39/52 Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences - Note by the Secretariat

GE.18-12469(E)



Human Rights Council Thirty-ninth session

10–28 September 2018 Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences

Note by the Secretariat

Summary

The Secretariat has the honour to transmit to the Human Rights Council the report

of the Special Rapporteur on contemporary forms of slavery, including its causes and

consequences, Urmila Bhoola, submitted pursuant to Human Rights Council resolution

33/1.

In the present report, the Special Rapporteur discusses the impact of slavery and

servitude on marginalized migrant women workers in the global domestic economy.

The Special Rapporteur outlines the State obligations related to the protection of

migrant workers; she indicates how women migrant domestic workers are affected by

servitude, as bolstered by State economic policy, and she refers to human rights

violations affecting migrant domestic workers before discussing options and persisting

limitations in accessing justice. In her report, the Special Rapporteur also refers to the

role of private employment agencies and to positive measures taken by Member States to

protect against domestic servitude.

To prevent human rights violations including servitude in the domestic sector,

policies are needed that tackle discrimination while also helping to balance the legitimate

concerns of both employers and workers. A sustainable domestic work economy should

ensure access to justice, effective enforcement and remedies in the case of exploitation

and abuse, while also addressing issues of prejudice against migrants through advocacy.

In her recommendations, the Special Rapporteur advises States on how to

effectively prevent and combat domestic servitude by ensuring the protection of migrant

women and their access to decent work.

United Nations A/HRC/39/52

Contents

Page

I. Introduction and activities of the Special Rapporteur ................................................................... 3

A. Participation in consultations and conferences ..................................................................... 3

B. Country and follow-up visits ................................................................................................ 3

II. Legal concepts: slavery, servitude and forced labour .................................................................... 4

III. State obligations under international human rights law and labour law to protect migrant

workers in domestic servitude ....................................................................................................... 5

IV. Women migrant domestic workers, economic policies and causes of servitude ........................... 6

V. Human rights violations and access to justice ............................................................................... 10

VI. The role of private employment agencies ..................................................................................... 13

VII. Positive measures to protect against domestic servitude ............................................................... 14

VIII. Conclusions and recommendations ............................................................................................... 16

A. Conclusions .......................................................................................................................... 16

B. Recommendations to States .................................................................................................. 17

C. Recommendations to other stakeholders............................................................................... 19

I. Introduction and activities of the Special Rapporteur

A. Participation in consultations and conferences

1. During the reporting period, the Special Rapporteur took part in a wide range of

international conferences and initiatives relating to the prevention and eradication of

contemporary forms of slavery.

2. In October 2017, the Special Rapporteur contributed to the development of a video

by the Council on Foreign Relations on contemporary forms of slavery, which is part of an

information guide about modern slavery, published in January 2018.1

3. In December 2017, the Special Rapporteur delivered a video statement at the

legislative drafting seminar on modern slavery and human trafficking organized by the

United Kingdom of Great Britain and Northern Ireland branch of the Commonwealth

Parliamentary Association. In the same month, she delivered a keynote speech through a

video message during a workshop organized by the Government of Mauritania in

partnership with the Office of the United Nations High Commissioner for Human Rights in

Mauritania. The purpose of the workshop was to assess progress in implementing the road

map for eradicating contemporary forms of slavery subsequent to the Special Rapporteur’s

visit from 25 to 28 April 2017.

4. In April 2018, the Special Rapporteur convened a round table on the gender

dimension of contemporary forms of slavery, which was attended by representatives of civil

society and United Nations agencies. In the same month, the Special Rapporteur took part

in a panel discussion on target 8.7 of the Sustainable Development Goals convened by the

Commonwealth Human Rights Initiative prior to the Commonwealth Heads of Government

Meeting.

5. In June 2018, the Special Rapporteur attended a panel discussion on global

perspectives on modern day slavery in New York, convened by the Union Internationale

des Avocats. She also took part in a high-level meeting on innovative initiatives for

achieving target 8.7 of the Sustainable Development Goals and in a conference on

measuring progress towards achieving target 8.7 organized by Alliance 8.7. The Special

Rapporteur also attended the launch of the 2018 Global Slavery Index.

6. In October 2018, the Special Rapporteur will present a thematic report on the gender

dimension of contemporary forms of slavery to the General Assembly during its seventy-

third session.

7. A public call for submissions to the present report was placed on the website of the

mandate and a questionnaire circulated to all the Permanent Missions in Geneva, to

specialized agencies, intergovernmental organizations and civil society. A number of

submissions were received from States, intergovernmental organizations and civil society

and these were taken into account in drafting the report. The Special Rapporteur expresses

her gratitude to all who provided information and made submissions.

8. The present report focuses specifically on migrant domestic workers and

complements the report on the manifestations and causes of domestic servitude issued by

the previous Special Rapporteur on contemporary forms of slavery (A/HRC/15/20).

B. Country and follow-up visits

9. The Special Rapporteur conducted an official visit to Paraguay from 17 to 24 July

2017 (A/HRC/39/52/Add.1). From 4 to 8 August 2017, the Special Rapporteur conducted

an official visit to the Niger to follow up on the implementation of the recommendations

1 See www.cfr.org/interactives/modern-slavery/#!/section6/item-38.

presented in her 2015 report after undertaking a country visit in 2014

(A/HRC/30/35/Add.1).

10. The Governments of Italy and Togo have accepted the Special Rapporteur’s request

to conduct an official visit in the second half of 2018. She thanks both Governments for

their support and calls on other Member States to respond favourably to her requests for

visits.

II. Legal concepts: slavery, servitude and forced labour

11. Today about half the total population of international migrants are women. They

usually move across international borders in search of a better life for themselves and their

families. Many of these women suffered from poverty, marginalization and gender-based

violence and discrimination in their countries of origin. In destination countries, they often

find that working in female-dominated occupations, such as in the domestic sector, is their

only option. As migrant domestic workers, some women face grave human rights violations

including servitude and slavery-like practices. The present report assesses the impact of

slavery and servitude on marginalized women workers in the global domestic economy.

12. Despite its prohibition as a universally applicable international customary law norm

enforceable by States against one another2 and from which no derogation is permissible

even in situations of emergency,3 slavery continues to exist as one of the most egregious

human rights violations in the global economy. The definition of slavery elaborated in the

Slavery Convention of 1926, as supplemented by the Supplementary Convention on the

Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of

1956, as “the status or condition of a person over whom any or all of the powers attaching

to the right of ownership are exercised”, remains applicable today. However, the legal right

to ownership has been replaced by many different forms of coercion and control and, as

discussed in the present report, are exacerbated in the case of migrant workers in domestic

servitude, who are in a foreign country and have irregular migrant status.

13. The exercise of “any or all of the powers attaching to the right of ownership” thus

distinguishes servitude from “slavery”.4 In practice, however, the distinction is often not

very clear and depends largely on the degree of control and power exercised over the

individual. In its decisions, the European Court of Human Rights has set out a number of

indicators for domestic servitude involving migrant domestic workers linked to the

vulnerability of the person, limitations on personal freedom, violation of human dignity,

excessive hours of work, no payment or remuneration or disproportionate payments and the

perceived permanency of the situation.5

14. Servitude often occurs in situations of economic exploitation “in which the victim is

so dependent on the perpetrator that she or he cannot leave the situation of exploitation”

(see A/HRC/15/20, para. 47). Dependency can be created by economic factors, lack of

freedom of movement and physical and psychological abuse (ibid., paras. 48–51). Servitude

often results from debt bondage, especially where excessive recruitment fees are charged by

agents and the recruitment of migrant workers is unregulated in national legislation. Debt

bondage is defined as “the status or condition arising from a pledge by a debtor of his

personal services or of those of a person under his control as security for a debt, if the value

2 Barcelona Traction, Light and Power Company, Ltd (Belgium v. Spain), Judgment of 5 February

1970, I.C.J. reports 1970, p. 3.

3 International Covenant on Civil and Political Rights, art. 4 (2).

4 The Supplementary Convention on the Abolition of Slavery recognizes that institutions and practices

such as those listed in article 1 may also constitute slavery.

5 See, for example, Siliadin v. France, judgment of 26 October 2005 (application No. 73316/01). See

also Helen Duffy, “Litigating modern day slavery in regional courts”, Journal of International

Criminal Justice, vol. 14, No. 2 (May 2016).

of those services as reasonably assessed is not applied towards the liquidation of the debt or

the length and nature of those services are not respectively limited and defined”.6

15. Slavery, in its traditional form as chattel slavery exists at one end of a continuum of

human exploitation. Domestic and other forms of servitude, forced labour and other

slavery-like practices exist along this continuum. Forced labour is “all work or service

which is exacted from any person under the menace of any penalty and for which the said

person has not offered himself or herself voluntarily”.7 At the other end of the continuum is

decent work, which respects all fundamental principles and rights at work. 8 Access to

decent work is the antidote to slavery and all forms of labour exploitation and human rights

violations at work. It forms a key objective of target 8.7 of the Sustainable Development

Goals, which encompasses a universal commitment to eradicate forced labour and end

modern slavery and human trafficking.

16. Slavery, servitude and forced labour often occur as a result of human trafficking,

which under the Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children, supplementing the United Nations Convention against

Transnational Organized Crime is explicitly linked to those forms of exploitation. The

present report, however, focuses only on voluntary migration for domestic work.

III. State obligations under international human rights law and labour law to protect migrant workers in domestic servitude

17. Article 6 of the International Covenant on Economic, Social and Cultural Rights

recognizes the right of everyone, among other rights, to the right to work, which includes

the right to the opportunity to gain a living by work freely chosen or accepted; to the

enjoyment of just and favourable conditions of work; to form trade unions and join a trade

union of one’s choice; and the right to social security, including social insurance. This right

applies to everyone including to migrant workers.9 The International Covenant on Civil and

Political Rights provides for a catalogue of rights, including equality before the law without

any discrimination and freedom of association (arts. 26 and 22 respectively), which also

apply to migrant workers without discrimination.

18. Additionally, States bear specific obligations to protect the human rights of migrant

workers under the International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families. In article 2 of the Convention a migrant worker is

defined as a person “engaged in a remunerated activity in a State of which he or she is not a

national”. In article 5 migrant workers are defined as “in an irregular situation” if they are

not authorized to enter, to stay and to engage in a remunerated activity in the destination

country. Under article 11, migrant workers are protected from being held in slavery or

servitude or from being required to perform forced or compulsory labour.

19. The fundamental ILO conventions 10 and the ILO Migration for Employment

Convention 1949 (No. 97) and the Migrant Workers (Supplementary Provisions)

6 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and

Practices Similar to Slavery, art. 1 (a).

7 See International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29), art. 2.

8 “Promoting jobs and enterprise, guaranteeing rights at work, extending social protection and

promoting social dialogue are the four pillars of the ILO Decent Work Agenda with gender as a cross-

cutting theme”, foreword to ILO, “Decent work and the 2030 Agenda for Sustainable Development”.

See also ILO Declaration on Fundamental Principles and Rights at Work (1998), which commits ILO

member States to respect and promote the elimination of child labour and forced labour, freedom

from discrimination at work and freedom of association and collective bargaining, whether or not

they have ratified the relevant ILO conventions.

9 See Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right

to work, para. 30.

10 The fundamental ILO Conventions are: the Freedom of Association and Protection of the Right to

Organize Convention, 1948 (No. 87); the Right to Organize and Collective Bargaining Convention,

1949 (No. 98); the Forced Labour Convention, 1930 (No. 29); the Abolition of Forced Labour

Convention, 1975 (No. 143) also address the protection of labour rights of migrant workers.

The ILO Domestic Workers Convention, 2011 (No. 189) and its accompanying

Recommendation No. 201 contain norms and standards for the effective promotion and

protection of the rights of domestic workers, including migrant domestic workers.

20. The Domestic Workers Convention defines domestic work as “work performed in or

for a household or households”. Domestic work is thus defined by the place in which the

work is performed and not by the employer or by tasks. Cleaning, cooking, washing,

grocery shopping, taking care of children, the elderly and/or the sick, gardening, driving

and guarding the house can all be covered by the definition in the Convention.11 Article 5 of

the Convention requires that “each Member shall take measures to ensure that domestic

workers enjoy effective protection against all forms of abuse, harassment and violence”.

States are required to ensure that before departure, migrant domestic workers have written

contracts that they can understand and that are enforceable in the country of employment

(art. 8 (1)). States parties are encouraged to collaborate to ensure the effective application

of the Convention to migrant domestic workers (art. 8 (3)) and called upon to regulate the

recruitment of domestic workers by private employment agencies and to conclude bilateral,

regional or multilateral agreements to prevent abuses and fraudulent practices in the

recruitment, placement and employment of migrant domestic workers (art. 15). Article 15.1

(e) states that fees charged by private employment agencies should not be deducted from

the remuneration of domestic workers.

21. A number of regional mechanisms and instruments similarly protect the rights of

migrant domestic workers, including those in an irregular situation.

22. In addition, all States Members of the United Nations have committed to achieving

the Sustainable Development Goals, which contain interlinked targets addressing the root

causes of contemporary forms of slavery. Target 8.7 commits States to “Take immediate

and effective measures to eradicate forced labour, end modern slavery and human

trafficking and secure the prohibition and elimination of the worst forms of child labour,

including recruitment and use of child soldiers, and by 2025 end child labour in all its forms”

and target 8.8 requires them to “Protect labour rights and promote safe and secure working

environments for all workers, including migrant workers, in particular women migrants,

and those in precarious employment”.

23. The positive contribution of migrants for inclusive growth and sustainable

development are recognized in the Sustainable Development Goals and States have

committed to cooperating internationally to ensure safe, orderly and regular migration

involving full respect for human rights and the humane treatment of migrants, regardless of

migration status, of refugees and of displaced persons. States need to ensure that those

protections apply to all migrant workers irrespective of their migration status.

IV. Women migrant domestic workers, economic policies and causes of servitude

24. Paid domestic work is a highly feminized sector, with recent estimates indicating

that there are 70 million domestic workers employed by households worldwide, of which

49.2 million are women (70 per cent) and 11.5 million are migrant women. Women

domestic workers outnumber men in almost all regions. They constitute almost all domestic

workers in the Americas (92.1 per cent), in Europe and Central Asia (88.7 per cent) and in

Africa (80.3 per cent).12

25. The steady increase in the overall number of workers, mainly migrant women,

seeking employment in the domestic sector is attributed to three main factors: the

Convention, 1957 (No. 105); the Minimum Age Convention, 1973 (No. 138); the Worst Forms of

Child Labour Convention, 1999 (No. 182); the Equal Remuneration Convention, 1951 (No. 100); and

the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

11 See ILO, “Formalizing domestic work” (2016).

12 See ILO, Care Work and Care Jobs for the Future of Decent Work (Geneva, 2018).

integration of women into the global labour market, which leaves a gap with regard to

domestic and care work; demographic shifts, which are reflected in an ageing population

and a reduction in the role of the traditional extended family; and increasing reliance on

domestic workers related to the insufficiency of public care service provision.13

26. That increase in numbers has occurred within the framework of a neoliberal

economic model, as global markets have exacerbated social hierarchies and shaped

structural and long-lasting patterns of exploitation.14 That macroeconomic framework is a

key driver for the slavery and servitude of women, especially in relation to forced labour,

debt bondage, harmful working conditions and other violations of labour rights. 15 The

privatization of public services, structural adjustment programmes and cuts to social

welfare schemes have led to the migration of people from rural areas to cities within their

countries or overseas.16

27. Indebted States, aiming to appease the global financial institutions pushing for

austerity measures and structural adjustment programmes, have actively promoted the

emigration of women in order to increase their remittances, without proper guarantees

regarding compliance with human rights and labour standards. 17 Some countries have

encouraged the migration of domestic workers as part of a deliberate strategy to alleviate

poverty, reduce unemployment and generate access to hard currency.18

28. Domestic work is undervalued, informal and invisible, which leads to poor working

conditions and to vulnerabilities which are higher than in other forms of informal

employment. 19 It is considered “unskilled” work, despite that fact that many migrant

domestic workers are educated and highly skilled.

29. Many marginalized women see domestic work as a way of escaping violence,

including domestic violence and forced marriage. Other common push factors for migration

include feminized poverty, conflict, and economic and social transformation; also

discrimination based on gender, caste, class, age, occupation, language, race, religion or

other factors; limited access to landownership; inequality within and between countries;

climate change, and an overall lack of choice for women to determine their own lives. That

should not discount the agency of women who choose to migrate or those who find

“liberation” in the chance to become independent breadwinners and to improve their

children’s lives.

30. There are examples of countries which place restrictions on women’s migration for

domestic work as a way to prevent trafficking and exploitation. In practice, this has

unintentionally pushed women to use irregular migration channels which heighten their risk

of sexual and gender-based violence, exploitation and abuse (see A/HRC/38/41/Add.1,

paras. 77–78).20

31. An estimated 11.5 million domestic workers are international migrants, representing

17.2 per cent of all domestic workers and 7.7 per cent of all migrant workers worldwide.21

These figures indicate that household tasks are carried out by migrant workers in many

parts of the world and many of them leave their domestic and care responsibilities to

13 See ILO, “Formalizing domestic work”.

14 See Geneviève Le Baron and others, Confronting Root Causes: Forced Labour in Global Supply

Chains (openDemocracy and Sheffield Political Economy Research Institute, January 2018).

15 See Asia Pacific Forum on Women, Law and Development, “Briefing paper on the gender dimension

of contemporary forms of slavery, its causes and consequences” (April 2018).

16 See Global Alliance Against Traffic in Women, “Enabling access to justice. A CSO perspective on

the challenges of realising the rights of South Asian migrants in the Middle East” (Bangkok, 2017).

17 Center for Women’s Global Leadership, submission for the present report. All submissions available

from www.ohchr.org/EN/Issues/Slavery/SRSlavery/Pages/DomesticServitudeSubmissions.aspx.

18 Ibid.

19 United Nations Entity for Gender Equality and the Empowerment of Women, submission for the

present report.

20 See also Anti-Slavery International, submission for the present report.

21 ILO Global Estimates on Migrant Workers, Results and Methodology. Special Focus on Migrant

Domestic Workers (Geneva, 2015).

others. 22 Most migrant domestic workers are from the global South, working in high-

income countries. The Arab States, North America and Northern, Southern and Western

Europe account for about 52 per cent of all domestic workers worldwide, with the majority

being migrants.23 In the Arab States, 82.7 per cent of all domestic workers are migrants and

there is a particularly strong link between female migration and domestic work in the

region.24 In Hong Kong, there are approximately 370,000 migrant domestic workers (98.8

per cent are women) 25 and in Latin America and the Caribbean, 17.2 per cent of all

domestic workers are migrants.26

32. A range of social and economic conditions place women migrants in situations of

vulnerability, especially if they are members of indigenous groups, members of caste

affected groups or if they face multigenerational poverty. 27 Discrimination on various

grounds increases the chance of already vulnerable individuals becoming trapped in

domestic servitude, reducing their opportunity to escape from the situation either in the

short- or long-term. Marginalized women often suffer long-standing patterns of

discrimination that perpetuate not only domestic work but also the migration cycle. Women

migrant domestic workers are discriminated against on the basis of sex, gender, race,

ethnicity, national origin and social status, which leads to intersecting disadvantages.

Furthermore, discriminatory migration policies limit women’s access to safe and orderly

migration pathways, which in turn limits their job opportunities in transit and host countries.

On that basis, many migrant women end up in informal employment, particularly in

domestic and care work.28 They often do not have employment contracts, which makes it

difficult to protect and claim their rights.29 In Mexico, for example, 9 out of 10 domestic

workers do not have a contract.30

33. Informal jobs perpetuate traditional gender norms regarding “women’s work” and

they offer limited or no social protection or labour rights. That is related to the fact that

domestic work is not considered as employment under labour law and thus households are

not recognized as workplaces and private persons who hire them are not recognized as

employers (see A/HRC/15/20, para. 75). ILO estimates that 75 per cent of all domestic

workers are in informal jobs and only 10 per cent of all domestic workers are covered by

general labour legislation to the same extent as other workers and 29.9 per cent are

completely excluded from the scope of national labour legislation. 31 The exclusion of

domestic work from labour protections is one of the manifestations of discriminatory

attitudes towards women’s work and it also makes domestic workers more vulnerable to

servitude.32

34. In European Union member countries, for example, application of labour rights to

domestic workers is very limited in both law and practice, in particular for undocumented

domestic workers.33 Consequently, the usual labour standards often do not apply to migrant

domestic workers, for example with regard to maximum or standard working hours, as

applicable to other sectors.34 In that context, victims are at risk of being criminalized for

immigration or criminal offences that are committed as a direct result of exploitation: they

may be penalized for being undocumented if their employer or recruitment agent retains

their passport, or they may even be subjected to corporal punishment for immigration

22 ILO, Domestic Workers Across the World: Global and Regional Statistics and the Extent of Legal

Protection (Geneva, 2013).

23 ILO Global Estimates on Migrant Workers.

24 Ibid.

25 Government of Hong Kong, China, action plan to tackle trafficking in persons and enhance protection

of foreign domestic helpers (March 2018).

26 ILO Global Estimates on Migrant Workers.

27 PICUM, GAATW and La Strada International, submission for the present report.

28 Ibid.

29 Anti-Discrimination Centre Memorial, submission for the present report.

30 See submission of Mexico.

31 ILO, Domestic workers across the world.

32 Ibid.

33 Submission of PICUM, GAATW and La Strada International.

34 Justice Centre Hong Kong, submission for the present report.

offences. 35 The criminalization of victims of trafficking or servitude is exacerbated by

among law enforcement personnel based on power, gender, race and social status.36

35. Labour inspectors are not often allowed to inspect private homes without judicial

authorization, which means that there is no oversight over the working and living

conditions of domestic workers. That has serious consequences, for all domestic workers,

but particularly for migrant domestic workers in an irregular situation, for example

regarding their access to health care, social protection and labour rights, such as rest time,

regulated working hours or maternity leave.37 Furthermore, migrant workers in an irregular

situation often lack knowledge about the applicable laws, their rights and their employer’s

obligations, much less about support and protection services and even the risks they might

face during the migration process and upon arrival in the country of destination.38 Even if

legislation is favourable, workers are often not informed about their rights, the duration of

their contract, salary, weekly time off or daily hours in order to prevent abuse.

36. In some countries of the Gulf Cooperation Council, such as Bahrain, Saudi Arabia

and the United Arab Emirates, which host about 2 million migrant domestic workers, and in

other Arab States, such as Lebanon, migrant workers are particularly vulnerable to

exploitation due to the kafala system of labour sponsorship (A/HRC/36/43). Under this

system, the immigration status of a migrant worker is legally bound to an individual

employer or sponsor for the period of the contract. Control over the worker is often

increased by their employer confiscating their passport and travel documents, despite

legislation in some destination countries that declares this practice illegal.39 Being required

to live in the employer’s home increases the dependency on the employer, blurs work and

rest time and raises privacy concerns. Owing to the live-in rule, enforcement of regulations

and monitoring of the working conditions of migrant domestic workers are difficult and

limited, as any abuse takes place behind closed doors.

37. Domestic workers in diplomatic households face similar practices, as their residence

permits are commonly linked to their employers, leading to a major protection gap based on

the dependency and vulnerability of the domestic worker. 40 Accessing justice is very

difficult for domestic workers in diplomatic households owing to the immunity of the

employer. 41 In recent years, however, efforts led by the Organization for Security and

Cooperation in Europe (OSCE) to prevent domestic servitude in diplomatic households

have resulted in normative changes in at least 16 OSCE States. In the United States of

America, the federal authorities have prosecuted 11 criminal cases against diplomats and

international officials for trafficking, abuse and exploitation of domestic workers since

2000.42

38. Migrant domestic workers in an irregular situation are “invisible” to national

authorities and often face language barriers, a lack of knowledge about their rights and

often lack a safety net or a social network in the host country. Owing to fear of deportation,

domestic workers tend to live in anonymity, which can lead to isolation and hence to an

enabling environment for forced labour and servitude.43

39. Evidence gathered has shown that if migrant domestic workers have contracts that

are not tied to their employers and if they are free to change jobs in cases of abuse, that

provides them with a safe way out of situations of servitude and abuse. Such measures are

only effective, however, if migrant domestic workers are not required to leave the country

35 Ibid.

36 ILO, “Lessons learned by the work in freedom programme” (New Delhi, 2017).

37 See Committee on Migrant Workers, general comment No. 1 (2011) on migrant domestic workers,

para. 43.

38 ILO Ethiopia, submission for the present report.

39 Migrant Forum Asia, policy brief No. 2, “Reform of the kafala (sponsorship) system”, available at

www.ilo.org/dyn/migpractice/docs/132/PB2.pdf.

40 Ban Ying and LEFÖ-IBF.

41 Ibid.

42 Human Trafficking Legal Center, submission for the present report.

43 Ibid.

upon termination of their original employment and if a visa extension of sufficient length is

provided, allowing them to find an alternative employer.44

V. Human rights violations and access to justice

40. Gender-based violence faced by domestic workers is often ignored or considered a

personal problem, rather than a rights violation for which the employer is responsible.45

Those risks and vulnerabilities are further aggravated for migrant domestic workers who

are undocumented or in an irregular situation, not least because they often risk deportation

if they contact the State authorities to seek protection from an abusive employer.46

41. Not all migrant domestic workers face working and living conditions which amount

to servitude. Owing to the informality of domestic work, there is insufficient data on

migrant women in domestic servitude. However, domestic workers face some of the

poorest working conditions across the care economy and are particularly vulnerable to

exploitation.47 Their working conditions are the result of a set of labour market, migration

and care policies, or the lack thereof. Depending on available and affordable alternatives,

households may find it tempting to resort to the cheapest and easiest solutions for care on

the market, which are commonly domestic workers.48

42. Frequently driven by poverty, domestic workers, including migrants, often find

themselves forced to accept working and living conditions that violate their fundamental

human rights. On that basis, many migrant domestic workers are exposed to multiple types

of abuse, such as physical and social isolation; restriction of movement; psychological,

physical and sexual violence; intimidation and threats; retention of identity documents by

the employer; withholding of wages; abusive working and living conditions and excessive

overtime. If one or more of these situations applies, ILO considers it to constitute forced

labour.49 If those indicators of forced labour are combined with a lack of choice and strong

control over their personal freedom, which many employers exercise, domestic workers

may find themselves trapped in servitude, or even slavery.

43. A 2017 report on modern slavery indicates that the domestic work sector accounted

for 24 per cent of forced labour exploitation and there were multiple means of coercion,

including violence, experienced by domestic workers.50 A forthcoming study conducted by

ILO found that 72 per cent of returnees and Ethiopian migrant domestic workers in Arab

States were characterized as victims of forced labour.51

44. Whether a migrant domestic worker is likely to be in forced labour depends largely

on their debt burden, which many incur through recruitment fees. Workers with excessive

debt were found to be six times more likely to be in forced labour than those without high

debt, as they felt they had no choice but to keep working even in abusive conditions.52

Workers often have to repay their debts for several months and sometimes years while

recruitment fees are often directly deducted from their wages. This system creates a strong

dependency on the employer and thus increases the risk of abuse and exploitation.

45. Highly abusive working and living conditions are prevalent in all geographic regions

and by working in private homes migrant workers put their right to privacy and to security

44 Kalayaan and Anti-Slavery International, submission for the present report.

45 Ibid.

46 See Committee on Migrant Workers, general comment No. 1 (2011) on migrant domestic workers,

para. 7.

47 ILO, Care Work and Care Jobs for the Future of Decent Work (Geneva, 2018).

48 Ibid.

49 “ILO indicators of forced labour. Special action programme to combat forced labour” (Geneva, 2012).

50 ILO, International Organization for Migration and Walk Free, “Global estimates of modern slavery:

forced labour and forced marriage” (2017).

51 ILO, “Improved labour migration governance to protect migrant workers and combat irregular

migration in Ethiopia” (2018).

52 Justice Centre Hong Kong, “Coming clean - an overview” (2016).

at risk.53 Migrant domestic workers often suffer high rates of physical and psychological

abuse, including the absence of any private space, such as a bedroom, over 15 hours of

work a day, no clear rest periods and an expectation that they will be on standby at all times.

The confiscation of identity documents, the prohibition or unreasonable restriction of

mobile phones and a prohibition on leaving the house, including during rest periods, are

also frequent practices.54 In one case, a domestic worker was not able to speak with her

family in almost seven years.55 Such exploitative conditions have a dire impact on the

health of domestic workers, as they have insufficient time to care for themselves and their

families.

46. Many migrant domestic workers are subject to sexual harassment and to gender-

based violence that is often ignored or considered a personal matter, rather than a rights

violation for which the employer is responsible.56 Certain instances of abuse by employers

can potentially amount to torture and several deaths of domestic workers have been made

public in the recent past. Discriminatory or even racist treatment of migrant domestic

workers is frequent.

47. Some domestic workers live in constant fear of being raped.57 In some countries,

domestic workers who complain of sexual assault might face allegations of adultery and

fornication, which are punishable by law. In other countries, domestic workers who become

pregnant face termination of work and they become irregular migrants and hence face

severe constraints in accessing health care.58

48. Other types of abuse suffered by migrant domestic workers include being deprived

of food and water; low or no pay; constant surveillance; exposure to hazardous chemicals

without adequate protection; and lack of access to health care, which is often due to a

prohibition to leave the house, the high cost of health care or because migrant domestic

workers lack documentation to prove their legal right to work in the country and therefore

cannot access services.59 Migrant domestic workers commonly suffer from isolation from

the outside world owing to a lack of language skills. In some cases, domestic workers are

forced to sleep in the kitchen, on balconies, in the toilet or in a warehouse.60

49. In some countries, domestic workers are required to undergo mandatory medical

tests which screen for pregnancy, syphilis, HIV and tuberculosis every six months. Those

who fail the tests are repatriated.61 Such practices are discriminatory, invasive and violate

the right to privacy and dignity of migrant workers.

50. A further human rights violation commonly affecting domestic workers is the denial

of their rights to freedom of association. As a result, domestic workers have a limited voice

and representation in the sector which is one of the factors leading to poor working

conditions.62 The nature of the work — being located in a private home and often lacking

freedom of movement — means it is difficult for migrant domestic workers to organize and

join trade unions. In countries such as Lebanon, for example, a request for official

recognition of a domestic workers union was denied by the Government.63

51. The vast majority of countries provide a maximum limit on working hours and

guarantee weekly rest and annual leave. However, domestic workers are often exempted

from this standard. Even where labour laws cover domestic workers in principle, there are

often exemptions on maximum working hours, as it is considered that domestic work is not

53 ILO, Care Work and Care Jobs for the Future of Decent Work.

54 Submission of Kalayaan and Anti-Slavery International.

55 Ibid.

56 Center for Women’s Global Leadership, submission for the present report.

57 Submission of the Human Trafficking Legal Center.

58 See Bina Fernandez, “Health inequities faced by Ethiopian migrant domestic workers in Lebanon”,

Health and Place, vol. 50 (March 2018).

59 Submission of Anti-Slavery International.

60 Ibid.

61 Humanitarian Organization for Migration Economics, submission for the present report.

62 ILO, Care Work and Care Jobs for the Future of Decent Work.

63 Submission of Anti-Slavery International.

suitable for regulation because it is still regarded as a private arrangement in a household.64

Similarly, 42.6 per cent of all domestic workers were found not to enjoy minimum wage

protection and more than one third of all women domestic workers are not entitled to

maternity leave or associated benefits. Coverage gaps are particularly significant in the

Middle East and in South-East and South Asia.

52. Globally, the lack of social security benefits and of gender-sensitive health care

coverage further increases the vulnerability of migrant domestic workers and their

dependence on their employers.65 In such a situation, it is very difficult for undocumented

migrant domestic workers to safely exit a situation of violence and exploitation.

53. Over the past years, the treaty bodies have expressed serious concern regarding

forced labour and the domestic servitude of women and children in all geographic regions.66

For example, they have referred to practices amounting to domestic servitude or to

insufficient legislation to prevent exploitation and abuse in the domestic sector.

54. Forced labour is an absolute violation of fundamental human rights and is

considered a crime in most national legal systems. Nevertheless, victims of forced labour,

servitude or other types of slavery-like practices face significant barriers in submitting and

pursuing complaints, and thus face severe difficulty in securing access to justice for

violations of their rights. That may be owing to a prohibition to leave the house, the

confiscation of their passport or a fear of homelessness, detection of irregular migration

status, arrest, detention or deportation.

55. Some migrant workers do not report abuse because they are not familiar with

reporting channels, they do not trust governmental authorities or do not have access to the

justice system under national laws, such as in Lebanon.67 In other instances, they report

crimes of forced labour or servitude, or of violence and abuse, but are not taken seriously

by the authorities and the judiciary. Another obstacle is the absence of safe reporting

channels. In many countries, a complaint cannot be filed without the involvement of the

immigration authorities, which exposes victims to the authorities rather than enabling them

to access services and protection mechanisms. If victims of servitude and of other human

rights violations were able to file complaints, regardless of their migration status, and

adequate firewalls between labour and immigration ministries were in place, their access to

justice and protection from servitude, exploitation and abuse could be enhanced.

56. Ultimately, the significant asymmetry of power between domestic workers and their

employers constitutes an obstacle to accessing justice and increases the difficulties workers

may have in proving coercion and abuse. Evidence regarding the conditions of employment

of a domestic worker remains within the confines of the workplace, the employer’s home,

while, depending on the jurisdiction, the burden of proof lies on the domestic worker and

free legal aid is rarely available. 68 Furthermore, the absence of formal accountability

mechanisms in the domestic sector makes it very difficult for victims to access justice and

adequate remedies. 69 In countries such as France, many migrant domestic workers are

exploited by individuals of the same nationality, which increases the fear of repercussions

against family members in case of any reports of abuse.70

57. The existing structural barriers to accessing justice for victims of servitude

contribute to a culture of impunity among perpetrators.71 Very few victims of servitude seek

compensation and as survivors of exploitation and abuse do not always identify as victims,

64 ILO, Domestic workers across the world.

65 Ibid.

66 See, for example, CAT/C/LBN/CO/1; CMW/C/BGD/CO/1; CMW/C/SEN/CO/2-3;

CRC/C/CAF/CO/2; CRC/C/PAK/CO/5; CEDAW/C/BDI/CO/5-6; CEDAW/C/PHL/CO/7-8;

CCPR/C/KAZ/CO/2; and CCPR/C/CHL/CO/6.

67 Article 7 of the Lebanese labour law excludes domestic servants from the scope of application (see

the submission of ILO Ethiopia).

68 Submission of ILO Ethiopia.

69 Ibid.

70 Comité Contre l’Esclavage Moderne, submission for the present report.

71 Submission of PICUM, GAATW and La Strada International.

and do not therefore seek access to justice. Others endure exploitative conditions because of

the pressure to send remittances to their families.

VI. The role of private employment agencies

58. Private employment agencies constitute an important global industry composed of

private sector actors, such as recruiters and their sub-agents, pre-departure training centres,

transport companies and travel agencies, medical screening centres, insurance companies

and visa consultancies, among many others. Those various, non-homogeneous businesses

profit from the recruitment of migrant workers from one country and their placement in

jobs in another.72

59. The lack of regulatory scrutiny over recruitment agencies exacerbates the

vulnerability of migrant domestic workers to trafficking, bonded labour, forced labour and

servitude.73 Agencies and sub-agents that are not registered are not subject to the applicable

laws, which makes it difficult to hold them accountable. In some cases, recruitment agents

are close relatives or other persons known to the potential migrants, which often inspires

trust and non-identification of the risk of being trafficked for labour exploitation.74 In some

cases, dependency on an employer or a recruiter might be seen as a positive aspect and as

providing stability and protection.75

60. The complex and non-regulated system of private employment agencies provides an

enabling environment for abuse and human rights violations. Exploitative practices among

informal agents operating in different geographic regions are well known.76 Such practices

include the provision of false information regarding the type of employment; the conditions

to be expected in the receiving country; the charging of illegal recruitment fees, which often

lead the migrant to incur large debts; the confiscation of identity documents as a means to

control the worker; and threats and intimidation and withholding of wages.77 Frequently,

the employer pays the wage to the recruitment agency, but the worker does not receive the

wage. The employer has full control over the domestic worker for the duration of the

contract with the recruitment agency and in order to retain and control the worker, coercion,

verbal and physical violence are often used.78 Migrant domestic workers who wish to return

home are often dependent on the agents who recruited them, who may not be willing to

facilitate their return home and so force them to remain and work in the host country.79

61. In some countries, legislation has been adopted that establishes a maximum amount

which recruitment agencies are allowed to charge. In practice, however, many agencies

charge more than the legal limit under the respective prevailing monthly salary. This

practice makes workers more vulnerable to debt bondage and to exploitation.

62. Some countries have taken measures to prevent abusive practices by private

employment agencies. In Lebanon, a code of conduct launched in 2013 provides guidance

to recruiting agencies on promoting and protecting the rights of migrant domestic workers

in the country.80 Under the code of conduct, labour recruiters are prohibited from charging

migrant workers recruitment fees but in practice, fees are charged instead in the home

country or there are indirect fees through wage deductions by the employer.81 In that sense,

enforcement of the code of conduct has been limited and complementary measures, such as

72 ILO, “For a fee: the business of recruiting Bangladeshi women for domestic work in Jordan and

Lebanon” (Geneva, 2015).

73 Submission of Anti-Slavery International.

74 Jharkhand Anti Trafficking Network, submission for the present report.

75 Ibid.

76 Ibid.

77 Beate Andrees, Alix Nasri and Peter Swiniarski, Regulating Labour Recruitment to Prevent Human

Trafficking and to Foster Fair Migration: Models, Challenges and Opportunities (ILO, Geneva 2015).

78 Submission of Jharkhand Anti Trafficking Network.

79 Ibid.

80 See www.ohchr.org/EN/NewsEvents/Pages/LebanonCodeOfConduct.aspx.

81 Submission of Anti-Slavery International.

the adoption and implementation of strong legislation on the regularization of recruitment

agencies, would be needed.

63. The registration of recruitment agencies is another important step in preventing

abuse through increased legal accountability.82 Ethiopian legislation, for example, clearly

defines and regulates the role of the private sector in overseas employment exchange

services, in order to avoid precarious recruitment processes.83 The withholding of travel

documents by the agency and charging a fee on the worker are equally prohibited in

Ethiopia.84 With the objective of making recruitment processes more transparent and fairer,

the Gulf Cooperation Council has agreed to establish standard regulations on transfer of

employment, contracts and a minimum wage for domestic workers in 2018.85

64. In order to address concerns related to private employment agencies, informal labour

intermediaries and other actors operating outside the legal and regulatory framework, ILO

launched a global “Fair Recruitment Initiative” in 2015 which aims to prevent human

trafficking; protect the rights of workers, including migrant workers, from abuse and

fraudulent practices during the recruitment and placement process; reduce the cost of labour

migration; and enhance development gains. The multi-stakeholder initiative is implemented

in cooperation with Governments, employers’ and workers’ organizations, the private

sector and other key partners.86

VII. Positive measures to protect against domestic servitude

65. At the regional and national level, numerous initiatives in law and in practice have

led to improved conditions for migrant domestic workers. Steps have also been taken to

reduce the risk of servitude specifically. For example, in cooperation with international

organizations, OSCE and Belgian trade unions have promoted improved working

conditions for workers in diplomatic households. That has led to significant changes: for

example several European countries now interview workers upon arrival.87 Some countries

work with civil society organizations and use the annual work permit renewal as an

opportunity to provide domestic workers with information and to identify cases of

exploitation and human trafficking. In Germany, domestic workers present themselves

personally once a year at the Federal Foreign Office for an interview upon renewal of the

work permit, at which proof of the proper payment of wages by the employer needs to be

provided through bank statements. In Austria, a yearly information seminar takes place, to

which all domestic workers registered as working for diplomats receive a non-binding

invitation. Similarly, the United States has taken measures to protect domestic workers in

diplomatic households by introducing mandatory contracts in which the wage rate, regular

rest times and a prohibition on making deductions for room and board, travel, medical care

or meals are stipulated.88

66. In Colombia, domestic workers are protected by labour law and are required to have

a contract that regulates their working conditions. Nevertheless, employers continue to have

limited knowledge of the standards and legislation applicable to domestic workers and the

oversight mechanisms required to monitor the effectiveness of mandatory contracts are

lacking. In countries such as the United Kingdom and the Dominican Republic, training on

identifying victims of contemporary forms of slavery is conducted for relevant government

officials. The United Kingdom identifies and supports potential victims of contemporary

forms of slavery, including human trafficking, through the National Referral Mechanism.89

82 ILO, “Regulating international labour recruitment in the domestic work sector: a review of key issues,

challenges and opportunities” (Geneva, 2016).

83 Submission of ILO Ethiopia.

84 See Overseas Employment Proclamation No. 923/2016.

85 See The National, “GCC working on unified domestic worker policy”, 15 April 2018.

86 See the ILO fair recruitment initiative, available at www.ilo.org/global/topics/fair-recruitment/lang--

en/index.htm.

87 Submission of PICUM, GAATW and La Strada International.

88 Ibid.

89 United Kingdom and Dominican Republic, submissions for the present report.

However, major challenges regarding the identification of victims persist in the absence of

regular labour inspections in private homes.

67. Despite the continuing existence of significant obstacles to access to justice,

judgments have been issued in several countries in favour of domestic workers who had

suffered exploitation, abuse or even death. In France in January 2018, a couple was

sentenced to three years in prison for human trafficking after taking a domestic worker

from Dubai to France, where she worked in conditions of forced labour.90 The couple was

required to pay a fine and compensation to the victim. Similarly, in May 2018 a migrant

domestic worker who was fired without cause in Canada won severance pay in a lawsuit

with the help of a non-profit agency that provided legal support. Given the gravity of the

circumstances, however, some sentences seem disproportionately lenient. In one country, a

couple who had starved their domestic worker were sentenced to 10 months in jail in 2017.

In another country, the criminal court issued a judgment against the employer of a migrant

child domestic worker who had been abused and exploited. The employer was sentenced to

six months in prison, among other penalties, in 2010.

68. In Uruguay, the first ever labour inspection in a private home, which took place in

2012, led to the identification of violations of the labour rights of three migrant domestic

workers and the employers were required by the administrative tribunal to pay them

compensation.91 In the United Kingdom, three cases of alleged domestic servitude have

been investigated since 2017 but without prosecution so far. In 2016, the country did,

nevertheless, implement some changes in the immigration rules to the effect that migrant

domestic workers, including those in diplomatic households, are now allowed to change

employer within the six-month validity of their visa, among other measures.92 The victims’

rights directive of the European Union also applies to migrant domestic workers who are

victims of labour exploitation that amounts to a criminal offence, including trafficking in

persons. It explicitly applies to undocumented migrants and sets out minimum standards for

rights, although implementation for undocumented victims of crime remains limited.

69. In the Middle East, Qatar ended the kafala system in 2017 and a maximum 10-hour

workday, a weekly rest day and other measures to protect domestic workers from

exploitation were introduced. Nevertheless, domestic workers still have fewer protections

than other workers. 93 Kuwait and the United Arab Emirates recently adopted new

regulations which are aimed at improving the working conditions of domestic workers.94

Saudi Arabia and the Philippines signed a bilateral agreement in 2013 that contains specific

provisions for joint regulation of private employment agencies. The agreement was the first

of its kind to be signed by a country of origin in Asia and a destination country in the

Middle East.95 In 2017, the United Arab Emirates set up a special prosecution unit to try

cases that involve the abuse of Filipino domestic workers.96 However, despite the positive

legislative changes introduced by some Middle Eastern countries, implementation and

enforcement remain major challenges.97

70. The formation of workers’ organizations covering migrant domestic workers, as well

as their access to social dialogue mechanisms, such as collective bargaining, is critical to

ensure that their voices are heard and that servitude and slavery-like conditions are

prevented.98 The Domestic Workers Convention requires ILO members to protect the right

of domestic workers and their employers to establish and join organizations, federations

and confederations. However, only a few countries have ratified the Convention and the

90 Submission of Comité Contre l’Esclavage Moderne.

91 Uruguay, submission for the present report.

92 Submission of the United Kingdom.

93 See Human Rights Watch, “Qatar: fix gaps in domestic worker law” (26 June 2018).

94 See Rothna Begum, “Gulf States’ slow march toward domestic workers’ rights”, Human Rights

Watch (June 2017).

95 ILO, “Regulating international labour recruitment in the domestic work sector”.

96 See The National, “GCC working on unified domestic worker policy”.

97 ILO Regional Office for Arab States, “Domestic workers and employers in the Arab States:

promising practices and innovative models for a productive working relationship” (2017).

98 ILO, Care Work and Care Jobs for the Future of Decent Work.

reality is that migrant domestic workers face practical and legal obstacles to organizing,

including isolation, limited time and freedom of movement, fear of reprisals, language

barriers and an absence of public gathering areas. In addition, many trade unions exclude

migrant workers and particularly undocumented migrants, while in some countries migrants

are not allowed to form or join unions.99 For example, Gulf Cooperation Council countries

deny domestic workers the right to form unions to claim their rights.100

71. Other initiatives to promote and protect the rights of migrant domestic workers have

focused on safe migration pathways, education, fair recruitment and decent work for

women in countries of origin and destination, such as the “Work in freedom” programme

led by ILO in South Asia and the Middle East. Other programmes have integrated pre-

departure training with post-destination community-building in order to provide migrant

domestic workers with information about their rights and facilitate networking between

them. 101 For example, in Germany, a non-governmental organization used posters that

looked like advertisements from countries of origin, such as China, the Philippines and

Thailand, and in the respective languages, whereby domestic workers were informed of

where to seek confidential advice in case of abuse.102

VIII. Conclusions and recommendations

A. Conclusions

72. The human rights situation of domestic workers, including of migrant workers

in domestic servitude, remains largely invisible, as it is confined to the private sphere.

However, it is directly related to increasing globalization, macroeconomic policies

which reinforce inequality and poverty, climate change and demographic changes that

push women into migration. How care and domestic work are carried out is crucial to

the future of decent work. By applying a human rights perspective, domestic servitude

can be replaced with decent work and social justice, and a workplace free of violence

and harassment.

73. Domestic workers can overcome their invisibility and promote decent work

through representation in workers’ organizations and by having access to collective

bargaining, providing them with a voice to change exploitative working conditions.

Effective collective bargaining of the domestic sector at the national level needs to be

supported by a social dialogue involving tripartite partners in countries of origin,

transit and destination. The active involvement of private recruitment agencies in that

process is also critical to addressing the current challenges related to migrant

domestic workers across international borders.

74. The right to freedom from servitude is violated when the State fails to take

adequate measures to protect individuals from activities by private persons that

amount to servitude. Duties exist on the part of both sending and receiving States.

75. One of the key challenges remains the identification of migrant workers in

domestic servitude in the current context. A global rise in anti-migrant sentiment in

many countries in recent years has been accompanied by harsher migration policies

adopted by numerous Governments and by an excessive focus on the immigration

status of the victims. As a consequence, irregular migrants, in particular, are more

likely to be treated as perpetrators of an immigration offence than victims of domestic

servitude entitled to protection, assistance and redress.

76. In some countries, progressive legislative and policy frameworks exist but their

implementation is weak, owing to a lack of institutional capacity, the dispersion of the

99 Global Alliance Against Traffic in Women, “Beyond borders: exploring the links between trafficking

and labour” (2010).

100 Human Rights Watch, “Middle East failing to protect domestic workers” (28 October 2013).

101 Submission of Anti-Slavery International.

102 Submission of PICUM, GAATW and La Strada International.

workforce in private homes and underlying social norms which mean that domestic

work is not regarded as “real work”. Discriminatory attitudes are particularly strong

drivers where migrant domestic workers are also members of marginalized

communities, such as caste-affected groups and indigenous groups, when their

employers are from higher castes or are socially powerful. States must therefore

reinforce their efforts to identify victims and potential victims of servitude,

considering that migrants in vulnerable situations are always at high risk of falling

prey to traffickers and of becoming victims of contemporary forms of slavery.

77. Another challenge relates to the fact that international human rights law and

international labour law are not understood as applying to domestic workers and that

ratification and implementation of existing international instruments and mechanisms

which contribute to the prevention of domestic servitude, such as the Domestic

Workers Convention, remain limited.

78. Generally, more attention is paid to human trafficking for sexual exploitation

than to exploitation for forced labour, including servitude in the domestic sphere. A

victim-centred approach needs to be applied to all victims of contemporary forms of

slavery to ensure equal treatment, regardless of the sector of prevalence.

79. Victims of domestic servitude continue to face major obstacles in accessing

justice owing to their dependency on the employer; minimal employer accountability

owing to an absence of international standards in this area; widespread passport

retention by the employer; poor enforcement of laws against employment agencies; a

significant imbalance of power between employers and domestic workers that

exacerbates vulnerability and abuse; a lack of knowledge of or reluctance to use

existing complaint mechanisms by workers; and a lack of conceptual clarity around

forced labour which, compounded with frequent psychological coercion, impacts on

the identification of forced labour situations and the credibility and quality of

prosecutions.

80. In formulating policy responses to ensure that migrant domestic workers do

not become subject to slavery or servitude, States should note that not all women in

domestic work are equally vulnerable. An intersectional approach to domestic

servitude is therefore needed, recognizing the specific ways in which different women

are affected.

81. The effective fulfilment of the Sustainable Development Goals and in particular

of Goal 8 on the promotion of sustained, inclusive and sustainable economic growth,

full and productive employment and decent work for all is directly linked to the

prevention of domestic servitude. The Sustainable Development Goals agenda

therefore provides a unique opportunity to reverse inequalities at the national,

regional and global level, and to provide dignifying economic opportunities to all,

including to migrant domestic workers.

B. Recommendations to States

82. To effectively prevent and combat domestic servitude, to ensure the protection

of migrant women and their access to decent work, the Special Rapporteur

recommends that States:

(a) Create viable, accessible and non-discriminatory employment options for

women as a sustainable alternative to poverty and to prevent exploitation;

(b) Implement international human rights law and international labour law

to ensure protection of the fundamental human rights of migrant domestic workers;

(c) Ratify and implement the ILO Domestic Workers Convention, 2011

(No. 189) and the Protocol of 2014 to the Forced Labour Convention, 1930, and

implement the core conventions, including the Forced Labour Convention and the

Convention on the Protection of the Rights of All Migrant Workers and Members of

their Families;

(d) Support the adoption of an ILO instrument on ending violence against

and harassment of women and men in the world of work, including in paid care work;

(e) Enact and enforce criminal legislation prohibiting slavery, servitude and

forced labour;

(f) Adopt and implement labour and social protection laws which extend to

all domestic workers, including migrant domestic workers;

(g) Guarantee equal access for migrant women to services such as health

care, including sexual and reproductive health care, and social protection. Also ensure

that they have access to information materials in relevant languages;

(h) Guarantee the rights to assembly and to freedom of association for

workers, including migrant domestic workers;

(i) Allow for collective bargaining in the domestic sector by promoting

social dialogue involving tripartite partners in countries of origin, transit and

destination;

(j) Avoid the isolation of domestic workers by ensuring their freedom of

movement and access to communication;

(k) End sponsorship systems and prohibit the retention of passports or other

identity documents by employers, introduce an independent immigration status and

grant a grace period to migrant domestic workers to find new employment when

leaving an employer;

(l) Establish accessible, safe and effective complaint mechanisms for victims

of domestic servitude in order to increase the number of incidents reported;

(m) Investigate all allegations of domestic servitude with due diligence by

also ensuring that victims of servitude have effective access to a remedy without

discrimination;

(n) Reinforce efforts to identify perpetrators of domestic servitude and

bring them to justice, including by developing and implementing measures for regular

and proactive labour inspection, enforcement and penalties with due regard for the

special characteristics of domestic work;

(o) Make the inclusion of a gender perspective a strategic priority of labour

inspectorates;

(p) Adopt measures to facilitate the recovery and reintegration of victims of

servitude, inter alia by providing support services including access to health care,

counselling, vocational training and legal aid;

(q) Promote informed decision-making and a shift in the attitudes of

employers regarding the human rights of domestic workers, including of migrants,

through awareness-raising and information campaigns in languages understandable

to migrant workers;

(r) Engage with Alliance 8.7, a global multi-stakeholder platform promoting

implementation of target 8.7 of the Sustainable Development Goals;

(s) Ensure that national migration policies are in compliance with

international obligations to respect, protect and fulfil the human rights of all persons

within the jurisdiction of a State, irrespective of the migration status of individuals.

On that basis, adopt gender-responsive migration policies, programmes and services,

and safe, orderly and regular migration pathways, including for women and girls, as a

means of preventing domestic servitude and other types of contemporary forms of

slavery. Women should actively participate in decision-making regarding their safety

and protection;

(t) Ensure that migrant women have access to the regular labour market in

the host country;

(u) Ensure that women and girls vulnerable to labour exploitation are

promptly identified and referred to gender-sensitive services on arrival, in transit and

in destination countries;

(v) In destination countries, clearly separate labour inspection, immigration

management and law enforcement. Ensure that the labour inspectorate is proactive,

adequately resourced and entitled to conduct inspections of private households;

(w) Regulate and monitor private recruitment agencies and sub-agents by

explicitly prohibiting fraudulent and exploitative recruitment practices. Consider

concluding bilateral, regional or multilateral agreements to prevent abuses in

recruitment, placement and employment;

(x) In cooperation with civil society, trade unions and ethical recruiters,

establish policies which favour and support ethical recruitment practices.

C. Recommendations to other stakeholders

83. National human rights institutions should become more involved in promoting

and protecting the rights of domestic workers and of migrant workers.

84. Civil society organizations should monitor the elaboration and implementation

of relevant legislation to protect the rights of domestic workers, including migrants.

85. Civil society organizations can facilitate the engagement of returning migrant

workers through awareness-raising campaigns as a means of providing relevant

information to potential migrants and to promote informed decision-making by them.

86. Anti-slavery civil society organizations working at the community level and

women’s rights movements need to work together to influence policy change and to

effectively promote and protect the rights of migrant domestic workers.

87. Anti-slavery organizations should strengthen their efforts in appointing women

in leadership positions in order to effectively represent the interests of women affected

by slavery, including servitude.