As economies open up for competition to enhance growth in an increasingly globalised world, developing countries with minimal comparative advantages have taken the option of providing cheap and flexible labour to the world market. The UN Population Division estimates the global migrant population in 2005 at between 185-192 million people – up from 175 million in the early 1980’s. However, the classical profile of a migrant worker has shifted from a male to a single or a married woman leaving the home alone or with her spouse to support her family and community.

Demographic transition experienced by some countries demands labour from other countries to off set their own labour shortage. At the same time, in economically booming countries, more women are participating in the workforce. Hence, migrant women workers are brought in to occupy the reproductive segment of the labour force such as domestic work, informal sector and the emphatically described ‘entertainment industry’- sex industry. Recent surveys have revealed that more than 90 percent of the 240,000 domestic workers in Malaysia are Indonesians. Currently, at least 74 percent of 2,000 Filipinos that leave the country daily are women, mainly as domestic workers or to do other unskilled work.

The promotion of domestic work to women migrant workers by destination countries is being systemised and incorporated in the sending countries’ policies in order to gain foreign earnings. By 2005, total remittances worldwide by migrant workers have surpassed the US$126 billion mark. Forced by growing competition, sending countries are veering towards deregulating labour markets. Host countries are adopting more restrictive immigration and labour policies, ensuring a niche for its local labour. This results in lesser protection for migrant workers and increasing vulnerabilities to human rights violations. One such example is Malaysia’s crackdown on undocumented workers that commenced in March 2005. The crackdown has created more unlawful arrests of migrant workers. Continuous holding of passports by employers and lack of thorough investigations had led to migrants being incessantly charged and punished.

Within the migrant population, women are more marginalised as their labour is considered unskilled and cheaper. Surveys show that women work longer hours than men and at least half of women’s total work time is spent on unpaid work. Indonesian women domestic workers in Malaysia typically work gruelling 16 to 18 hours, seven days a week, and earn less than U.S. $0.25 per hour. National accounting systems do not account for this creating this invisibility of domestic work which translates into lack of government support for the recognition of their labour rights. Also, the individualisation of domestic work restrains workers from collective bargaining and assertion of their labour rights. Domestic workers are more vulnerable to exploitation, due to their subordinate status as women and as foreigners. They face discrimination on the basis of gender, race, class, caste, religion and other social statuses. There are numerous cases of employer abuse reported every week by women migrant domestic workers in host countries.

Increased level of foreign direct investment is often characterised by the growing number of special economic zones/ free trade zones, such as those seen in Fiji, Malaysia and South Korea. These zones target cheap and flexible labour to maximise profits. Women workers in these countries as well as migrant workers are concentrated in these sub-standard places of employment with minimal labour protection. Women workers in these sectors bare the brunt of economic contraction of the country and are discriminated against in terms of working hours, maternity leave and childcare. Jobs are fragile as the zones can easily close down due to competition from other countries offering more profitable conditions such as even cheaper labour and fewer requirements on workers’ rights. As a result, these women workers are more vulnerable to violence and their relative isolation, making them the hardest group to reach and assist.

2005 will be remembered for its natural catastrophes. Relief efforts for victims of the 26 December 2004 Indian Ocean tsunami continued well into this year. In terms of migration, thousands of Burmese documented and undocumented workers were affected in Thailand; plans of some governments to deport migrant Indonesian workers were delayed; survivors in other countries spurred to move out of their traditional space to rebuild their lives; and made thousands of orphaned children vulnerable to exploitation. In October, a massive earthquake in northern Pakistan killed at least 87,000 and left millions displaced.

Amidst this scenario, a few notable gains were made in 2005. Internationally, it was encouraging to see civil society organisations and institutions push for the protection of the human rights of migrants and ratification of the U.N. Migrant Workers Convention. Regionally, in India, after lobbying by parliamentarians and states, the Planning Commission released a list of 200 districts where the National Rural Employment Guarantee Act will be implemented. The Act safeguards the right to work by providing guaranteed employment at the statutory minimum wage to at least one adult per household who volunteers to do casual manual labour in rural areas. The Cambodian government, employers and workers organisations met in December in an open and collaborative way to revise labour laws attuning it to the nation’s development needs. Also in December, thousands of representatives from various labour and migration organisations joined forces in Hong Kong to collectively protest against the World Trade Organisation. This show of unity in the portrayal of misery and anger has led to the global showcase of issues impacting lives of workers both in-country and as migrants. 
These gains are significant, however the attainment of equal opportunities, legal protection and fair entitlements for workers is still being firmly challenged by the onslaught of globalisation and repressive policies across Asia Pacific. L&M Task Force members continued to lobby for policy reform, and strengthening links between grassroots organisations and national level efforts in bringing about awareness of labour and migration issues in their countries and in the international fora. With this in mind, the L&M Task Force’s objectives for 2003-2005 were:

• To develop an acceptable working definition of “domestic work” with APWLD members and partners towards the State recognition of domestic work as work;
• To strengthen the capacity of APWLD members to build alliances at national, regional and international levels for the recognition of migrant women’s rights; and
• To identify and expose exploitative and discriminatory policies and laws affecting women workers in free trade zones in Asia Pacific.

Migrant Women Domestic Workers

The pressing need for state recognition of the importance and value of women’s domestic work has been a central focus for the L&M Task Force in its activities over the last few years. Activities under the programme’s objective to develop an acceptable working definition of domestic work is aimed at eventually enabling members to work on securing equal protection of migrant and non-migrant women domestic workers on levels with all other workers.

One of the obstacles in achieving formal recognition of domestic work has been the lack of consensus on a definition of what constitutes domestic work and a domestic worker. The absence of clear definitions has allowed governments to exclude this group of workers from standard labour protections with impunity. As one of the activities which is part of the ongoing campaign, the L&M Task Force has in the later half of 2005 commenced a research which will collate baseline data on the scope of work which is expected of migrant domestic workers in two sending (Indonesia and the Philippines) and two receiving (Malaysia and Hong Kong) countries and the existing legal standards which are currently applicable to this sector.

The research, using feminist participatory methodologies and under the women human rights framework, is intended to provide an appropriate definition of domestic work which encompasses all aspects of the work undertaken in this sector and which can then be used by APWLD network members for lobbying for the full protection of this group of workers within national legislation. Initial plans had pegged the research to be completed by June 2005, however due to difficulties in finding appropriate researchers and the lack of Secretariat staff during the programme cycle 2003-5, the research will now be finalised by April 2006. The Task Force has finalised the terms of reference for this research and formed a subcommittee to work closely with the selected researchers. The final output will be published and will form the basis for discussions on advocacy at the national level.

An integral part of the campaign on migrant women domestic workers is supporting efforts of APWLD members working on this issue at the national level. This year, the L&M programme supported a poster campaign initiated by Komnas Perempuan, a member from Indonesia, on protecting women migrant domestic workers in the Middle East. Under the title ‘Combat Modern Slavery in the Middle East’, the campaign was launched in December 2005 to create more public awareness and support on this issue. After the 1990’s economic crisis, many Indonesians opted to finding employment abroad. Out of about 400,000 Indonesians leaving per year to find work abroad, more than 70 percent are women. And out of this about 90 percent work as domestic workers mainly in the Middle East. There are many incidents of exploitation, physical torture and even sexual abuse by employers and recruitment agencies for which there are little or no formal protection systems.

The poster fits into the larger campaign strategy which provides information on the number of Indonesian women migrant workers in the Middle East and their situation; building awareness amongst the general public that these women have significantly contributed to the national economy; and to engage the civil society to force the Indonesian government and government’s of the Middle Eastern countries to formulate formal and explicit protection systems for migrant workers. The target groups for this campaign include NGOs working on the protection of women migrant workers; government officials from areas where the women migrant workers come from; government ministries working on migrant workers issues; embassies of receiving countries; national and international labour organisations; and recruitment agencies.

Meeting with the UN Special Rapporteur and Committee on Migrant Workers

Within the larger framework of policy intervention, one of the main activities of the L&M programme has been to work with the UNSR on the Human Rights of Migrant Workers. The Task Force has had a successful relationship with Ms. Gabriela Rodriguez Pizarro, the former UNSR. Ms. Pizarro’s 2003 report focused exclusively on the position of migrant domestic workers within the context of globalisation. This was partially the result of continuous awareness raising done by the APWLD L&M Task Force.
 
During the 2005 L&M Task Force meeting it was decided that the Task Force would actively seek an audience with the new UNSR on the Human Rights of Migrant Workers, Mr. J.A. Bustamante and the Chairperson of the Committee on the Convention on Migrant Workers, Mr. Prasad Kariyawasam. As the UNSR has just started his term and is yet to announce his main area of focus, the meetings provided timely discussions on ways and means of developing effective collaboration and to familiarise him on contentious issues of the region.

Two representatives from the Task Force Tati Krisnawaty (Convenor) and Avelina Rokoduru met with the UNSR and Committee members in Geneva from 12-16 December. They were invited to attend as observers the third session of the Committee on the Protection on the Human Rights of Migrant Workers; a day of general discussion on protecting the rights of migrants as a tool to enhance development; and informal meetings with Chairperson of Committee and UNSR. The members introduced APWLD, explained the work the L&M programme does in Asia Pacific and presented an intervention at the general discussion outlining the issues surrounding the feminisation of migration in Asia, underlining it from a gender perspective. The members requested that the UNSR and the Committee urge all states to uphold the principles of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and to continue identifying, exposing and challenging exploitative and discriminatory policies and laws which affect migrant domestic workers. They also called upon the UNSR to have regular regional consultations with NGOs in Asia Pacific and assured APWLD’s support in working together with other NGOs in the region and readiness to facilitate this process.

The UNSR and Committee have concurred with the Task Force on the issues presented to them and have stated their willingness to support NGOs in Asia Pacific and build alliances at regional and international levels to work for the recognition of the rights of women migrant domestic workers. And as a result of the Task Force members lobbying, representatives from regional NGOs working on migration issues will be invited to the UN High Panel Dialogue on Migration and Development to be held in New York in September 2006. Other activities in relation to this will be reflected in the L&M programme for 2006-8.

Participation at Regional and International Fora

The L&M Task Force has continued to raise women migrants and workers issues at various regional and international venues during this reporting period.

In April of 2005, Task Force Convenor, Tati Krisnawaty and Co-convenor, Aegile Fernandez represented the interests of women migrant domestic workers from Asia Pacific at the 61th Session of the UNCHR in Geneva. On behalf of the Task Force, Tati and Aegile attended workshops on the Human Rights of Migrants, panel meetings and discussion sessions on relevant issues. They were also able to meet with the Chairperson of the Committee on Migrant Workers and Aegile had an informal meeting with Gabriela Rodriguez, the outgoing UNSR on the Human Rights of Migrant Workers. As part of their interventions, they raised the issue of the ongoing punishment of human rights defender Irene Fernandez, undocumented women migrant workers in Asia Pacific and the massive crackdown on undocumented migrant workers by the Malaysian government. Written statements were delivered to the Chairperson of the Committee on Migrant Workers, Chairperson of the 61th Session UN Commission on Human Rights, and Special Representative of the Secretary General on the Situation of Human Rights Defenders. Through its presence at the UNCHR the Task Force was able to connect with other groups lobbying for migrants rights.

Women Workers in Tax Free Zones

As part of expanding the scope of its activities, the L&M programme has started a research on the state of women employed in tax free zones. This activity has been delayed and subsequently downsized from two case studies to only that of Korea. It is expected that a comprehensive case study from Korea will be completed by mid 2006.

Korea was chosen as a case study as the government has continuously pursued plans to place itself at the centre of business in North East Asia. As early as 1970, free export zones were created, despite opposition by workers and their groups. To increase the effectiveness of these zones, the Korean government enacted several other legislations in quick succession to enable the government to use these Acts to conclude trade agreements with Chile, Singapore, Japan, USA and the ASEAN+3.
 
These Acts pose challenges for workers as they allow foreign investors to have lower labour standards within these zones and permit them to break down social security nets like education and medical services. Centred on high production over worker rights, economic rationalist policies have resulted in widespread workplace restructuring. This all leads to the weakening of workers ability to fight for decent wages.

To study this, Seoul Women’s Trade Union, L&M Task Force member, will carry out a contextual analysis of legislations relating to tax free zones. The research will pinpoint discriminatory aspects of these legislations and list the impact on the lives and livelihoods of women workers in one of the designated areas. The case study will also look at the push- pull factors that bring women to work in that area; the type of work they carry out; the problems they face in accessing social security and in carrying out their work; the strategies they have for coping and whether there are any mechanisms for confronting their employers; how laws regulating this zone should be reformed to improve the position of these women.

The research will be published in 2006 and will be used as a resource for network members advocating for reform of discriminatory laws affecting women working in these zones. There are Future Plans for the L&M Task Force to include more case studies in the research and to host a regional consultation in order to develop regional strategies for dealing with this issue.

Additional Activities:

Women’s Exchange

Four years ago, Women’s Exchange (WE) was established by a small group of women of different nationalities who were living in Chiang Mai either for work, in exile or taking refuge to create a monthly forum where women could get together to discuss women’s issues. Over time, WE has expanded to include branches all over Thailand, with local NGOs as members also.

2005 WE Annual Conference was held in March, organised by Migrant Assistance Programme (MAP)- L&M Task Force member. The conference hosted 120 participants from organisations and in individual capacity, majority of who were from Burma now living on the border areas of Burma-Thailand and from India. APWLD and some network partners were also invited to participate.

The L&M programme provided support for the four day exchange and contributed expertise in a workshop on the “feminisation of migration”. Discussions concluded with the participants agreeing that having crossed state borders has given them more freedom from patriarchal control that they experienced at home. However, they are not totally free from discrimination as they are prone to exploitation as women migrant workers (semi-skilled and unskilled) and as foreigners. A statement was released listing pressing issues and immediate concerns that arose during the exchange, which was carried by L&M Task Force members to the 61st Session of the UNCHR in Geneva held in April.
 
Poster campaign

As part of ongoing efforts in supporting members’ campaign efforts, in December, the L&M programme supported a poster campaign by Task Force member Ain-O-Salish Kendra from Bangladesh which highlighted the issues of women workers in the garment industry. The working situation of these workers is marked with high propensity of occupational hazards, minimal or no protection of workers rights, and no job security. The garment sector of Bangladesh has been a competitive sector for the country’s economy especially with a 30-year-old textile quota system that was granted under the WTO. However, WTO’s Multi Fibre Agreement has phased out so now the industry has to compete against countries with more comparative advantage. From the protection of workers rights perspective, this will translate into further erosion of worker’s rights and increased migration to look for employment.

Thus, Ain-O-Salish Kendra saw an immediate need to raise awareness about the worsening situation of workers in the country. The poster campaign for rights for all Bangladeshi garment and migrant workers aims raise awareness on the situation of the workers in light of WTO policies and highlight the lack of protection within Bangladesh and for migrant workers; have effective implementation of the labour/workers’ rights and bring groups (NGOs, labour rights organisations) working on the issues of workers rights together. The posters were used as campaign material in Bangladesh in collaboration with WTO Fair Trade Solidarity Network and distributed to 12 partners and 50 network organisations. 

The L&M Task Force decided in its 2005 annual meeting that it would support and participate in the People’s Action Week against the WTO in protest of the WTO 6th Ministerial Meeting in Hong Kong. L&M programme joined efforts of other APWLD members and partners in highlighting the plight of women migrant workers working under increasingly unfair polices.

L&M programme also supported the Asia Pacific Mission for Migrants (APMM), a Task Force member, for the organisation of a workshop on Migrant Workers with focus on GATS Mode IV; supported the participation of Task Force members, Connie Regalado and Pranom Somwong; and Pam Pagabaldo, a migrant workers’ activist in the Philippines.

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