Ομιλία
σε εκδήλωση/ προβολή ταινίας με θέμα:
«Τα δικαιώματα των μεταναστριών και η συμβολή τους στην Κυπριακή κοινωνία»
Σπίτι της Συνεργασίας, 17 Δεκεμβρίου 2015
Good evening everyone.
Dear friends,
First of all, I would like to thank KISA, on behalf of the Ombudsman, for inviting our Office to
coorganize this event, on the occasion of the International Migrants Day. I would also like to
congratulate the director and all contributors of the film we have just watched, for their
insightful perspective and artistic input to one aspect of our society that is mostly hidden and
undervalued.
The International Migrants Day is dedicated to all the courageous individuals who decide to
take the long journey -literally and metaphorically- of seeking a better life and a sustainable
future for themselves and for the people they leave behind. And also a day for all destination
societies to reflect their own policies for handling the challenges and opportunities that arise
from migration.
Women migrants in Cyprus constitute half of the migrant population and also the vast
majority of migrant workers when it comes to domestic employment. Usually their
employment does not reflect their level of education or vocational training, and their duties
include the caring of families, children and the elderly, along with all the chores of domestic
life. They usually live and work alone, mostly remote from the surrounding community, let
alone the society in general. Undoubtedly, these conditions create great difficulties for their
social inclusion and development. At the same time, the institutional framework regulating
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the entry, employment and work relations of domestic workers poses added obstacles to their
legal protection and to substantial remedies in case their rights are violated.
The issue of employment of women, third country nationals, in Cyprus has occupied our
Office extensively in recent years, mainly under the competence we acquired in 2012, as the
National Human Rights Institution. We have received and investigated hundreds of
complaints submitted by migrant women or NGOs working on the field, in relation to their
working conditions, their difficulty to report violations of the terms of their employment,
delays and unjust results in the examination of their labor disputes, their grounded fear of
deportation when asking to change employer. Among all these, we were informed of great
amounts of money owed to agents, of withholding of their passport and residence permit,
and rarely not, unfortunately, of limitation of their freedom, acts of violence and threats
against them, of sexual harassment. The common feature in most of the complaints was the
way the competent authorities handled -or did not handle- the domestic workers’ reports of
violations of not only their labor rights, but also their fundamental human rights. In the light
of our findings, we proceeded to systemic interventions to change the situation:
In 2010 we issued a Report on the examination of labour disputes of domestic workers,
coming to the conclusion that the whole procedure takes place in the absence of clear and
objective criteria, it is broadly applied in a discriminatory manner against the employees, it
underestimates the position of power of the employer, while it focuses on financial disputes
at the expense of the examination of the reported violations of rights, which are only
recorded. Based on these findings, we suggested the elaboration of a clear regulatory
framework for dealing with labor disputes, which clearly defines the activities and
responsibilities of the involved services, the strengthening the mediatory role of the
Department of Labour Relations, the facilitation the possibility of changing employer, the
training of competent Officers, and the establishment of an effective procedure for providing
information to both parties about the process and their rights.
In 2012 we issued another Report on the practice of arresting and detaining domestic
workers that were filing reports against their employer, until the completion of the labour
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dispute’s procedure. The domestic worker who made the complaint actually reported being
forced to reside in the same room with a fellow man, also working in the residence. While the
complainant was in custody, it was considered that the requirement for a separate room was
“extreme” and her deportation was decided. Expressing our deep concern about the handling
and outcome of the case, we asked for the immediate release of the complainant and for her
to be granted the right to find a new employer. The competent authority responded, and the
complainant was released.
The positive ending in this individual case, however, was not accompanied by any
improvement at the institutional level. Taking into account the content of the multitude of
complaints that continued to arrive, regarding the status and working conditions of domestic
workers in Cyprus, we proceeded in 2013 with an overall approach on the matter. The
Position that was submitted to all competent authorities, was based on the
study of all
relevant legal and institutional framework, the gender dimension of the issue, the regulation
of the labor relations, their integration in local communities, among others. Several
problematic aspects of the current framework and its implementation were identified and
analyzed, such as the content of the employment contract, the prohibition of association and
the problematic -still- procedure for the examination of labor disputes.
What was recorded, however, for the first time, was the authorities’ failure to detect and
recognize the practices followed during the employment of domestic workers which
potentially constitute trafficking for labor exploitation purposes. In other words, it was found
that the 'frontline' Officers, at the Police, the Labour Relations Department, the Immigration
Department, that come regularly in contact with domestic workers do not seem to take
sufficient cumulatively account of the indications of trafficking, a fact that raises questions as
to the ability and willingness to discern potential victims and to make the necessary referrals.
And yet, the circumstances under which they come and work in Cyprus as domestic workers
include increased risk of exploitation. The signs are many and should be studied carefully:
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- The content of the contract and the absolute link with a particular employer
- The arrival in Cyprus with heavy debts to agencies
- The practice of retention of personal documents
- The vagueness in the registration process
- The remote, difficult to inspect, workplace
- The frequent violation of employment conditions (excessive working hours, delayed
wages, work on more homes at no extra salary)
- The weak framework for the protection of labor rights
- The impunity of employers who violate the terms of employment or even human
rights
- The ease with which they become "outlawed" / invisible / undeclared domestic
workers
- The strongly interventionist, extra-institutional, role of agents and their poor control
Based on the above, we suggested, among others, the comprehensive review of the whole
framework, in a way that takes into account risks to human trafficking for labor exploitation,
noting that foremost guiding principle should be the protection of domestic workers from
trafficking, not only at prosecutional level, but mainly at preventional level. We also
suggested the validation of the Convention of ILO for Decent Work for Domestic Workers, the
transfer of the competency for the employment status of domestic workers to the
Department of Labour, instead of the Migration Department, the gender mainstreaming of
policies, the revision of the employment contract, the recognition of specific work
qualifications, the improvement of the workers’ access to health services, and so on.
Following our interventions, as well as recommendations made on the matter by European
and International agencies (GRETA, CERD), it is hardly evident that any measures of
relaxation of the regime of domestic workers in Cyprus have been taken. The changes made
last April in the institutional framework for the employment of domestic workers have
admittedly eliminated some of the unnecessary bureaucracy for the renewal of residence
permits and have provided slightly extended mobility among employers. Nevertheless, no
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substantial effort has been made so far for the substantial revision of the migration policy
concerning domestic workers, in respect to our recommendations and towards the
minimization of the risk of exploitation and the protection of the human rights of an
exceptionally vulnerable group of employees.
Our efforts to achieve changes in legislative and institutional level are continuing. Equally
important, though, is the change of attitudes that prevail in the wider Cypriot society
regarding the work of immigrant women and their exploitation practices. It is unfortunately
obvious that the implementation of the legal framework against domestic worker is
embedded in the collective perception as something "natural" and necessary. This perception
has, indeed, grown to such an extent that the systematic violation of their labor rights are
broadly accepted, even when they come from the same employers who have no such
intention. The root causes of this kind of thinking -ignorance, prejudice, racism, devaluationare also associated with trafficking and, therefore, their consequences to the persons affected
and to the level of human rights, in general, are serious and dangerous. That is why, our
Office, in the context of its expanded responsibilities for promoting and protecting human
rights, has developed, alongside with our institutional interventions, preventive actions in
relation to the issue, in education, in the general public, in local and other crucial authorities,
often in collaboration with NGOs.
In conclusion, I would like to assure you, on behalf of the Ombudsman, that our Office will
continue to closely monitor issues related to improving the conditions of domestic workers in
Cyprus and to express once again our readiness to contribute in any way to the initiatives
undertaken by governmental and non-state actors in this direction.
It is evident that we have a long way to go. The main problems and concerns of the domestic
workers living and working in Cyprus, let alone their valuable contribution to the society, are
yet to be recognized by the decision makers. “Anna”, and every other “Anna”, is continuing to
take care of our loved ones, to facilitate the balance between our family and professional life,
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to provide the alternative to the state’s obligation to cover those needs. As portrayed in the
film, in this kind of situations, the distinction between an employee and a family member is
often unclear and hard to maintain. It is, after all, humanly difficult to make this distinction
when it comes to long years of constant give and take with a person residing with your family
and addressing your needs. Yet, it is without doubt, necessary to maintain the distinction, on
all levels. Otherwise, what is at stake is something bigger than a month’s salary or a contract
violation. It’s Dignity, Respect and Freedom. Human rights that we all recognize and claim to
respect.
Th.D.
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