Women are discriminated against in the labour market; not only are there even fewer employment opportunities available for women than men, but women still do not receive equal remuneration for equal work. Women working overseas suffer double discrimination as women and as migrants.

The Issue:

In the case of women who leave their countries to look for employment elsewhere, both their countries of origin and the countries where they find employment should be held responsible for violation of the right to obtain employment in order to sustain their lives and that of their family members.

The root cause of the rise in female labour migration is the lack of employment for women in their own countries. States are accountable for the violation of women's right to employment and to receive proper and equal remuneration, when in their economic policies they promote labour migration instead of creating jobs at home, and when they condone gender discrimination in the selection and remuneration of personnel for the available jobs.

The Asian Migrant Yearbook 1999 reports that:

"In 1998 many countries also declared more aggressive labour export policies. Top labor exporters like the Philippines, Indonesia, India, Sri Lanka and Bangladesh reiterated their reliance on labour export to help them weather the crisis, and even prop up their economic growth targets. Thailand, whose export of migrant labourers has already slowed down since the early 1990's, has reversed gears by announcing its target to export 200,000 migrants in 1999. Korea, which stopped exporting migrants in the 1970's, and has become an importing country since then, has now resurrected an overseas deployment office as it announced plans to export 20,000 workers in 1999. China is projected to capture 3% of the global labour market before 2010."

States which receive migrant women workers violate the right to employment and to receive just and proper remuneration, when they do not regulate the status and working conditions of migrants, but leave them at the mercy of exploitative agencies and employers.

In a few countries, like Hong Kong, migrant workers and their advocates have organized to achieve certain protections and social benefits for Overseas Domestic Workers, like a minimum wage and maternity leave.

But when resources are scarce, these benefits are eroded, as governments blame migrant workers for drawing too much on the national expenditure. In the last 2 months, domestic workers in Hong Kong have had to take to the streets several times to protest wage cuts, withdrawal of maternity benefits, the threat to tax overseas domestic workers for public services. (See newsreport 3)

The Rights concerned in this issue are as follows:

UDHR: Article 23

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for the protection of his interests.

ICESCR: Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

ICPRMW: Article 9

The right to life of migrant workers and members of their families shall be protected by law

Article 25

1. Migrant workers shall enjoy treatment not less favorable than that which applies to nationals of the State of employment in respect of remuneration and:

(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship amid any other conditions of work which, according to national law and practice, are covered by this term;

(b) Other terms of employment, that is to say, minimum age of employment, restriction on home work and any other matters which, according to national law and practice, are considered a term of employment.

2. It shall not be lawful to derogate in private contracts of employment from the principle of equality of treatment referred to in paragraph I of the present article.

3. State Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights derived from this principle by reason of any irregularity in their stay or employment. In particular, employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any such irregularity.