International experience and lessons learnt MIRPAL Annual Conference Dushanbe 21-23 May 2012

1. Importance of efficient pre-departure orientation for safe migration of women (with a focus on domestic workers) International experience and lessons learnt MIRPAL Annual Conference Dushanbe 21-23 May 2012 Martina Lubyova Institute for Forecasting Slovak Academy of Sciences

2. NexusMigration – Women - Domestic Work Rationale • Numbers of Domestic Workers increasing (including in developed countries – care-work, etc.) • High concentration of DW amongst females • High concentration of DW amongst migrants

3. NexusMigration – Women - Domestic Work Structure of presentation • Migrant workers in CIS - selected facts • Gender discrimination protection • Domestic work – scope, definition, coverage by international standards and labor law, economic measurement • Pre-departure orientation

4. I. Migrant workers in CIS recent developments • Russia continues to be the main recipient country, but structure of migration changes • Declining inflows, but stocks not declining • Increasing share of females among migrant workers including illegal (e.g. according to Tajik migration service estimates the female share in illegal migration doubled since 2003 and reached about 12 %) • Introduction of patents in Russia largely facilitated migrant work outside employment relationship - a path taken by many former illegal migrants including women

5. II. GENDER protection under ILO/UN regulatory framework • ILO 4 keyGender Equality Conventions: • Equal Remuneration C100 • Discrimination (Employment and Occupation) C111 • Workers with Family Responsibilities C156 • Maternity Protection C183 • UN standard - CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) of 1979 by the UN General Assembly

6. III. Scope of DW worldwide

7. III. DWcharacteristics • Vulnerability to discriminatory, dangerous, abusive working conditions • Informality poses challenges to measurement, monitoring, and thus also to planning and evaluating policies. • Complexity poses challenges to coordination of policies. Special approaches needed.

8. III. DWdefinitions • Notion of DW: DW = a household work (distinct from home work, i.e. a work carried out by workers in their own home rather than the workplace of an employer) • Legal definition of DW (ILO Convention 189): • Positive def.> work performed in or for a household or households. • Domestic worker = any person engaged in domestic work within employment relationship • Negative def.> self-employed, independent contractors, persons performing DW occasionally, sporadically and not on occupational basis are not considered domestic workers (under C189)

9. III. DWcoverage through ILS • International labor standards (ILS) - problematic coverage of DW: due to specificity of DW effective application of standards is difficult - many countries opted for explicit exclusion of DW from ratified ILO conventions through the so-called flexibility clauses • A new dedicated ILO Convention 189 adopted in 2010 (ratification record remains to be seen)

10. III. DWcoverage through labor law • National labor law coverage of DW - mainly implicit, only a few countries have explicit provisions for domestic workers • General assumption – DW is covered unless explicitly excluded

11. III. DWmeasurement Economic classification: ISCO categories • 512 housekeepers, • 513 home-based personal care workers, • 913 domestic and related helpers, cleaners and launderers Source of data • Direct - household-based surveys: LFS, Population Census, etc. • Indirect - remittances, migration flows Classification and measurement remains to be a challenge

12. IV. CIS workers hired in RF in 2010 – work permits and patents (Source: O. Chudinovskikh, OECD SOPEMI Report RF 2011)

13. IV. Shares of CIS workers hired in RF in 2010 under work permits arrangemens and patents sold to them by nationality(Source: O. Chudinovskikh, OECD SOPEMI Report RF 2011)

14. IV. Pre-departure orientation Rationale • Domestic work subject to special vulnerability • Women migrants - special vulnerability to trafficking, abuse (including by fellow migrants), domestic violence, wage discrimination, etc.

15. IV. Pre-departure orientation - lessons Responsible institutions • Pre-departure orientation – sending countries´ responsibility, receiving countries´ interest

16. IV. Pre-departure orientation - lessons Responsible institutions at both sides • Sending country • recruitment agencies (typically PREA) • embassies in recipient countries • Receiving country • government agencies • trade unions • NGOs

17. IV. Pre-departure orientation - lessons Content • Language, rules and regulations, rights Form • Simple user-friendly format, Q&A, pictures, etc. • Instruction courses, information materials and brochures

18. IV. Pre-departure orientation – selected country experience Azerbaijan Migrant Resource Information Centers set up in 4 regions with trade unions involvement Bilateral agreements regarding migrant workers issues concluded between Azeri and Russian trade unions and Azeri and Georgian trade unions Tajikistan Training at the Tajik PES with FMS support Kyrgyzstan Information brochures prepared by MoL distributed through Kyrgyz Embassy and NGOs in Russia

19. IV. Pre-departure orientation • Thank you for your attention!