E/CN.4/2004/76
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Sometimes they are given a visa that is only valid for a single entry and, although they have
holidays, they cannot return to their countries. Added to this is the fact that they sometimes
receive bad news about family members’ health or problems with their children.
D. Factors contributing to the vulnerability of migrant domestic workers
1. Recruitment
36.
The Special Rapporteur observes that some countries issue residence and work permits to
migrant domestic workers only when they are sponsored by a private individual or recruitment
agency. Several countries have special visas for migrant domestic workers who work for
diplomatic or consular personnel, for the staff of international organizations, for nationals who
work abroad and return to the country of destination for a specific period, and for nationals.15
When migrant domestic workers emigrate through the sponsorship system or with a special visa,
the legality of their stay in the country depends on the employment relationship with the sponsor.
Sometimes, the sponsor’s name may even be put on the migrant domestic worker’s visa. In
some countries, if the employer-employee relationship is broken off, migrant domestic workers
automatically lose their residence permit16 and may be deported, even if the break was the result
of abuse on the part of the sponsor. Sponsoring employers are also responsible for renewing
residence and work permits. Sometimes, if the sponsor does not take the necessary steps,
migrant domestic workers find themselves in an irregular situation which renders them even
more vulnerable and dependent.
37.
The Special Rapporteur is concerned by the fact that, whatever the method of
recruitment, before their departure migrant domestic workers must pay some of the related
expenses. These may include the outward journey, exit taxes, the agency’s fee, and others. For
many migrant domestic workers this means getting into debt with family members, friends and
acquaintances, or mortgaging or selling their property. The existence of debts in the country of
origin puts heavy pressure on the worker, who cannot return until sufficient money has been
saved to pay them off. In order to avoid indebtedness, State banks and financial institutes in
some countries such as Sri Lanka, Peru and Ecuador have begun to provide credit to migrant
domestic workers.
38.
Sometimes the employer may decide to meet the expenses by withholding a wage or
wages. Sometimes employers are obliged to incur expenses in the country of destination, for
example, in order to obtain the residence and work permit. The Special Rapporteur has received
information that employers who have paid all the recruitment expenses see the worker as an
economic investment and, to prevent her from escaping, restrict her freedom of movement by not
allowing her to leave the house alone or by shutting her up in the house. This situation is even
more common when employers have to pay repatriation costs or the relevant fines if a migrant
domestic worker should wish or need to leave his job.
39.
Some States monitor the work of private recruitment agencies by means of a licensing
system. In order to obtain and renew licences, agencies must comply with minimum
requirements and observe specific standards in terms of guarantees. The Special Rapporteur has,
however, received information about many agencies operating illegally, or licenced agencies that
commit various types of abuses against migrants, such as demanding recruitment expenses
although prohibited by law, collecting expenses already met by the employer and collecting