Sunday, June 19, 2011
International Labour Organization
Regional Office for Arab States
Regional Office for Arab States
Friday June 17, 2011
For immediate release
Will Arab states ratify historic international labour standards on domestic work?
Arab  governments, workers and employers have largely supported the adoption  of the Convention and Recommendation on Decent Work for Domestic  Workers, and must now consider ratification
Geneva  (ILO News) - Most Arab delegates to the International Labour Conference  supported the adoption of historic international labour standards on  decent work for domestic workers on Thursday (June 16), with only a  handful of abstentions. But some highlighted the challenges to  ratification and
The  region hosts a significant number of migrant workers - some 22 million -  one third of whom are women engaged in domestic work, originating from  Asian and African countries such as Sri Lanka, the Philippines,  Bangladesh, Nepal, Indonesia and Ethiopia.
The  number of migrant domestic workers varies from country to country.  While Saudi Arabia hosts some 1.5 million migrant domestic workers,  estimates for Lebanon (225,000) and Jordan (77,000) are much lower.
These  workers are largely excluded from national labour legislation, social  security regimes and occupational health and safety provisions and are  often tied to their employers through a restrictive sponsorship system.  The majority of them have their passports and papers taken away by their  employers and are not allowed outside the home on their day off. The  informal, unregulated and isolated nature of their work renders them  vulnerable to exploitation and abuse.
ILO Convention 189 and Recommendation 201 on  Decent Work for Domestic Workers set out that domestic workers who care  for families and households must have the same basic labour rights as  those available to other workers: reasonable hours of work, weekly rest  of at least 24 consecutive hours, a limit on in-kind payment, clear  information on terms and conditions of employment, as well as respect  for fundamental principles and rights at work including among others  freedom of association and the right to collective bargaining.
Under  international law, the next step for Member States will be to submit  the new labour standards to their national competent authority for  enactment or other action, including ratification. Ratification would  mean accepting the Convention and Recommendation as legally binding  instruments and would require ensuring they are applied through  harmonizing national legislation and other methods.
Whether or not Arab governments will ratify or seek to implement the new standards remains to be seen.
“There  is an Arab consensus on the adoption of the Convention and  Recommendation on Decent Work for Domestic Workers but there are major  obstacles to implementation at the national level,” said Bahraini  Workers' delegate Ibrahim Hamad. “Far-reaching legislative changes will  have to be made in the countries that host the vast majority of migrant  domestic workers, such as the Gulf Cooperation Council states.”
Saudi  Workers’ delegate Nidal Mohammad Radwan agreed that it would take some  time to achieve ratification, but said significant efforts are already  underway in several Arab countries to bring national laws in line with  international standards: “There is a debate in Saudi Arabia at the  moment about introducing new regulations - such as an insurance scheme -  to better protect domestic workers and the families that employ them.  If these laws are passed, Saudi Arabia would move closer towards  ratification.”
Speaking  on behalf of the Gulf Cooperation Council countries at the Domestic  Workers’ Committee meeting, United Arab Emirates Government  representative Humaid Rashid Bin Demas noted that a unified labour  contract for domestic workers had been adopted in Kuwait, and new  legislation in the UAE would allow for labour inspection in private  households.
Convention  189 on Domestic Workers (2011) was adopted by a vote of 396 to 16, with  63 abstentions and the accompanying Recommendation 201 by a vote of 434 to  8, with 42 abstentions. The Convention is an international treaty that  is binding on Member States that ratify it, while the Recommendation  provides more detailed guidance on how to apply the Convention. 
Ten  of the 63 abstentions were registered by Arab delegates, mainly  employers who underlined their support for bringing domestic work into  the mainstream and addressing human rights concerns but also voiced  reservations.
In  2010, the Employer’s group had favoured a stand-alone Recommendation in  preference to a Convention explaining that an overly prescriptive  Convention could suffer a low ratification rate. Employers have also  emphasized the unique nature of domestic work, which takes place in the  home, where family rights must be respected.
“One  of the greatest challenges to implementing this Convention and  Recommendation, especially in Arab countries, is how to conduct labour  inspection while respecting the privacy of homes. Labour  inspectors everwhere do not have the right to enter homes. So this could  be one of the greatest challenges for Arab countries,” said Egyptian  Government delegate Iman Nahas.
Many  believe that, in order to be effective, legislative changes would have  to be accompanied with - or indeed preceded by - a change of mindset.
“It  is easy to discuss legal texts and conventions, and we may even amend  national legislation and ratify conventions, but the real challenge is  how to make these principles a reality. In discussing and adopting this  convention, we have accepted an international and national obligation.  We hope that our committment to domestic workers will be both a legal  and a moral one,” said United Arab Emirates Government delegate Humaid  Rashid Bin Demas. 
“There  is a genuine need for awareness-raising in Arab countries, to develop a  more humane view of domestic workers and to recognize that domestic  workers are real workers, not servants,” added Bahraini Workers’  delegate Ibrahim Hamad.
The  vote took place at the annual 100th International Labour Conference in  Geneva, Switzerland. The ILO is the only tripartite organization of the  UN, and each of its 183 Member States is represented by two government  delegates, and one employer and one worker delegate, with an independent  vote. A two-thirds majority of votes is required for a standard to be  adopted.
The call for a standard to protect domestic workers was first mooted at the ILC in 1965.
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For more information contact:
Farah Dakhlallah
Regional Outreach and Advocacy Officer
International Labour Organization
Regional Office for Arab States
Tel: +961 1 752 400 ext 117
Mobile: +961 71 50 59 58
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