E/CN.4/2004/76
page 10
30.
Many of these women are living outside their own country for the first time and suffer
from strong cultural shock in that they are not familiar with the traditions and culture of the
country of destination. Customs are very different and they have great difficulty in adapting to
them. The Special Rapporteur has received information about cases of migrant domestic
workers who were forbidden to practise their religion.
31.
The Special Rapporteur has been informed that in many cases female migrant domestic
workers work up to 19 hours per day and must be available round-the-clock, which in practice is
tantamount to slavery. Many have to accompany their employer at all times and sometimes
end up working for the employer’s friends or family for no extra wage. The Special Rapporteur
has also been informed of cases of migrant domestic workers who have no days of rest. One of
the most frequently reported violations of labour rights concerns the withholding of wages.
Since the wages of female migrant domestic workers are basically low, below the minimum
established by law, they are forced to work for long periods merely to pay off the debts they
incurred on leaving their countries of origin. There are also many cases of unjustified dismissal,
lack of paid holidays and rest time or of being forbidden to or prevented from joining a
trade union.
32.
The Special Rapporteur has received information about cases where employers forbid
their migrant domestic workers to see a doctor when they are ill, or require them to work. She
has also received information about cases involving accidents with chemical cleaning products
and household appliances. Sometimes they are tested, without being informed, to check that
they have no contagious diseases such as HIV and are subsequently dismissed.
33.
Not all the female migrant domestic workers living in their employer’s house have
suitable accommodation. Some have their own rooms, but others are forced to share a room with
the children, the elderly persons they care for, or with other domestic workers, and sometimes
they are forced to sleep in the kitchen or bathroom. Sometimes, to punish them, they are denied
food. In other cases, they are forced to eat the leftovers from the meal of their employer and his
family.
34.
Employers frequently take away the identity and travel documents of migrant domestic
workers on arrival.11 The lack of documents is one of the major concerns of the Special
Rapporteur, since it places migrant domestic workers in a situation of complete dependence and
hampers their movements, including their return to their country of origin without the
employer’s consent.12 The Special Rapporteur has received information about cases of women
unable to leave the house, because in some countries failure to carry identity documents in the
street is illegal. In some countries it is also impossible to obtain medical attention without
documents.13 Such circumstances sometimes turn domestic work into a form of slavery. The
Working Group on Contemporary Forms of Slavery of the Sub-Commission on the Promotion
and Protection of Human Rights urges States “to take the necessary measures to prohibit and
punish those who confiscate passports belonging to migrant workers, in particular migrant
domestic workers”.14
35.
The Special Rapporteur has received information about many cases of migrant domestic
workers who suffer from depression and loneliness. Sometimes they are not allowed to
telephone their families and are not allowed to go out to use a public telephone. When they have
no right to holidays they spend long periods without seeing their children and their families.