Migrant Domestic Workers visible and making a difference!

Press Release by
Commission for Filipino Migrant Workers
December 8, 2005

AMSTERDAM  –  Migrant Domestic Workers, women and men work in the Netherlands in conditions where their human rights are unprotected and violated. This was revealed in 'Migrant Domestic Workers Visible & Making a Difference' - a Research Report on the living and working conditions of Migrant Domestic Workers (MDWs) launched on December 2 by the Commission for Filipino Migrant Workers (CFMW) in Amsterdam. The Report documents a situation where no contracts are available to workers and when they are undocumented, MDWs are additionally vulnerable to abuse and denial of their rights. 

Currently in the Netherlands and in some other countries in Europe, domestic work in the private household is not recognised as proper work nor as a category for immigration.  At the same time, the demand for migrant workers in the private household has increased significantly in the past decade due to changes impacting on the labour force resulting in many more women working outside the home. 

The Research involved interviews with a 182 MDWs – 116 Filipinos,  28 Ghanaians, 29 Nigerians and 9 from other nationalities working in the private household in Amsterdam, The Hague and Utrecht. Among those interviewed, 144 were women and 38 were men.

It is widely accepted that domestic work which takes place in the private home is invisible and isolating, and is not easily accessible to the public domain. Workers in this sector are frequently not protected and trade unions do not have access to the private household. 

Violation of labor rights and human rights

Besides the lack of written contracts between family employers and workers, this Report also documents that MDWs work without any social benefits; do not have access to health care or education opportunities; work multiple part-time jobs when 'live-out', including weekends; are on 'total availability' when 'live-in'; are subjected to 'no work - no pay' i.e. when employer is on holiday, or worker is ill; experience constant job insecurity and are afraid to protest experiences, since they fear losing their job. Besides, many MDWs do not have a contract for their accommodation and therefore their tenure is very insecure and can be terminated at the whim of the owner or sub-renter. The Report also identified the difficulties of accessing doctors and medical care. Most MDWs do not have any preventative health check-ups - for blood pressure, heart condition, reproductive health or early cancer detection.  Besides, African MDWs reported how racism effected work availability and rates of payment made as compared to other MDWs.

Unequal power relations & being undocumented

The Report identifies two key issues which underlie these working and living conditions of MDWs: the issue of the unequal power relations between the employers and the workers and being undocumented. According to Fe Jusay, CFMW's Women's Programme co-ordinator, "the major issue here is not the personal qualities of the employer. MDWs interviewed also record fair treatment from employers but the issue is the overwhelming sense of complete dependency on the good will of employers".

Allan, an MDW described it like this "it is as if our human rights are being 'privatised' and depending on the good will of our employer".  The other issue, which lies at the center of this unequal power relation with the employer is the fact that many MDWs are undocumented. Many employers value the work of MDWs and admit that they perform a very important function towards Dutch family and social life.

However, since domestic work is not currently recognised as a category for immigration, this creates a situation where MDWs become undocumented when their original visa expires. As MDWs express it: "circumstances force us to become undocumented – we have no choice".

Urgent need to address the situation of MDWs

The Report calls on the Dutch government and Dutch policy makers to give urgent attention to the vulnerable situation of MDWs and to:

· Recognise work in the private household as proper work

· Ensure the protection of the rights of MDWs as workers

· To put in place an immigration status related to their work as migrant domestic workers

The Report was presented by Fe Jusay during a Round Table discussion followed by a moving performance of Forum Theatre directed by Claire Fossey and presented by MDWs who engaged the audience in lively spect-actor exchanges. This programme was co-organised by CFMW, TNI, Trusted Migrants and Respect NL. 

The Round Table discussants, chaired by Brid Brennan (Transnational Institute) included Amsterdam City Council member Jupin Haffmans (Amsterdam Anders-De Groenen); Charlotte van Baren - ABVAKABO Trade Union; Evelyn Schwarz - Diakonie; Bob ter Haar – Pastoral Programme Rotterdam; Lourdes Gordolan, Compas Research Center- Oxford; Margaret Healy, KALAYAAN-UK & RESPECT-Europe; Wytze de Lange, X min Y Solidariteit Fonds and Petra Snelders Migration policy expert.

At the conclusion of the programme, which also marked the celebration of December 10, Human Rights Day and December 18, Migrant Rights Day, the panelists expressed their responses by committing their co-operation and participation in further developing the campaign for the rights of MDWs in the Netherlands.