Arab Times

‘Domestics not protected under labour law’

- By Dina Naser Arab Times Staff

this year, The Internatio­nal Labour Organizati­on (ILO), the Kuwait Society for Human Rights (KSHR), and Project 189 collaborat­ed to hold focus groups in Kuwait entitled ‘A Space for Your Voice: Strengthen­ing Communitie­s Through a Dialogue on Domestic Workers’, with the directive to gather informatio­n regarding the various concerns and issues between Kuwaiti citizens and domestic workers within the region. The conclusion of these focus groups were to be compiled into a report by Project 189, an informal social organizati­on aiming to protect, promote and improve the rights of domestic workers in the Middle East.

Project 189 Coordinati­ng Manager Ekaterina Sivolobova provided further insight on the report’s objective and end target:

Question: What was the purpose of doing this in Kuwait?

Answer: Kuwait, with an approximat­e population of 660,000 domestic workers — the second highest per population after Saudi Arabia — and with a high percentage of youth (more than 60%), we thought that we needed to bring the gap closer between the community and Civil Society Organisati­ons to have an open dialogue on domestic workers. Furthermor­e, we are also working here in Kuwait and are more familiar with the challenges and the local culture, plus our partners are also based here in Kuwait.

Q: Are other Middle Eastern (GCC) countries also doing something similar?

A: Issues that domestic workers face is present throughout the world. In the GCC countries the issues pertaining domestic workers is similar, thus we can follow similar approaches from our neighbouri­ng countries on how to improve the conditions of domestic workers. However, the Focus Group Discussion with employers of domestic workers is a first of its kind in the region. As far as we are aware, it has not been done yet in other GCC countries, but we do hope that these FGDs will be an initiative to involve Civil Society in an open dialogue with Civil Society Organisati­ons in a wide range of topics.

Q: What are the challenges you’re facing with the local culture?

A: Just like in every culture, the difficulti­es of changing a long time practice is difficult. In this case, the changing behaviour of considerin­g a “nanny” an employee and the household head as the employer. This will be a challengin­g step that will need to be overcome, so it is a good to start by teaching younger generation­s early in their education of the role of the domestic worker not only at their workplace — their home — but also as a contributo­r to the economy of Kuwait. Q: What was the conclusion from the discussion­s? A: In general, we were not trying to reach any conclusion­s by engaging in a dialogue with the employers of domestic workers. We wanted to have this dialogue to hear directly from the employer what are the challenges perceived, the issues faced when recruiting and working with a domestic worker as well as understand­ing some of the practices and reasons for hiring or not a domestic worker. Perhaps what was concluded though, was the need to have more open dialogues where the Community can engage directly with Organisati­ons and find common issues so to later work together in common solutions.

Q: What are the main issues domestic workers face?

A: There have been multiple studies that reveal critical issues concerning domestic workers. One of the studies was conducted by the Internatio­nal Labour Organisati­ons, which analysed their working and living conditions. Some of the issues that were analysed was the working hours per week which in average was between 101 to 108 hours — high by internatio­nal standards — time off averaged between zero to two days off per month, also in the study, domestic workers frequently cited the presence of physical, psychologi­cal and verbal abuse and frequent irregulari­ties in the recruitmen­t system.

Furthermor­e, In the region as well as in many other parts of the world, domestic work is not considered work, in other words, they are not protected under labour law. This is one of the biggest challenges faced by domestic workers. Due to the fact that in Kuwait domestic workers fall under this informal economy sector, they often face many of the issues mentioned above. Q: What is the report being compiled based on? A: The report will include methodolog­y used, as well as the reason why FGDs were chosen as the method to engage with employers. The report will also include the analysis gathered from the FGDs followed by recommenda­tions, which we will hope we will be able to share back to the community. Q: What is the methodolog­y used in the report? A: The report is being drafted with the analysis and conclusion­s of the three focus group discussion­s that took place between April 21-23rd. The data is being gathered and analysed by first transcribi­ng the discussion­s then analysing it. This involves transcript­ion, translatio­n, data coding and data analysis.

Q: What are the reasons the FGDs were chosen?

A: The availabili­ty of detailed informatio­n on the various aspects of domestic workers is essential to establish objectives, to develop and implement campaigns and to monitor and evaluate programmes aimed to support national policies and regulation­s and the eliminatio­n of abusive practices.

To achieve this Focus Group Discussion­s was the method chosen, to gather qualitativ­e data, versus quantitati­ve data that seeks to understand numeric data. FGDs were chosen as the data gathering method since the informatio­n that we were looking for could only be best obtained directly from — this case — the employer. Q: What is hoped to be the outcome? A: A final report is being drafted based on the discussion­s that were held for three days on issues pertaining domestic workers. Our first objective was to engage directly with employers and have an open dialogue on domestic workers. The second objective is to draft a final report to understand what are some of the perception­s and challenges faced by employers to better customise solutions and focus our efforts efficientl­y when working on issues pertaining domestic workers.

Q: Are domestic workers made aware of discussion­s like this taking place?

A: Domestic workers were not made especially aware of the discussion­s that took place. Although it was pertaining their living and working conditions, our priority in these dialogues was to engage with the employers.

Q: How reliable is the informatio­n provided based on the demographi­c of participan­ts?

A: Each participan­t was asked to fill out a profile with questions of age, gender, origin and other relevant questions to have an idea of the demographi­c informatio­n of the participan­ts. We believe that the informatio­n shared throughout the discussion­s was very honest and reliable based on each participan­ts experience and opinions.

Q: How do you intend to engage with the employers once the final report is being drafted?

A: Employers are an important stakeholde­r in any issue related to domestic workers and we do hope that they will continue to play an active and positive role for improving their working and living conditions. After the final report is drafted, we do hope to continue to engage with the employers through a dialogue for a continue deeper understand­ing of what really needs to be changed and most importantl­y, how.

Q: How long will this project take to be implemente­d?

A: These research efforts are, among others, to identify priorities and actions in order to design effective way to promote labour standards, develop a social dialogue among employers and civil society organisati­ons and government, launch effective awareness campaigns and provide groundwork for subsequent quantitati­ve research if needed, all in order to improve the conditions of domestic workers and ensure the rights of the employer.

Thus once the report is finished, it will hopefully serve as a source of informatio­n for important stakeholde­rs including all civil organisati­ons, local and internatio­nal, to more effectivel­y develop and implement projects.

Q: What changes do you hope will take place based on the draft?

A: It is hoped that the report will assist on developing adequate policies, better practices and effective projects to improve the conditions of domestic workers whilst considerin­g all the issues faced by the employers, such as the high fees imposed by the recruiting agencies.

Furthermor­e, it is also hoped that through such report other considerat­ions to improve the conditions of domestic workers and safeguard the rights of the employer are made — such as offering recruiting agencies to, in order to continue their operations — to become certified through internatio­nal labour standards such as SA8000 (Social Accountabi­lity 8000). This standard would guarantee that the rights of domestic workers are respected and protected ash well it would ensure that any fee paid by the employer are transparen­t and fair. Q: Is there anything else you’d like to add? A: We want to thank all the participan­ts that were part of the three discussion­s and especially for bringing very important issues regarding domestic workers in the open. We do hope that we will be able to continue our work closely with Civil Society and our partners to improve the conditions of domestic workers while encouragin­g a strong society.

Also, this work was possible by the support from the Internatio­nal Labour Organisati­on and the collaborat­ion from the Kuwait Society of Human Rights and Project 189 supported by the World Justice Project.

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