The Lebanese Center for Human Rights (CLDH) is a local non-profit, non-partisan Lebanese human rights organization in Beirut that was established by the Franco-Lebanese Movement SOLIDA (Support for Lebanese Detained Arbitrarily) in 2006. SOLIDA has been active since 1996 in the struggle against arbitrary detention, enforced disappearance and the impunity of those perpetrating gross human violations.

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February 25, 2012

The daily Star - KAFA proposes draft law to replace ‘kafala’ system for migrant workers, february, 25, 02


By Olivia Alabaster

BEIRUT: A draft proposal to replace the sponsorship system for migrant domestic workers in Lebanon was introduced by the rights organization KAFA (enough) Violence & Exploitation Friday, with outgoing Labor Minister Charbel Nahhas giving his full support to the initiative.The comprehensive policy paper outlines the main problems arising from the sponsorship, or “kafala,” system, and suggests recommendations for how the entire process, introduced in the 1946 legal code, could be revamped.
Removal of the sponsorship system – which ties a migrant domestic worker’s residence permit to one specific employer or sponsor in Lebanon – would allow for increased rights for the country’s some 200,000 migrant domestic workers, as well as a better situation for their employers, the report, funded by the Norwegian Embassy, argues.
Speaking at the launch, KAFA director Zoya Rouhana said that the current system is “leading to huge violations of domestic worker’s rights.” She also thanked Nahhas, who resigned from his post this week after political pressure, for his support thus far.
“For the first time, the [Labor] Ministry had begun taking our advice. We had been looking forward to working with Nahhas,” Rouhana said.
Kathleen Hamill, a lawyer and author of the report, introduced the key findings. The sponsorship system denies worker’s freedom of association, freedom of movement and a lack of legal redress.
Questioning whether the sponsorship system was a form of legalized slavery, Hamill said it renders migrant domestic workers vulnerable to exploitation, including long working hours and detention within the house.
Ultimately, she added, this forces many to choose between running away, then facing detention, repatriation and possibly blacklisting or suicide. One migrant domestic worker dies each week in Lebanon, according to Human Rights Watch.
Reforming the system is only a small part of a wider process, she said, but it might go some way in “helping to address the pervasive racism in society,” Hamill said.
The recruitment process itself must be entirely overhauled, the report recommends, including greater regulation of the country’s some 400 recruitment agencies, many of which are unlicensed. Eventually, an online database could replace private agencies entirely, the report adds.
To increase labor mobility of workers, employment-based visas should be introduced, which would allow workers the right to resign with one-month notice. A grace period would “reduce the power each sponsor has to summarily terminate an employee’s work contract,” the report says, avoiding the possibility of “a migrant domestic worker literally in her pajamas at the airport because she served the chicken on the wrong side of the table,” Hamill said.
The introduction of easy exit procedures would enable workers to come to the authorities at any point without fear of detention, the report adds.
The report suggests that the National Employment Office, under the Labor Ministry, takes full responsibility for the entry, residence, employment, transfer and departure of migrant domestic workers.
It is also important to update the working relationship, the report adds, so that workers are not “beholden to their employers.” Workers should be allowed to leave the house and be granted holiday leave.
Access to social protection and legal recourse must also be ensured, the report adds, so workers no longer have to resort to “reaching out across balconies for help,” Hamill added.
Nahhas – who last month said that domestic workers should be included in the Labor Law – confirmed his support for the policy draft Friday, saying it would help redress the imbalance between employers and employees. The “kafala” system, he said, was developed in a different era.
While in office, Nahhas had written amendments to the Labor Law, but they were not adopted for “bureaucratic reasons,” he said. The amendments would have included domestic workers, whether Lebanese or foreigners, within the Labor Law.
The outgoing minister also recommended a contract for employers and their workers whereby salaries are paid into a bank account monthly. An initial probation period would also allow either employee or employer to withdraw from the contract.


http://www.dailystar.com.lb/News/Local-News/2012/Feb-25/164572-kafa-proposes-draft-law-to-replace-kafala-system-for-migrant-workers.ashx#axzz1nNx9Rqb0

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