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Amnesty International and Human Rights Watch considered that “the Lebanese Council of State, which is the highest administrative court in the country, has dealt a severe blow to the rights of migrant domestic workers by suspending the work of a new standard employment contract” . Noting that “the unified contract adopted by the Ministry of Labor on September 8, 2020, includes new protection measures for migrant domestic workers, including very important guarantees against forced labor, and could have been an important first step towards abolition of the abusive sponsorship system ”.
The two organizations stated that “On September 21, the Union of Owners of Domestic Workers Recruitment Agencies presented a complaint to the Shura Council, requesting the Council to stop implementing two decisions issued by the Minister of Labor to adopt the new unified contract for migrant domestic workers, and limit the percentage of deductions allowed that the owner can The work consists of deducting it from the salary of a domestic worker – which is equivalent to the national minimum wage – that does not exceed 30 percent ”. Noting that “On October 14, the Shura Council ruled in favor of the recruiting agencies on the grounds that the two decisions seriously prejudice the interests of those offices, and the council did not indicate the rights of the recruiting agencies. migrant domestic workers, which Lebanon is obliged to protect under international law. “
He also confirmed that “there are an estimated 250,000 female migrant domestic workers working in Lebanon. The vast majority of women come from countries in Africa, South and Southeast Asia, including Ethiopia, the Philippines, Bangladesh and Sri Lanka.” They are excluded from the protection of Lebanese labor law and their status in the country is regulated through the sponsorship system, which is a restrictive immigration system, consisting of laws, regulations and customary practices that bind workers’ legal residence. migrants with the employer.
In this context, Diala Haidar, Amnesty International campaign manager in Lebanon, explained that “the unfortunate pattern of violations against migrant domestic workers under the sponsorship system must end, and the Lebanese authorities, including the judiciary, have the obligation to protect the rights of these workers instead of protecting the system. It facilitates exploitation, forced labor and human trafficking. “
It is worth noting that Human Rights Watch, Amnesty International and many other organizations have “documented over the years how the sponsorship system gives employers great control over the lives of workers. This has led to a number of violations, including non-payment. Wages, forced detention, excessive working hours without days of rest or breaks, verbal, physical and sexual abuse. Those who left their employers without permission run the risk of losing their legal residence in the country and face arrest and deportation. The previous contract provided an exception for workers in extreme cases of abuse. Treatment, in which the burden of proof falls on the MDW, leaving workers with relationships, even in cases of forced labor.
In their statement, the two organizations emphasized that “according to the International Labor Organization, approximately 90 percent of migrant domestic workers working in Lebanon are employed through an office. Recruitment agencies in Lebanon employ workers at Through partner offices in their home countries Or through their representatives abroad Their business model is based on charging employers high recruitment fees ranging from $ 1,000 to $ 3,000 The International Labor Organization has found “Employers are often not sure what the fees cover. They also found that there are disparities. Significant hiring rates, depending on the employer’s income and the worker’s nationality.”
Both Amnesty International and “Human Rights Watch” documented the violations committed by the recruitment agencies. Some offices demanded that employers pay them the salary for the first months, instead of the worker, in violation of the worker’s rights. Some workers also reported that they were subjected to physical and verbal abuse, forced labor and human trafficking at the hands of recruitment agencies.
Both organizations highlighted the “position of the Union of Employees of Labor Recruitment Offices, which considered that migrant domestic workers are specifically exempted from the labor legislation, so that their relationship with the employer is only governed by the law of obligations and contracts. provided that it does not conflict with “public order, public morals and general provisions.” Considering that “the unified contract violates the principle of freedom of contract, since the two parties must have the ability to decide on the terms of the contract. contract, even if they must be linked by the minimum wage The ruling of the State Council did not take into account the rights of women workers and the imbalance of power between the two parties.
He noted that “Lebanon is one of only two countries in the Middle East that hosts large numbers of migrant domestic workers, but does not have any laws that regulate their relationship with the employer and provide them with adequate protection and rights. Lebanon it is subject to international human rights law. ” , Ensuring that migrant domestic workers and migrant workers obtain protection measures equivalent to those enjoyed by other workers under the law. The contract is the only legal document that migrant domestic workers have in Lebanon. Lebanon has had a standard contract for migrant domestic workers since 2009, but a 2009 copy lacks significant safeguards against forced labor, does not comply with international human and labor rights standards, and was adopted before the 2011 Domestic Workers Convention. of the International Labor Organization.
Both organizations pointed out that “the new unified contract aims to correct the imbalance of power and to grant the workers the basic labor guarantees originally granted to the rest of the workers, such as the 48-hour work week, the weekly rest day, the payment of overtime, the payment of sick leave, annual vacations and the approval of the national minimum wage, with some deductions allowed for housing and food. More importantly, the new contract would have allowed workers to terminate their contract without the consent of the employer, thus dismantling a significant abusive aspect of the sponsorship system.
Aya Majzoub, Lebanon researcher at Human Rights Watch, said: “Migrant domestic workers are among the most marginalized groups in Lebanon.” “With the economic collapse of the country, exacerbated by the repercussions of the Covid-19 virus epidemic, its already precarious situation went from bad to worse. But instead of providing more protection and dismantling the system that allows the exploitation of these workers, the State Shura Council seemed to prioritize interests. Narrow commercial recruiting offices. “
He noted that “it is not clear what means of defense the Ministry of Labor provides, or if it plans to appeal, since an official from the Ministry of Labor declined to comment on this matter.” Human Rights Watch concluded that “the Lebanese judiciary does not protect domestic workers or hold employers accountable when they violate basic workers’ rights. The Lebanese Parliament should urgently amend labor laws to include migrant domestic workers. The Lebanese authorities They should act quickly Other measures to dismantle the sponsorship system, including ensuring that migrant workers are not dependent on their employers to obtain their legal status in the country.
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