In Lebanon the law covering the work of migrant domestic workers (MDWs) is deeply unjust. The situation of MDWs in Lebanon and the Middle East has been described to be a “little better than slavery”. That the law and practice should be reformed is clear. Whether this will happen any time in the near future is much less clear. What I want to focus on in this blog post is the question of how individuals who object to the law and practice should act.
A brief background: There are an estimated 200,000 MDWs employed by Lebanese families. The vast majority are women from Sri Lanka, Ethiopia, the Philippines and Nepal. MDWs are employed on short-term contracts. They are admitted into Lebanon on work visas that link them to a specific employer (a sponsor) and obliges them to live at the home of their employer. Their contracts are not covered by Lebanese labour law. This means they are excluded from entitlement to the Lebanese minimum wage guarantees, maximum number of working hours, vacation days and any compensation for unfair termination of contract. The contracts the migrants sign in their home countries with recruitment agencies are not recognized in Lebanon. Upon arrival they sign a contractual agreement (in Arabic), binding them to a specific employer (sponsor) often with different terms than the contract they signed home. The fact that their stay in the country is tied to their employer means they have practically no room for negotiating the terms of the contract. The government has recently imposed a standard contract for employing MDWs but it is far from being fairand is in any case poorly enforced. The facts are that there is a high incidence of abuse against MDWs. This ranges from “mistreatment by recruiters, non-payment or delayed payment of wages, forced confinement to the workplace, a refusal to provide any time off for the worker, forced labor, and verbal and physical abuse”.
Source: Al-Akhbar (http://english.al-akhbar.com/node/18752)
The question: International organizations and more recently local NGOshave been advocating and proposing reforms. Meanwhile, what should individuals do? They should take a clear stance in favor of the reforms, support NGO initiatives and awareness campaigns and combat attitudes of racism. That much seems obvious. A more difficult question, I find, is whether individuals ought to
(A) refrain from employing MDWs as long as the practice is unjust; or
(B) employ MDWs while individually applying the terms and conditions that a fair law would require.
On reason in favor of (A) is that employing MDWs counts as contributing to sustaining an unjust practice. One can easily avoid participating in the system as there is no sense in which refraining from employing an MDW imposes an unreasonable cost on individuals. Additionally, even if one could improve the conditions through individual arrangements with the MDW herself/himself (the vast majority of MDWs in Lebanon are women), one has no control over the other dehumanizing factors starting with the recruitment procedures in their home countries. Moreover, it is not only the contractual framework that is unjust. The justice system offers little protection, and a biased media and widespread racism make it the case that MDWs are highly vulnerable to mistreatment and abuse. I find this position rather convincing, but I also have the worry that it seems to be the easy way out.
I also think there are strong arguments in favour of (B). One can point out that the vast majority of MDWs migrate to escape severe poverty and send most of their earnings back home (remittances were estimated at $90million dollars in the first half of 2009; and remittances make up a high shareof the GDP of some countries).Surely, it is better to offer them employment under fair conditions, notwithstanding the objections above, especially when noting that they are going to seek employment in Lebanon anyhow? The difficulty with this line of argument, however, lies in the host of tricky questions it raises. To mention only some, should one ensure that her prospective employee was not coerced (or misinformed) into taking up the job in her home country? If so, when does the cost of doing so become unreasonable? What counts for a fair wage and working conditions? Is that the country’s minimum wage? What if someone cannot afford paying the fair wage? Does that mean one should opt for (A)?
These questions raise a difficulty for the following reason: if the rationale behind choosing (B) over (A) is that (B) improves on some person’s conditions and as such reduces the harm whereas (A) merely allows the harm to happen, then any improvement on the current conditions, no matter how small, would justify (B). This seems problematic. My intuition, is that one should try to maximally provide what ideal conditions would require. Take the example of wages for instance. I am assuming that determining what counts as a fair wage, whether equal or higher than the minimum wage, is not very complicated. Now, if the ideal wage exceeds what one is willing to pay for the service of an MDW, then one should not necessarily opt for (A) but rather pay the maximum amount beyond which the service is no longer attractive. This would imply, I presume, that people with higher incomes should pay higher wages. The assumption here, of course, is that individuals are genuinely interested in making the right ethical choice.
I am not sure I can fully defend the above intuition. Therefore, I would like to hear your views on this. I find the choice between (A) and (B) difficult, and this is a dilemma faced by many friends and family members home.