Towards Achieving Decent Work for Domestic Workers in ASEAN Towards Achieving Decent Work for Domestic Workers in ASEAN Excerpts from the 10th AFML thematic background paper TRIANGLE in ASEAN

1. Theme and subthemes of the 10th ASEAN Forum on Migrant Labour (AFML)

Theme and subthemes of the 10th ASEAN Forum on Migrant Labour (AFML) Theme: “Towards Achieving Decent Work for Domestic Workers in ASEAN” Sub-themes: International and national standards for the protection of migrant domestic workers; and Implementation of policies and support services. The 10th AFML will adopt Recommendations on policy and practical action to protect domestic workers’ rights!

Migrant Domestic Work is Not a New Issue for AFML Five AFML Recommendations are already about Decent Work in Migrant Domestic Work: Ratification of ILO Domestic Work Convention, 2011 (No. 189) and alignment of national legislation Standard employment contracts and grievance mechanisms extend to MDWs Labour inspection reaches hard-to-reach sectors including domestic work Government cooperation with employers’ organizations, trade unions, civil society organizations and other relevant entities in hard-to-reach sectors including domestic work MDWs fully access social protection benefits Rec 5, 5th AFML Rec 2, 7th AFML Rec 5, 7th AFML (+ Rec 8, 8th AFML) Rec 8, 8th AFML Rec 6, 9th AFML

2. Migrant domestic workers in ASEAN

Migrant Domestic Workers in ASEAN There are about 9 million domestic workers in South-East Asia and the Pacific, 83 percent women. 2.24 million of these are migrant domestic workers. That is nearly 20% of all migrant workers in the region. Major regions of destination: ASEAN, the Gulf, East Asia. Documented MDWs in main ASEAN destinations* Sources: Regional: ILO. 2015. ILO global estimates on migrant workers: Results and methodology: Special focus on migrant domestic workers (Geneva); Brunei Darussalam as of 2010 estimate: United States Department of State. 2010. Trafficking in persons report (Washington, D.C.); Malaysia as of Oct 2015:Immigration Department of Malaysia; Singapore as of end 2016: MOM. 2017. “Foreign workforce numbers: Dec 2012-Dec 2016”; Thailand as of 2011: ILO. 2013. “Thailand: New ministerial regulation offers better protection of domestic workers’ rights”. Sending Country Information if needed/to tailor for National Preparatory Meetings: Cambodia has had a ban on migration for domestic work to Malaysia, and only officially sends several hundred domestic workers to other countries with recent pilots to Singapore and Hong Kong. Indonesian migrant domestic workers make up a third of Indonesians working abroad, totalling 2 million (Yi, B.L. 2017. “In U-turn, Indonesia says will continue to send maids abroad” Reuters, 20 March). Myanmar has a ban on migrant for domestic work, however, the government estimates there are about 40,000 Myanmar domestic workers in Singapore and 28,000 in Thailand (Zaw, H.N. 2016. “Government seeks work permits for undocumented domestic workers abroad”, in The Irrawaddy, 4 Aug). In May 2015, 55,961 Philippines domestic workers were recorded as being abroad. (POEA cited in Gonzalez, Y. 2015. “Deployment of Filipino domestic workers down by 20%, says POEA”, Global Nation Inquirer, 16 June.) Data for Viet Nam suggests that in 2011 about 7000 women had migrated for domestic work to Taiwan (China), Macao (China) and elsewhere. By 2015, Saudi Arabia also hosted 5,000 Vietnamese domestic workers. Others go to Thailand and China. (ILO. 2015. “The Growing Trend of Vietnamese Domestic Workers”). Note that the official figures above do not count undocumented migrants. *Not inclusive of undocumented migration (except Brunei estimate)

Increasing demand for domestic workers in ASEAN Demand for domestic workers is rising due to an aging workforce, lower fertility, increase of women in work, and decline of multi-generational households. Care (which includes domestic work) is labour intensive. Face-to-face contact and “emotional work” cannot be replaced with technology. Singapore: 1 in 5 households hires a domestic worker. Of people over 75 years old, 50% are dependent on migrant care workers, including domestic workers, for daily care. Not all people in need of care can afford it. In developing ASEAN’s care economy, domestic workers along with robust State-sponsored care are needed.  

Lacking protection leads to migrant domestic workers’ vulnerability to abuse Absence of labour and social protection, despite pronounced vulnerabilities and discrimination. Work in isolation High dependence on recruiters Visas tied to employers Little freedom to leave an exploitative workplace Icon source: ILO. 2017. Access to justice for migrant workers in South-East Asia

Lacking protection leads to migrant domestic workers’ vulnerability to abuse (cont.) Domestic work is undervalued in origin and destination countries Pronounced imbalance in employment relationship between domestic workers and employers Lack of Information: Domestic workers and employers not familiar with applicable laws Lack of collective organization and representation Need for improved labour and social protection for domestic workers! Icon source: ILO. 2017. Access to justice for migrant workers in South-East Asia

3. International standards for the protection of domestic workers

Rights under ILO’s Domestic Workers Convention, 2011 (C189) Equal treatment with workers generally in relation to normal hours of work; Minimum wage; Overtime compensation; and Limits on payment in kind; Periods of daily rest and at least 24 hours weekly rest; Paid annual leave; Clear information on the terms and conditions of employment; Respect for the fundamental principles and rights at work, including freedom of association and the right to collective bargaining; Social protection, including maternity protection, on par with workers generally. Migrant domestic workers should be entitled to: All rights available to other migrant workers! All rights available to other domestic workers! https://www.youtube.com/watch?v=N5QziEiDOLY

4. Note on migration bans Findings from ILO study on migration bans in 4 ASEAN countries (2017): Migration bans can make migrant domestic workers more vulnerable to abuse. Women migrate anyway – irregularly, at greater cost, without a “legal trail” for accountability. Unregulated recruiters, deception in recruitment, contract substitution, and forced contract extensions increase. MDWs under restrictions do not have access to pre- departure training, complaints mechanisms, or assistance. Source: ILO. 2017. Protected or put in harm’s way? Bans and restrictions on women’s labour migration in ASEAN countries Source: ILO. 2017. Protected or put in harm’s way? Bans and restrictions on women’s labour migration in ASEAN countries Icon source: ILO. 2017. Access to justice for migrant workers in South-East Asia

5. Recommendations

Considerations for the 10th AFML Recognize that domestic work is work. Ratify the Domestic Workers Convention, 2011 (No. 189) Improve bilateral memoranda of understanding (MOUs) and establish social security agreements (SSAs). Progressively extend national labour law coverage and social protection. Establish effective and accessible complaints mechanisms.

Considerations for the 10th AFML 6. Reduce domestic workers’ dependency on their employers. 7. Promote and enforce fair recruitment and employment practices. 8. Provide pre-employment orientation for domestic workers and their employers. 9. Develop competencies and qualifications of domestic workers. 10. Consider domestic work in the context of broader care economy.

THANK YOU TRIANGLE in ASEAN ILO Regional Office for Asia and the Pacific +662 288 1234  +622 288 3062 BANGKOK@ilo.org  www.ilo.org/asia ILO.ORG ILOTV iloasiapacific @ILOAsiaPacific