Uruguay has 120,000 domestic workers. The government adopted a strong national law in 2006 to protect the rights of domestic workers, which includes provisions for an eight-hour workday, adequate food and housing for live-in domestic workers, and safeguards for domestic workers terminated because of pregnancy.

Ratification of the ILO Convention 189 is part of the ITUC’s 12 by 12 Campaign.  Details of the campaign can be found in:  http://www.ituc-csi.org/travailleurs-euses-domestiques,513.html

While some of the details of the new scheme are still unclear, the government has announced a six month – one year implementation timeline before the wages will take effect. The time before implementation should allow government, employers and trade unions to work out the details of how the wage will be monitored, applied and revised.

The current Malaysian government official poverty level is defined as 760 RM per month, with some sources stating that the cost of living in Sabah and Sarawak is 15-25% higher than in Peninsula Malaysia.

Earlier this year, Michel returned to his home country, the Philippines to take care of his grandmother suffering from Alzheimers.  At the time, Michel had been aggressively fighting an order to leave from the South Korea Immigration Office which alleged that he had “pretended to work in disguise at a fake company,” and thus failed to meet the E-9 visa requirements. 

Despite attempts by Michel and the MTU in providing evidence which refuted the allegations, the Immigration Office ordered him to leave South Korea by March 7.    In calling for the forced expulsion of Michel, the South Korean government was once again attempting to undermine the MTU as it has done since MTU was founded in 2005.  Previous Presidents and leaders of the MTU had been arrested and deported.

The MTU’s campaign for legal recognition is supported internationally by trade unions including the BWI, human rights organizations such as Amnesty and the ILO, where the Committee on Freedom of Association (CFA) has made several recommendations in favor of the MTU. 

In 2011, the CFA urged the South Korean government, “to refrain from any measures which might involve a risk of serious interference with trade union activities and might lead to the arrest and deportation of trade union leaders for reasons related to their election to trade union office.”

In addition, the CBA builds on the union’s objectives reached in the frontrunner agreement (engineering/metal, textiles etc), which was concluded two weeks ago, and includes some specific achievements for construction.

 The main components of the agreement are as follows:

• Two weeks of paid paternal leave after birth;
• Increase in the minimum wage within the building industries according to seniority and skill;
• Increase in shift premiums; and
• Agreement on less government interference in system of general applicability.

The government has stated that they are taking actions to ensure that the “temporary foreign worker program support our economic recovery and effectively responds to local labour market demands.” 

Not surprising the move by the conservative government led by Stephen Harper is welcomed by employers.  However, it is heavily criticized by migrant rights groups and trade unions which have raised concerns about the program from the beginning.    According to the Canadian Auto Worker President Ken Lewenza, “The changes to the temporary foreign worker regulations will only increase abuse and lower conditions for migrant workers.”

In an editorial to the Globe and Mail, a major Canadian daily, Ken Georgetti, President of the Canadian Labour Congress stated, that “We support people coming to Canada as landed immigrants to fill demonstrated skills shortages. But the government’s plan is unfair. It will simply provide low-wage labour to business at the expense of Canadian communities and migrant workers trying to provide for families they left behind.

In addition, under the new rules, employer requests for importing highly skilled workers will be responded to within 10 days, as opposed to the current 12-14 weeks required for a Labour Market Opinion. The government has stated that the new regulation changes will only apply to highly skilled jobs but it may cover other areas. 

This comment is similar to when the Temporary Foreign Workers Program was implemented in 2000, where it was initially to address shortage of software specialists but with pressure from the employers it has expanded to cover a wide range of industries.  It is estimated that as of 2011 there were over 300,000 temporary migrant workers in Canada working the agricultural, service, food processing, oil and refinery, and manufacturing industries.

As of mid April of this year, at least 23 Indian migrant workers have killed themselves.  In 2010, 50 migrant workers had committed suicide and another 54 in 2011.

The high number of suicides has raised serious concern amongst the Indian migrant community in Oman as well as trade unions and organizations in India who are advocating for the rights of migrant workers. 

Although embassy officials have stated that the Indian Mission is available to provide assistance to Indian workers in distress, it is clear that much more needs to be done.

This context was analyzed in the chapter on Brazil of the publication “Políticas Migratórias na America do Sul” (Migration Policies in South America), named “Brasil- Informe sobre a legislaçao migratória e a realidade dos migrantes”. The study aims to systematize migration policies and to examine the main aspects that influence the living conditions of migrants in various countries in South America. The study is being conducted by the Rede Espaços sem Fronteiras which is consists of a number of South American organizations that aim to promote human rights of immigrants.

The legislation that regulates the conditions for foreigners to live or visit Brazil is Law Number 6815/80, was established in 1980, during the military dictatorship.  The authors of the study criticize this law because it does not aim to promote human rights; on the contrary, it “imposes bureaucratic controls and restrict the possibilities of living in Brazil.”[1]  In addition, the authors call for changes to the current Brazilian law to promote the rights of migrant workers and for Brazil to ratify the UN 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Another problem is that the Brazilian legislation does not recognize any political rights for immigrants. Brazil is the only country in South America where immigrants are not allowed to vote at any level of political administration. In addition, according to the law 6815/80 Art 106- VII it is forbidden to foreigners to participate in the administration or representation of a trade union or professional association.

The launch of the publication occurred at the beginning of March and was attended by representatives of trade unions including BWI affiliates, NGOs, public authorities and academic institutions.

BWI affiliates have worked with a number of GEFONT Support Groups to ensure the rights of Nepali migrant workers as well as to outreach and recruit them into trade unions.  In Hong Kong, the GEFONT Support Group along with the BWI affiliate, Construction Site General Workers Union in forming the Nepalese Construction Workers Union.  Most recently, the Support Group in Malaysia has been instrumental in the establishment of the Trade Union SMS Help Line which is a conduit to provide essential services to all migrant workers in Malaysia.

 With ratification, the Indonesian government now is obligated to align its national legislation with the components of the convention to ensure the protection of the basic rights of migrant workers and their families.  Some of these areas would be the right of migrant workers to join trade unions, the right to return to their country of origin and the right to be informed of conditions employment prior to departure.

 According to the Foreign Ministry of Indonesia there are approximately more than 3 million Indonesian working abroad; however, many migrant and human rights groups estimate the numbers are far higher particularly if you include irregular (undocumented) migrant workers.  The majority of migrant workers are employed as domestic workers or in agricultural, construction, and service sectors in Malaysia, Hong Kong, and the Gulf Region.

Chalee’s case was brought to court by the Human Rights Development Foundation (HRDF), where the legality of his detention was challenged and compensation for his suffering was sought. The court found in favour of Chalee, stating that the manner of his treatment contravened important human rights and judicial procedures in Thailand.

Despite an original verdict awarding Chalee financial compensation for his treatment, this element was subsequently overturned on appeal by the Immigration Bureau. However, the original finding detailing the abuses he suffered was maintained. This verdict is an important step in ensuring the respect and protection of migrant workers’ rights in Thailand.