Discussing the difficulties in organising domestic workers and securing their rights, owing to the non-recognition of domestic workers as `workers` in national law and thereby being prohibited from joining trade unions by law or as part of their contract, William Gois details the work of Migrant Forum in Asia (MFA) in establishing a legal and regulatory framework adequate to the demands of domestic workers for their rights as workers.

The Migrant Forum in Asia (MFA) is a regional network of migrant organisations, NGOs, trade unions, faith-based organisations, grass-roots organisations and individuals working to protect and promote the rights of migrant workers. Among the mandates of the network, as stated in its Terms of Reference is the recognition of the issues of women migrant workers in the discourse of the feminisation of migration. Migrant domestic workers (MDWs) comprise a significant population of women migrant workers.

Organising MDWs

Since its inception, the MFA network has strongly supported the call for legal protection of domestic workers and their recognition as workers. Among the network`s programmes is the organising of MDWs for self representation and collective action. Through the latter, the MDWs gain recognition, allowing them to voice their issues as a collective body. This leads to an increase in their bargaining power as is the right of workers recognised in the International Labour Organisation (ILO) standards, under ILO Conventions Number 87 (Freedom of Association and Protection of Migrant Workers) and 98 (Right to Organise and Collective Bargaining).

Since domestic workers are not recognised under the labour laws or as `workers` in most countries in Asia, the task of organising them was a big challenge for the network. The obstacles include non recognition under labour law, not being allowed to join or form associations and unions, provision in the domestic contract specifically prohibiting them from joining trade unions and the lack of a day off. In Singapore and Malaysia, domestic workers are not allowed to form and join trade unions. MFA members have been lobbying with trade unions for several years now to include domestic workers as part of their agenda.

In some countries, however, MFA members were able to make considerable progress. In Hong Kong, after several years of advocacy for their rights, MDWs have been allowed to form and join trade unions. MFA members in Hong Kong include MDWs unions, which are affiliated with the Hong Kong Confederation of Trade Unions. (HKCTU).

Need for an International Framework for Protection of Rights

The issue of domestic workers in Asia is hardly new. Asia is home to about 60 million migrant workers (UN estimates), of which a vast majority are women. The general situation of MDWs in Asian countries is that a large number of them live and work in slave-like conditions. Whereas MDWs generally suffer the same abuse as local domestic workers, they also face other kinds of exploitation owing to their status as migrants. They experience wage discrimination, contract substitution, abandonment, forced confinement, lack of job mobility, confiscation of identity documents, restriction on the freedom of movement, and physical abuse and humiliation. In most countries, MDWs are not covered by labour laws and are, thus, not awarded the right of regular workers.

Domestic workers form a significant part of the working population in many countries in Asia and their vulnerability to discrimination, dangerous and abusive working conditions, their rights as workers need to be addressed.

MFA believes that the special conditions of domestic workers require legislative frameworks that protect their rights, which must be based on the dignity of work and the rights to life and safety. An international instrument such as the envisioned ILO Convention on Domestic Work will go a long way in setting standards that can be translated into national legal frameworks.

Engaging the ILO Process: Convention on Domestic Workers

MFA`s engagement with the ILO dates back to 2004 when the International Labour Conference (ILC) took up migration during its 92nd session. As part of its programme in engaging in international advocacy, MFA sent a delegation to the ILC with the objective of monitoring and ensuring that labour and human rights standards of migrant workers are not compromised during the ILC discussions. One of the objectives was to strengthen MFA`s collaboration with trade unions and workers groups. The recommendations of the 92nd session of the ILC led to the creation of the ILO Multi-Lateral Framework on Migration.

Since 2004, MFA has continued its engagement with the ILO through collaborative programmes and capacity building exercises. In 2005, ILO supported a number of MFA`s capacity building programmes on Migrant Savings for Alternative Investment under the programme `Mobilising Action for the Protection of Domestic Workers from Forced Labour and Trafficking`. MFA implemented training and capacity building programmes among MDWs and their families in the Philippines, Singapore and Indonesia. On 1 May 2008, the ILO- supported MFA and the Asian Domestic Workers Alliance in launching a campaign `Domestic Work is Work` in Jakarta, Indonesia.

Given the significant developments at the ILO and the 2010 ILC, the MFA network has decided that a campaign for the `Adoption of an ILO Convention in 2011` will be one of its major advocacy efforts. MFA believes that the special conditions of domestic workers require a legislative framework that addresses their needs if their rights are to be protected.

In preparation for the ILC in 2010 and 2011, MFA organised online and face-to-face consultations among its members, partners, trade unions and other significant stakeholders to discuss and deliberate on policy positions and come up with regional responses to the ILO Convention. Engagement with relevant international platforms was also utilised to raise the issue at the international level.

Future Directions

The struggle for the protection of the rights of MDWs will not end with an ILO Convention on Domestic Workers. Post ILC 2010, more work needs to be done in terms of calling on governments to support policies at the national level that will provide protection for the rights of MDWs. The MFA network has been working on this with its members at the national level.