BACKGROUND: forced labour and exploitation of domestic workers in the philippines

Domestic workers in the Philippines, the vast majority of whom are women and girls, are not given the same protections as other workers under labour laws and work in other people's homes hidden from public view. This leaves them particularly vulnerable to abuse and exploitation, and many are the victims of forced labour. Many domestic workers migrate from rural areas to the cities and are vulnerable to trafficking, as well as to debt bondage.

Child domestic workers

There are hundreds of thousands of child domestic workers in the Philippines and they are the group most vulnerable to forced labour because of their age and the fact that the majority live in the homes of their employers.

They can be on call 24 hours a day and many are not allowed even one day off a month. Often domestic work is regarded as a safe form of employment, but in reality child domestic workers routinely suffer verbal, physical and sexual abuse by their employers and perform tasks which can be dangerous. They are isolated from their families and the opportunity to make friends and many are denied education, trapping them in a cycle of poverty.

Many child domestic workers are trafficked into these situations of abuse and exploitation, preyed on by recruiters who offer the chance of a better life to poor families. Recruiters charge fees against their future income of the child or pay cash advances to parents, whose children are then forced to endure exploitative work conditions to pay back the debts they have supposedly incurred.

Achievements

The Visayan Forum Foundation was founded in 1991 by Ma. Cecilia Flores-Oebanda. The organisation provides crisis services to exploited domestic workers, and is at the forefront of lobbying efforts for domestic workers' rights. The Visayan Forum has successfully advocated for various pieces of legislation such as the Child Labour Law, the Anti-Trafficking Law, as well as ratification of International Labour Organization Convention 182 on the worst forms of child labour by the Philippines.

On 24 April 2006, President Arroyo issued Presidential Proclamation 1051, which set aside 30 April as a "special day to honour and give recognition to the hidden, yet massive army of everyday workers, to generate awareness of the importance and contribution of domestic workers"

"Batas Kasambahay"

The Domestic Workers Bill , known popularly as Batas Kasambahay , was first filed in 1995 and affords key protections to all domestic workers. Though there are different versions of the Bill being considered by legislators, the common elements include increased minimum wage, thirteenth month pay, regular rest days, mandatory registration and contracts, social security protection such as membership to state health insurance, provision of education, and better working conditions.

For several years, the passage of the Batas Kasambahay has been delayed by Presidential impeachment proceedings and various other postponements. At the time of writing, it has been approved by the Senate, but not by the Lower House. To become law it requires approval by both Houses and then final approval by the President. A 2005 survey, conducted by the Social Weather Station, found that 87 per cent of Filipinos strongly agreed that there should be a law addressing the domestic work sector.

Enactment of the Batas Kasambahay would be a vital step in addressing the abuse and exploitation of domestic workers in the Philippines, and it would also send an important signal to other countries that all domestic workers must be provided with full legal protection against exploitation and forced labour. Anti-Slavery International urges the Philippines Government to prioritise this legislation and ensure that it passes without further delay.

Forced labour and slavery

Forced labour is any work or service which people are made to do against their will under threat of some form of punishment.

Forced labour is a contemporary form of slavery, which has a number of key characteristics:

• forced to work, through mental or physical threat
• controlled by an 'employer', under the threat of some form of punishment
• dehumanised, treated as a commodity or bought and sold as 'property'
• physically constrained or has restrictions placed on their freedom of movement

Nina's story

Nina, from the Ilocos mountains in the north of the Philippines, was 16 when she dropped out of school and became a domestic worker because of family poverty. A recruiter sent her to work for a wealthy family in Manila.

On a typical day, Nina woke up at around 4.30am to prepare breakfast for the children. Each day she would cook the meals, clean the house, scrub the floor, wash and iron the family's clothes, and wash the pet dog. "I had no day off", says Nina, "I would sometimes go out with my employer to buy groceries. Then I would return to the house and resume my work. I just did whatever they asked me to."

After her employers' left for the United States, Nina was subjected to repeated abuse by their daughter and her friends. She tried to run away, but was brought back to the house by local government officials, and was locked up, beaten, and barely fed.

After escaping a second time, Nina went to a hospital and was referred to the Visayan Forum for shelter by the Child Protection Unit. With assistance and support from the Visayan Forum, and SUMAPI, the national organisation of domestic workers in the Philippines, Nina was able to resume her studies, see her family again, and file a case against the daughter and her friends.

Now 19, Nina recently graduated from high school with honors and will attend college in June. She is an active member of SUMAPI. She says "I can help my fellow domestic workers who may have experienced the same thing and also educate others on what they shouldn't do to their domestic workers".

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