E/CN.4/2004/76 page 11 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

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