The Jordanian press reported today that the Cabinet has introduced new regulations governing domestic workers. Under the new measures, the workers will be entitled to: a 14 day annual leave and 14days of paid ‘sick leave’, be allowed to contact home once a month at their employer’s expense, and work no more than ‘10 hours’ per day – 10 hours per day! Very generous that in a country where the public sector shuts down at three and even earlier during Ramadan. The new benefits also include a clause guaranteeing religious freedom.
And in return for these generous benefits, the employees will be expected to – and I quote: “...do their job with utmost integrity and faithfulness respect the privacy of their workplace and maintain its contents, not reveal the secrets of the house, respect the employer's traditions and culture, and not leave the house without the employer's permission”.
And:
“If a domestic helper runs away from her workplace, the employer will not be obligated to fulfill any financial obligations to the worker, nor will the employer bear the expense of sending the domestic helper back to her country.”
Yes, and we all know what that means: the worker will be locked up in a police station until someone coffs up the repatriation fees.
The new regulations come in the wake of a string of allegations regarding the plight of domestic workers in Jordan. The case of 150 Filipino workers who took refuge in their embassy in Amman in 2008 from abusive employers drew international media attention after the Philippine government placed a temporary ban on its citizens travelling to work in Jordan. The crimes committed against them included non-payment of wages, physical abuse and even rape, not to mention overwork, the restriction on mobility, communication and isolation.
The media attention was no doubt embarrassing for the government – which had never showed any real initiative to address the concerns before – and I guess placed some pressure on it to finally act. After all, human rights are supposed to be key issues under the terms of the FTAs with the EU and the US – but regardless do not have appeared to have had much leverage in Jordan’s case.
Although the new regulations are to be welcomed and follow changes in the Labour Law that protect the rights of foreign workers, in reality, like most things in Jordan, they will fall down on implementation. We are told that a new committee will be formed to enforce the regulations, comprising labour ministry officials and representatives from the police and the Non-Jordanian Domestic Helpers Affairs Committee. But what mechanisms will be put in place to enforce such regulations? None have been announced to date. Or is it just a straw man to stave off the attention of the media and international donors?
Human Rights Watch has recommended a couple of proposals. First, that all domestic workers appear at the labour ministry “in the presence of the home owner within the first month of work to ensure she is aware of her rights and duties under her employment contract and under this regulation, of which she should receive a copy in a language she understands.” Secondly, that the police and others investigate cases “where there is credible evidence of abuse, and not only where there is an official complaint.”
This is highly unlikely for a number factors: lack of institutional capacity, lack of will, and lingering cultural norms which view this form of servitude as acceptable (just look at the Gulf slave economies). Also, by the very nature of their work, domestic servants are employed in private households concealed from prying eyes. The typical experience of a domestic worker arriving in Jordan goes something like this: they are collected from the agencies and whisked off to houses, rarely to be seen again, unless carrying shopping in a supermarket, pushing prams in the shopping malls or minding the children in the Nadi while the mothers drink coffee. Once in the houses they are at the full mercy of their employers and despite the new 'protections' this is the way things will remain as long as a culture persists in which a modern day form slavery is widley seen as acceptable.
