E/CN.4/2004/76 page 15 57. The Special Rapporteur has observed that migrant domestic workers rarely report their employers and seek protection. There are various reasons for the absence of complaints: a fear of being arrested and deported for illegal residence; the fact that their situation depends entirely on the employment relationship with their employers; the lack of identity documents; the lack of access to protection mechanisms; ignorance of the language; and debts in their countries of origin. Migrant domestic workers are not always entitled to remain in the country while their cases are being dealt with; when they are, they are not always entitled to work, which means that without assistance from the State they do not have the means to live. The Special Rapporteur was informed that the competent authorities do not pursue those responsible for abuses, such as withholding passports or wages, despite the complaints submitted by migrant domestic workers. 58. Furthermore, when migrant domestic workers are explicitly excluded from the labour legislation of the host country they cannot claim any rights. In situations where domestic work is considered informal, the only means of settling disputes is through amicable settlements. 59. In the case of women working for diplomatic staff or staff in international organizations, the employers enjoy total immunity from the host country’s criminal legislation and partial immunity from its civil and administrative legislation. In such cases it is virtually impossible for women to claim their rights.21 60. Consulates are supposed to furnish assistance to nationals in the territory of the host State; the protection provided, however, is not always effective. There are several reasons for that: the migrant domestic worker’s country of origin does not always have a consulate in the country of destination; consulates are unaware of the presence of illegal workers until they seek protection or the host State authorities inform them of their presence; for a variety of reasons, the workers cannot or do not wish to apply to the consulate.22 61. Some countries make an effort to provide greater protection through programmes targeted especially at female migrant domestic workers. Very often women who flee their employer’s home to escape abuse and violence do not know where to turn. In Bahrain, the embassies of the Philippines and India provide shelter to female migrant domestic workers who have had problems with their employers. The embassy of the Philippines covers legal costs if the case is taken to court; the embassy of India has funds available to repatriate female migrant domestic workers who wish to escape from a situation of abuse or have had disputes with their employers. 62. The Special Rapporteur believes that a reliable and detailed register of migrant domestic workers would enable the country of destination to take this occupational category into account when formulating and planning its policies. It would also enable the consulates of the countries of origin, besides the relevant services in the country of destination, private recruitment agencies and NGOs, to monitor migrant domestic workers’ working conditions and to offer protection when necessary. 63. Some countries have legislation requiring agencies to exercise some control over employers and check that the terms of the contract or verbal agreement regarding working hours, wages, board, lodging, etc. are observed. Nevertheless, according to information received, the agencies tend to favour the employer in the event of disputes and do not always intervene when migrant domestic workers’ rights are violated.