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migrants are not familiar with the migration procedures and requirements imposed by the
country of destination and rely on the agencies or private agents who transport them illegally
without any real knowledge of their situation and conditions. The illegal nature of the operation
further increases the migrant domestic worker’s dependency and vulnerability.
45.
The Special Rapporteur has become aware that some legislation allows for migrant
domestic workers to be transferred from one sponsor to another on payment of a sum of money.
Under these laws there have been cases where agencies or private agents, in agreement with
fictitious sponsors, have “imported” a number of women and found them jobs upon their arrival
according to demand. Many of the women were unaware that they would not be working for
their initial sponsors and ended up doing totally different jobs from those agreed upon,
sometimes in conditions of forced labour or exploitation.
46.
The Special Rapporteur has been informed that the criminal legislation in many countries
covers the crime of trafficking in human beings. However, the definition of trafficking is often
interpreted restrictively and is considered as being confined to the trafficking of persons for
sexual exploitation. Such an interpretation is wrong and excludes other equally important and
serious forms of trafficking in human beings. The Special Rapporteur considers it important that
all who are directly involved with the victims of trafficking, such as the police and immigration
officers, should be clearly aware of relevant national and international legislation.
47.
Migrant domestic workers who end up being trafficked are not only bereft of protection
but are often treated as criminals. As mentioned above, the legislation in some countries
provides for migrant domestic workers to be sent home if the employment relationship with their
employers comes to an end, even if it is because of the exploitation, even slavery, in which they
have been kept. In other cases migrant workers are punished for being in the country illegally,
even when it is the result of deception and exploitation.
48.
Legislation in many countries prohibits slavery, servitude and forced labour, abduction
and deprivation of liberty. Many migrant domestic workers work in servitude or semi-slavery,
given that they are exploited economically by, are totally dependent on and cannot find a way
out of the working relationship.
49.
According to the definition contained in ILO Convention No. 29 concerning Forced or
Compulsory Labour (1930), two elements characterize forced labour: the menace of penalties or
adverse consequences, and the involuntary nature of the labour. Many migrant domestic workers
work under the explicit or psychological threat of deportation or violence. The exploitative
working conditions and psychological violence, the control and domination of migrant domestic
workers by their employers, and restrictions on their freedom of movement increase the workers’
sense of isolation and powerlessness to such an extent that they are often afraid to leave their
jobs. As already mentioned, many women are deceived and are unaware of the type and terms of
their employment. Owing to the very nature of the violation, and, in the absence of watchdog
mechanisms, it is very difficult for migrant domestic workers to report the abuses they suffer.
50.
To prevent illegal migration and the risk of trafficking, some countries of destination,
including Germany, Switzerland and Mexico, conduct awareness-raising campaigns through
their diplomatic and consular offices in the countries of origin and cooperate with local NGOs so
as to provide information about legal channels of migration and employment. Some countries of