A/HRC/39/52
the adoption and implementation of strong legislation on the regularization of recruitment
agencies, would be needed.
63.
The registration of recruitment agencies is another important step in preventing
abuse through increased legal accountability. 82 Ethiopian legislation, for example, clearly
defines and regulates the role of the private sector in overseas employment exchange
services, in order to avoid precarious recruitment processes. 83 The withholding of travel
documents by the agency and charging a fee on the worker are equally prohibited in
Ethiopia.84 With the objective of making recruitment processes more transparent and fairer,
the Gulf Cooperation Council has agreed to establish standard regulations on transfer of
employment, contracts and a minimum wage for domestic workers in 2018. 85
64.
In order to address concerns related to private employment agencies, informal labour
intermediaries and other actors operating outside the legal and regulatory framework, ILO
launched a global “Fair Recruitment Initiative” in 2015 which aims to prevent human
trafficking; protect the rights of workers, including migrant workers, from abuse and
fraudulent practices during the recruitment and placement process; reduce the cost of labour
migration; and enhance development gains. The multi-stakeholder initiative is implemented
in cooperation with Governments, employers’ and workers’ organizations, the private
sector and other key partners.86
VII. Positive measures to protect against domestic servitude
65.
At the regional and national level, numerous initiatives in law and in practice have
led to improved conditions for migrant domestic workers. Steps have also been taken to
reduce the risk of servitude specifically. For example, in cooperation with international
organizations, OSCE and Belgian trade unions have promoted improved working
conditions for workers in diplomatic households. That has led to significant changes: for
example several European countries now interview workers upon arrival. 87 Some countries
work with civil society organizations and use the annual work permit renewal as an
opportunity to provide domestic workers with information and to identify cases of
exploitation and human trafficking. In Germany, domestic workers present themselves
personally once a year at the Federal Foreign Office for an interview upon renewal of the
work permit, at which proof of the proper payment of wages by the employer needs to be
provided through bank statements. In Austria, a yearly information seminar takes place, to
which all domestic workers registered as working for diplomats receive a non-binding
invitation. Similarly, the United States has taken measures to protect domestic workers in
diplomatic households by introducing mandatory contracts in which the wage rate, regular
rest times and a prohibition on making deductions for room and board, travel, medical care
or meals are stipulated.88
66.
In Colombia, domestic workers are protected by labour law and are required to have
a contract that regulates their working conditions. Nevertheless, employers continue to have
limited knowledge of the standards and legislation applicable to domestic workers and the
oversight mechanisms required to monitor the effectiveness of mandatory contracts are
lacking. In countries such as the United Kingdom and the Dominican Republic, training on
identifying victims of contemporary forms of slavery is conducted for relevant government
officials. The United Kingdom identifies and supports potential victims of contemporary
forms of slavery, including human trafficking, through the National Referral Mechanism. 89
82
83
84
85
86
87
88
89
14
ILO, “Regulating international labour recruitment in the domestic work sector: a review of key issues,
challenges and opportunities” (Geneva, 2016).
Submission of ILO Ethiopia.
See Overseas Employment Proclamation No. 923/2016.
See The National, “GCC working on unified domestic worker policy”, 15 April 2018.
See the ILO fair recruitment initiative, available at www.ilo.org/global/topics/fair-recruitment/lang-en/index.htm.
Submission of PICUM, GAATW and La Strada International.
Ibid.
United Kingdom and Dominican Republic, submissions for the present report.
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