ࡱ> surq` |WbjbjqPqP ;~::+D7 ~~~*xJJJ4B$B$B$8z$l$,:K?%%4%4%4%4%>r%% >>>>>>>$@hiB>J14%4%11>JJ4%4%?5551*J4%J4%>51>55VB;@JJ;4%% FB$3; >?0K?;TWC3WC;WCJ;%)5,T.%%%>>5d%%%K?1111::: D:::^d@d@FJJJ Campaign Paper: Domestic Workers Rights in Lebanon and Beyond (by Visayan Forum Foundation, Inc.) Background: the situation of domestic workers in Lebanon For Lebanese civilians, Israeli bombardment may seem to have plunged them into a world of fear, danger, and pain in short, a living hell. But for many of the 30,000 Filipina domestic workers living and working in Lebanon, this war may in fact represent the lesser of two evils. The hundreds of evacuated domestics who continue to stream back into the Philippines often carry with them harrowing tales not just of the current crisis in the Middle East, but of the exploitation and abuse they have endured since long before the present conflict began. Indeed, the picture of overseas domestic work that emerges from many of these Filipinas accounts inspires nothing short of outrage. One domestic worker recounts how her employer forced her to work practically 24 hours a day, while her daily allowance of food was limited to just two slices of bread. For failing to iron her employers pants quickly enough, her employer pressed a hot iron against her stomach. She escaped and found work with a second employer, only to find herself confined to the employers house and forbidden any contact with the outside world. And for all her struggles, she was never given any salary. I almost lost my mind and thought of committing suicide because of the punishment that I had to endure from my employers, she relates. Dozens of other domestics likewise describe such inhumane and degrading treatment as being burned with cigarettes for failing to clean an ashtray to an employers satisfaction; surviving rape attempts by their male employers; enduring regular beatings; being forced to sleep in a small room with the employers dogs; being given nothing but leftovers to eat, sometimes in a nearly spoiled condition; being starved and prevented from accessing any food by an alarm placed on the refrigerator; and being refused any days off. Domestics also report that their employment contracts were not followed by their Lebanese employers, so that they were forced to clean multiple houses despite being hired to clean only one; were paid less than the promised salary if they were paid any salary at all; and that they had their passports and travel documents illegally confiscated so as to restrict their movement and render them even more vulnerable to exploitation. This pattern of exploitation and vulnerability was greatly exacerbated by the fact that domestic workers are excluded from the normal labor protections accorded to other sectors in Lebanon. And there can be no doubt that these abuses have taken their toll on the sanity of the domestic workers: so far, at least six Filipina domestics have been recommended for admission into the National Mental Hospital, not necessarily because of direct exposure to the Israeli-Lebanese conflict but likely owing to a great extent to abuses encountered from their employers. Indeed, a report published by the ILO in 2002 confirms the use of physical and psychological violence by employers in Lebanon, as well as the imposition of exploitative working hours and conditions upon domestic workers; the study emphasizes that it is customary for Lebanese employers to confiscate their domestics passports and to keep the workers locked in the house, a severe restriction on the workers freedom of movement that is seen as acceptable by the employers despite the fact that it violates international law. Against this background of exploitation and abuse, it is unsurprising that there have been multiple reports of domestic workers in Lebanon jumping out of tall buildings to escape abusive employers; last year alone the Philippine OWWA received 8 such reports. The Philippine Department of Foreign Affairs has likewise received several reports of domestics in Lebanon committing suicide by throwing themselves out of high windows. Sadly, the escalation of violence in the Middle East has only served to demonstrate with stark clarity that many employers care more about exploiting their domestic workers services than they value the domestic workers lives. Following government calls for the evacuation of all Filipino nationals from Lebanon, hundreds (and probably thousands) of Filipina domestic workers expressed their desire to return home. Yet many employers have sought to physically prevent their domestics from evacuating by locking them into the house. One domestic worker recounted how she was ordered to stay in a dangerous area to guard her employers home while her employer himself fled to Canada; the worker was subsequently injured when the apartment in which she was locked was damaged by Israeli bombing. Indeed, some of the newly-repatriated domestics suffered severe injuries when they were forced to climb or jump down from high terraces in order to flee their employers and reach the evacuation centers. Even once they reach the evacuation centers, however, overseas domestics are not safe: there have been numerous reports (confirmed by the Philippine Ambassador in Beirut) of employers coming to the evacuation centers to recapture their domestic workers, sometimes violently; other domestics have been detained when attempting to cross the Lebanese border into Syria because their employers accused them of theft as a way to prevent them from leaving the country. Those Filipina domestic workers who braved all odds to escape their employers and return home even though many may have returned without any salaries to show for their efforts often sum up the tragic irony of their situation by saying that the war was a blessing in disguise since it helped them to escape from their exploitative situation as overseas domestics. Other domestic workers, however, were not fortunate enough to make it back home at all: the Department of Foreign Affairs has already reported that at least two Filipina domestic workers died when they jumped or fell from buildings in possible attempts to flee employers. Challenges to Philippine government and civil society The accounts summarized above present incontrovertible evidence of the low regard in which domestic workers are held and the exploitative and abusive conditions in which they are forced to work in Lebanon. Yet the problem is by no means unique to the Middle East, nor is it unique to times of military conflicts. These abusive conditions are regular features of domestic work in any part of the world. The only truly unique feature of the preceding cases is that the abuses faced by Lebanons domestics have briefly become visible to the outside world. By contrast, the daily situation of domestic workers in the Philippines and elsewhere overseaswho are seen by many employers as less than human or as slaves who do not have the same human rights as the employers themselvesremains hidden behind a veil of apathy and neglect. Indeed, domestics right here in the Philippines are routinely confined to their employers houses, denied permission to contact their families, paid extremely low wages, and subjected to various forms of physical, sexual and verbal abuse. In short, domestic work is seen in all parts of the world as a low form of employment, such that employers and society at large often see domestics as undeserving of the normal legal or physical protections accorded to other workers a situation that is now strikingly illustrated by instances of domestics being locked into houses in war-torn Lebanon, treated more like household appliances or properties than as fellow human beings. The dire situation in Lebanon thus represents a crucial opportunity for the Philippine government to open its eyes, learn valuable lessons, and develop measures to mitigate the often-exploitative nature of domestic work to take up its duty to protect the rights of its domestic workers not only in Lebanon, but in all countries, including right here at home. It is a chance for our elected officials to realize that domestic workers are a population who are marginalized not only in war zones, but who live on the margins at all times, left out of benefits particularly those enshrined in labor legislation accorded to workers in other sectors. And it is a chance for the Philippines to show, by undertaking concrete actions directed at tackling the underlying problems of exploitation detailed above, that our government has the moral ascendancy to protect the rights of its overseas workers no matter where they may be. It is imperative that our government should serve these ideals in its response to the current crisis. In doing so, the government must act on two fronts: first, it should provide a comprehensive set of emergency and healing services to domestic workers returning from Lebanon, and second, it should craft a sustainable program that addresses the innate vulnerability of domestic workers. Yet our government has yet to achieve either of these crucial goals; rather, our legislators are continuing to sidestep the plight of domestic workers both at home and abroad. At a time when only 3,115 out of the estimated 30,000 Filipino workers in Lebanon have been evacuated, it is becoming increasingly clear that, regardless of who is to blame, our country is simply unprepared to respond to this crisis (not least because of the lack of monitoring of domestic workers in Lebanon, who are scattered and invisible in their employers houses). In light of this urgent situation, we must put aside current political posturing and finger-pointing, and instead focus our efforts on implementing an effective evacuation plan, preparing as well for similar scenarios in other areas such as Israel. At the same time, we must put forth a longer-term solution to the systemic abusive nature of domestic workers as a sector. Although we appreciate the good intentions of the government in offering the repatriated domestics a Supermaid training program to upgrade their skills, this program must expand in order to address the real needs of domestic workers. The Manila-based Women in Development Foundation has put it concisely: while domestic workers should be equipped with the necessary skills to handle household gadgets and basic language in their destination countries, this is not a remedy to ensure their safety, provide them with dignity and protect them from the abuse of foreign employers and recruitment agencies. As this Supermaid program demonstrates, rather than recognizing that overseas domestic workers suffer from abuse, exploitation, and vulnerability due to their overseas status, the Philippine government has failed to provide protective mechanisms before sending domestic workers back into the global market as quickly as possible, where they may end up in exactly the same or a worse situation than the one from which they have just escaped. In sum, it is clear that immediate, well-targeted actions beyond these current responses are urgently needed to assist domestic workers fleeing Lebanon as well as to address the underlying problems that face domestic workers, most notably their exclusion from normal legal protections and the low regard in which they are held both abroad and at home. Need for immediate care This is a crisis situation and we recognize that the government is short of manpower and resources to mitigate the wars short-term impact on some of its most vulnerable victims our domestic workers. In this light, civil society groups led by the Visayan Forum Foundation, Catholic Bishops Conference of the Philippines-Episcopal Commission for the Pastoral Care of Migrants and Itinerant Peoples (CBCP-ECMI), and other institutions that support the cause of local and overseas migrants have committed to the following immediate actions: Opening existing shelters in Manila and other regions to repatriated evacuees. There is a need to provide psychosocial counseling and interventions to help reintegrate any victims who may have suffered traumatic experiences. In this regard, it is vital to avoid shortcuts in the healing process such as immediately sending these survivors back home to the provinces without proper support. Operating hotlines to provide assistance to families who remain unable to contact their relatives in Lebanon. This program will be linked to radio and TV stations in provinces nationwide. We shall also work with local civil society groups, the government, and regional partners in this endeavor. Stepping up our information dissemination drive for Filipinos arriving at airports or passing through local seaports after having been repatriated by local authorities. For those who have returned, we will try to arrange a contact pool of lawyers ready to assist them in the filing of any legal complaints. Exploring ways to link survivors to government agencies and the private sector in order to provide alternative livelihood opportunities should they decide not to return to work abroad. War against neglect Aside from these immediate services, we recognize that we must go beyond such temporary solutions. It should not take a war to remind us that domestic workers remain victims to practices that are similar to slavery. Even when there is peace and prosperity, domestic workers are still fighting their own war for basic human dignity and protection. As long as our laws continue to deny domestic workers the basic human and labor rights necessary for decent work, the Philippines will remain just another uphill battlefield for abused and exploited domestic workers. Therefore, long-term solutions to the longstanding and unacceptable neglect of the domestic work sector must be a priority for our legislators. We believe that the magnitude of this crisis should serve as a strong wake-up call for the government to show that it has the political will to break this cycle of exploitation and turn the tide in the struggle for domestic workers rights. In particular: The government should enact as a matter of utmost priority the draft bill known as the Batas Kasambahay, or the Magna Carta for Domestic Workers, which will enshrine such basic rights as a minimum wage, days off, and humane treatment for the countrys domestics. Thus far, even after ten years of lobbying by the Visayan Forum Foundation and other civil society groups, and despite having the verbal support of several legislators and the approval of large segments of the public, this proposed bill remains stalled in the Labor Committee of the Philippine Congress, chaired by Senator Jinggoy Estrada in the Senate and Congressman Roseller Barinaga in Congress. We will therefore launch a renewed lobbying campaign to fast-track the passage of this long-awaited and crucial bill. By enacting the Batas Kasambahay and protecting domestic workers rights to dignity, protection, and decent employment at home, the Philippines will gain the moral high ground it so desperately needs when it comes to demanding protection for the rights of Filipina domestic workers abroad. Indeed, this is the least that our legislators can do. We will also call for the repeal of Sections 29 and 30 of the Migrant Workers Act, which currently provide for the deregulation of recruitment of overseas workers and the phase-out of systematic supervision in this area. As the situation in Lebanon demonstrates, the recruitment and placement of domestic workers into foreign households requires better scrutiny and regularization not more neglect. Finally, the present campaign serves as the first step in raising awareness and support for the future enactment of an international-level legal standard on domestic work that is reflective of the principles of decent work and migrants rights. As noted above, one major obstacle facing overseas domestic workers is their lack of inclusion in labor legislation in their countries of employment; the enactment of an international standard on domestic work would address this problem. In the meantime, we will tap our overseas partners and the international media in order to press destination countries to enhance their domestic legislation to uplift the working conditions of migrant domestic workers, and to set up immediate actions to address persistent exploitation and discrimination in this sector. The stories of Sarah Balabagan and Flor Contemplacin echo from the testimonies of the massive flow of domestic workers coming home from Lebanon today. We must not allow ourselves to be mere spectators during this historic chance for the country to lobby for the rights and the recognition of our kasambahay here and abroad. This time, the deafening cries of our modern heroes are too loud to be ignored. Together, let us help domestic workers in the Philippines, in Lebanon, and beyond to win their own war against neglect, abuse, and exploitation once and for all. A Vigil A Prayer Vigil organized by the Visayan Forum, CBCP-ECMI, and other networks will take place this Friday, 5pm-8pm at the Ermita Church (Nuestra Seora de Guia Shrine), Mabini St., Ermita, Manila, to call for the immediate rehabilitation of repatriated domestic workers from Lebanon. More than 1,000 people will be joining the mass and community prayer. For more information, please contact: Ma. Cecilia Flores-Oebanda, President, Visayan Forum Foundation, Inc. and Anti-Slavery Awardee 2005. Telefax: 6340683.  PGMA, Protection of Migrant Workers, August 9, 2006, available at: www.gov.ph/news/?i=15840.  With a guitar, she kept her sanity amid blasts, Philippine Daily Inquirer, August 1, 2006.  Id.  Id.  Id.; Cebuana OFW escapes Lebanon, Cebu Daily News, July 26, 2006.  Cebuana OFW escapes Lebanon, Cebu Daily News, July 26, 2006.  We slept with dogs, ate leftovers for $200/month, Philippine Daily Inquirer, August 3, 2006.  Id.  Jureidini, R., Women Migrant Domestic Workers in Lebanon, International Migration Papers No. 48, International Labour Organization, 2002, pp. 28-29.  We slept with dogs, ate leftovers for $200/month, Philippine Daily Inquirer, August 3, 2006.  Id.  Id.  See Maid in Lebanon: protecting the rights of migrant domestic workers, ILO Online, April 2006, available at: http://www.ilo.org/public/english/bureau/inf/features/06/lebanon.htm.  Cebuana OFW escapes Lebanon, Cebu Daily News, July 26, 2006.  OFWs who fled Lebanon undergo debriefing, Philippine Daily Inquirer, August 8, 2006.  Jureidini, R., Women Migrant Domestic Workers in Lebanon, International Migration Papers No. 48, International Labour Organization, 2002, pp. 10-11.  RP seeks reinvestigation of OFW death in Lebanon, INQ7.net, March 22, 2006.  Filipina jumps from employers apartment to be repatriated, INQ7.net, July 26, 2006.  We slept with dogs, ate leftovers for $200/month, Philippine Daily Inquirer, August 3, 2006.  232 Filipinos back home, bare ordeal, Philippine Daily Inquirer, July 24, 2006; Filipina jumps from employers apartment to be repatriated, INQ7.net, July 26, 2006.  232 Filipinos back home, bare ordeal, Philippine Daily Inquirer, July 24, 2006.  We slept with dogs, ate leftovers for $200/month, Philippine Daily Inquirer, August 3, 2006; OFWs fear Filipino casualties in southern Lebanon, Philippine Daily Inquirer, July 31, 2006.  War tearing Fil-Lebanese families apart, Philippine Daily Inquirer, July 27, 2006.  4 OFWs briefly held at Syrian border, INQ7.net, August 7, 2006.  With a guitar, she kept her sanity amid blasts, Philippine Daily Inquirer, August 1, 2006.  2 Filipinas die fleeing employers in Lebanon DFA: But labor dept says deaths may be accidental, INQ7.net, August 3, 2006. The exact circumstances of the deaths remain unclear, and the domestics may have fallen rather than jumped; however, the presence of bedsheets tied to one of the balconies and the domestics previous reports of mistreatment by their employers raise suspicions that they may have been trying to leave their houses. (War knows no kibitzers, DH learns, Philippine Daily Inquirer, August 5, 2006).  405 more OFWs arriving from Lebanon tomorrow DFA, August 9, 2006, available at: www.gov.ph.  Women in Development Foundation, Inc., Position Paper on Supermaids, August 2006.      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PLP^P`LhH.qEC                  =Rxm n^11:Fo { gc 7Dl_NJ$~7"+<^X 3!fT"`M%.( )*k+1,T .cu/M|1~23U3.^34U7G866:;_,;Y<=wBf:BoB[CC?"E$0JTJLpMs&PTQ@T?nUzGW7YZ"\^^LaYcYczcY-fEfHg`knk?lk{l|)mEm%nD oO_pqqaqs0sgeu?8v;]vS x xj x_EyT{}}dtEa[uz<F-\Nh_ 9[ogF3} !C2">=>SLjv:Xp"*mD MWX0 Ge"-,#Tt MB*cM4FDSo=KQkqLVt3|7dro<R}4la9S(R }`$u>sEP@oo8oo|O@UnknownGz Times New Roman5Symbol3& z Arial"1hSS, 9"{, 9"{!4d D D3QHX ?3|28Campaign: Domestic Workers Rights in Lebanon and BeyondStephanie Erin BrewerStephanie Erin Brewer   Oh+'0 0 P\ |  <Campaign: Domestic Workers Rights in Lebanon and BeyondStephanie Erin BrewerNormalStephanie Erin Brewer2Microsoft Office Word@F#@07F@07F, 9՜.+,0< hp   Visayan Forum Foundation, Inc.{" D 9Campaign: Domestic Workers Rights in Lebanon and Beyond Title  !"#$%&'()*+,-./0123456789:;<=>?ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`acdefghiklmnopqtRoot Entry FXKFv1Table@oCWordDocument;~SummaryInformation(bDocumentSummaryInformation8jCompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q