A/78/180 article 3 of the ILO Domestic Workers Convention, 2011 (No. 189) and under article 2, in accordance with ILO Domestic Workers Recommendation, 2011 (No. 201), for all migrant workers. While most States have established freedom of association and collective bargaining principles and provide for their basic protection in law, there are obstacles for migrant workers to claiming these rights: the exclusion of migrants in labour law and employment standards and from collective bargaining in particular; sector-specific exclusions (e.g., agriculture); imposed trade union monopoly; interference in trade union activities; insufficient protection against anti-union discrimination (e.g. dismissal, demotion, transfer, intimidation, harassment); anti-union violence; arrests; inadequate sanctions and remedies for violations of freedom of association and collective bargaining; and restrictions on access to judicial mechanisms. 38 39. Under the kafala system, 39 collective action or contract negotiation are often not protected rights, and workers may face reprimands for refusing unsafe work or filing complaints, such as about abuse, loss of employment or earnings, loss of status, removals, blacklisting from future employment. Furthermore, these practices may cause their employment to be transformed into situations that could amount to forced labour. 40,41,42 For women migrant workers who are concentrated in domestic care work and in the informal economy, it is challenging to organize and fight for collective bargaining rights, despite protections under the Convention on the Elimination of All Forms of Discrimination against Women. 6. Safe housing 40. International law stipulates that migrant workers shall have equality of treatment with nationals of the State of employment in access to housing, 43 sanitation, electricity, water supply and communications, 44 having due respect for privacy, 45 as well as, in case of an imminent and serious danger to life, health or safety due to violence and harassment, the right to remove themselves from both the work situation and housing facilities. 46 However, adequate and safe housing remains out of reach f or many migrant workers, and housing is often framed as temporary, regardless of the duration of stay or the number of years over which migrants may return to the same housing. This is often used to justify camp-like conditions that pose physical and mental health risks and lack safety, security, privacy and dignity. Inadequate housing also jeopardizes other rights, including migrants’ right to privacy and to family life. __________________ 38 39 40 41 42 43 44 45 46 12/21 ILO, Migrant Workers’ Rights to Freedom of Association and Collective Bargaining (Geneva, 2023). Available at www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/ documents/publication/wcms_883446.pdf. See submission from Migrant-Rights.org. Most States in the Gulf Cooperation Council disallow collective bargaining and unionization, leaving millions of workers without solidarity or the support system required to fight for their rights. Moreover, where uni ons are permitted (Bahrain, Oman and Kuwait), migrant workers are not allowed to found their own unions or join leadership positions, and their rights are often neglected. Observation (CEACR) – adopted 2009, published 99th ILC session (2010), Forced Labour Convention, 1930 (No. 29) – Saudi Arabia, published 2017. See www.migrant-rights.org/2023/02/hundreds-of-world-cup-workers-stage-protest-remainunpaid-and-destitute/. For example, in Viet Nam, the Law on Trade Unions (2012) provides only Vietnamese labourers with the right to establish, participate in or operate trade unions in the country (art. 5). In Qatar the Labour Law states that membership in the General Union of the Workers of Qatar shall be confined to Qatari workers (sect. 116 (4)). See also report of the Special Rapporteur on the human rights of migrants on the right to freedom of association of migrants and their defenders (A/HRC/44/42). International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), art. 43. Convention on the Elimination of All Forms of Discrimination against Women (1979), art. 14 (2) (h). ILO Domestic Workers Convention, 2011 (No. 189). ILO Violence and Harassment Convention, 2019 (No. 190). 23-13823