E/CN.4/2004/76
page 17
69.
The absence of watchdog mechanisms and inadequate monitoring by the
Government in the country of destination, the recruiting agencies and even consulates
mean that migrant domestic workers are cut off and abuses remain unseen. As a result,
many migrants end up working in abusive, even inhuman and degrading conditions,
without any protection or possibility of obtaining an effective remedy.
IV. RECOMMENDATIONS
70.
The Special Rapporteur urges States of origin and destination of large-scale flows
of migrant domestic workers to take all necessary steps to ensure the protection of such
workers’ rights and eliminate the factors which make them vulnerable at all phases of
migration, from recruitment to their return home.
71.
The Special Rapporteur urges States to ratify the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families.
72.
The Special Rapporteur recommends that the countries of origin should launch
campaigns against illegal migration by domestic employees, warning of the risks and
providing information about legal migration channels. The Special Rapporteur regards
the involvement of embassies and consulates from countries of destination in such
campaigns as good practice.
73.
The Special Rapporteur recommends ratification of the Protocol to prevent,
suppress and punish trafficking in persons, especially women and children, supplementing
the United Nations Convention against Transnational Organized Crime, and urges States
to amend their national legislation so as to ensure that the definition of trafficking is
compatible with that given in article 3 of the Protocol.
74.
The Special Rapporteur recommends that efforts be made to deal with traffickers,
and that the traffickers’ crimes should not remain unpunished. She recommends that
the victims of illegal practices should not be punished, and that protection programmes
should be established which, under certain circumstances, will allow them to remain
in the country of employment and prevent other possible abuses. In that respect the
Special Rapporteur underlines the conclusions and recommendations contained in her
report to the General Assembly on trafficking in human beings.25
75.
The Special Rapporteur urges States to take initiatives so as to avoid the
indebtedness of migrant domestic workers, including agreements which provide that
their recruitment costs be covered by the employer and/or recruitment agencies and
State credit programmes for migrant women.
76.
The Special Rapporteur views as good practice the organization of training
programmes for migrant domestic workers prior to their departure. Such programmes,
depending on the circumstances, should include basic lessons in the language of the country
of employment and practical tips on communication technologies and how to transfer
remittances.