to learn as much as I can to help my children. Arafa, Sudanese Muslim community leader and mother of five

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There are several problems facing migrant children in terms of access. The main one is financial, in that it is often difficult for families to pay for tuition fees. According to Insan Association, 8% of children currently enrolled at Insan School between 2006 and 2010 had dropped out of their former school for financial reasons. 45 Were not all in the same conditions. Some can afford to send their children to private schools, and those with 1 or 2 kids are ok. But most of us live in difficult conditions with insufficient salaries, especially if we put our kids in school. Raouda, Sudanese migrant worker and mother Transportation is often a major issue, with children living in some parts of Beirut or in the suburbs having to travel considerable distances in order to get to the schools that will accept them. Such travel is often expensive. Combine this with the cost of books and uniforms, the result is that the schooling process is considered a serious financial burden for migrant families. Even if the problem of funds could be overcome, there is no guarantee that migrant children could stay in the Lebanese school system. Most schools which cater to or at least accept migrants, such as the C.F.U and Dar al Awlad, only run until sixth grade. Finding secondary schools willing to accommodate migrant adolescents is no easy task, considering that the majority of secondary schools give priority to Lebanese students, amongst whom there is also a high demand. Lastly, supposing that the financial or structural problems can be overcome, some migrant children end up dropping out because of family constraints. This was the case of 16 year-old Mona, of Jordanian and Sri Lankan descent, whose parents were discouraging her from attending secondary boarding school so that she could stay at home and take care of her three younger siblings. Despite these pressures, Mona still has aspirations: I would like to find a trade school so that I can learn to work in a coiffure and earn money to support my family. Also, I want to learn English so that I can get a better job. Mona, 16, Sri Lankan-Jordanian 5) Lack of childcare and child-safe environments In the course of the research, childcare emerged as a key area of concern for the families of domestic migrant workers. In some cases, a lack of childcare facilities had prevented mothers from continuing with their work, even though they may have been keen to have the additional income.

45

Personal interview, Lala Arabian. 14/10/09

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I would like to be able to put my child in a nursery or daycare for babies so that my wife can work. If she could earn extra income it would really help our financial situation. Faysal, Sudanese migrant worker and father. In other cases, some mothers admitted to leaving their children at home unattended on weekends and during holidays while they went to work. One mother said that her own 8 year old son often babysat for the 1 and 3 year-old children of a neighbour, and if her son didnt, then she would leave the infants by themselves. All the Sudanese leave their children at home when they go to work. Raouda, Sudanese migrant worker and mother In order to protect the children from outside dangers, including racially-motivated attacks or security forces, mothers would lock their children in the house, leaving them vulnerable to a host of household accidents, including electrocution or fire. The television was very old and it went on fire. I jumped from the window but the window was higher than the floor. I wanted to jump on a car but I missed and landed on the floor on my face. I broke my tooth. Tania, 8, Pakistani-Filipina. As a result of this incident, Tania is too scared to stay at home alone by herself, so now her mother takes her to work on weekends and during school holidays. Moreover, linking up with the aforementioned issue of parents reluctance to let their children spend time outside for fear of detention by Lebanese security forces, several parents spoke about the need for safe places where their children could spend their free time. The only facility offered in this regard is a three week-long summer camp by Caritas, which has limited availability and is not open to younger children (7 and below). 6) Poor housing conditions In the course of family visits and interviews, the conditions of the houses in which respondents lived were noted as being below acceptable. In many cases, large families of five or more were living in small spaces, maybe only one or two rooms. Several houses seemed to have severe structural failings that could endanger the family inside at any time. For example, in one of the houses, the roof was caving in. Moreover, respondents claimed that rent was high, even though the buildings and apartments themselves were of particularly low quality.

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Section Four: Conclusions and Recommendations
Migrant domestic workers constitute a vulnerable community in Lebanon. They face a set of legal and economic hurdles in achieving a dignified existence, which is exacerbated by social discrimination. Although these factors affect both live-in and freelance domestic workers, they weigh disproportionally on the migrants with children and their need to provide responsible care for them whilst they are at work. A lack of protection for parents translates into a lack of protection for their children. In view of the needs, dangers and sources of vulnerability identified in the preceding paragraphs, the following recommendations for protection of migrant children in Lebanon can be made. 1. Encourage reform of the Lebanese Labour law to abolish the kafalah system The kafalah system fosters an imbalanced relationship between domestic migrant workers and their employers. In the case of live-in workers, this can lead to increased probability of abuse. As the only legitimate way of workers engaging in a contractual employment relationship, it also forecloses the possibility of migrant domestic workers choosing to work legally on a freelance basis. Being able to legally live and work independently of a single employer would mean that migrants would no longer face the fear of detention by law enforcement bodies. 2. Lobby for better protection of domestic workers by Lebanese law enforcement bodies In order to combat the culture of impunity that prevails among Lebanese employers of migrant domestic workers, Lebanese law enforcement bodies should be pressured into investigating human rights abuses of workers. 3. Improve the scope and quality of services for migrants and their families Despite the considerable efforts of NGOs and embassies, the needs of migrant communities far surpasses the available resources. Participants expressed a need to be supported in dayto-day concerns such as schooling, health and housing, and not just in times of emergency. 4. Support the establishment of services that better accommodate the multiple religious, spiritual and philosophical identities of the migrants The majority of support networks available to migrants in Lebanon, whether through churches or the CLMC, are Christian institutions. Consequently, migrants from Muslim, Buddhist or Hindu communities do not benefit from the same level of services as their Christian counterparts. Members of such communities are in need of services that fit their cultural, spiritual and philosophical identities.

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5. Ensure that migrant community leaders are better supported in assisting their communities Community leaders constitute a vital source of protection for migrant domestic workers. Unfortunately, they are often not sufficiently remunerated for the services they offer. All bodies or organisations who benefit from the services of community leaders should ensure that sufficient remuneration is accorded in cash or kind for their time and energy. 6. Strengthen existing informal childcare networks for migrants and, where these are absent, support the establishment of formal childcare facilities Migrant families where both parents work often have no options in terms of childcare. This gap should be addressed by supporting community childcare alternatives, such as informal crches, or through the establishment of formal childcare facilities. 7. Encourage educational and recreational activities between migrant and non-migrant children in order to promote cultural understanding and fight discrimination Both migrant adults and children face racism on a daily basis. It is important to tackle this from an early age by promoting activities among children from different ethnic, cultural and religious backgrounds. 8. Provide psychosocial support for migrant adults and children Migrant children require support to assist them in dealing with the racism and discrimination that they may face in school or in their neighborhoods. Such support could also be conducted within the family unit to assist migrant parents in helping their children cope with racism and discrimination.

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Bibliography
Arabian, L. (2006) Women Domestic Migrant Workers in Lebanon: A Modern Form of Slavery. Research paper submitted to European University Institute and University of Florence. Hasenau, Michael (1991) ILO Standards on Migrant Workers: The Fundamentals of the UN Convention and Their Genesis. International Migration Review (25[4]:687-697). Human Rights Watch (2007) Exported and Exposed: Abuses against Sri Lankan Domestic Workers in Saudi Arabia, Kuwait, Lebanon, and the United Arab Emirates. Volume 19, No.16(C) Human Rights Watch (2008) Annex: Deaths of Migrant Domestic Workers in Lebanon. http://www.hrw.org/pub/2008/women/Lebanon.MDW.Annex.082608.pdf (accessed 13 April 2010) ILO (2000) International Labour Office ABC of Women Workers Rights and Gender Equality, International Labour Organisation, Geneva. ILO (2008) Decent Work for Domestic Workers: Plans for a new ILO Convention and how NGOs can be involved. Beirut office. ILO (2009) Decent Work for Domestic Workers. Report IV(1). Beirut office. Jureidini, Ray (2002) Migrant Women Domestic Workers in Lebanon. Geneva: International Labor Organization (ILO). Jurendini, R. (2003) Migrant Workers and Xenophobia in the Middle East, monograph in series Identity, Conflict and Cohesion, Programme Paper Number 2, November, United Nations Research Institute for Social Development (UNRISD), Geneva Kafa (enough) Violence and Exploitation (2010) Servant, Daughter or Employee? A study on Attitudes of Lebanese Employers towards Domestic Workers in Lebanon. Kafa, Beirut Mahdawi, D. (2009) Women worked to death in Lebanon. The Guardian, Comment is Free. http://www.guardian.co.uk/commentisfree/2009/nov/10/ethiopian-women-domestic-deathlebanon. (Accessed 6 August 2010) Regional Working Group on Child Labour (2002) Handbook for action-research on the worst forms of child labour including trafficking of children. Bangkok: RWG-CL Asia Russeau, S. (2009) The New Slavery: Domestic Workers in Lebanon http://www.imow.org/community/stories/viewStory?storyId=3133 (accessed 13 April 2010) Young, M. (2000) Migrant Workers in Lebanon. Lebanese NGO Forum, Beirut

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Annex 1: List of interview participants
Date 28/08/09 28/08/09 01/09/09 02/09/09 03/09/09 Name (name withheld) (name withheld) (name withheld) (name withheld) (name withheld) Role/Organisation Madagascan community leader Madagascan migrant domestic worker Nepalese community leader Sri Lankan community leader Ethiopian migrant domestic worker Congolese migrant domestic worker Filipino community leader Nigerian community leader Director, Caritas secret shelter Sudanese Christian community leader Eritrean/Ethiopian community leader Assistant Programme Officer, UNHCR Education Officer, UNICEF Director, Caritas Migrant Center Project Manager, Insan Association Sudanese refugee Sudanese refugee Sudanese families Supervisor and Director, Bayt Al Awlad School, Basta Sudanese refugee Sudanese refugee Sudanese community leader UNHCR Project manager , Insan Association

03/09/09 05/09/09 06/09/09 07/09/09 11/09/09 13/09/09 15/09/09 16/09/09 30/09/09 5/10/09 5/10/09 5/10/09 6/10/09 7/10/09 7/10/09 7/10/09 7/10/09 8/10/09 14/10/09

(name withheld) (name withheld) (name withheld) (name withheld) (name withheld) (name withheld) May Abou Sleiman Abeer Abu Zaki Najla Chehada Lala Arabian (name withheld) (name withheld) (names withheld) Abed Al Rahman Doumyati and Riwa Bader (name withheld) (name withheld) (name withheld) Lara Ajjawi Lala Arabian

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15/10/09 16/10/09 29/06/10 08/07/10 Leonilla Robillos Samir Bashir Matthew Cassel Ghada Jabbour Labour Attach, Filipino Embassy Public Relations Officer, Sudanese Embassy Independent journalist Head of Exploitation and Trafficking Unit, Kafa

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Annex 2: Directory of Organisations and Services for Domestic Migrant Workers in Lebanon (provided by Kafa)
Government Ministry of Labor Contact Information + 961-1-540114 Hotline number for general complaints from Lebanese and foreign workers. Hours of operation: 8am-2pm, Two employees are there to answer your call. They speak Arabic, French and English. After 2pm and during the weekends, you can record your complaint. +961-1-425610 Reporting line for General Security operating 24/7 Contact Information Services St. Josephs Church, 1st Floor, near Tabaris, in Monot area, Beirut. +961-1332 601; +961 1 200 458 (Office open Tuesday/Thursday mornings) Assaf Khoury Street, Bourj Hammound, Beirut. Under the Bourj Hammound Bridge, close to the beginning of Nabaa, Beirut. Tel/Fax:+ 961-1-253793 to 5 Migrant Centre, Ave. Charles Helou, Beirut. +961-1-502550, dial ext. 127 for emergencies; carimigr@inco.com.lb Sin el Fil, street 88, Sector 1, (close to Gallery Al Arez in Nabaa). +961-1-485237, 961-70-893144; www.insanassociation.org Conducts visits to detention centers, provides detained migrants with food, assistance, and informs their families. Provides religious instruction and guidance through radio program in their languages on the Voice of Charity radio station on Sunday evenings (between 8:00pm 9:30pm, and on Friday afternoon at 4:00pm). The stations are 87.5 FM, 105.8 FM and 106.2 FM.

General Security Service Organizations Afro-Asian Migrant Center

Armenian Relief Cross in Lebanon

Provides social and medical services to refugees and migrants and others in need. Runs a health blog, available at: http://www.lokh.org/

Caritas Lebanon Migrant Centre

Provides shelter and social, legal and medical assistance to migrant workers, including victims of trafficking.

Insan Association

Works on two axes: Education and Protection. Education: runs a specialized educational program, Insan School, for migrant & refugee children not academically or psychologically prepared to attend a regular school, to prepare them and help on all aspects for later integration in mainstream education/vocational training. Protection: provides social, psychological & legal support for refugee & migrant families, psycho-social and recreational activities for children & temporary shelter, Insan House for vulnerable & a- risk children for whom no other alternative is available. Offers a 24/7 hotline and a Listening & Counseling center as well referral services to other organizations and social, legal and psychological assistance to migrant domestic workers who are victims of physical or sexual abuse. Helpline: +961-3-018019 SIDC association offers social, psychological and health services and follow up for people Living with HIV/AIDS and their relatives, for drug users and their

KAFA (Enough) Violence & Exploitation

Beirut, Badaro Street ,43 St, Beydoun Building. +961-1392220-1; +961-1-381245

SIDC (Soins Infirmiers et Dveloppement

Sin El fil- Youssef Karam St,

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Communautaire) Daou Bldg. +961-1-480714 www.sidc-lebanon.org or email info@sidc-lebanon.org Dar Al Amal Tel/Fax: +961-1-483508 Sin El Fil- Horsh Tabet- Habib Hakim Str. Samir Ghazal Bldg Contact Information +96- 3-95 260 www.nrna.org.np relatives, for women commercial sex workers, and other vulnerable groups. SIDC also offers free HIV/HCV/HBV counseling and testing and information on sexually transmitted diseases and referral. SIDC conducts and monitors outreach peer activities addressing vulnerable groups and receives them at the Drop In Center. Social rehabilitation and reintegration center assisting women in prostitution to help them exit through social, medical and legal support.

Associations Non-Resident Nepali Association (NRNA)

Description The NRNA is a non-political, non-profit and voluntary international organization. NRNA helps Nepali citizens who have been arrested and detained in prisons, provides for the social welfare and wellbeing of Nepalese citizens, and distributes to the Nepalese domestic workers, pamphlets on the duties, responsibilities and rights of the workers and their employers. The Association holds a gathering once a month to meet, share information and discuss any problems they confront. A group of Nigerian workers in Lebanon whose goal is to ameliorate the Nigerian communitys situation and conditions, and act as a link between Nigerian workers and their embassy in Beirut. The groups work also aims at strengthening the bonds between all Nigerian residents in Lebanon through regular meetings as well as social services and religious events. The African United Community brings together workers who come from different countries in Africa to work in Lebanon, with the objective of enhancing African workers living conditions, solve their problems, and organize meetings.

Contact for Nigerians in Lebanon

Mr. Lucky Odiase +961-3-817753

African United Community in Lebanon

Mr. Salmon Jide Mohammed. +96-3-450685 Jid1562@yahoo.com Dora Highway, MMS Bldg

Embassy/Consulate Bangladesh

Contact Information Hon. Consul: Mr. Mohammad Dandan; Welfare/Labor: Shaza Creidi

Address John Kennedy Street, Tina Center Building block B, 1st Floor, Ain Mreisse

Tel/Email +961-1-375357

Ethiopia

General Consul: Mr Badaro, Sami el Solah Highway, Manhatton Bldg. Asaminew Debelie Bonssa 2nd Floor

+961-1-388786

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India Mr. Ravi Thapar; Second Secretary & HOC: Kartar Singh Mr. Bagas Hapsoro Sahmarani Building, 2nd Floor, on Kantari Street, n. 31 Bourj Al Mur. +961-1-372619

Indonesia

Avenue Palais Presidential, Rue No. 68 Secteur 3, Baabda Room 202-203, Savoy Suites, RaouchehAndalus Street Okaibe, Keserwan- New SantaTheresa Beach

+961-5-924682-3

Malaysia

Mr. Ilango Karuppannan

+96- 1-787144-166;+ 961-1785968 +961-9- 444333 ext. 104

Madagascar

Honorary Consul: Mr. Marcel Abi Chedid

Nepal

Honorary Consul: Mr. Joe Issa El-Khoury Charge DAffaires: Mrs. A.A. Sonaike-Ayodeji

Badaro St, Nadim Domair Bldg

+961-1-386690

Nigeria

Bir Hassan, Adnan Hakim St, Al Abir Bldg, 1st floor

+961-1-857614-5 consularandinfo@nigeriabeirut.or g

Philippines/POLO

Labor attach: Mr. Lacombra; Welfare attach: Ms. Tracy Floraz

Achrafieh, Charles Malek Ave., near Sagesse School, across from Roadster Diner

+961-1-212001 to 3; Hotline: +961-3-988207 or +961-1807017; Embassy Shelter+ 961-1204328; beirutpe@dfa.gov.ph +961-9-230807

Togo

Honorary Consul: Mr. George Boustany Counselor for Labor and Welfare: Mr. WM Premarathna General Consul: Mrs. Sayeda Marwa Kamal Hamad

Ain el Rihani, Jeita, Kesserwan

Sri Lanka

Embassy Building, 1st and 2nd Floor, in the area Louiaze, near Jamhour

+961-5-924769/64 slemblbn@cyberia.net.lb

Sudan

Minkarra Building, 7th Floor, facing Bristol Hotel, Hamra

+961-1-353270;+ 961-1-350057

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Service Meeting time/frequency Sunday Service: 10:30am Language Location Contact Information

St. Joseph's Church/Catholic

English

St. Joseph's Church, Rue de Monot, Tabaris Dora (Tawkatli bldg) Across for Akil Bros. St. Joseph's Church, Rue de Monot, Tabaris Jean dArc St. Near East School of Theology Bld. In Nazarene Church, near Lebanese Univ., Karm el-Zeitoun In Adventist Secondary School, Bouchrieh Doura

Father Martin +961-1-200458 (for other locations for the Sunday mass please contact 961 1 331601) Brother Lawrence +961-3-019 679

Church of Christ

Sunday Service: 10am12pm

Sinhala

Buddhist prayer

Once a Month

Sinhala

Tel: +961-70-247142 or email: boduekamutuathawa@yahoo.com to find out the times & date Father Charbel. Contact Aimee Hary, +961-70-868253

International Church

Sunday Service:2pm

English, Arabic, & translation in Magalasy Amharic

El Shaday International Church/Pentecosta l Ethiopian Full Gospel Church

Every Saturday/7pm & Sunday Service:2:30pm

+961-3-476563

Sunday Service:10:30am

Amharic

Ms. Vicky Andarge, +961-70-851772

Open Doors

Sunday: Bible Study 11am to 12pm/ Service 12pm to 2pm ,s Sunday Service:11am2:30pm

Tagalog

Sister Gina Gamus, +961-70-657758

Lord of Lords Hillside Ministry

Tagalog

Mary Wakim CenterMansourieh AchrafiehFassouh, turn right after Spinneys Dora, Amano Str.

Father Nelia, +961-3-190674

Christ Devine Love/

Sunday Service:11:302pm

Tagalog

Sister Merly, +961-3-877865

Church of Pentecost/African

Sunday Service:10am1pm

English

Father John, +961-3-947910

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