THRB Contributor, Elizabeth Hebert

For those who have traveled to or lived in the Middle East, there is one thing that will inevitably catch your eye. Surprisingly, it is the prevalence of migrant domestic workers in nearly all venues imaginable. From my first visit to the Middle East in 2008 to my second time in 2010-2011, I have had many conversations with people who were shocked and appalled at the mistreatment of migrant domestic workers by their Arab employers. I will emphasize that not all migrant domestic workers are mistreated by their employers. However, after working and researching with Ms. Kathleen Hamill, Esq., through Kafa (meaning “Enough”), a local gender-based violence and exploitation prevention organization, we concluded that the migrant domestic worker system in Lebanon leaves too much room for abuse, neglect, and in some cases forced labor or slave-like conditions.

Background and findings

Lebanon has a population of 4 million people and employs 200,000 migrant domestic workers to do everything from basic household cleaning and child-care to in-home elderly and disabled persons care. This means that there is approximately one Filipina, Sri Lankan, Bengali, Malagasy, Ethiopian, or Nepalese worker to every 10 Lebanese persons. The goal of Ms. Hamill’s study, entitled, ‘Trafficking of Migrant Domestic Workers in Lebanon: A Legal Analysis,’ was to explore the link between human trafficking and migrant domestic labor in Lebanon.  As Ms. Hamill explains, “…the aim [of the study] is to identify structural factors that create systemic vulnerabilities for migrant domestic workers during their migration to Lebanon and their work upon arrival in the country.” (See Trafficking of Migrant Domestic Workers in Lebanon: A Legal Analysis, pg. 1)

According to the United Nations Office on Drugs and Crime, human trafficking is defined “as an act by means of coercion or deception for purposes of exploitation including forced labor, servitude, slavery or practices similar to slavery.” (Id., pg. 46)  Some of the structural factors that have contributed to the link between human trafficking and migrant domestic labor in Lebanon are: 1.) The sponsorship or “kafala” system; 2.) The recruitment process, and 3.) The lack of labor protection and legal redress. These factors create a situation of vulnerability for women, and are possible contributing factors to human trafficking and forced labor, servitude, or slavery.

The challenges with the “kafala” system stem from the fact that each migrant worker must be linked or sponsored by a specific Lebanese employer. Without this sponsorship, migrant workers would not have the proper paperwork or visa to maintain a legal status in Lebanon. Essentially, each migrant worker is at the mercy of her employer, and is often subject to restrictions on her movements and living situation. Because their movements are restricted, it can contribute to a situation of forced labor, and therefore be linked to human trafficking.

The primary problem with the recruitment of migrants is the calculated deception that inevitably occurs at each stage of the process. This duplicity is most often seen in negotiations of expected salary, expected contract life, and expected workload.  Many countries, cognizant of the fraudulent hiring practices of many Lebanese employers, have banned their female citizens from leaving their home country to work in Lebanon.  These restrictions, however, have not stopped hundreds of women from circumventing the bans and getting to their destination. Not surprisingly, the deceptive recruitment process increases the migrant domestic workers’ vulnerability to human trafficking.

Finally, issues with the lack of labor protection and legal redress simply come from the fact that Lebanese labor laws do not protect migrant domestic workers’ rights. There are virtually no legal resources available for the women who face abuse or mistreatment in their employer’s home.

Although there have been other studies detailing the poor conditions of migrant domestic workers in Lebanon, Ms. Hamill’s pilot study sought to determine if the workers were being trafficked into a situation of forced labor, servitude, or slavery, though this is very difficult to determine as modern legal definitions of slavery are vague, at best.

After conducting 100 interviews with migrant domestic workers in Lebanon, in addition to interviews with stakeholders in the community, Ms. Hamill concluded that women migrants were indeed vulnerable to human trafficking.  She writes:

“[f]uture work and research is needed in this area. It is urgent that recognition be paid to migrant domestic workers in Lebanon who are vulnerable to human trafficking.  Research will serve to diagnose the precarious situation of migrant domestic workers in Lebanon from a human rights angle. Accordingly, such efforts may also enable the use of international legal frameworks and instruments that Lebanon has already endorsed – and could develop further – vis-à-vis human trafficking, in defending and protecting migrant domestic workers from this point forward.” (Id., pg. 47)

Current initiatives to help migrant workers in Lebanon

This is a complex and sensitive issue that cannot easily be solved. However, thanks to the work of activists on the ground in Lebanon, there have been some small improvements to the conditions of migrant domestic workers.  Wissam Al-Saliby’s blog, Ethiopian Suicides, documents reported suicides by workers in Lebanon and brings awareness to their vulnerable situation.  Nasawiya and Migrant Workers Task Force (MWTF) hosts training sessions for Arab employers and English and Arabic classes for the migrant domestic workers.

Conclusion

While grassroots organizations are on the right track in helping to ameliorate the situation of migrant domestic workers in Lebanon, it is also important to address and improve the inherent structural issues of the sponsorship system itself. This may include allowing migrant domestic workers to freely change employers without being bound to a single employer. In addition, it is necessary to follow through with the prosecution of abusive employers and private agencies in cases of slavery, forced labor, or confiscation of identity documents.

As Ms. Hamill’s study concludes, this is a complex situation and therefore, questions remain surrounding these issues.  What is clear is the importance of taking immediate action and bringing global awareness to the plight of Lebanon’s migrant domestic workers in order to prevent the further abuse of vulnerable human beings caught in a corrupt system.

For a thought-provoking perspective, please watch “Being a Domestic Worker: Sri Lankiete Libanieh,” a short satire film about a Sri Lankan woman as the “Madame” and a Lebanese woman as the maid.

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Elizabeth Hebert, M.A. Conflict and Dispute Resolution, University of Oregon

Issues regarding refugees have plagued the international community throughout the 20^th and 21^st centuries (UNHCR 2000). Refugees present a unique set of problems to their host countries throughout the world, as well as raise both theoretical and practical questions on the issues of forced migration, migrant’s rights, and host countries’ responsibilities and limits thereof (See *Forced Migration Online).  Following the end of WWII, the United Nations worked to address the issue of European refugees.  On December 3, 1949, the UN established the UN High Commissioner for Refugees (UNHCR) in order to find solutions for displaced people.  The statutes of the UNHCR were ratified and accepted at the ‘Convention Relating to the Status of Refugees of 28 July 1951,’ or the ‘1951 Convention’ (**Knudsen, 2009, p. 53).  If a country is party to the 1951 Convention, it is responsible to provide an environment free of discrimination to refugees, access to the labor market, access to the courts, access to healthcare, access to public education, the freedom of movement, and identity papers among other rights guaranteed in the 1951 Convention and its 1967 Protocol. Lebanon along with all other Arab countries, except Egypt is not party to the 1951 Convention (Knudsen, 2009).

Palestinian refugees were, however, not included in this convention (Id). Forced to move from their homeland since 1948, hundreds of thousands of Palestinians have relocated throughout the Middle East.  The United Nations Disaster Relief Project (UNDRP) was the first organization created to respond to the crisis of the Palestinians who had been forced to flee, or had chosen to leave their homes. Following the lack of the UNDRP’s success due to poor performance and the threat of war that engulfed them, the UN Relief for Palestinian Refugees (UNRPR) was created, then the UN Conciliation Commission for Palestinians (UNCCP), and finally the UN Relief and Works Agency for Refugees in the Near East (UNRWA), which is the organization that is still in place today to address the needs of the Palestinians living throughout the Middle East (Knudsen, 2009, p 52-53). UNRWA is operational in Jordan, Syria, Lebanon, the West Bank, and the Gaza Strip and is only available to the Palestinian refugees who are residents of one of these countries (Knudsen, 2009, p. 54).

While some Palestinians have successfully integrated into their host countries, others have been marginalized and given few opportunities to succeed. Lebanon, Jordan, and Syria are countries with significant populations of Palestinian refugees, due to their proximity to Palestine. Jordan and Syria are considered to have semi-successfully integrated Palestinians into their societies; while in Lebanon, Palestinians have found themselves without basic socio-economic and civil rights. Decree No. 117780/1948 of Lebanese law (13 May 1948) defines Palestinian refugees in Lebanon as “every person who sought refuge in Lebanon as a result of the conflict in Palestine, regardless of nationality, original residence location, and economic situation.”

Lebanon has not granted Palestinians full legal and socio-economic rights, which has created a situation of poverty and deprivation. During the last 60 years since Palestinians have been in Lebanon, the government has granted them various rights and then later taken them away, such as the right to own property. Palestinians at one point had the right to own property, however, now they do not have this right.  Likewise, regional and international governments and organizations have, for the most part, failed to address Palestinian refugees’ needs in Lebanon on all levels.

After analyzing the situation of Palestinians in Lebanon, I have found that they lack the necessary access to the Lebanese labor market. I argue that the status of Palestinians in Lebanon and their lack of access to work opportunities have been formed by a complex web of the political and historical context, the state of the economy, and the lack of consensus among Lebanese politicians. Indeed, I argue that these reasons have led to a policy of deliberately ignoring Palestinians, which I believe could be mitigated by taking small steps on a local level.  More broadly, the situation of Palestinians in Lebanon is multi-layered, and requires action from the international community, the Lebanese government, and the Lebanese and Palestinian communities.

After completing my field research, I also came to the conclusion that there is significant unwillingness to integrate Palestinians into the Lebanese society and grant them basic socio-economic rights. I believe that this is also related to the two types of discrimination—institutionalized and individual.  In my research, I found that discrimination is a major issue that needs to be addressed in considering ways to increase Palestinian access to the labor market.

Institutionalized discrimination or essentially the discriminatory laws, contribute significantly to the difficulties Palestinians face in gaining access to the labor market. As it is now, even with new legislation in place, it is still difficult to get a work permit. Interviewees commented that the August 2010 labor law amendment to Article 59, which grants Palestinians access to the labor market without applying the principle of reciprocity of works permit fees to them was a step in the right direction, but did not eliminate all the issues Palestinians face. With inspiration and motivation from the international community and recent revolutions throughout the Arab world, Palestinians in Lebanon can hold onto their right to access to basic socio-economic and civil rights they have been denied.

Bibliography:

*Forced Migration Online

**Knudsen, A. (2009). Widening the protection gap: The ‘politics of citizenship’ for Palestinian refugees in Lebanon, 1948-2008. Journal of Refugee Studies, 22(1), 51-73.

To request access to Elizabeth Hebert’s entire graduate thesis, please contact her through her website, On the Olive Tree.

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Editor’s Note:  For more information, visit Free Middle East.com

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Earlier this month, I was contacted by Amol Mehra, an international human rights attorney and co-founder of Right Respect,  a non-profit organization dedicated to creating a dialogue between businesses, policy makers, and human rights advocates to “ensure that human rights concerns are given the right respect in business activities.”

I was immediately impressed with Mr. Mehra’s work as well as the mission and brilliant vision behind Right Respect – helping companies define internal policies and procedures to make certain that company standards adhere to universally-recognized human rights principles.

The intersection of human rights and business practices

Identifying and promoting the link between human rights and business practices is an important and growing part of the business model and has become more visible in recent years, especially due to the widespread availability of information found on the Internet.

One of the first major international companies to incorporate human rights into its business practices was The Body Shop, a British company, which is the second largest cosmetics company in the world. Over the years, The Body Shop, through its founder Anita Roddick, has proven its dedication to human rights, green standards, and ethical trading practices. This has been accomplished through a variety of initiatives, such as The Code of Conduct for Suppliers, which upholds standards for humane treatment and safe working conditions for workers and provides that no child labor excessive working hours and The Community Trade Program, which creates sustainable trading relationships with developing countries and their local communities

Likewise, boot manufacturer Timberland follows a tangible and strict Code of Conduct that specifically invokes human rights principles and treaties.  “We respect and promote the Universal Declaration of Human Rights and the International Labor Organization (ILO) conventions that establish international human and labor rights…We seek to apply both the letter and the spirit of all applicable local laws and to promote continuous improvement in our operations. We hold our business partners to these same standards and actively seek partners who share our beliefs.” (Preamble, Timberland Code of Conduct)

In a recent article about Timberland’s ethical business practices, Right Respect contributor and Juris Doctor degree candidate at the University of San Francisco School of Law, Shilpa Thakur, explains, “Globalization demands that human rights be extended to everyone. No longer can the developed world rely on its own markets to drive their economies. By implementing a Code of Conduct such as Timberland’s, it is a step towards the installation of human rights and ultimately meaningful, significant and lasting economic growth.”(For more information about Timberland’s ethical business practices, please see “Right Respect Best Practices: Timberland” dated July 29, 2010.)

Right Respect’s model of better business practices – “Doing Well by Doing Good.”

As explained on its website, Right Respect uses a four step approach to identify and address relevant human rights concerns in the business world.  This analysis includes, 1.) Identify the issues, 2.) Explain the legal and policy significance of these issues, 3.) Collaborate with shareholders about these issues and 4.) Progress, in order to create and implement solutions.  

Mr. Mehra currently uses this four step approach in analyzing human rights concerns in several industries, perhaps most notably, Private Military and Security Companies (PMSC), also known as Private Armed Forces or Global Security, which are “legally established international firms offering services that involve the potential to exercise force is a systematic way and by military or paramilitary means, as well as the enhancement, the transfer, the facilitation, the deterrence, or the defusing of this potential, or the knowledge required to implement it, to clients.” (PMSC website).  Mr. Mehra, along with his colleagues at Right Respect and human rights advocacy group, Human Rights Advocates, explains that PMSC actors need to be held accountable for the actions they commit in the course of their employment at an international level.  Specifically, he explains that this can be accomplished through a Convention, or Treaty, much like the Convention Against Mercenaries or The Geneva Convention, which would essentially ”fill in the gaps” that exist in current treaties and as related to PMSC’s. Mr. Mehra also supports the envisioned Committee on the Regulation, Oversight and Monitoring of Private Military and Security Companies, which would act as an accountability mechanism to ensure PMSC compliance with international human rights norms. (For more information, read Mr. Mehra’s article entitled, “Guiding Principles for the Convention on Private Military and Security Companies.”)

In a relatively short span of time, Right Respect has begun to make great strides where human rights meets business. I encourage all of the readers of The Human Rights Blog to visit Right Respect’s website to learn more about this great organization and the talented, young legal minds who comprise the staff. In addition, Mr. Mehra kindly permitted me to post one of his recent articles here on The Human Rights Blog entitled, “Conflict Minerals and Financial Reform – Protecting Human Rights through Disclosure Standards.”  I hope you all will read it with as much interest as I did.

Conflict Minerals and Financial Reform – Protecting Human Rights through Disclosure Standards

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