E/CN.4/2004/76
page 21
11
See the letter sent by the Special Rapporteur to the Government of Israel on 26 June 2003
(E/CN.4/2004/78/Add.1).
12
See the allegation sent by the Special Rapporteur to the Government of Saudi Arabia
on 3 September 2002 (E/CN.4/2003/85/Add.1).
13
Ibid.
14
E/CN.4/Sub.2/2003/31.
15
During a visit to Canada, for example, the Special Rapporteur received information on the
possibility of obtaining a work permit as a migrant domestic worker under the national domestic
workers’ programme. See E/CN.4/2001/83/Add.1.
16
See the allegation sent by the Special Rapporteur to the Government of Israel
on 19 September 2002 (E/CN.4/2003/85/Add.1). See also the allegation sent by the
Special Rapporteur to the Governor of Hong Kong on 4 June 2003 (E/CN.4/2004/78/Add.1).
17
For example, in 1999, Bangladesh went as far as prohibiting its nationals from working
abroad as domestic staff. Indonesia has prohibited work as domestic staff in some of the Gulf
States. Pakistan has established 35 as the minimum age for applying for a job as a domestic
worker.
18
Some countries, such as Sri Lanka, require all female migrant domestic workers to have a
written contract before they leave the country. The contract between the worker and the
employer must be ratified by the Sri Lankan Embassy in the country of destination. The contract
is a basis for negotiations between the recruitment agency and the Sri Lankan diplomatic staff in
the country of destination in the event of disputes.
19
See the reply from the Government of Singapore, dated 20 January 2003
(E/CN.4/2003/85/Add.1).
20
The canton of Zurich, Switzerland, has a model contract which also applies to illegal female
workers, stipulating working hours and the minimum wage. In theory, this contract enables all
female migrant domestic workers, irrespective of their migrant status, to claim their rights in
court.
21
In order to protect the rights of migrant domestic staff working in the homes of foreign
diplomats, some Governments, including that of Germany, have circulated a note urging
employers to observe the minimum labour and social standards applied to nationals. Some
international organizations have adopted codes of conduct on the recruitment of migrant
domestic workers.
22
In most cases consulates confine the assistance provided to migrant domestic workers who
report, or are reported by, their employers, to providing interpreters and assisting and being
present during the legal proceedings, or by helping migrant domestic workers to return home and
issuing passports or travel documents.