US embassy cable - 03AMMAN7340

C O N F I D E N T I A L SECTION 01 OF 04 AMMAN 007340 
 
SIPDIS 
 
DEPT FOR NEA/ARN AND G/TIP 
LABOR FOR ILAB 
 
E.O. 12958: DECL: 11/10/2013 
TAGS: ELAB, SMIG, PHUM, SOCI, JO 
SUBJECT: SIGNIFICANT IMPROVEMENTS HELP FOREIGN DOMESTIC 
WORKERS 
 
Classified By: Ambassador E. Gnehm for reasons 1.5 b and d 
 
1.  (U)  This cable contains an action request for G/TIP, see 
para 20. 
 
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SUMMARY 
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2.    (U)  UN, diplomatic and other sources indicate that the 
GOJ has made significant strides in 2003 to secure and 
protect the rights of foreign domestic workers (FDWs) in 
Jordan.  In January, the Ministry of Labor and other 
concerned parties rolled out a standard, mandatory work 
contract for FDWs.  The contract provides for FDWs, rights 
to life insurance, medical care, rest days and timely payment 
of wages and it reiterates their right to be treated 
according to international human rights standards.  In March, 
the GOJ promulgated a provisional law that regulates and 
places tighter restrictions on recruiting and employing 
agents.  One immediate effect of the law was the closure of 
numerous recruiting/employment agencies; Ministry of Labor 
officials report that the number of qualified agents is now 
60, compared with up to 350 agents prior to the law.  The law 
also brought FDWs under Jordanian labor law -- including 
minimum wage law -) for the first time. 
 
3.    (U)  The GOJ,s labor reforms and its cooperation with 
international organizations and source country embassies are 
beginning to make a difference.  Source country embassies 
tell us that instances of abuse are down and that wage 
disputes are regularly settled.  The United Nations hopes to 
export the Jordan model for dealing with the FDW issue to 
other countries in the region.  The UN and the GOJ have 
discussed the possibility of establishing an NGO to assist 
and represent FDWs in Jordan but lack the necessary funds. 
The Embassy would welcome any suggestions that G/TIP may have 
on funding sources for this worthy initiative.  While FDWs 
continue to register complaints, particularly with regard to 
the non-payment of wages, the overall climate for domestic 
workers has improved and, more importantly, the GOJ clearly 
recognizes the need to protect these workers.  END SUMMARY. 
 
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BACKGROUND:  UNIFEM WORKS TOWARD STANDARD CONTRACT 
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4.  (U)  In August 2001, the United Nations Development Fund 
for Women (UNIFEM) and the Ministry of Labor signed an MOU to 
begin the "Empowering Migrant Women Workers in Jordan" 
project.  This project will continue through 2004 and aims to 
promote FDW rights and strengthen accountability in hiring 
and dispute resolution.  It is part of a regional program 
focused on domestic workers in selected countries, with 
Jordan as a receiving country and Nepal, India, Indonesia, 
the Philippines, and Sri Lanka as source countries. 
 
5.  (U)  In 2002, the project led to the formation of a 
steering committee made up of UNIFEM, the Ministries of 
Labor, Interior, and Planning, the Public Security 
Directorate,s Family Protection Unit, two Jordanian women,s 
organizations, and the embassies of Indonesia, the 
Philippines, and Sri Lanka.  The committee continues to meet 
on a monthly basis.  In January 2003, it rolled out a 
mandatory standard work contract for FDWs, written to comply 
with ILO conventions.  This contract is a first for Jordan, 
and UNIFEM views it as a model for the region.  The contract 
is now a requirement for new FDWs to obtain visas before 
entering Jordan, as well as residence and work permits after 
arrival. 
 
6.  (U)  Parties to the contract include the FDW, the 
employer, and the employing agent, and a copy of the contract 
is provided to the FDW's embassy.  The contract provides for 
FDWs' rights to life insurance, medical care, rest days, and 
timely payment of wages, and it reiterates the right to be 
treated according to international human rights standards. 
It stipulates that employers are responsible for the costs of 
obtaining work and residence permits, and establishes a 
monthly wage (subject to Jordanian legal minimum wage). 
 
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LABOR MINISTRY IMPLEMENTS LEGAL AND REGULATORY CHANGES 
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7.  (U)  In March 2003, the GOJ promulgated a Labor 
Ministry-drafted provisional law establishing Ministry 
oversight of FDW recruitment and certain employment 
conditions, and bringing domestic workers (native and 
foreign) under Jordanian labor law -- including minimum wage 
laws -- for the first time.  The law lays out strict 
requirements for licensing of employment agents: they must be 
Jordanian citizens or Jordanian-registered companies of good 
repute, must not have a criminal record, must sign a 
standards of acceptable conduct document, and must be 
licensed before beginning operations.  The law details the 
procedure by which agents obtain Ministry concurrence for 
individual FDW contracts and defines and limits the fees that 
agents can charge.  Finally, agents are prohibited from 
recruiting or employing workers under 18 years of age, and 
only licensed agents may recruit and employ new FDWs. 
 
8.  (U)  The law also empowers the Labor Minister to enact 
implementing regulations.  To facilitate this, the Ministry 
has formed a committee consisting of Ministry representatives 
and licensed agents.  One regulation in place since March is 
a requirement that all licensed agents maintain a 50,000 
Jordanian dinar (USD 70,000) escrow account to which the 
Ministry has access for resolving any payment disputes that 
arise.  Another is a requirement that the standard contract 
be used for all new FDWs.  This is an exception to the labor 
law, which normally grants employers and employees the right 
to establish working conditions on an individual basis.  The 
Ministry is currently working with other relevant ministries 
to establish procedures to grandfather in FDWs already 
resident in Jordan. 
 
9.  (U)  One immediate effect of the law was the closure of 
numerous recruiting/employment agencies.  Before the law, as 
many as 350 agencies in Jordan may have recruited FDWs. 
According to the Minstry, only 60 agents have qualified for 
licenses under the new requirements since July 1. 
 
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THE CURRENT SITUATION 
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10.  (SBU)  Statistics on FDWs in Jordan are generally not 
available, largely because the GOJ was not directly involved 
in regulating FDWs until this year.  The Ministry believes 
that there are more than 16,000 FDWs in Jordan, based on the 
number of valid residence permit holders (but admits that its 
estimate is low).  Other estimates, including UNIFEM,s, 
range as high as 50,000.  The Sri Lankan Embassy estimates 
that there are at least 25,000 Sri Lankan FDWs in Jordan, the 
Philippine embassy estimates at least 7,000 Philippine FDWs, 
and there are much smaller numbers from other source 
countries, with Indonesia and India having the largest FDW 
populations in this remaining group. 
 
11. (U) One reason for the discrepancy in estimated numbers 
of FDWs is the common practice of allowing residence permits 
to lapse.  This occurs when employers refuse to pay to obtain 
or renew permits, or when FDWs change employers and simply do 
not obtain a permit.  All persons in Jordan (including 
tourists) without legal status are subject to a 1.5 JD (2.10 
USD) per day fine, with no cap, and individual violators are 
liable for the fines.  Accumulated fines are the greatest 
single hurdle to repatriating FDWs wishing to leave Jordan. 
Source country embassies report that the Ministry of Interior 
has waived these fines in some cases, often involving 
egregious behavior by employers or guarantees from the 
departing FDWs that they will not return.  According to the 
Labor Ministry, the GOJ grandfathering working group (para 8) 
is considering an overstay fine amnesty for FDWs who entered 
before the changes were enacted to encourage illegal 
residents to participate in the new procedures. 
 
12.  (U)  The most frequent FDW complaint by far is 
non-payment of wages.  Such complaints range from delayed 
payments to no payment at all.  According to the Sri Lankan 
embassy, such situations are normally resolved, especially if 
the FDW was hired through an agent who can facilitate 
resolution.  Source country embassies also assist in 
mediating disputes, and the vast majority of cases brought to 
their attention are resolved. 
 
13.   (U)  Another common complaint is that employers are 
unwilling to renew FDWs, residence permits.  Some Jordanians 
have pointed out that the marginal price difference between 
obtaining residence permits (almost 1 JD or 1.40 USD per day) 
and paying overstay fines creates a disincentive for 
employers.  They argue that employers risk losing their 
employees once the FDW has obtained a transferable, one-year 
permit and no longer has a need to remain with the employer. 
When employers fail to renew permits, they transfer costs and 
risk to FDWs.  Other complaints include verbal abuse and 
employers retaining their FDWs, passports (which is illegal). 
14.  (C)  Allegations of physical or sexual abuse are less 
common.  The Sri Lankan Embassy considers physical abuse rare 
and reports that most cases are resolved through mediation by 
employment agents.  The Philippine Embassy told us that four 
Philippinas reported being raped in 2002, though it is 
unclear whether any of the perpetrators were employers. 
However, all agree that accurately quantifying abuse in 
Jordan is extremely difficult as it is not reported to a 
single source and often simply goes unreported.  In cases 
that have been reported to the GOJ, there is no history of 
successful prosecution. 
 
15.  (SBU)  One reason FDWs are reticent to report abuse is 
that they do not want to negatively affect their working 
conditions or lose their jobs, especially since employers 
sometimes counter charges of abuse with accusations of theft. 
 Another reason is the language barrier between low-level GOJ 
officials and FDWs.  The traditional source of redress and 
reconciliation in Jordanian society is through the family, as 
opposed to the state, an option not available to FDWs.  Thus 
source country embassies comment that abuse often gets 
reported only to the embassies, and that the FDWs simply 
leave the country before the GOJ addresses the issue.  Many 
FDWs are not given regular time off (as the new contract 
requires), though source country embassies report that their 
nationals do not complain about this since they come with the 
understanding that they must meet the needs of the households 
where they work. 
 
16.  (C)  The Labor Ministry claimed to us that no FDWs have 
entered the country illegally since the new procedures were 
put in place earlier this year.  However, the Indonesian , 
Philippine and Sri Lankan Embassies believe that FDWs 
continue to enter Jordan illegally, i.e. on tourist visas, 
often without a valid contract.  The Philippine Embassy 
asserts that some groups of Philippine domestic workers have 
been admitted by border authorities because of the wasta 
(connections) of some agents.  The source country embassies 
also agree that one of the biggest challenges to improvement 
of working conditions for FDWs in Jordan is unscrupulous 
recruiters in source countries.  These recruiters often 
promise specific but unrealistic jobs, wages, and working 
conditions to lure source country nationals into work 
contracts in Jordan. 
 
17.  (C)  A long-resident Roman Catholic priest working with 
the Philippine and South Asian FDW community assesses the 
current level of abuse as significantly lower than in the 
mid-1990's.  He ascribes the improvement to the opening of 
several source country embassies and active source country 
efforts to monitor and protect their national communities in 
Jordan. 
 
18. (U) UNIFEM and source country embassies have found the 
Ministry and the Public Security Directorate,s Family 
Protection Unit (which handles abuse of women) to be 
cooperative.  They also agree that the provisional law and 
the standard contract are steps in the right direction for 
FDWs.  UNIFEM hopes to export the Jordan model for dealing 
with the FDW issue to other countries in the region and is 
committed to assisting the GOJ in making these changes work. 
 
19. (U)  All sources concur that that while the recent labor 
standards focus for foreigners has been on domestic workers, 
this is because working conditions in other industries are 
better, largely due to Ministry enforcement of industrial 
labor standards and union involvement. 
 
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ACTION REQUEST 
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20.   (U)  The Ministry and UNIFEM agree further on the need 
for an NGO to represent and assist FDWs in Jordan. In fact, 
there are already informal networks that support compatriot 
FDWs on an ad hoc basis.  However, UNIFEM and the GOJ are 
unable to fund such an initiative, with the Ministry pointing 
out that there is not even a GOJ-supported shelter for abused 
Jordanian women. While no specific request was made, both 
entities are searching for funding and are unsure where they 
will find it, particularly over the long term.  Department 
guidance on this issue would be appreciated. 
 
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COMMENT 
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21.  (U)  While it has taken years of behind-the-scenes 
effort by source country embassies and UNIFEM to improve the 
conditions of foreign domestic workers in Jordan, the Labor 
Ministry's adoption of a standard FDW contract, promulgation 
of the provisional law on FDW, and implementation of tighter 
requirements for employment agents are real steps in the 
right direction.  While only time will tell whether these new 
regulations will be effective in implementation and 
enforcement, if successful, they could become, as UNIFEM 
hopes, a model for other countries in the region. 
GNEHM