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representatives of multilateral organizations. The Special Rapporteur was able to take stock of
the bodies which coordinate migration in each of these countries, existing legislation, and human
rights problems and achievements. The Central American consultations focused on preventing
illicit trafficking in persons and migrants.
7.
From 9 to 13 November 2003, the Special Rapporteur travelled to New York to present
her report to the Third Committee of the General Assembly and hold consultations with
Member States, the International Organization for Migration (OIM), the United Nations
Development Fund for Women (UNIFEM) and non-governmental organizations. From 17 to
22 November 2003, the Special Rapporteur took part in the Fifth World Congress for the
Pastoral Care of Migrants and Refugees. During the Congress, she spoke about the current
migration situation around the world, stressing the challenges for the protection of the human
rights of migrants as organized crime becomes global and transnational. From 23 to
25 November 2003, the Special Rapporteur attended the Lisbon Forum on “Migrations and
Human Rights: North-South Dialogue”, organized by the North-South Centre of the Council of
Europe. There she laid stress on the current situation of the sub-Saharan population in the
countries of Europe and North Africa.
II. THE HUMAN RIGHTS OF MIGRANT DOMESTIC WORKERS
8.
On 6 June 2003, the Special Rapporteur requested information on the situation of
migrants employed as domestic workers (hereinafter migrant domestic workers, the term
including persons of both sexes) by means of a questionnaire distributed to all permanent
missions to the United Nations in Geneva, NGOs, United Nations and other pertinent agencies
and programmes, and international experts in this area of work.
9.
The questionnaire comprised 10 questions addressed both to migrants’ countries of origin
and to receiving countries. The questions were grouped in three main areas: registration of
migrant domestic workers, both nationals and those working abroad as immigrants; legislation
concerning domestic work; and legislative, administrative and political measures for the
protection of these workers. The Special Rapporteur wishes to thank all Governments,
organizations, experts and private individuals who sent written replies to the questionnaire.1
10.
The following paragraphs discuss the situation of migrant domestic workers in the
context of State legislation and practices and in the light of international human rights standards,
with a view to recommendations for more efficient protection of their rights. The discussion is
based on information given in replies to the questionnaire, information received from various
sources, and practices personally observed by the Special Rapporteur.
A. Definition and scope
11.
The Special Rapporteur considers it crucial to be clear that domestic work has become an
activity necessary to the development process. Many men and women employed as domestic
workers in a decent and healthy environment where their rights are respected feel satisfied with
the work they do. The Special Rapporteur warns against viewing domestic service as a source of
abuse; it is lawful employment which should bring with it appropriate legal protection. In
compliance with her mandate, she has focused in this report on describing the innumerable