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Migrant Women Domestic Workers in
Lebanon Dr. Ray Jureidini
* 2001
CONTENTS
Introduction
I. Domestic Workers Migrating
to Lebanon
I.1.
Recruitment Process
I.2.
Categories of Domestic Workers
Conclusion
II. Review of Working
Conditions
II.1.
Contractual and Non-contractual Employment Relations
II.2.
Remuneration
II.3.
Hours of Work
II.4.
Leisure or Free Time
II.5.
Works Tasks Performed
II.6.
Treatment by Employers
II.7.
Freedom of Movement
Conclusion
III. Coping Mechanism of
Employees
III.1.
NGOs
III.2.
Embassies
Conclusion
IV. Recent Government Reforms,
Measures and International Conventions
IV.1.
Government Reforms and Measures
IV.2.
International Conventions
Conclusion
V. Conclusions and
Recommendations
V.1.
Measures in the Courts
V.2.
Investments in Work Permits
V.3.
Agencies
V.4.
Contracts
V.5.
Bureau of Migrant Affairs
V.6.
Corporate Best Prcatice Policies
Appendix
* Case
Studies
Bibliography
Introduction
Foreign Labour in Lebanon
According to the report "A Profile of Sustainable Human Development
in Lebanon" by the United Nations Development Programme (UNDP) in January 1997, foreign labour
in Lebanon constitutes a "massive presence". The report classified workers in terms of their
major sectors of activity as follows:
- Mostly women of Sri Lanka, the Philippines, India and African countries provide household
services and similar functions in business establishments;
- (Male) nationals of Egypt, Sudan and Syria work as janitors, cleaners and porters etcetera
in buildings and commercial establishments;
- Syrian and Egyptian men work in construction, farming, road construction, car-servicing,
cleaning and garbage collection, repair and maintenance workshops, and as peddlers and
porters;
- West Europeans, some Arab and other foreign nationals (men and women) are engaged in
sectors that require scientific skills or financial means. (UNDP, 1997).
The types of jobs that foreign workers
usually undertake are the traditional dirty, dangerous and difficult jobs characterized by the
secondary labour market.
Although work permits are required of foreign nationals in Lebanon,
the Ministry of Labour has difficulties enforcing them. The only means which the Ministry has
of controlling and monitoring the entry of foreigners is by the issuing of work visas where
they control points of entry into the country, and when permits are voluntarily renewed on an
annual basis.
According to the Central Administration for Statistics, the total
number of work permits issued to foreign workers in 1999 was 74,909. However, the figures do
not distinguish between new and renewed permits, and many foreigners (particularly Syrians and
Palestinians) work without permits. Experts vary in their estimations of Syrians numbering
between 400,000 to 1 million. In 1995 the UNDP estimated Syrians to number around 450,000.
Yet, in that year, the Central Administration for Statistics shows the number of work permits
issued to Syrians as only 1056. In short, there are no reliable figures on the number of
foreign workers in Lebanon. However, if we accept a conservative estimation of around 300,000
Syrian workers, 40,000 Palestinians (10% of Palestinian refugee population), 20,000 Egyptians,
40,000 Sri Lankans, 10,000 Filipinos, 10,000 Indians and 10,000 from other African states,
the number of foreign workers in the country is quite significant, representing over 30% of
the official workforce figure of 1.4 million. This does not include those who entered the
country illegally, or the "illegal" employment of those whose permits have expired and not
been renewed, those who are working with only tourist visas, and those who are unemployed.
The preference by Lebanese employers for foreign workers, according
to the UNDP (op. cit.), is threefold. First, they tend to work for lower wages than Lebanese
nationals (usually below the minimum wage). Second, they are not registered with social
security and do not have health insurance. Third, they are more easily exploitable in the
sense that they tend to be more compliant, work harder and for longer hours (note, however,
that foreign workers who have formal employer sponsorship are required to have health
insurance coverage as part of their work permit conditions). Added to this, the political
and economic acceptance of cheap foreign labour into Lebanon is also seen as one measure to
contain inflation.
Domestic Service Workers
Prior to the civil war, Lebanese households employed young Lebanese females, mainly from poor
families in rural areas, or from Syria. Some Palestinians and Egyptians were also engaged.
They often entered the household anywhere from the age of 10 and left mainly when it was time
to get married. Parents of the household worker would visit sometimes as rarely as once a year
to collect her salary. Both during and since the war, however, such positions have come to be
seen by Arab women as degrading and unacceptable. Since the influx of foreign women from
Africa and Asia particularly, the position of domestic maid has become one that carries with
it a particularly low status. This is not only because of the servile nature of the tasks, the
conditions of work and relative low wages, but also because there is now a racial attachment
to domestic employment.
The first recruitment agency in Lebanon to open its doors to Sri
Lankan migrants was in 1978 (L'Orient Le Jour, 30/7/98). Most, however, came from 1993 onwards.
With respect to domestic workers, Sri Lankans and Filipinos are the most numerous. Sri Lankans
are by far the largest single group. The decline of the Sri Lankan intake in 1996 was due to a
dispute between the Lebanese and Sri Lankan governments. The Sri Lankans attempted to restrict
the insurance of Sri Lankan nationals in Lebanon to particular approved companies. The issue
was resolved, the number of entries substantially increased in 1997, and in February 1998,
a Sri Lankan embassy was opened in Beirut. From unpublished data of the Population and Housing
survey in 1996, it was shown that from the 11, 358 Sri Lankans in the sample, 95 per cent were
female, and 88 per cent worked in households as domestic employees.
According to the Sri Lankan embassy, there are currently around
80-100,000 Sri Lankans in Lebanon. The estimation by the Philippines embassy is approximately
20,000 workers from the Philippines. If we accept these estimations, we could simply take a
multiple of three or four on the 1999 figures for each nationality of foreign workers (see
McDermott, 1999).
A number of Asian countries such as the Philippines and Sri Lanka
have pursued active policies for overseas employment, partly to alleviate unemployment and
partly to generate foreign income (see Rosales, 1999). ILO figures show that for countries
with serious trade deficits, remittances from migrants abroad can be significant. For example,
"Pakistani workers remitted over US$2 billion in 1988, which covered 30 per cent of the cost
of imports. Indian workers remitted US$2.6 billion, the equivalent of 15 per cent of imports"
(Castles and Miller, 1998: 148). Most of these funds came from the Middle East. On a somewhat
smaller scale, remittances from the Middle East to Sri Lanka between 1980 and 1986 doubled,
from US$112 -264 million (Eelens, et al., 1992: 4). All Filipino migrants living abroad in
1997 remitted home some US$5 billion (KAKAMMPI, 1998). The Lebanese Minister of Labor reported
that "not less than US$10 million per month" was being repatriated from the "wages of foreign
maids" from Lebanon (An Nahar, 23/6/96).
Although there are significant economic interests in encouraging
labour migration to the Middle East and other countries, there have also been attempts by
sending countries to apply minimum labour conditions in the receiving countries. This has been
tried by establishing specific conditions within the labour contracts and by introducing
licensing procedures for private recruitment agencies. These measures, however, have met with
little success (Abella, 1995). The governments of the Philippines, Bangladesh and Thailand
went so far as to ban the placement of female domestic helpers from some countries following
reports of physical and sexual abuse. In 1987, the Philippines government only allowed
Filipino domestic workers into those countries which were prepared to enter into bilateral
agreements where protection of the workers was guaranteed (Abella, 1990: 244). The Philippines
subsequently established an "Overseas Employment Administration" to encourage migration and to
conduct pre-departure seminars for emigrants appraising them of their rights and what to
expect in certain countries. The Sri Lankan government now also provides pre-departure
seminars, but these are mainly to teach the women how to use electric household appliances.
It is very difficult for foreign governments through their diplomatic
missions to monitor the fates of female domestic service workers, although recent activities
in Lebanon have sought to redress this. For example, Lebanon's General Security now has
computerized data banks that record the entries of all migrant workers with the names of their
employers which mean they can be traced in a way that was impossible previously.
I. Domestic Workers
Migrating to Lebanon
Administrative and legal requirements in
Lebanon apply to all foreign domestic workers.
I.1. Recruitment Process
Formally, a domestic woman worker has to
be "sponsored" into Lebanon. That is, in order to be able to enter the country on a working
visa, she has to be invited from the Lebanese side, either through an agency or on request by
an individual employer. Lebanese agencies can either use the intermediary services of their
counterparts in sending countries, or they can recruit the women themselves directly. The
workers arrive into Lebanon with a 3 months working visa, pre-arranged by the Lebanese agency
or the sponsor. The visa includes the name of her employer (sponsor) written in the passport.
There are currently around 150 recruitment agents licensed by the Ministry of Labour in
Lebanon and a small number who operate illegally. Licensed agents are required to lodge a
US$35,000 bond with the government to bring in 150 migrant workers per annum (Now 125,000
before 150,000 to recruit 125 women).
Many, but not all, women wishing to migrate pay agency fees in their
home country. It is not known how many do pay pre-departure agency fees. Those who do will
usually need to enter into debt (to family members, banks or loan sharks) or sell assets such
as jewelry to cover the cost. Agency fees in Sri Lanka, for example, are around US$200, but
may vary between countries. The Lebanese agency's fees are borne by the Lebanese employer -
currently around US$1,000 for Sri Lankan and African domestic workers and up to US$2000 for
Filipinos. (It was only in the past 12 months that charges for Sri Lankans were reduced from
US$1500, due to the economic recession and the competitive increase of agents who have entered
the industry.) These fees cover the cost of the airfare, government charges (initial 3 month
working visa) and agency commissions. In addition to these costs, the employer must pay
separately for the residency and work permits, notary fees and insurance (to be renewed each
year), which amount to US$500. Filipinos command higher up-front costs as well as monthly
salaries because they are considered to be better educated can speak and are literate in
English and have higher social prestige as domestic servants. Lebanese law also requires the
employer/sponsor to provide insurance for domestic workers that must cover medical, disability,
accident, burial and repatriation costs. The insurance must be arranged within the first three
months of employment and is a precondition for the annual work and residency permits. This
usually includes a medical examination and report which employers arrange soon after the
domestic workers' arrival.
Although the costs and fees of agents may vary, as there are no
price-fixing or government price ceiling regulations in either country, one Lebanese agent
interviewed pays to his Sri Lankan agent US$500 for each "girl". This includes around $260 for
a one-way airline ticket to Beirut, leaving $240 commission for the Sri Lankan agent.
In a study of Sri Lankan domestic workers in Lebanon, Jureidini and Moukarbel (2001) found
that the decision to migrate to Lebanon is often made by the Sri Lankan agents, who it is
presumed make more commission from Lebanon than from other countries.
One middle-class Lebanese employer interviewed specifically requested
young, unmarried girls from a village. This employer explained that she ordered a young Sri
Lankan "whose lips have not been kissed other than by her mother"; in other words, naïve,
inexperienced and innocent. Others wanted older women who it was presumed had overcome their
sexual desires.
On arrival at Beirut airport, the sponsor is required to personally
meet the employee at the airport to take her home. It is important to note here that when the
employer picks up the employee, General Security usually calls him/her at the exit gate
(General Security, housed within the Ministry for the Interior, is responsible for the control
of foreigners in Lebanon). A General Security officer at this point will be in possession of
the employee's passport, but will hand it directly to the employer while the employee waits
behind.
I.2. Categories of Domestic
Workers
Foreign female domestic workers in
Lebanon may be classified into three types with different living and working conditions,
namely: "live-ins", "freelancers" and "runaways".
Live-in workers reside within the sponsors/employer's
household, usually for 2 or 3 years. The sponsor is responsible for all the financial costs
such as working papers, health insurance, clothing and food, as well as the airfare to return
to her home country upon completion of the employment. The employer can (and usually does)
control and limit her freedom of movement. The employer usually also keeps her passport and
other papers, making it impossible for her to leave the country. It is, as noted above, up
to the employer to renew her work and residency papers as well as her medical insurance each
year. The household worker cannot change employers, unless the employer agrees and the
Lebanese authorities allow for a "release" to take place. The employer who has acquired the
services of an agency has the luxury of changing his mind and changing maids within the first
3 months of the contract. This is the agency's "guarantee".
Freelancer's living and working conditions are much less
controlled. The main difference is that they live on their own (either renting, or staying in
a room in exchange for services rendered) and work on hourly basis (around $4-5 per hour) for
different employers. They have the freedom to withdraw their services as they wish. Some
freelancers entered Lebanon on live-in contracts. However, when the contract finished, they
decided to remain in Lebanon and to be in control of their own labor. Others came initially to
work as freelancers using the name of a sponsor who had agreed, in return for a fee, not to be
their employer - as a form of sub-contracting. To remain within the law, the freelancer must
have a sponsor. Some Lebanese men have taken advantage of this as a prosperous business,
charging up to US$1200 to act as sponsor for an individual migrant worker. There have been a
number of cases where this sponsorship money has been taken, but no papers arranged and the
passport not returned. To our knowledge, none of these men have been prosecuted. It is
important to note that in most cases, the freelancer cannot prove that she had given money to
get her papers regularized as these "acting sponsors" rarely give receipts. In such cases, the
migrant is usually too scared to go to the police because of her "illegal" status and the risk
of arrest and deportation. Moreover, they generally do not have access to legal representation.
"Runaways" are the third category. These women are former
live-ins who decided for various reasons (mainly abuse and withholding of payments) to leave
the house of their employer. They take refuge in embassies, NGOs and sometimes with their
compatriots sharing cheap accommodation. Lebanon does have a law on Codes and Obligations of
Contracts (see Conclusions section on Contracts below). As soon as she leaves her sponsor, the
domestic worker is automatically rendered as an illegal alien. The employer usually notifies
General Security for otherwise, he would be responsible for her as long as she is in Lebanon
paying her yearly residency and work permits charges. The runaway is left with two choices.
She either goes back home or finds a new sponsor. In the first option, she must succeed in
retrieving her passport from her employer (who sometimes "sells" it to her) or she must get a
laissez-passer from her embassy to leave the country. In the second option, a release to work
for someone else needs to be purchased.
Conclusion
It may be said that live-in and runaway
migrant workers are "unfree labour" in the sense that they do not have the right to choose an
employer without express permission from the state authorities. Nor do they have the right to
withdraw their labour from their sponsor/employer without being rendered illegal and thus
liable to arrest, imprisonment and deportation. By contrast, while freelancers are bonded to
a formal sponsor, in reality they may considered more as free labour and so are much less
vulnerable to abuse and exploitation by employers and agencies.
Being formally tied to a sponsor/employer is a standard condition of
temporary foreign labour in most countries. It applies to both skilled and unskilled labour.
Thus temporary foreign labour is perhaps by definition "unfree" in terms of the local labour
markets of receiving countries. However, the type of slavery-like practices applied to live-in
domestic workers are an added dimension in the denial of basic freedoms.
II. Review of Working
Conditions
An important part of those who live in
the household experience the worst working conditions of foreign female domestic workers in
Lebanon. This complicates the normal considerations of labour standards and relations because
working conditions are inextricably linked with living conditions and general treatment
1. This
session will address seven issues in relation to working conditions.
II.1. Contractual and
Non-contractual Employment Relations
It is unclear whether the existence or
non-existence of a contract between the domestic employee and employer makes any difference
to the conditions of work. On the one hand there is a requirement that some type of contract
be signed by both parties when the work and residency permits are being applied for. If the
employee does not use a standard contract drawn up by their embassy, they are obliged to accept
a contract written in Arabic and issued by a notary. Few employees concern themselves with the
details of the contracts in terms of requesting or insisting that the terms and conditions be
complied with. In Freda's case, she had signed a contract that had been faxed to her in the
Philippines prior to her departure (on her insistence), but there were many violations of the
agreement.
The length of contracts seems to be variable - between one and three
years, maximum. By law, at the end of the contract the employer is obliged to furnish the
employee with an airline ticket to her home country.
Many women work illegally, without a contract and without valid work
and residency permits, although there is no clear estimation of numbers. Some who live-in are
rendered illegal by their employers who do not renew their papers and pay the taxes required.
What happens in such cases at the end of the contractual term is unknown, because the worker
cannot leave the country unless her papers are in order. Unscrupulous employers may at that
time falsely accuse the employee of theft in order to relinquish responsibility for the
employee as well as the back taxes and the airline ticket home. However, more recently, the
Lebanese government instituted a $1000 bond on registration of sponsorship, to be lodged by
the individual employer with the Central Housing Bank. The bond is intended to cover such
contingencies.
A number of human rights lawyers for some years have been attempting
to convince foreign workers to seek redress in the courts for violations of contracts,
offering their services free of charge. However, very few have been willing. Too often they
are simply unaware of their rights and unprepared to test them in Lebanon. They either leave
the country to put their traumatic experiences behind them or they are reluctant to risk the
possibilities of finding other employment to recoup their losses before eventually returning
home.
II.2. Remuneration
Foreign domestic workers receive various
wage rates, depending on their country of origin. It is unwise to put a firm figure of the
standard monthly rates, however, the norm is probably around $250-300 for Filipinos, $100-150
for Sri Lankans and Africans. This monthly salary is for live-in workers, where their
accommodation, food and sometimes clothing, etc. is provided. Filipinos are considered more
prestigious in terms of status for the household, "more intelligent", better educated and
better able to speak English, the third language of Lebanon. However, while all 3 Filipinos
interviewed said they were literate in English, so did the Ethiopian worker, as well as the
Sri Lankans.
Those who work freelance can earn a great deal more - up to $500 per
month or more, but they must either take the risk of working illegally or bear the cost of the
annual work and residency permits. Further, they must pay for their own accommodation and
living expenses.
II.3. Hours of Work
In this particular research group,
working hours varied between 9 and 19 hours. In the survey of 70 Sri Lankan domestic workers,
Jureidini & Moukarbel (2001) found an average of 16-17 hours of work per day. In addition,
however, it was noted that many are considered to be "on-call" for 24 hours. For example,
cooking and cleaning until late at night when visitors are over, or nursing the children and
assisting elderly people.
The standard contract of the Sri Lankan government for their nationals
specifies no more than 12 hours per day, and with suitable rest periods. Only Pia in our case
examples indicated a regular rest period each day between 2-4pm. These hours of work are long
by any standards.
II.4. Leisure or Free
Time
Only two of our case studies indicated
they had any days off, in this case the Sunday. This is consistent with the findings of the
70 Sri Lankans where 88 per cent reported having no days off. Some might have an hour or two
on Sundays to attend church services, and even then their employers often accompany them. Rare
is the live-in worker who can go outside, visit friends or just go walking. Some said when
they had some respite they would rest, or sleep from exhaustion.
Freelancers, of course, can more easily build in free time depending
on the hours of work they have and the amount of money they are able to earn. Some work for
more than one employer on a daily or hourly basis. Sundays are usually sacred for religious
services and for Sri Lankans particularly, congregate in Dora, a suburb of Beirut to do their
shopping and to socialize. Observing the interactions on a Sunday in Dora, mostly young males
and females cluster in small groups. There are no open political activities or any evidence of
security personnel checking identification papers or general harassment. Indeed, General
Security is not particularly interested in making special efforts to look for and detain
illegal workers. As the country is replete with "illegal" workers, the trouble and the
financing of apprehending and detaining them is not seen as cost effective (personal interview
with Major General Sayyed, head of General Security).
II.5. Work Tasks Performed
The most entails all household chores
with the exception of cooking. This is usually the responsibility of the madam. Domestic
helpers assist in cooking, by cutting vegetables, set the table, serve the meals and clean up
afterwards, including the washing up. Everything also includes washing the clothes, ironing,
washing floors, vacuuming carpets - sometimes dusting and washing them - dusting on a daily
basis, making the beds, tidying, picking up after the children, shopping at the local store
or accompany their employers to the supermarkets. In many cases, looking after the small
children was added to the other household tasks.
The intensity of work will depend upon the fastidiousness of the
madam. Some are nothing less than obsessive with cleanliness and will constantly inspect and
supervise the domestic worker's work. Constant criticism in this regard is an insidious form
of harassment and pressure. Others are not so demanding. In one of the interviews the
difference was noted between Western employers compared with Lebanese employers.
Although the Filipino and Sri Lankan contracts forbid it, many
domestic employees are required to work in the houses of relatives of their employers. In none
of these cases reported was the worker given extra money. When the family goes on an outing, or
to visit relatives, the maid will often accompany them as part of her work (not her leisure).
II.6. Treatment by
Employers
One of the most common images of the
treatment of domestic women workers in Lebanon is physical abuse. There are indeed very
serious cases, which are those most reported in the press, but overall there is probably not
as much physical abuse by employers in the household as is commonly thought. Many foreign
workers testify to decent respectful treatment and have grown to like their employers. In fact
the most serious abuse reported seems to have come from recruitment agency staff, rather than
the employers. Still, it is not unusual for a domestic to suffer from emotional or
psychological abuse.
It is noteworthy that the harshest treatment by employers seems to
occur during the early months after beginning work. The madam during this period usually
adopts the attitude that she has to "train" her harshly so that there will be no
misunderstanding later. It is a strict and punitive form of socialization into the job.
Within this relationship are complex aspects of fear and uncertainty on both sides. To take a
recent example, a Sri Lankan woman around 30 years of age arrived to take up her position in a
lower middle-class household. The madam took two days leave from her full-time job to train
her. Among other things, the madam put her into a bathtub and insisted on scrubbing her all
over. The madam trimmed even the hairs under her arm.
The Pastoral Committee of Asian-African Migrants (PCCAM) recently
established a rudimentary database of the cases that they had dealt with in the twelve-month
period to March 2000. Of the 406 cases, 234 (58%) were Filipino female domestic employees as
the largest single nationality. Only 21 (5%) were from Sri Lanka. Other nationalities included
people from Vietnam, Zaire, Lebanon, Ethiopia, Nigeria, Indonesia, Sudan, Kenya, Madagascar,
Mauritius, Ghana and Eritrea. In 116 cases, some form of abuse or mistreatment by their
employer was reported. In many cases, more than one type of mistreatment was also reported.
Also the withholding of passports and identify papers is taken as given and thus not included
as a form of abuse when perhaps it ought to be.
II.7. Freedom of Movement
One of the most insidious forms of
domination and control over foreign domestic workers in Lebanon is the harsh restriction of
their movement. If not actually locked in the apartments, employees rarely have keys and are
usually forbidden to leave without express permission. It is a form of imprisonment that has
become part of the normative expectations of the employment relationship. Even if employees
are well treated in all other ways, the practice of restrictions is standard.
Freedom of movement is also curtailed by the withholding of the
employee's passport and other identity papers. This is against all international conventions.
And yet, it is a normative practice, condoned even by the foreign diplomats we have spoken to,
as well as human rights lawyers, priests and the like. It is generally accepted that the
initial investment of the employer justifies this - until some trust has been established -
to minimize the risk that the employee will not abscond.
The total isolation experienced is a concerted one - no telephone
access, sometimes no mail, or control over all correspondence with the home country and
social isolation. For example, they are rarely allowed to speak to other maids across the
balconies, or chat in the streets.
In addition to the restriction of movement are the restrictions in
eating, many live-in workers are not given enough food and only allowing them to eat the
leftovers after the family meal. One can also witness this treatment in restaurants. In
several cases, padlocks are attached to the refrigerator.
Conclusion
This section has focused mainly on
negative work practices from the point of view of the foreign domestic worker. There are in
fact two stories that need to be told in the analysis of domestic migrant workers in Lebanon.
One concerns degrading forms of slavery. The other concerns the positive effects where
individuals, families and the sending countries as a whole benefit from the improved financial
opportunities afforded by the higher incomes remitted from these workers. Other opportunities,
such as skills acquisition and general learning and experience gained can also improve personal
development and social standing in their communities.
It is important to note how willing these women are to sacrifice
years of their lives for their families. Often women have to suffer the indignities of a
marriage failure, a common occurrence, and the separation from her children. It is the role
that luck plays in the draw of secure and decent employment abroad.
Although in most cases there are no apparent forms of serious abuse
in Lebanon, restrictions of movement, withholding of passports and belittling have become
"naturalized" among Lebanese employers. Apart from constant criticism, and work exploitation
many women not only stay with their employers (like Pia's case), but also accepted the
conditions and renew their contracts. It would seem that the benefits outweigh the costs that
these women are prepared to pay.
III. Coping Mechanism of
Employees
The following section of the report looks
at those foreign domestic workers whose illegal status means that while residing in Lebanon
they must avoid the authorities for fear of being detained imprisoned and deported. Thus they
must find adequate housing and an income to survive, unless they willingly turn themselves in
and await deportation, which can take months while incarcerated in often appalling conditions
in the detention center. The detention center is not formally classified as a prison. It was
specifically designed to house people awaiting deportation. Number of African and Asian
migrant workers in the prisons and detention centers can vary up to 200-300 women at any time
(Young, 2000).
Although Lebanon has been a member of the advisory committee to the
UNHCR since 1964, it never signed the 1951 Geneva Convention that recognizes the rights of
refugees and displaced people neither the conventions dealing with migrant workers. Lacking
the normal rights of citizens to access public forms of help and having no family support,
migrants are left to the vagaries of charitable organizations and their diplomatic missions
for assistance. There are 4 aspects to non-state provisioning that both "legal" and "illegal"
migrant women access.
III.1. NGOs
While there has been a massive
proliferation of both Lebanese and foreign NGOs in Lebanon since the civil war, very few have
been established to cater for the needs of migrant domestic workers. It was not until 1997
that the Pastoral Committee of Asian-African Migrants (PCAAM) was formally established. Under
the direction of Bishop Paul Bassim of the Ecclesiastic Council of Lebanon and the day to day
co-ordination of Father Martin McDermott, PCAAM administers social, legal and religious
assistance to migrant workers. Under the auspices of PCCAM lawyers are provided mostly free of
charge, either through the Legal Aid program established by the Lebanese Bar Association, or
by individual human rights lawyers. It also oversees the operations of four Catholic centers
that cater for the needs of African and Asian migrant domestic workers (as well as other
migrants). These are the Afro-Asian Migrant Center (1987), Laksehta (1988), and two individual
initiatives, one by Father Vlugt and one by Father Mati. Like PCAAM, also Caritas-Lebanon
works on migrant workers issues under the aegis of the EC. Caritas' Migrants Center (1994)
coordinates with PCAAM and the 4 centers. All of these cater in various ways to assist women
who have been apprehended without valid documents and placed in detention centers.
The Afro-Asian Migrant Center (AAMC) is managed by a
Philippine nun, Sister Amelia. Mostly Filipino workers gravitate to this center, which - apart
from welfare services - acts as a central meeting place where religious services and
recreational functions are coordinated. A "safe house" provides accommodation for women who
have run away from their employers and the Center will often connect these women to more
reputable employers through their own networks.
The Laksehta Center, run by a Sri Lankan nun from the Bon
Pasteur order, Sister Angela, provides another refuge, more or less exclusively for Sri Lankan
women in suburban Beirut (Young, 2000). A variety of welfare and religious services are
provided by and at the Center. Once a month, they visit all other prisons where Sri Lankans
are incarcerated (e.g. Zahleh, Tripoli, and Baabda). The center also has established a postal
service. The organization through the Sri Lankan embassy assists to repatriate the remains of
deceased migrant workers, whether Catholic or Buddhist, back home. In the period September 1998
- August 1999 it was reported that "at least 10,000 persons made use of various forms of
assistance: the refuge (130 women), legal assistance (34 women), retrieval of passports from
employers (5), employment for 116 women, medical care, including hospitalization and after
care (78 women), treatment for mental illness (14 Sri Lankans and 7 Ethiopians) and
repatriation2
(59 women). During this period, some 750 persons were visited in the prisons.
The Sri Lankan Welfare Association was established in early
1999 as a fund raising organization to assist those in need of emergency assistance. Although
it is mandatory that sponsors of migrant workers take out health insurance for their employees,
many, or possibly most migrant workers, particularly those who do not have valid working
papers and runaways are not insured and have little money. This association raises funds to
enable migrants with no resources to attend hospitals which in Lebanon require an up front
payment before admission can be processed.
Most direct welfare provisions for migrant workers in Lebanon tend
to come from religious groups, and as shown above, primarily associations linked to the
Catholic Church. A number of religious groups have been formed, many associated with the AAMC
or the PCAAM, but which also tend to gather according to nationality. In addition, national
groups (for example, Filipino, Sri Lankan, Ghanaian, Tanzanian, Nigerian) have formed as
"solidarity networks to dispense assistance and advice" (Young, 2000: 66).
Since 1994, Caritas Lebanon has been providing assistance to
refugees, asylum-seekers and Migrants Center. The Center's services to migrant workers
are primarily for migrant workers from Africa and Asia, especially women. A lawyer is available
for advice. Cases that cannot be solved through mediation and have strong evidentiary support
are prosecuted through their courts. In addition, a social worker at the Center can enroll
migrant workers in a low-coat major medical insurance plan. Social workers are available at
the Center to assist migrant workers with problem solving and access to available social
services.
A Migrants Center social worker is also present in the Detention
Center in Adlieh. The Center monitors the treatment of detainees, supervises medical care,
organizes meals from outside, and assists with resolving cases and promoting early release
where possible.
III.2. Embassies
Because migrants are now only granted
embassies and consuls are taking entry permits if they have diplomatic representation in
Lebanon, increasing responsibilities. In the past year an Ethiopian Consulate has been
established. Until two years ago, countries such as Sri Lanka, Madagascar, Vietnam and African
countries except Sudan appointed honorary consuls to represent them in Lebanon. These were
unpaid Lebanese nationals, who relied on commissions from the services they provided, but who
also too often acted as recruitment agents. As such they were not active in protecting the
interests of the migrants (Garde, 1998).
One indicator of the level of the isolation and despair of migrant
workers is the suicide rates. While no systematic research has been conducted on this area,
some figures have been revealed. For example, in 1997 there were 47 "suicides" of Sri Lankan
household workers, all having jumped from the balconies of their employer's apartments
(An Nahar, 3/3/98). In the six months from March 2000, 8 Ethiopians had committed suicide
(interview with the Ethiopian Consul in December 2000). One case that this author personally
researched in December 2000, 8 Ethiopians had committed suicide (interview with the Ethiopian
Consul in December 2000). Further, there is a great deal of suspicion regarding many cases by
members of the public as to the extent to which these are all in fact suicides or the results
of foul play. While there have been at least two cases of Sri Lankans charged with murder, no
Lebanese have been charged or found guilty of such crimes against foreign domestic workers.
There is no doubt, however, that the presence of diplomatic representation can make a
difference to the treatment of migrants in Lebanon.
Sri Lankan Embassy (1998): The Sri Lankan embassy under its
current ambassador, Dr M. Muhseen, has taken measures to implement reforms. One employee
regularly attends the offices of General Security to request names and addresses of employers
of runaways so they can mediate negotiations for retrieval of passports, payment of wages and
funds for repatriation. General Security, according to this employee is always very cooperative
and helpful, and on an ad hoc basis will offer assistance in such retrievals, as they can be
quite persuasive.
In an attempt to improve the conditions of work for Sri Lankan
domestic workers the Sri Lankan ambassador notifies the agent concerned when faced with a
woman who has run away. When the agent arrives at the embassy to 'collect' the domestic worker,
the ambassador does not release her to the agency, but insists to the agent that he (the
ambassador) interviews the future employer to ascertain whether he or she is fit and proper
person and to press upon them their obligations and responsibilities as employers.
Philippines Embassy: The Philippines Embassy may be said to
have developed the most systematic set of facilities for its nationals in Lebanon. The
government of the Philippines established an Overseas Employment Administration with
legislation to protect emigrant workers from abuse and exploitation. With an explicit policy
to encourage labour migration ("Philippines Migration for Work"), there are regulations that
require emigrants to participate in "pre-departure orientation seminars". These seminars,
however, are only awareness-type programs, rather than in-depth training and familiarization
with what may be encountered in the host country.
There is also an accreditation procedure to license recruitment
agencies wishing to procure Filipinos for work in Lebanon. Licensed agencies are required to
use the Embassy's "Master Employment Contract for Domestic Helpers" which stipulates the terms
and conditions of employment (in English and Arabic). As of September 2000, there were some
2000 of these contracts signed and approved. The rationale here is that it is easier for
embassies and other social institutions, to implement welfare to those with embassy approved
contracts because all details of employee, employer and agency are registered. However, there
have been no cases where breach of contract has been invoked.
The Filipino Worker Resource Center in Beirut, has been designed to
provide facilities training seminars to assist their nationals in skills upgrading and other
cultural activities. This has been established with a concern for dealing "development" issues
as well as welfare. In this sense, it may be said that the Philippines takes a very
"business-like" approach to its migration program.
Ethiopian Consul: The government's role as a public employment
agency in the recruitment of workers for employment abroad has greatly diminished since the
introduction of the Private Employment Agency Law in 1998. However, even when the government
acted as a public employment agency, most women were trafficked instead of legally recruited,
In 1996, for example, only 356 women were left for the Arab countries with approval by the
Ministry of Labour and Social Affairs. In 1997, 728 left; in 1998, 984; in 2000, 1163 women
left through the same process3.
Yet, in 1999, 17,000 Ethiopian women were reportedly working as housemaids in Lebanon4 - indication
enough that more women leave the country illegally than through legal channels
5.
In response to the pressures put upon the government regarding the
lack of protection of Ethiopian migrant women, and due to reports of severe abuses inflicted
on these women, the Ministry of Foreign Affairs set up a National Committee in June 1999. The
Committee consists of representatives from the Ministries of Foreign Affairs, Justice,
Security, Labour, Social Affairs, Information and Culture and the Women's Bureau at the Prime
Minister's office, Immigration and Refugee Affairs and the Police Commission.
Ethiopian government has not fit at this stage to open an embassy in
Lebanon, based upon the current political relations between the two countries. The current
consul, Mr. Fiesha Afeworki, is currently faced with an understaffed office and an overwhelming
number of individual cases of Ethiopian runaways requesting a laissez passer, or who need
legal assistance of one form or another. He has access to one or two lawyers who work for
free. With an estimated 15,000 Ethiopians in Lebanon (the proportion of domestic household
workers is unknown) there are major human rights abuses perpetrated against Ethiopians. Most
Ethiopians in Lebanon have entered illegally, without contract, recruited by agencies in Addis
Ababa without the government's knowledge. There is only one accredited agency in Ethiopia that
maintain international labour standards. The illegal domestic workers are subject to a range
of inhuman mistreatment, including rape, burning and starving. However, Ethiopian suicides
have reduced since the opening of the Consulate as they now have better access to air their
grievances (Interview with Father Salim Rizkallah).
Given the poor resources available, the consulate relies heavily upon
NGOs and other charitable organizations and individuals for assistance.
Conclusion
Although the social, medical and legal
assistance provided by NGO and embassies are vital and indispensable, they are not always
successful in solving the problems of their nationals in Lebanon. Until now, only very few
employers employers/sponsors who have violated their contractual obligations have been
prosecuted by the Lebanese government. This leaves the embassies and NGOs somewhat powerless.
Along with diplomatic proclivities to avoid conflict, and because the embassies are concerned
with the continuing facilitation of migrants as an expert commodity, justice for the migrants
themselves is rarely achieved. Moreover, Young (2000:71) suggests that "most countries which
send workers to Lebanon, perhaps with the exception of Syria and Egypt, are not considered
powerful enough by the Lebanese to be able to impose respect for their nationals."
An important source for assistance to the women discussed in this
chapter is the freelancers. Freelancers need to be resourceful and do avail themselves, when
required, of the services of the NGOs noted above. In return, they mat find work for runaways
who have come to the attention of the NGOs who maintain links with them. In this sense there
is a substantial network operating, but usually along ethnic lines. While there are African
and Asian freelancers living and working together, the closer friendships and assistance tends
to be within the different ethnic groups.
IV. Recent Government
Reforms, Measures and International Conventions
IV.1. Government Reforms and
Measures
Five measures may be identified as having
brought about positive changes in Lebanon during the previous two year under the government
when Salim Hoss was Prime Minister. Since the government sought to improve the administration
and enforcement of regulations, most of the dealt with how to handle undocumented foreigners,
work permits, police and the like.
In October 1998, the Lebanese government banned the process of
"releasing" foreign workers from one sponsor to another. This had the effect of preventing
what was tantamount to "selling" workers from one employer to another, for the procedures in
procuring the release papers invariably included some remuneration to the sponsor. The
manifest reasoning for the legislative change was somewhat different, for the government
wanted to ensure that agencies and other individuals were not using fictitious, nominal
sponsors to import large numbers of foreign workers to post-facto place them with an employer,
a practice very close to trafficking. Sponsors were doing this because of an incremental tax
rate which meant that a sponsor who has one employee pays 250,000LL; with a second, the
charge is 500,000LL, and a third, 1,000,000LL and so on, thus making it a prohibitively
expensive business.
Again in 1998, the government introduced a scheme of tax stamps
costing around $24 for the pre-registration work visa (which covers the worker for the first
three months in the country). This considerably reduced the costs since in the past, agents
and individual sponsors were required to pay around $250 to the Ministry of Labor.
Another initiative of the Hoss government has been to establish a
complaint procedure. Through this procedure the Ministry of Labor has indicated that it will
take an active role in complaints cases. In the past year, 3 agencies have had their licenses
suspended for improper conduct. One agency was suspended (see case 2) due to the direct
intervention of the Sri Lankan Ambassador who personally made the complaint. These has been no
actual cancellation of licenses. Although there are probably thousands of cases to be taken
into consideration, they rarely reach the complaints stage because of the lack of trust in the
system that has been seen to automatically assume the interests of the employer; and because
the foreign women do not know how, or whether, to make a complaint.
In addition to the above points, the government has, since 1998,
computerized the names and addresses of all foreign workers entering the country and their
sponsors. It is now possible to trace the sponsors through the Ministry (usually through General Security) whenever there is a problem. Prior to this it was virtually impossible, for example, to find the employer of a 'runaway' household worker who may have been abused or unpaid, but did not know her sponsor's full name or precisely where he or she lived.
From August 2000 until February 2001, the government issued an
"amnesty", allowing "all illegal residents in Lebanon to apply for residency or leave the
country". In an interview with Major General Jamil Sayyed, Head of General Security, he
explained that this is not an amnesty, since those whose papers require regularization must
pay back taxes to cover the period since they last renewed their work visas and residency
permits, whether they leave the country or not. It does, however allow for release papers to
be arranged without special permission where a sponsor is no longer the employer, and another
employer is willing to become the person's sponsor. The aim was to reduce the number of illegal
foreign workers in the country. When they are caught, it becomes a troublesome expense to the
government, which General Security would like to reduce.
In principle, if a foreign employee leaves the employ of her sponsor,
she is obliged to leave the country, or seek special permission to release her to another
employer (which only the current "amnesty" will allow). However, a very recent announcement
by General Security (Surete Generale) states that: "responsibility for bringing a foreign
domestic servant into the country may be transferred to another individual one time only
during the first three months of the foreign laborer's stay in the country" (Daily Star,
6/12/00). This measure was introduced to ensure that once the 'amnesty' has expired, there
will be some flexibility to release a worker from one sponsor to another, but the limitation
of the first three months coincides with the first employer/sponsor's responsibility to arrange
a 12 month work visa and residency permit. If either the employer or employee do not wish to
continue the contract, they have the first three months to sever it. It also coincides with
the agencies' guarantees to replace an employee within the first three months if she is not
deemed suitable for any reason.
IV.2. International
Conventions
There are a number of relevant
international conventions that Lebanon has ratified and which can be invoked for legal and
political purposes. The following details those conventions and the most appropriate articles
as may be applied to female foreign domestic employees in Lebanon. It must be noted, however,
that the legal status of migrants in international law is linked to their conditions as aliens.
As such, they need diplomatic protection, which can only be activated by the state through
bilateral relations (Pires, 2000). The law of aliens and diplomatic representation is an
important backup for migrants where appropriate international human rights instruments are not
accepted. In the Lebanese law, domestic workers are not registered under the Labour Law but
the Civil law. Article 7 of the Labour Law articulates that all workers are covered except
domestic workers.
United Nations Conventions: Lebanon contributed to the
formulation of the text of the Universal Declaration of Human Rights, which was adopted by the
UN General Assembly in December 1948. The Declaration is in fact enshrined in the Lebanese
Constitution, which also states that all international conventions to which Lebanon is a
signatory will take precedence over national laws and conventions. Especially Article 5 on
torture or to cruel, inhuman or degrading treatment or punishment; Article 13, on the right to
freedom of movement and the right to leave any country, including his own, and to return to his
country; Article 23, free choice of employment, to just and favorable conditions of work and to
protection against unemployment; the right to equal pay for equal work and the right to form
and to join trade unions for the protection of his interests and; Article 24, discusses the
right to rest and leisure, including reasonable limitation of working hours and periodic
holidays with pay, are of crucial importance.
There are a number of other United Nations Conventions that have been
used in Lebanese courts in defense of migrant workers who have been mistreated. The arguments
were put in cases against migrant workers who were imprisoned or detained because of irregular
or no work permits, or had absconded from their employers and was without proper identity
papers because they had been confiscated or not renewed by employers or agencies. These are:
- The International Covenant on Economic, Social and Cultural
Rights (Ratified by Lebanon on 3 November 1972);
- The International Covenant on Civil and Political Rights (Ratified by Lebanon on 3
November 1972);
- The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
(Ratified by Lebanon on 3 November 1972).
International Labour Organization
Conventions: Although the rights of Migrant Workers have been addressed in the major
International Human Rights Conventions, the International Labour Organization established
international instruments that specifically target the needs of migrant workers:
- The Migration for Employment Convention 1949 (no. 97)
accompanied by the Migration for Employment Recommendation (Revised) 1949 (no. 86);
- The Migrant Workers Convention 1975 (no. 143).
But these conventions have nor been
ratified by many states, Lebanon included. Indeed, "No country in the Middle East has ratified
any of the (major) ILO conventions" (Prices, 2000).
While there are many ILO conventions, which deal with acceptable and
unacceptable standards of work and remuneration, there are no Conventions, which specifically
deal with domestic workers. Domestic workers are defined as workers who are not members of the
family or household, but who are employed to "facilitate the running of domestic life and
personal needs" (ILO, 2000: 31). Further, it is acknowledged that the large majority of
domestic workers, throughout the world are migrant or immigrant women. The particular category
of female domestic workers with whom we are concerned in Lebanon are migrant women, that is,
temporary migrant workers. Most ILO protective measures cover permanent immigrants or those
"who have been regularly admitted to the territory of a member State" (ILO, 2000: 74). There
are no ILO Conventions that deal specifically with temporary migrant workers.
While it is suggested that migrant workers should enjoy all the
rights applied to national workers (with respect to remuneration, hours of work, overtime
arrangements, paid holidays etc.), there needs to be a recognition that migrant workers such
as those we address in this report are being employed largely because they are not receiving
the normal labour entitlements of Lebanese nationals; and because they are largely willing to
accept less rewarding conditions of work. The willingness is there because they are receiving
up to 4 or 5 (or more) times the income they would receive in their home countries.
Notwithstanding the exclusion of temporary migrants from ILO
Conventions, there are relevant articles that may be used. For example, in Convention (181) on
Private Employment Agencies, 1997, Article 4 (see also article 12) refers to the requirement
that workers recruited by private employment agencies "are not denied the right to freedom of
association and the right to bargain collectively." Migrant workers in Lebanon, as well as a
number of other categories of workers such as part-time employees, do not have the right to
form unions. There is also a widespread practice by recruitment agencies, both in Lebanon and
the sending countries, to charge the migrants a fee, often requiring the employee to forgo
initial wages for up to two, three or four months. This indebtedness, which amounts to a form
of bonded labour, is not in the interests of the migrants. Article 7 (1) of the ILO convention
states "Private employment agencies shall not charge directly or indirectly, in whole or in
part, any fees or costs to workers." Article 8 requires member states to: "provide adequate
protection for and prevent abuses of migrant workers recruited or placed in its territory by
private recruitment agencies. These shall include laws or regulations, which provide for
penalties, including prohibition of those private employment agencies which engage in
fraudulent practices and abuses". (Article 8, 1) (See also, ILO, 1998 chapter 5, for a
comprehensive discussion on private recruitment agencies and ILO guidelines).
Lebanon has ratified 14 ILO conventions on International Labour
Standards. Although many may not be applicable to the category of migrants that this report
is concerned with, the following conventions are relevant for the protection of migrant
workers:
- C105 Abolition of Forced Labour Convention, 1957
(Ratified by Lebanon in 1977);
- C111 Discrimination (Employment and Occupation) Convention, 1958 (Ratified by Lebanon in
1977).
Conclusions
The rights of domestic workers are not
laid down in any of the conventions since they are temporary contract workers and employed
within private households, hidden from the gaze of those parties interested in their welfare.
The United Nations Conventions that specifically deal with this target group have not been
ratified by Lebanon: the Declaration on the Human Rights of Individuals who are not Nationals
of the Country in which they live, and; the International Convention of the Protection of the
Rights of all Migrant Workers and Members of their Families.
Lebanon has signed a number of other influential conventions. There
are two reasons for hardly putting the conventions into practice:
- The lack of clear procedure for domestic application of
international conventions, especially in court;
- Lack of awareness among law enforcement bodies.
To be able to defend the rights of
domestic workers in Lebanon, these two dilemmas need to be tackled first.
V. Conclusions and
Recommendations
Abuses of foreign domestic workers are
not unique to Lebanon, but are astonishingly prevalent in identical forms in many countries
around the world. A number of suggestions have been made as possible remedies to restrict or
eliminate these abuses at the international and local levels in terms of legal, administrative,
economic, educational and cultural reforms in receiving countries. Three categories of main
violations could be short listed:
- Violence or the threat of violence from employers,
recruitment agencies, police and general security forces;
- Denial of freedom in terms of withholding of passports, restriction of movement outside
the residence of employment and limitations on outside communications;
- Exploitative working conditions including withholding of wages, long hours of work,
inadequate or no leisure time and insecure living quarters.
One of the major intention of this
paper has been to search for solutions and means of action to be taken by different actors and
in order to improve working conditions of migrant women yet also to assist official bodies in
simplifying the procedures pertaining to migrant workers in Lebanon. It is hoped that this
paper has provided a beginning for a constructive dialogue in search of solutions.
It should be pointed pout that the hereunder listed recommendation
might affect the demand of domestic workers in the Lebanese labour market.
V.1. Measures in the
Courts
Only few cases concerning illegal
practices in the employment of foreign domestic workers are brought to the courts. One of the
major problems that these women face is that if abused, physically or financially, they are
either not prepared to press charges or cannot afford the legal representation. There are free
legal aid provisions through for example the Lebanese Bar Association or Migrant Center, but
an abused employee is usually more eager to leave the country as soon as she can retrieve her
passport or have a laissez passer issued to travel. If she wishes to stay in Lebanon, she will
be more anxious to find another employer and not go through the legal process, cutting her
losses and hoping to earn enough money in a decent household so she can return home to her
country with something to show for her period away.
Recommendation
It is of main importance to defend more
cases of abuse in court to defend the rights of migrant workers. Therefore, as Wijers and
Lap-Chew suggest, more facilities have to be present such as competent translators during
legal proceedings, access to free legal assistance and legal representation during criminal or
other proceedings, access to legal possibilities of compensation and redress and provisions to
enable women to press criminal charges and/or to take civil action against their offenders,
such as temporary staying permit during criminal and/or civil proceedings and adequate
protection as witnesses. (1997: 209-10).
There are sufficient human rights lawyers and activists in Lebanon
interested and who have a track record in this area for such cases to be conducted. It is
recommended, for example, that Legal Aid in Lebanon, through the auspices of the Lebanese Bar
Association would be the most appropriate organization to coordinate such activities.
It is envisaged that such cases should tackle strategic issues such as the withholding of
passports, withholding of wages, physical abuse, and substandard employment conditions
(including hours of work, poor living conditions, etc.). Such cases will establish precedent,
but more importantly serve as a disincentive if there are sufficiently harsh/proper penalties
meted out. In addition, a high level of publicity will serve an educative function throughout
the population, particularly if the judges themselves can be convinced to make public
statements or warnings against the violations. If there are sufficient cases, the government
will also be more likely to support an education campaign to curb the abuse.
As noted previously, although labour law does not cover foreign
domestic workers in Lebanon, there are adequate provisions in criminal law and international
conventions ratified by Lebanon, which may be invoked to bring success in the courts. In short,
even current legal provisions ought simply to be actively administered and contracts backed up
by the law.
One of the first complaints which labor lawyers in Lebanon make when
discussion foreign domestic workers is that there are no provisions for them in labour law.
This needs to be remedied. Legislation, with the support of the trade union movement, needs to
be enacted for these workers to have more immediate legal remedies as employees, rather than
relying on criminal law procedures. The Lebanese NGO Forum, which is seriously concerned to
address issues on migrants, refugees and the displaced, might be a useful coordinating arm in
this matter.
V.2. Investment in Work
Permits
There are two forms of human rights
violations in Lebanon, which has become part of the normative practices in the employment of
foreign domestic workers. These are, first the withholding of passports and other identity
papers by the employer; and second, the restriction of movement. Justification for both types
of restrictions are based upon the following arguments:
* Practices such as the withholding of passports are seen as
justified because both the recruitment agencies and the sponsors/employers have an up-front
financial stake in the employment process. Therefore, the agency requires some assurances,
because within the first three months the agency is liable for her replacement. It is partly
for this reason that many agents now stipulate that restrictions like the withholding of
passports and the refusal to leave the house are required as conditions of the guarantee. From
the employer's perspective the withholding of the passport and restrictions are to safeguard
this "investment" at least until the contract period has expired, or sufficient labour has
been served to work off the money expended. Even the withholding of payment of wages is
practiced for the same reasons. In other words, there exists a type of debt bondage here in
addition to the kind of "contract slavery". There is a lot of support for this argument not
only from employers and agencies, but also from a priest and nun who assist women in need, and
from embassies.
The second argument is that all the types of physical restrictions
are required to insure against the employee 'getting into trouble' by meeting others whom may
use her to enter the house for theft, becoming pregnant or getting diseases. She also might
meet others who will tell her to leave because she can make more money in other ways (implying
prostitution, or freelance domestic work). If taken seriously, these justifications concern
personal protection and fears of added complications, which the employer simply does not want
to have to deal with. The last matter concerns the labour market and the employer does not
want competition or poaching of the employee who may be attracted by other arrangements.
Recommendation
It may be suggested that if migrants were
to receive loans which covered all, or a substantial part of the costs incurred between
leaving the sending country and commencing work in the Lebanese household, much of the
rationale for the withholding of passports and restriction of movement (and possibly
withholding of wages) would be circumvented. While the size of the loans may be large by the
standards of the sending countries such as Sri Lanka, Philippines, Sudan, Ethiopia, Nigeria,
etc., the monthly salaries of domestic workers would naturally increase if the initial costs
were reduced or eliminated altogether.
It would be possible for the loan to be repaid in a relatively short
time to an official bank that provides micro finance loans in the home country, after which
all earnings would be retained and the employee would be free to withdraw her labour at will.
V.3. Agencies
As some embassies have pointed out to
agencies, it is their responsibility to care for the migrant whom they facilitated into the
country. It is their responsibility to place them into decent employment relations and to in
fact monitor their conditions and progress. Many agencies argue that it is not possible for
them to follow up on all the individuals they have placed. However, they could do this on a
regular basis, staggered a monthly or quarterly basis.
There are contracts in Lebanon that are signed between agencies and
sponsors which make specific reference to the employer's responsibilities to household workers.
However, the primary aim of the document is to itemize risk factors in order to safeguard the
legal and business interests of the agency. There is no sense in which such contracts show any
real humanitarian concern for the welfare of the maid and proper moral standards of employment
relations.
Recommendation
Only one agency in Lebanon maintains a
contract which specifies that "the employer must pledge to protect the domestic worker as he
would protect himself and give her medical care, shelter, food, and regular monthly wages to
be paid directly." This is to be encouraged. The contract should also reserves the right of the
agency to inquire whether the employer is paying the salary or is not treating her well.
Details should be laid down regarding the employer's obligations in relation to the domestic
worker's return ticket home, work and residency permits, notification to the authorities if she
runs away, arrangements in case of the maid's death and so on.
Recruitment agencies should be regulated in amore stringent manner.
This would include strict professional training and accreditation in the legal and ethical
recruitment to avoid the kind of practices shown above. This should be done in close
consultation with the embassies of the sending countries.
V.4. Contracts
Many examples of problems concerning
contracts have been mentioned: non-existence of a standardized contract, absence of contract
signing, unawareness of the content since it was not explained or because the language was not
comprehended etc.
Recommendation
Contracts should be standardized across
different nationalities through a coordinated approach. This may be done under the aegis of
the ILO through its local offices. The contract should cover issues such as appropriate
standards of remuneration, working conditions (of live-in workers particularly), treatment and
other aspects covered in this report concerning freedom of movement and ensuring that passports
remain in the possession of the employee. Contracts drawn up in Arabic (following standards as
above) should not be signed by an employee or other designated official, has duly advised the
employee of the conditions set out. A signed statement by the employee and the translator to
the effect that the employee has understood in her own language the conditions of the contract
should accompany the signing of the contract.
There are clauses within Lebanon's Codes and Obligations of Contracts
(COC) which may be useful. For example, Article 233 of the COC provides for the annulment of a
contract if it can be proven that it did not reflect the true will of either party, such as
cases where a person has signed a contract in a language that she cannot read. Generally,
however, these codes cannot be relied upon for legal remedies against the kinds of abuses and
exploitation that occur.
V.5. Bureau of Migrant
Affairs
Young has suggested that the lack of a
forum for policy-making and information-gathering on migrant workers in Lebanon has meant that
issues arising tend to be dealt with in an unsystematic fashion, primarily by "diverse
ministries and bodies - most notably the labor ministry and the General Security, which is
part of the interior ministry" (Young, 2000: 83).
Recommendation
It is suggested that the Ministry of
Labor establish some form of bureau for migrant affairs to establish and coordinate policies
on migrant workers, liaising with embassies, NGOs as well as agencies and individual employers.
The Bureau should be housed as an external consultancy with the government in a "contracting-
out" type of arrangement. Such an arrangement, it may be argued, would be more likely to have
an "arm's length" approach from government seeking to protect the migrant's interests in terms
of working conditions and welfare in terms of human rights, rather than the current focus on
administrative and legal perspectives of the government's enforcement agencies.
V.6. Corporate Best
Practice Policies
"Although in most cases there are no
apparent forms of serious abuse in Lebanon, restrictions of movement, withholding of passports
and belittling have become "naturalized" among Lebanese employers". Therefore, the following
recommendation is made as a form of awareness raising or behavioral change policy.
Recommendation
All social, governmental and private
institutions in Lebanon should implement 'best practice' measures and inform their employees
of the moral and legal obligations regarding the employment and treatment of foreign domestic
employees. A good case example is the American University of Beirut (AUB). In August 1999, a
severe case of abuse of a Sri Lankan domestic worker by an employee of the university was
widely reported in the press (see Haddad, 1999). By February 2000, the AUB enacted its own
"Rules and Procedures with Respect to Household Help". The rules require a staff member to
register the household worker with the university with copies of all relevant papers. In
addition they require that household employees retain possession of all their identity papers;
staff must ensure that their employees are paid on time (at least monthly); to treat them with
dignity and with respect for their rights "as an equal"; and with the threat that any
deliberate injury, assault, ill treatment, irresponsible neglect, threats, sexual or physical
abuse, or any harassment shall, in addition to disciplinary measures, give rise to legal
proceedings by the AUB on behalf of the Household Employee against the responsible Employer or
household member.
Disciplinary measures include "verbal reprimand, written warning,
termination of housing assignment and termination of employment."
The profession of domestic worker needs to be properly valued to be
able to change the attitude and approach of many employers. This process might take a long
time since it targets behavioral changes.
Appendix
* Case Studies
All interviews were conducted in October and November 2000.
Case 1: Freda
Freda came through an agent in the Philippines, whose daughter is in
Lebanon as a recruiting agent. She attended a 4-day pre-departure seminar in Manila, which
taught migrants "how to respect people in Lebanon, but also answering the telephone, cooking,
and serving food". They were also warned that if problems occurred they should call the agency
in Lebanon instead of running away from their employer.
After one month with her first employer she asked to be returned to
the agency because the workload was too much. Upon return to the agency, the agent was angry
but arranged another employer for her.
The second employer was an eye specialist (36), and his wife (27) and
a baby. No new contract was arranged for the new employer. When she arrived in the new
apartment, 'madam' was pregnant. She went to the United States to give birth. Freda went with
the husband to his parents' house for the 5 months madam was away. There she was treated very
well. On the wife's return from the US, Freda was charged with caring for the baby. Because of
her heavy workload and the caring of the baby she worked from 5 am until 2 am. If Freda did
not get up at 5 am the madam would shout at her.
Freda was not given enough food. She was rationed to one egg, three
spoons of rice and a little salad only once per day, at lunchtime. The refrigerator had an
alarm attached, which sounded throughout the house as soon as the door was opened. Madam would
personally take out the food for her. Freda slept in the laundry on a mattress on the floor,
along with the washing machine and clothes dryer. There was a small toilet with a shower,
attached to the laundry, which Freda used exclusively. After several months, Freda had become
very thin and she lacked energy because of the long hours of work. One day another Filipino
(Rose) visited the house with her madam. Freda explained what she was suffering and the other
domestic worker told her: "You are living like a dog. Why don't you run away?". Eventually,
she asked to go back to the agency. According to Freda, the madam answered: "No. I bought you
at the agency. So you stay here in my house." In 9 months, Freda had not been paid. The only
money she possessed was US$5, which was changed by the agent when she first arrived in Lebanon.
Mister had promised to send 3 months pay to her husband in the Philippines. But she heard no
more about it.
As the apartment was on the ground floor, the windows, also, were
locked with keys. The telephone would be unplugged. One morning, mister went to work at the
hospital after asking Freda to place the baby in with his mother, so she could work in the
house. She did so, quietly, as madam was still sleep. She went to see if a window could be
opened while vacuum, and found one unlocked. She thought: "… if I stay, I will die".
[To this point, after almost a year in Lebanon, she still had not
seen her sister, who was working in Lebanon as well, although she had spoken to her once,
briefly on the telephone, when madam was out and mister had allowed her to receive the call.
She had been able to send one letter to her family in the Philippines in which she gave her
address. Typically, she did not explain her circumstances. She later discovered that her
family had sent letters every month to her. She received only one.]
Freda grabbed a small bag, the $5 and a rubbish bag. She climbed out
of the window onto a patio with a high fence around it. She tried to climb up, but it was too
high and difficult. A woman from the 6th floor saw her and asked her what she was doing. Then
the worker of the woman on the 6th floor lowered a cylinder which she used to escape. She
reached the main road and stood there, crying. An old man approached her. Freda explained that
she wanted to go to Bikfaya (which was where Rose, the other Filipino domestic worker lived).
He took her there. After one week, Rose found her some domestic work as a freelancer, while
she slept at Rose's house. She worked there for two and a half months being paid $250 per
month, for 6 days from 9am-6pm with Sundays off.
Eventually, Rose's madam saw Freda and recognized her. A few days
later, the police came to Rose's house with the eye-doctor. The police took her to Bikfaya
prison. The doctor came to the prison and said, "I want the money back which I paid to the
agency." Freda replied, "Ask the agency, not me." The doctor then said, "If you give me my
money back, you can get out of the prison." Freda telephoned her sister and her (current)
madam, Mary. The next evening, Mary and the doctor went to the prison and a document was
signed promising the doctor $2,500 for her release papers. This was in August 1997.
Three weeks later, Freda moved to her new employer. Freda has been
treated kindly since then. Freda says if her current employers leave Lebanon, she would too
(her current employers are a foreign couple with a 12-year-old son and employ another Filipino
household along with Freda).
Case 2: Mali
This case was publicized in the local newspaper. She was interviewed
at the Sri Lankan embassy premises in Jamhour. Mali's experience in Lebanon has been
exceptionally traumatic. She experienced almost every kind of violation - withholding of
payments, limitation of movement, sexual harassment and severe physical abuse. During the
interview, Mali clearly had not recovered from her trauma and she expressed the desire to
return home as quickly as possible. In fact she was leaving the next day.
At 18, Mali stopped her schooling and went to work in the garment
business (sewing) for $50 per month. Accompanied by a friend, she came to Lebanon "To feed
mother and father. They did not want me to leave". The agency in Sri Lanka advised her to go
to Lebanon. To raise the $70 for the Sri Lankan agency Mali put her gold in the bank and
received money. She attended a 2-week class in Sri Lanka for women wishing to migrate. She was
taught how to use electrical appliances, cook…etc.
Mali worked for 1 year and 8 months in Lebanon for a monthly salary
of $100. Throughout her stay, she was only paid a total of $500 instead of $1800. For the
first 14 months she worked in Beirut but only received a total of $300. Then she was sent to
Syria and was paid $200 for 7 months. She sent $300 to her mother's bank account in Sri Lanka
and $200 to hers.
On arrival she was then sent to Faraya to work for a Christian family:
Mr.T (40), his sick wife and their 12 year-old daughter, where she worked for 7 months. Mr. T
worked at a bank. As for food, it was not enough and she did not like it. She did not have
access to the food, it was given to her. She worked 12 hours a day, from 7am to 7pm. As the
Madam was ill, she was in charge of "everything" - cleaning, cooking, looking after the
daughter.
[At different times during the interview, Mali indicated she was in
severe pain. However when asked if she wanted to stop, she insisted on continuing.]
Mr. T continuously harassed her sexually. "He is no good". When she
refused his advances, he beat her and stopped feeding her. "I told him to stop. I am a girl.
You are like my father. He would not. I told him I wanted to call the agency. He would not
give me his mobile phone. Then I called from his mother's place in Beirut. I did not want to
work anymore. I told Madam what was happening. Madam is sick. She is very nice."
Mali was eventually sent back to the agency with only $300 for 7
month's work. The agency owner beat her. He slapped her and beat her bare feet with a metal
rod. She described him as a "30 year old, rich, handsome, small Muslim man. He has a beautiful
wife and 2 young children." After two days staying at the agency's office, Mali was placed with
a nice family and was happy, but it did not last. The agency owner demanded more money from her
employer, so she was returned.
She was then told that she was going to be taken to work in Syria.
When she protested, she was beaten again and forced to go. After 6 months working for a family
in Syria, Mali had not been paid. She finally decided to ask for her money and refused to work.
She was beaten. She fled her employer's house and found her way to the police. There she found
that she was not paid because the agent was collecting the money that belonged to her. The
police then called the Beirut agency and the owner had to pick her up at the border. The owner
was so fiercely angry this time that he took her back to the agency office and wounded her
severely. He beat her with a metal rod. He walked on her body repeatedly, grabbing and pulling
her long hair. "… I couldn't breathe". To Mali's despair, he then grabbed a pair of scissors
and cut her hair off. He then tied her up for 6 days. The women at the agency tried to feed
her, but she could not swallow. On the 7th day, her hands were untied and she managed to run
away. She knotted 2 saris together and escaped from the window of the office that was on the
third floor.
She took a taxi to the Sri Lankan embassy where officials hospitalized
her immediately. The Sri Lankan ambassador made a personal protest to the Minister of Labor who
forthwith suspended the agency for 3 months. The owner of the agency defended himself by
claiming that the beatings took place in Syria, that her employers had left her at the border
where he had picked her up and she escaped from him after that. With the intervention of the
Ambassador and the officials from the Ministry of Labor, the agency was required to pay her
$1500 (which were merely the wages due to her) and her airline ticket back home. A further
$5000 compensation claim was lodged but, at the time of the interview, it had not been
received.
Mali was abused every time she protested and asked for her rights.
"There are very nice people in Lebanon and very bad people. The employer wanted money and
because I did not have any money he hit me for one hour and half and cut my hair. I cannot
eat. My stomach hurts. When I walk, my leg hurts. Do not be sad. Thank you very much."
Post Script
The agency is back in business. To counter-effect their bad
reputation, the owner is charging $100 less than other agencies. It is unclear whether there
has been an appropriate change in attitude and behavior. In answer to a potential employer who
was inquiring about what would happen if he was to have problems with his domestic worker, the
agent responded: "Just bring her back. We know how to discipline here, don't worry."
Recently, the same agent brought 2 Sri Lankan women to Syria to work
there for a period of 2 years. By the end of their contract, they both saved an amount of
3,000 dollar to take home with them. Yet, the day before their departure, when the agent
picked them up to bring them to a place to stay for the night before taking the plane back
home, he pointed a gun to their heads and forced them too hand him over the 3,000 dollars,
tickets and other valuables.
Currently, the case is in process. The lawyer of the agent proposed
to come to an agreement providing the girls with the tickets and 500 dollars each. The Sri
Lankan ambassador refused the proposal (October 2001).
Case 3: Pia
Pia left school and enrolled in the Singer School to learn the sewing
business, but never found work there. She came to Lebanon and paid $700 for all necessary
documents. Her employer arranged the paperwork and sent her an airline ticket.
Pia is relatively well off: she works from 7 am until 8 pm and has a
break in the afternoon. She cooks for herself Ethiopian food or eats the Lebanese food she
likes. Medication is provided to her if needed. She is taken to visit her sister every 3 or 4
months. Pia sleeps on a fold-up bed in a room 2 beds are available. Although she has a break
every day, she is not allowed outside unless to go to the shop. When left alone, she is locked
inside the house. Every Sunday, she is given one hour to go to church. She is taken to Madam's
brother house, which she cleans for no extra wages. Her experience in Lebanon is positive.
"However", she says, "too many Ethiopian die here".
Case 4: Tess
Tess had to pay $800 to a Philippines agency, which she paid off in 4
months from the salary earned in Lebanon.
Another Filipino was working with her in her employer's house that
made things easier for her. They finished work at 3pm, and then had time until 7pm for serving
dinner and after cleaning up, had the evening off (rarely before 10). Regarding food, Tess says
that the quantity was not enough, even though there was plenty of food in the house. In the
morning, Madam only allowed them coffee. For lunch, they had to wait for the employers to
finish eating. For dinner, they only ate sandwiches. Tess weighed 62kg when she arrived to
Lebanon. By the end of her contract, she was 47kg.
Over her 3 years employment with this family, she earned $7200. She
invested $4000 to build the house (her husband, her son and mother in law moved there last
year), $800 went to the agency in Manila and the rest $2400 was sent to her husband and mother
which, was spent on family expenses. As she is now separated from her husband and her mother
is dead, she sends her cousin $100 on average every 4 months to take care of her son's needs.
Upon completion of her first three-year contract, Tess was happy to go
back home to Manila and she did not want to return. But because of the marital problems back
home, she decided to come back to Lebanon under her former employer's name. She worked in a
house where she was paid $400/month but could not be transferred in her new employer's name
since release was forbidden. Until she was approached by Sister Amelia who told her about her
current, non-Lebanese, employers. At that time, the Lebanese government was allowing release
papers to be processed during an amnesty period (September- December 2000). Tess noted a
difference between Westerners and Lebanese. "The foreigners are less strict, I have my freedom.
I leave Saturday night and come back Sunday evening." She is paid $300/month, which she saves
for herself.
Case 5: Tondi
Tondi left school to work in Lebanon, because her father could not
pay for her schooling any longer. She arrived in Lebanon in December 1997 and she was going to
return to Ghana by the end of that month (Dec 2000). She does not want to renew her contract.
Tondi wakes up around 6am for the children and goes to bed at 10 or
11pm. She rests between 2 and 7pm. On her way to the shop, she speaks with other domestic
workers. Every Saturday she goes with the family to the house of Madam's mother to eat. There
she washes the dishes. Tondi eats the family's leftovers, but the quantity is sufficient. When
her employers are not at home, she does cook Ghanaian food for herself.
All Tondi's wages have been paid, and remitted in the form of a
check in her father's name, sent by post. She decided to keep the last $500 of her wages for
herself.
Case 6: Melika
Melika left her children with her husband in Sri Lanka a year and a
half ago and migrated to Lebanon. Her husband is 32 and unemployed. Her husband could not come
to Lebanon "because the agency charge a lot for men". She says she is happily married. She left
school at 10 and married at 17. She never had paid employment in Sri Lanka and decided to leave
the country to work, as there was no other way for her to survive. Melika paid the agency $135,
which she borrowed from a friend.
On arrival at the Beirut airport, she was taken to the agency where
she stayed and was placed in one household for two months, in another for another 2 months and
so on for 16 months. For the whole period, the agency paid her only $450. She claimed that the
employers were paying the agency directly and that the agency kept the money.
The last family she worked for treated her decently and they recently
paid her almost enough for her ticket back home. It was a Muslim family with 2 children ("big").
She says the workload was fine. She woke up at 5:30am and slept at 11pm. She shared the
children's room. She had no days off. Could not go out or use the phone. She was locked in
when alone in the house and she had no key. She was only sent out at times to buy goods from
the nearby shop. Visitors were not allowed, nor could she go on visits. Balcony talk was also
forbidden. She spent her leisure time ironing or watching TV and never went with the family on
outings. Food was satisfactory even though she could not cook Sri Lankan dishes. Melika had no
contact with her family in Sri Lanka. She was not allowed calls nor did they call her since she
was always changing addresses. And she did not send letters because she did not know how to
write.
The man at the agency was physically abusive to her. She was slapped
and pushed around. Two weeks prior to our interview, Melika ran away from the agency and took
refuge at the embassy. The ambassador intervened and convinced the agent to bring her clothes
and passport that day. She left for Sri Lanka the following day.
For Melika, the Lebanese experience was a failure. She still had to
pay the original debt incurred to get to Lebanon. After almost a year and a half she felt she
had gained nothing. The little money she received only secured her way back home. She left her
husband and 3 children to provide them with a better life, but she failed, and for her the
promise of a better life stops there.
Case 7: Maria
Maria says she came to Lebanon for the money. "I have a job in the
Philippines but the salary is not enough for me. I worked in a factory. I got $75 per month".
The Philippines agency charged her $500, which was taken from her salary in Lebanon. The
Lebanese agent met her at the airport and she stayed at the agency for 2 days before her
placement, but they treated her well. She has a 3-year contract, after which she intends to
return to the Philippines to continues her studies. With three children, her parents need the
money. For her leisure time, she says she takes a shower, watches TV with the baby. "I think
that Lebanese are racists".
Case 8: Perke
Perke came to Lebanon to make money and build a house for herself in
Sri Lanka. Her husband left during the six years she stayed in Lebanon. "Maybe I stayed here
too long".
Perke was sponsored directly from Lebanon and did not use the services
of an agency in Sri Lanka. The first year, she lived with a Christian family in the mountains.
She did have a private room and bathroom. Everyone, according to Perke was nice, except Madam:
she was constantly criticized and belittled for her work. She was overworked - from 5:30am to
1am. She was completely isolated. She was not allowed to cook Sri Lankan dishes and she had to
wait for Madam's generosity to feed her, which was never enough. Her hands hurt because she
was not given gloves and the cleaning products damaged her skin, but she was not allowed to
seek medical help.
After a year, she escaped from the house. In the street, she met
another Sri Lankan freelance domestic worker who took Perke to her rented room, and eventually
found new employers for her. She worked for this family, illegally, for two and a half years.
However, as they were not a wealthy family she only received $1500 for the whole period, so
she decided to leave them. She did not express any anger towards them as "they were very nice"
and treated her well.
Currently, Perke works as a freelancer, cleaning at a hospital from
6am to 4pm every day, earning $225 per month. She also works every evening for a couple of
hours, which increases her salary to $300. She rents a room with a friend. She now calls her
mother once a month. Her family writes, as the telephone is too expensive for them.
Perke has no passport, any residency or work permits. Through a Sri
Lankan friend, she did give her passport, and $800, to someone who said he would have her
papers renewed with a willing 'sponsor', but he turned out to be a thief. It is not clear at
this stage how she will be able to leave the country without a lot of trouble in obtaining
another passport or a laissez-passe from the embassy. She says she wants to stay one or two
more years.
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* The
responsibility for opinions expressed in this study rests solely on the authors and publication
does not constitute an endorsement by the International Labour Office of opinions expressed in
them.
1 Discussion of working conditions in this
section will draw on material from the eight case studies provided in the appendix. In addition,
reference is made to amore extensive study of Sri Lankans.
2 20 were mental patients, 36 were
physically ill, 2 were prisoners and 1 was a young pregnant woman.
3 Data gathered from the MOLSA in Ethiopia,
Public Employment Service Section.
4 Ethiopian Female Migrant Workers under
Exploitative Working Conditions in the Gulf States, p.22.
5 Ethiopian Female Migrant Workers under
Exploitative Working Conditions in the Gulf States, p.24.
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