Female
Migrant
Labourers
& COVID-19
in Asia
WEBINAR PROCEEDINGS
NOVEMBER 2021
EDITED BY
JASMIN LILIAN DIAB
AND U BAVA DHARANI
GENDER AND MIGRATION RESEARCH GROUP
THINK TANK ON WAR, CONFLICT AND GLOBAL MIGRATION
GLOBAL RESEARCH NETWORK
Webinar Proceedings
Female Migrant Laborers and COVID-19 in Asia
November 2021
Edited by
Jasmin Lilian Diab
U Bava Dharani
Organized by
Gender and Migration Research Group
War, Conflict and Global Migration Think Tank
Global Research Network
Copyright © 2021 by GRN – Global Research Network
All rights reserved. This report or any portion thereof may not be reproduced or used in any
manner whatsoever without the express written permission of the Global Research Network,
except for the use of brief referenced quotations in another publication.
2
Content Contributors
Carol Abdo
Fayza Yassine
Hiba Sinno
Jana Al Hassanieh
Jerome Saliba
Karen Sweid
Marie Jose Nassar
Mohammad Al Abbas
Nasir Soboh
Nour El Kilani
Palig Giritlian
Rawan Haidar
Taghreed Shaheen
Winnie Faarvang
3
Abbreviations
COVID-19: Coronavirus disease
EMI: Equated Monthly Installment
FDW: Female Domestic Worker
GCC: Gulf Cooperation Council
GRN: Global Research Network
ILO: International Labour Organisation
IPCIG: International Policy Center for Inclusive Growth
KSA: Kingdom of Saudi Arabia
MDW: Migrant Domestic Worker
WPS: Wage Protection Systems
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Table of Content
Introduction
Jasmin Lilian Diab and U Bava Dharani
6
Organizing Entity
7
Biographies
7
Power, Protection and Policy: The Condition of Domestic Workers in the Arab States
during COVID-19
Shaddin Almasri
9
Indian Women Migrant Laborers in the Gulf Countries and the Impact of COVID-19
Divya Balan
13
Female Migrant Labor in Asia during COVID-19
U Bava Dharani
16
Discussion and Recommendations
19
5
Introduction
Jasmin Lilian Diab and U Bava Dharani
Co-Leads of Gender and Migration Research Group
November 8, 2021
The webinar, organized by the Gender and Migration Research Group at the Global Research
Network’s War, Conflict and Global Migration Think Tank, intended to shed light upon the impact
of COVID-19 the rights, wellbeing and access to services of female migrant laborers in Asia, as
well as the intersectional barriers to their freedom of movement and adequate labor conditions.
Female laborers in Asia, a significant portion of which are Migrant Domestic Workers governed
under the Kafala System remain at the mercy of a labor law often compared to ‘modern day
slavery,’ as well as anti-immigrant sentiments and nationalist narratives. Following the surge in
COVID-19 cases across Asia, these realities were only exacerbated, leaving many of these women
stuck in legal limbo as they attempted to navigate national legal frameworks keeping them in host
countries at the mercy of their employers at one level, and the inadequate application of basic
human rights principles at another. A panel comprised of academic experts from the Migration
field shed light on the aforementioned realities through a moderated online webinar that
addressed realities within various parts of Asia including the Gulf Cooperation Council (GCC).
6
Organizing Entity
Global Research Network (GRN)
The only organization of its kind, the GRN is an active online meeting place for early career faculty,
researchers and doctoral students interested in new thinking about these issues. Members come
from a truly global diverse range of backgrounds and higher education institutions. Our common
goal is collaboration, which is needed more than ever as the greatest problems of the day
transcend narrow fields of work. We also seek to support one another in a vocation that can be
lonely, isolating, and intensely challenging.
The GRN provides a new kind of interdisciplinary and inclusive space, facilitating long-term
friendships, creative thinking, and genuine career support. Members are invited to reach out
across national and institutional borders, and to share their experiences in life, study, and practice.
The Network is for exceptional scholars but it is not elitist. It is inspiring but not intimidating. It
offers an abundance of opportunities and perspectives that enrich the scholar, the work, and the
field.
GRN’s War, Conflict and Global Migration
This think tank analyses the interrelated exploitation of human bodies and the environment in the
context of war, conflict and global migration. Nature, conflict and migration are linked in many
complex ways: social and political conflict is often an outcome of prolonged drought, resource
extraction, agricultural distress and other human-induced or natural causes. These environmental
and socio-political changes dictate many waves of migration and displacement – putting ‘illegal’
human bodies, including women and children, through extreme exploitative conditions of
detention centers and labor camps. This think tank hopes to engage with the concept of
exploitation in relation to domestic and international refugee law and climate migration.
Through this platform, we coordinate diverse expertise from researchers, advocates and
policymakers on issues of conflict and displacement. We work with researchers to bridge the gap
between academia and policy in the areas of refugee law and migrants rights.
7
Biographies
Dr. Jasmin Lilian Diab (Co-Organizer, Moderator and Co-Editor) is an expert in Migration,
Gender and Conflict Studies. Dr. Diab is the Director of the Institute for Migration Studies at the
Lebanese American University, where she also serves as an Assistant Professor of Migration
Studies at the Department of Social and Education Sciences. In previous roles, she served as the
Refugee Health Program Coordinator at the American University of Beirut's Global Health
Institute, and a Research Associate under GHI's Political Economy of Health in Conflict
Workstream. She serves as an Adjunct Faculty Member of International Migration and Refugee
Law at the Global Institute of Law, and has served as a Guest Lecturer at McGill University on
Refugee and Migrant Health. Dr. Diab is a Research Affiliate at the Centre for Refugee Studies at
York University, a Global Fellow at Brown University's Center for Human Rights and Humanitarian
Studies, a Scholar in Forced Displacement at University of Ottawa’s Human Rights Research and
Education Centre, a Peace Responsiveness Expert at Interpeace, and the Co-Lead of the Global
Research Network's 'Gender and Migration Research Group'. She is a Country of Origin
Information Expert to AMERA International's 'Rights in Exile Program,' a Reviewer at University of
Oxford's Journal of Refugee Studies, and an Editorial Board Member at Act for Displaced, the
Journal of Internal Displacement, Marywood University's Journal of Applied Professional Studies
and PLOS Global Public Health where she also serves as their Guest Editor on Humanitarian Aid,
Conflict and Migration. Dr. Diab serves as an Advisory Board Member to People Beyond Borders,
the Indian Society of Legal Research, and Rowman & Littlefield Press' 'Migration, Displacement,
and Development' Book Series.
U Bava Dharani (Co-Organizer, Panelist and Co-Editor) is an intern with the Stockholm
Environment Institute Asia Centre. Her research interests include labor migration between South
Asia and Southeast Asia, and how gender, climate change, race, financial investments and policy
impact this. She holds a LLM in International law and LLB from SOAS, University of London. She
has previously worked as a paralegal on criminal, civil, employment and family matters in
Singapore. She currently serves as the Co-Lead of the Global Research Network's 'Gender and
Migration Research Group' at the Global Research Institute’s War, Conflict and Global Migration
Think Tank.
Shaddin Almasri (Panelist) is a PhD candidate based in Krems, Austria. Her research interests
are in aid policy, development, and refugee labor integration with a regional focus on the Middle
East. Previously, she held research and advocacy roles at Oxfam in Jordan and at the WANA
Institute, a local Jordanian think tank. She holds an MSc Migration, Mobility and Development
from SOAS, University of London and a BA Economics from the American University of Sharjah.
She has held a variety of roles in short term research projects spanning topics such as climate
migration, refugee discrimination, stratification in labor migration policy and refugee access to
self-reliance mechanisms. She is currently a PhD Migration Studies candidate at Danube University
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Krems, where she is researching nationality-based discrimination in refugee aid and inclusion
policies across Jordan, Turkey and Ethiopia.
Dr. Divya Balan (Panelist) is an Assistant Professor in the Department of Social Studies at Flame
University, Pune, India. She teaches courses on International Migration, Diaspora, and Refugee
Studies. Divya has served as a visiting fellow of the Institute for European Global Studies at the
University of Basel, Switzerland in 2018. Recipient of several scholarships and research grants, she
has published monographs, research papers in edited books and journals and thought pieces in
international and Indian newspapers and magazines. Divya is an active public speaker on themes
related to migration and governance.
9
Power, Protection and Policy: The Condition of Domestic
Workers in the Arab States during COVID-191
Presented by Shaddin Almasri
November 5, 2021
I.
Migration, Labor and Social Protection Structures
An estimated 75% of care work globally is carried out by women.2 This is now an essential
contributor to global migration as made evident by its role in the feminization of migration. Arab
states have a large stake in this too: 19% of domestic workers globally reside in Arab states. 3
However, this does not come without underlying issues. By and largely due to the individualized
structure of Kafala employment systems in the Arab states (particularly GCC, Lebanon and Jordan),
social protection is largely left up to the benevolence of the employer. This includes a variety of
protections including healthcare, access to legal information and support. Even beyond the
individualized nature of protection, very little protection for migrant workers is actually enshrined
in labor codes. For instance, Jordan and KSA have separate instructions governing domestic work
as this category of work is actively excluded from the general labor law. One may argue that the
structure of the work relies on this exploitation: in Lebanon domestic work recruitment agencies
protested and blocked inclusion into labor code as recently as November 2020, nearly one year
into the pandemic.
II.
COVID, migration and social protection in the Arab states
Systematically, there have been consistent civil society and research reports on the conditions
faced by domestic workers globally and especially in the Kafala-system states. As stated prior, this
system largely rests on the systematic exclusion of non-national workers from national labor
protections. This especially showed its weaknesses during the COVID-19 pandemic social
protection response. According to a report from the International Policy Center for Inclusive
Growth, most social protection responses for COVID-19 in the MENA region excluded non-
This intervention is derived from chapter contribution to an IOM project titled: “COVID-19 Impacts on Migration
and Migrants from a Gender Perspective”.
2
Diva Dhar (2020), Women's unpaid care work has been unmeasured and undervalued for too long, Retrieved at:
https://www.kcl.ac.uk/news/womens-unpaid-care-work-has-been-unmeasured-and-undervalued-for-toolong#:~:text=Women%20perform%2075%20per%20cent,with%20just%2041%20million%20men.
3
ILO (2017), Domestic Workers and Employers in the Arab States, Retrieved at:
https://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/publication/wcms_619661.pdf
1
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nationals as they were largely expansions upon pre-existing social protection systems.4 Only 25
out of 162 mapped C-19 social protection responses explicitly included (some) non-nationals.5
Reported social protection shortcomings during the lockdowns included worker dismissals,
increased workloads, and wage theft. Two examples of mass worker dismissals that took place
included an instance in KSA where nine African domestic workers dismissed and ‘returned’ to
employment agency, then locked in their employment’s office basement with accusations of only
one meal per day and forbidden access to healthcare.6 This was particularly precarious as one
worker was pregnant. Another instance in Qatar took place where employers rounded up migrant
workers and expelled them under the guise of taking them out for COVID-19 testing.7 And while
one may argue that workers should have left these situations, it is important to consider that these
opportunities were a lifeline for many, Furthermore, many could not leave due to the fear of being
unable to return. This proved true in one case, where KSA initially forbade entry with the
Sinopharm vaccine, which was the most commonly used in Asian countries.
III.
Shifts in protections still lacking
Generally, special measures under COVID-19 largely excluded domestic workers and migrant
workers in general. This means no access to cash assistance or to unemployment benefits. And
while there have been attempts to correct these social protection misalignments for migrant
workers over the past several years, they still largely fail to correct the issues involving migrant
work. For instance, starting in 2009, GCC states, one after the other, began to implement wage
protection systems (WPS), where payment to workers was to be regularized and tracked. However,
this left domestic workers behind, as they are often locally paid in cash, or by holding payments
with their employers. The only formal transfers are those conducted through remittances, which
are not directed towards the workers themselves. Unified contracts for domestic workers have
also been introduced across the Arab states, however these focus more on governing the work
relationship and day-to-day between employers and employees. They do not include clear or
enforceable mechanisms to protect workers if the already-weak standards of the contract are not
observed.
More recently, there have been reports about lifting Kafala systems in the Gulf, particularly in KSA
and Qatar. In KSA however, the new liberalized system does not apply to domestic workers. In
4
IPCIG (2021), Next Practices—Innovations in the COVID-19 social protection responses and beyond, Retrieved at:
https://ipcig.org/publication/30869?language_content_entity=en
5
Importantly, 11 out of 25 of these were in Jordan, but these mostly specified Gazan refugees and children of
Jordanian mothers. These interventions were not explicitly targeted to migrant workers that are on a more
‘temporary’ status with less residency rights. More at this panel: https://erf.org.eg/events/covid-19s-socioeconomic-impact-on-migrants-and-displaced-populations/?tab=3&c=undefined
6
Ben Hubbard and Louise Donovan (2020), Laid Off and Locked Up: Virus Traps Domestic Workers in Arab States,
Retrieved at: https://www.nytimes.com/2020/07/06/world/middleeast/coronavirus-saudi-domestic-workers-maidsarab.html
7
Amnesty International (2020), Why do you want to rest? Ongoing abuse of domestic workers in Qatar, Retrieved
at: https://www.justice.gov/eoir/page/file/1329996/download
11
Qatar, it does, however they have not decriminalized ‘absconding’, meaning that domestic
workers are still subject to criminal prosecution if they break contract and flee from their
employers. Ultimately these do not represent a sustainable shift away from individualized
protection approaches and requires a move towards centralized labor governance.
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Indian Women Migrant Laborers in the Gulf Countries and the
Impact of COVID-19
Presented by Divya Balan
November 5, 2021
I.
Context
Among the various migration pathways between South Asia and West Asia, the India-Gulf corridor
deserves particular regard. Indian migration to the Gulf was principally for economic reasons.
Lured by the narrative of Gulf riches and prosperity of earlier migrants, Indians migrate to the Gulf
in search of lucrative jobs to improve their livelihoods. The oil price boom in 1973 marked the
beginning of the massive emigration of Indians to the Gulf, corresponding primarily to the
tremendous economic prosperity and infrastructural development in the region. The migration of
Indian women to the Gulf also gained momentum following the oil boom. The latest estimates
show that 8.4 million Indians live and work in the Gulf countries, of which women accounted for
around 39%.8 A significant economic contributor to both the regions, the Indian women migrant
laborers are a heterogeneous group hailing mainly from the middle and lower-income households
and engaging in all categories of work in the Gulf – skilled, semi-skilled and majority in low-wage,
low-skilled occupations.
Their migration is tied to the much-criticized Kafala system of contractual labor. They endure labor
standard violations, abusive work conditions, exploitation, marginalization, discrimination, and
other severe hardships at varying levels depending on their labor status. Some among them are
more exposed to precarious situations and abuse than others. Many women (married or
unmarried) migrated independently for work, others followed their husbands to the Gulf, but they
joined the labor force in due course of time. Another category of migrant women stays as
homemakers. Most of these women are from the South Indian states of India – from Kerala, Tamil
Nadu, Telangana, Andra Pradesh and Karnataka. In contrast, the Gulf migration from the North
Indian states is predominantly single male migrating to work in the blue-collar sectors of the GCC
countries. This is illustrative of the point that a wide range of dynamics is involved in the Gulf
migration of women from India.
II.
The COVID-19 Pandemic and the Indian Women Migrants in the Gulf
The COVID-19 pandemic has worsened the hardships of the migrant women cutting across all
strata of labor. During the initial wave of the pandemic, for those in the skilled professions such
as IT or clerical fields, whose economic and occupational statuses are better than the low-skilled
8
John Calabrese (2020), India-Gulf Migration: A Testing Time, Middle East Institute, Retrieved at:
https://www.mei.edu/publications/india-gulf-migration-testing-time
13
workers when their job turned “work from home”, they struggled to have a designated workspace
at their flats or to maintain a work-life balance. This was the case since their household chores
doubled, especially with children at home and a beefed-up need of hygiene standards during the
pandemic. Since migrant families are an extension of the Indian patriarchal family system (with
adjusted social norms in the non-Indian settings of the Gulf), caregiving is considered the primary
responsibility of women. These migrant women found it difficult to maintain work-life balance
when their jobs were at stake and so much going on at the family side making, sure nobody fell
sick. They also had to constantly be in touch with their elderly parents in India to ensure their
health was not compromised in the pandemic.
The fear of job loss and the financial concerns heightened among those working in the hospitality
and other professional sectors when their employers stopped paying wages regularly, forced them
to work extra without overtime remuneration, asked them to take unpaid leave or terminated
them from jobs without any notice. In the case of women health care workers from India, their
workload increased disproportionately dealing with the current pandemic, anxiety about own
safety, stress due to overstretched clinical facilities, extended shifts and exhaustion, the physical
exertion of wearing the protective gear, and the concerns about the well-being of the family
members back in India have put a severe emotional and psychological toll on them. Considering
the women migrants engaged in the low-skilled sectors, one particularly vulnerable group in the
ordinary and COVID-19 pandemic situation was Indian migrant domestic workers. Highly
dependent on their employers due to the Kafala system and working in the private spaces of
employer’s houses, they are more prone to exclusion, discrimination, gender-based
physical/emotional harassment and violence, limited or no access to essential services, restricted
mobility and access to information and excessive workload with no options for a weekly off from
work due to the pandemic related restrictions and lockdowns. The word ‘stranded’ that is
frequently used in the context of lockdown has the real meaning when we look at the plight of
these domestic workers.
The inability to afford medical costs in the Gulf is a barrier to accessing health care even for
professional women migrants. Limited access to safe transportation facilities where the staff had
to travel in the same bus without adhering to social distancing protocols (for nurses, cleaning staff
in hospitals and companies), many could not even take annual leave due to workload and out of
the fear of job loss. Others considered it unwise to return to India at a time when travel options
(Vande Bharat repatriation flights by the Indian government) were limited and expensive, as well
as uncertainty around the possibility of re-entering the Gulf countries that are nationalizing its
workforce. Financial constraints and the concerns around their pending EMIs and loans, children
education, family medical expenses, being dependent on a single person salary if spouses lose
jobs and remitting money to family in India were all major concerns for all categories of Indian
women migrant workers.
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In such situations, many migrant families have decided to send women and children back to India
to cut the cost of living. Many of those working in the beauty industry also had to return to India
due to the closing down of the parlors. Post-Gulf war, the current COVID-19 pandemic
engendered the return of Indians from the Gulf under the Vande Bharat Mission in large numbers;
about 716,000 as per the Ministry of External Affairs estimates.9 A substantial number of them are
women, and they returned hurriedly without procuring salary arrears and end-of-service benefits
such as bonus, PF and gratuity. However, they suffered on return to India as the country lacks any
concrete policy on rehabilitation and reintegration of its returning citizens.
9
Ministry of External Affairs: Government of India (2021), Indian Workers Returning from Gulf Countries, Retrieved
at: https://www.mea.gov.in/rajyasabha.htm?dtl/34119/QUESTION+NO188+INDIAN+WORKERS+RETURNING+FROM+GULF+COUNTRIES
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Female Migrant Labor in Asia during COVID-19
Presented by U Bava Dharani
November 9, 2021
I.
Introduction to Migrant Labor in Singapore
In Singapore – currently there are about 240,000 female migrant workers, a majority work as
domestic help, and the remaining of the about 880,000 migrant workers are male and
predominantly work in construction, shipyard or other infrastructure projects.10 Singapore
typically accepts female migrant labor from an approved source country or region as laid out by
the Ministry of Manpower. The most popular countries are Philippines, Myanmar, Indonesia and
Sri Lanka. Since the pandemic started, many have returned to their home countries and it’s been
widely reported that there has been a “shortage” of migrant workers – both female and male.
Essentially, migrant workers who work in Singapore will need a work permit visa. This is for a term
of two years. Usually, the employer would apply for this on behalf of the worker, in the case of
female domestic workers (FDW) – usually a leader of a family would be the one who applies for
this. As opposed to, for male migrant workers it would be the company that employs them.
Once they are in the country, there are different laws that govern male and female migrant
workers. Female workers are required by law to stay in their employer’s house, while male migrant
workers live in dormitories (built for them in the peripheries of the country) or private
accommodation. Here already we can see the FDW are especially isolated from one another, while
male migrant workers are isolated from the community.
II.
Female Domestic Labor
By law, FDWs are required to be screened for pregnancies and sexually transmitted infections
every six months, and if the results are positive, they will be repatriated. There is no such
requirement for male migrant workers. Although both male and female migrant workers cannot
marry local Singaporeans, in which case their work permit will be cancelled. Now what is very
interesting is, the FDW sexuality is hyper visible – meaning the law makes sure it must be
monitored, however, these laws tend to go on assumptions. Assumptions such as all migrant
workers are inherently heterosexual, cis-gendered people. Another example that shows this is the
regulations that govern Pink Dot in Singapore (which is like the Singaporean version of pride) –
only Permanent residents or Singaporean citizens are allowed to enter this parade every year.
Does that not mean anyone who does not have the relevant visa is not allowed to be present at
one of the few spaces in the country where gender and sexual diversity is tolerated? News about
10
Humanitarian Organization for Migration Economics (2018), Thematic Report on Domestic Servitude of Migrant
Women and Girls, Retrieved at:
https://www.ohchr.org/Documents/Issues/Slavery/SR/DomesticServitude/CSO/Reply%20HOME.pdf
16
the treatment of FDW has had significant political impact on bilateral relations between Southeast
Asia countries. Although it must be added that this is usually for a short term.
In 1995, a Filipino domestic worker, Flor Contemplacion killed her employer and employer’s child
and for this given the death penalty by the Singaporean courts. Upon closer investigation, it was
found that Flor had been abused very badly by her employer and family.11 The killing of Flor led
to political demonstrations in the Philippines. President Ramos recalled the Filipino ambassador
to Singapore, and many bilateral exchanges between the countries were cancelled for the
following years. More recently, in 2014, a Burmese FDW broke her legs trying to escape her
employer’s home and this caused tension between Myanmar and Singapore. However, these
tensions tend to quiet down and bilateral relations presume between countries with no concrete
safeguards put in place for FDWs.
This is something that happens not just in Singapore, but between other Southeast Asian
countries. For example, Dr. Shanthi Thambiah has discussed how Malaysia and Indonesia have
had strained relations in the recent past, when news started circulating of an Indonesian domestic
helper being badly abused by her Malaysian employers. This sometimes even leads to complete
suspension of sending female migrant laborers across the borders. It is interesting to note that
these are all countries that are in close proximity to one another, usually sharing borders. I have
not seen this happen with regards to the treatment of male migrant workers. I think this shows
how gendered bodies are more sensationalized and are more readily claimed by the paternalistic
state figure. We have very emotional responses by ministers, and national newspapers – followed
by sometimes seizing of sending migrant female labor over for a short term. However, the more
fundamental issue which is that there is no clear definition or protection afforded to migrant labor,
especially female domestic labor is not addressed.
III.
The COVID-19 Pandemic
The COVID-19 pandemic has highlighted some key issues in how gendered labor is looked at
differently. The COVID-19 crisis hit the male migrant population the worst – most of the cases in
the country are from male migrant workers, specifically those who were living in dormitories.
These dormitories are known to be very tight spaces that are poorly ventilated. About 152,000
male migrant workers had COVID-19 – according to data made available.12 Due to this,
dormitories were completely shut down and male migrant workers were not allowed to leave their
quarters. However, for female migrant workers – because they are isolated from each other and
living with their employers. Even collecting data is challenging. Moreover, with the whole country
Working from home – the stress on domestic help has increased significantly. However due to
care work or domestic not being recognized as labor, it has been challenging to measure this
stress. Terms that are usually covered in labor law – such as being given pay for overtime, how do
11
Capital Punishment UK (n.d.), Flor Contemplacion - A diplomatic incident., Retrieved at:
http://www.capitalpunishmentuk.org/flor.html
12
Andreas Illmer (2020), Covid-19: Singapore migrant workers infections were three times higher, BBC News,
Retrieved at: https://www.bbc.com/news/world-asia-55314862
17
these terms apply to domestic work? Moreover, the Ministry of Manpower advised FDW to stay
indoors during their legally prescribed weekly one-day leave during the national lockdowns. There
are these rules that the Ministry released that if during this day off, an employer asks the employee
to work, they need to be duly compensated. However, in reality how do you implement this or
observe this. That is the issue with not just COVID-19 regulations but general regulations that do
not consider the power dynamics that exist when a FDW inhabits such an intimate and private
space of their employer.
How does one document narratives from FDW regarding the pandemic, when it is difficult to even
collect data on the number of COVID-19 cases within the community? This only shows how
challenging it is to properly gather and mobilize the community. Or even to collect more nuanced
narratives of their journeys and experiences. For example, it is very common for FDW to work in
the Gulf for a while before coming to Singapore or Malaysia or vice versa. There is almost no
official data I have come across that tracks their journeys to these different countries and
comparing their experiences.
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Recommendations for Ensuing Access to Justice for Female
Migrant Workers in Asia during COVID-19
Compiled by Jasmin Lilian Diab and U Bava Dharani from panelists' interventions
November 12, 2021
I.
Overview
The webinar shed light upon the intersectional plight of female migrant workers across Asia amid
the COVID-19 pandemic. And while the contexts could not be more different the countries
discussed, underlying and overarching themes of injustice taint labor laws (or lack thereof) in each
of these contexts. The panel highlighted the fact that vulnerabilities have been exacerbated as a
result of the international community's struggle to overcome the COVID-19 pandemic with
immense implications on human rights and people's overall mental and physical wellbeing –
particularly female migrant laborers governed under the Kafala system. If the pandemic has taught
us anything, it is that no matter how developed or developing a country is, that a lack of
preparedness, an absence of an intersectional approach as well as a lack of leadership and political
will can carry dire gender-centric implications. The following recommendations are derived from
each of the panelists’ interventions. These recommendations should be considered as “preliminary
reflections” that are still in the pipeline as we move closer to life in the post-COVID-19 era.
-
Recommendation 1: Inclusion of migrant workers in national labor protection laws
Migrant workers are not given equal protection in national labor laws. Moreover,
recruitment of migrant workers – especially female migrant workers – is individualized
through the Kafala system in the Middle East, and the work permit system in Singapore.
This means that access to social protection such as healthcare and grievance mechanisms
are entirely controlled by the employer. The state needs to regulate and enforce social
protection and labor rights of migrant workers to ensure the fate of migrant workers is not
in the hands of employers. As seen during the COVID-19 crisis, this leads to unfair
dismissals, wage theft and over-working.
-
Recommendation 2: Inclusion of domestic labor in foreign labor reforms
There have been reforms in foreign labor management laws in different countries;
however, these laws are inherently gendered and exclude the domestic work sector which
is dominated by female migrant workers. The wage protection scheme (2009) in GCC states
aims to ensure regularized and tracked payments to migrant workers; however, it does not
include cash payments of salary. Due to domestic work being a highly informal sector,
many female migrant workers are paid in cash. The social protection offered for fair and
consistent pay does not consider the realities that female migrant workers face. In
Singapore, the Workmen Injury Compensation scheme (2019) which aims to compensate
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foreign workers for injuries sustained during/related to their work does not include
domestic work either. This means that the female migrant labor force is not properly
recognized by the few national laws that are supposed to protect migrant workers. The
lack of recognition from laws makes it more challenging for female migrant workers to
collectivize and make demands.
-
Recommendation 3: Reintegration programs for female migrant workers in their
countries of origin need to be strengthened
Many migrant workers have decided to return to their home countries due to the precarity
of their visas and employment overseas due to the COVID-19 crisis. Countries such as India
have launched programs such as Vande Bharat Mission to facilitate the return of an
estimated 716,000 Indians from the Gulf. However, these programs do not cover efforts to
rehabilitate and reintegrate returning migrants properly. This further adds to the stress
and precarity – such as, loans, children education and family medical expenses – that
migrant workers are subjected to. There needs to be increased dialogue between sending
and receiving countries to ensure that female migrant workers have skills and resources
to reintegrate into their home communities.
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