Trafficking of Migrant Domestic Workers in Lebanon A Legal ...

1 Trafficking of Migrant Domestic Workers in Lebanon A Legal Analysis by Kathleen HamillKafa (enough) Violence & ExploitationMarch 2011 2 This study is part of the Multimedia Virtual Space for Human Rights project funded by the European Union. It is carried out by the Italian NGO COSV (Coordination Committee of the Organizations for Voluntary Service) in partnership with three Lebanese NGOs: KAFA (enough) Violence & Exploitation, the Permanent Peace Movement (PPM) and the Lebanese Center for Human Rights (CLDH). The establishment of a Multimedia Virtual Space for Human Rights is the key objective of a two-year project (2009-2010)

2 That aims at strengthening mutual cooperation among civil society organizations for a better integration of human rights, democratization and good governance in national development open coalition of NGOs has been drawn up for the management of the virtual space and the project includes, among other activities, researches on various human rights topics in Lebanon ranging from freedom of association to Trafficking and racism. For more information on the project, please consult Apart from the 4 project partners, the NGOs taking part in the Human Rights in Lebanon Coalition to date are: Amel Association, Amnesty International Lebanon , Association Libanaise pour l Education et la Formation (ALEF), Association Najdeh, INSAN Association, Lebanese Association for Civil Rights (LACR), Lebanese Association for Democratic Elections (LADE), Lebanese Center for Civic Education (LCCE), and Support of Lebanese in Detention an Exile (SOLIDE).

3 This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the Lebanese Center for Human Rights (CLDH), COSV (Coordination Committee of the Organizations for Voluntary Service), KAFA (Enough) Violence & Exploitation and the Permanent Peace Movement (PPM) and can in no way be taken to reflect the views of the European Union. Kafa (enough) Violence & Exploitation, COSV (Coordination Committee of the Organizations for Voluntary Service), Lebanese Center for Human Rights (CLDH) and the Permanent Peace Movement (PPM).

4 Kafa (enough) Violence & Exploitation, Badaro, 43 Badaro street, Beydoun bldg., 1st floor, 116- 5042, Beirut, Lebanon +961-(0)1-392220-1 of ContentsAbout KAFA (enough) Violence & Exploitation 4 Author biography 41. Executive Summary 52. Introduction 73. Definitions and overview of international standards 10 What is Trafficking ? 11 What is the meaning of forced labor, servitude, slavery and practices similar to slavery ? 13 Conspiracy, Intent, and Lack of Consent 174.

5 The Lebanese context 19 Analysis of forced labor, servitude, slavery and practices similar to slavery in Lebanon 205. The sponsorship system 25 Immigration regulations 25 Visa and permit mechanics 276. The recruitment process 32 Deception and Due Diligence 33 Country bans and indirect routes to Lebanon 34 Commissions, recruitment fees, and profits 407. The lack of labor protection and Legal redress 42 Labor Law Reforms 438.

6 Conclusion 46 Recommendations 48 Appendices 49 APPENDIX A 49 APPENDIX B 51 Bibliography 534 About KAFA (enough) Violence & ExploitationEstablished in 2005 by a group of multi-disciplinary professionals and human rights activists, KAFA (enough) Violence & Exploitation is a Lebanese non-profit, non-political, non-confessional civil society organization committed to the achievement of gender-equality and non-discrimination, and the advancement of the human rights of women and children.

7 KAFA envisions a society where all its citizens live free of violence and exploitation and where they have equal access to opportunities and results and their human rights are respected, protected and enjoyed. KAFA believes that women s and children s rights are integral to this achievement and to building a free and fair society. KAFA s mission is to work towards eradicating all forms of gender-based violence and exploitation of women and children through advocating for Legal reform and change of policies and practices, influencing public opinion, and empowering women and children.

8 Our focus areas are those of 1) Violence against Women 2) Child Sexual Abuse 3) Exploitation and Trafficking in Women 4) Socio- Legal Counseling. KAFA combines in its work the various methods of lobbying, action-research, publication, training and awareness raising, and supporting the victims. Our work s guiding principles are those of the universality of human rights and the participation and inclusion of all target groups and marginalized people in our biographyKathleen Hamill, , , Esq. is the author of this study.

9 She is a licensed lawyer and an adjunct professor of international law at the Fletcher School of Law and Diplomacy at Tufts University. She holds a doctor of jurisprudence degree from Boston College Law School, a Masters Degree in International Law and Diplomacy from the Fletcher School, and a from Brown University. Hamill has worked as an independent researcher, advocate, and consultant in the Americas, Asia, Africa, Europe, and the Middle East. This includes academic fellowships and work in Angola (Conflict Management Group), in Brazil (Human Rights Watch), in Jordan (WILpower - regional association of women lawyers), in Lebanon (United Nations Development Program).

10 Hamill co-authored an amicus curiae brief in the Supreme Court case, Nike v. Kasky, and she authored a petition to the Inter-American Human Rights Commission in the case of Nogueira v. Brazil. Her paper, International Law, Cluster Munitions, and Perceptions of Justice, was presented in 2008 at the American University of Beirut conference, America and the Middle East: Liberty and Justice. In Geneva, she participated in a civil society delegation for Lebanon s 2010 Universal Periodic Review before the United Nations Human Rights Council, and she was the lead author of KAFA s stakeholder submission for that purpose.