Descripción de las Zonas Económicas Sustentables

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Jana et al, as the fact is that the KSA government ignores the reality of the policies, which lacks an enforcement mechanism. The Saudi Arabian government made limited law enforcement efforts against human trafficking.

They have shifted their focus towards criminals and the punishment but not towards the victims or doing extra measures to prevent such activities.

Looking at the steps that the KSA government have indicated to enforce their laws, from the policies creation point o f view, the government of KSA listed some steps for that matter. Those steps start with establishing a permanent committee to combat human trafficking inside the Human Rights Authority.⁴²⁵

They also include, following up the victims of trafficking to guarantee their safety and coordination with other countries to return victims to their home countries. According to the data, the permanent committee can recommend not returning the victims of trafficking to their home countries if they see they are in danger back home.

Another step is to prepare a policy of relocating the victims of trafficking along with providing adequate training on this issue and arranging research, media campaigns, and social and economic measures to prevent trafficking.

The data shows that the KSA departments are encouraged to cooperate with each other in exchanging information and statistical data on the human trafficking.⁴²⁶

5.3.2 Domestic Workers Facing the Limited Policy and the KSA Palermo Protocol Obligations

Understanding the methods of human trafficking and how a government deals with it within its borders are important to the core of this research. As

425 The Ministerial Council order number 244 dated 13/7/1999 to establish a permanent committee to combat human trafficking.

426 The KSA Human Rights Authority addressing the steps necessary to enforce the Anti-Trafficking Law

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explained before, in normal conditions domestic workers perform household tasks in private houses in exchange for a room, food and an allowance.

Due to working behind closed doors, and because of national legislation that protects the privacy of the house owner and the lack of national policies that prevent the exploitations, they often become unprotected workers who do not appear in any official statistics, which makes them more vulnerable to being abused.

This section will shed the light on the Convention on Domestic Workers, adopted by the ILO in 2011, in relation to domestic workers’ rights, even though the KSA is not party to it, but it should reference the definition of domestic workers and the kind of work.

This section will show the arguments about the relationship between children and trafficking, the situation of domestic workers, the vulnerability of domestic workers and national policies in terms of domestic workers, which are relevant to this research. It will then argue that children who are forced to work as domestic workers could be deprived of the right to education and the right to live a normal family life.

Secondly, it will look at the unknown conditions faced by domestic workers in new jobs. In some cases the work is well paid and does not violate any of their rights, but in other cases they face the worst kind of exploitation. The final point will argue that the principle of protection dictates that countries should act on domestic policies fulfilling the Palermo Protocol obligations, in particular, of prevention.

In order to give a reference to the definition of domestic workers and because of the KSA was member of the ILO that adopted the Convention on Domestic Workers (C189), the definition of domestic workers must be stated at first.

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Article 1 (a) of the ILO convention on domestic workers defines domestic work as ‘work performed in or for a household or households’.⁴²⁷

Article 1 (b) of the same convention defines a domestic worker as ‘any person engaged in domestic work within an employment relationship’.⁴²⁸ According to this convention, the main rights that should be given to domestic workers are daily and weekly rest periods, entitlement to a minimum wage and entitlement to choose the place where they live and spend their leave.⁴²⁹ Ratifying state parties should also take protective measures to prevent violence against domestic workers and should enforce a minimum age, which is consistent with the minimum age of other types of employment.⁴³⁰

Bearing in mind the definition of domestic work, many arguments can be made against violating the rights of domestic workers. Akhtar argues that ‘the use of children as domestic servants continues to be common in many parts of the world, such as Latin America and Asia.’⁴³¹ Such children are very vulnerable to exploitation and often they are not allowed to take breaks or are required to work long hours.

In addition, many of them suffer from a lack of access to education, which can contribute to their social isolation and a lack of future opportunities.

Akhtar adds that ‘domestic work is the most common form of employment...It has been estimated that globally, at least 10 million children work in domestic labour jobs.’⁴³²

427 Article 1(a) of ILO Convention (No. 189) on domestic workers

428 Article 1(b) of ILO Convention (No. 189) on domestic workers

429 ILO Domestic Workers Convention (No. 189)

430 ILO Domestic Workers Convention (No. 189)

431 S Akhtar and S Razzaq, ‘Child Domestic Labour in Pakistan: Overview, Issues and Testable Hypothesis’

(Centre for Research on Poverty June 2005)

432 S Akhtar and S Razzaq, ‘Child Domestic Labour in Pakistan: Overview, Issues and Testable Hypothesis’

(see text to n 431)

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With respect to the KSA obligations to prevent the trafficking of domestic workers, the Department of Labour in KSA stated that in an effort to eliminate some of the causes of domestic workers trafficking and exploitation, an executive decision was made. The full contexts of this decision were seen and its principal aim is to establish large specialised recruitment companies.

The companies’ main duties were to recruit workers, whether domestic workers or in other sectors, and offer them for hire to Saudi employers, having in mind the main the protection of migrant workers and in particular the domestic workers and meeting the international obligations.⁴³³

In terms of domestic workers working conditions, there is the caveat that in some cases their work is well paid and does not violate any of their rights. In other cases, however, they might face the worst kind of exploitation. ILO summarises the main abusive conditions as:

1) Long hours of work and heavy workloads, limiting rest and leisure time; 2) inadequate accommodation either with small rooms, poor lighting or lack of furniture or inadequate food; 3) the lack of privacy and interference in personal matters, the close supervision of household members; 4) arbitrary changes of work contracts, pay cuts or even non-payment of salaries; 5) the lack of working benefits.⁴³⁴

The ILO argues that ‘although the number of domestic workers who have joined the ranks of this army is considerable, they remain hidden and invisible

433 The KSA Human Rights Authority have stated that the Saudi Arabian government have agreed to establish large specialised companies, that would be responsible for recruitment, protection of the rights of expatriates and their supervision. They have also stated that these companies are going to be the contract hub for domestic workers

434 José Maria Ramirez-Machado, ‘Domestic Work, Conditions of Work and Employment: A Legal Perspective’ (see text to n 93) 8

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to society’.⁴³⁵ It adds that ‘to give a rough estimate of the number of domestic workers worldwide are made highly problematic by the lack of available and accurate data and the prevalence of unregulated or clandestine work relationships’.⁴³⁶

Furthermore, domestic workers have a right to clear communication of employment conditions, which should, in the case of international recruitment, be communicated prior to immigration. In addition, they are not required to reside in the house where they work, or stay at the house during their leave or rest hours.⁴³⁷

In their obligations towards the prevention of domestic workers trafficking the KSA government should recognise the former’s vulnerability due to the nature of their work and the fact that they need protection, as mentioned above, of a national policy on the prevention of trafficking of domestic workers that would be sensitive to their particular work situation.

The Palermo Protocol, in its Article 6, that relates to protection of people from being trafficked asks that, countries shall introduce policies for victims to help them along with international standards to prevent those workers from

435 José Maria Ramirez-Machado, ‘Domestic Work, Conditions of Work and Employment: A Legal Perspective’ (see text to n 93) 1

436 José Maria Ramirez-Machado, ‘Domestic Work, Conditions of Work and Employment: A Legal Perspective’ (see text to n 93) 3

437 ILO, Conference Adopts Historic Labour Standard for Domestic Workers (ILO June 2011)

<http://www.ilocarib.org.tt/index.php?option=com_content&view=article&id=1573:conference-adopts-historic-labour-standard-for-domestic-workers&catid=117:news-room&Itemid=1035> accessed 20/10/2011

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being trafficked.⁴³⁸ HRW asserts the importance of issuing and implementing protective laws and in its report on the abuse of domestic workers, HRW emphasizes that the ‘laws that should protect child domestic workers are poorly enforced…’⁴³⁹

The report concludes that ‘Governments’ responses to abuses against domestic workers have largely been piecemeal and reactive… domestic workers are often in situations that prevent them from reporting abuses’.⁴⁴⁰ The fact is, the issuance of laws to protect the domestic workers and meets the obligations of Palermo Protocol, would be mostly considered as a policy that is need in KSA.

Domestic workers are also entitled to certain policies concerning their human rights and protections specifically linked to their vulnerable status. These include, policies can assure them from being exploited. It will assure them the rights to freedom from sexual harassment in the workplace and the right of protection which are basically guaranteed to all migrant workers including domestic workers.

438 Article 6 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (supplementing the UN Convention against Transnational Organized Crime), adopted by resolution A/RES/55/25 of 15/11/2000 at the fifty-fifth session of the UN General Assembly. For example, in a country such as KSA when the TIP report states that ‘domestic workers remain excluded from general labour law protections’, KSA did not take any action to reduce the demand for prostitution or child sex tourism by Saudi nationals or acknowledge that trafficking for commercial sexual exploitation was a problem affecting the Kingdom. See U.S. Department of State, Trafficking in Persons Report [2009] TIP Report

439 Human Rights Watch, ‘Swept Under the Rug: Abuses against Domestic Workers around the World’ (see text to n 32)

440 Human Rights Watch, ‘Swept Under the Rug: Abuses against Domestic Workers around the World’ (see text to n 32)

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5.3.3 The KSA Limited Policy and Palermo Protocol Obligations of