Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Jordanie (Ratification: 1966)

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Observation

2023
2008

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Articles 1(1), 2(1) and 25 of the Convention. 1. Vulnerable situation of domestic workers to forced labour. Following its previous comments, the Committee takes note of the Government’s information, in its report, regarding the measures it has continued to take to protect migrant domestic workers from abusive practices and conditions of employment that could amount to forced labour.

(a)New legislation. The Committee takes due note of the adoption of Regulation No. 63 of 2020 governing agencies for the recruitment of non-Jordanian domestic workers, which provides for a number of measures aimed at ensuring better conditions of recruitment for these workers. These include:

Sections 3(a) and 8(a)(i), allowing the recruitment of non-Jordanian domestic workers only through licensed recruitment agencies that operate in accordance with the provisions of the Regulation, and prohibiting agencies from recruiting workers other than through a licensed entity in a country of origin that has signed agreements or memoranda with the Kingdom of Jordan.
Sections 8(b)(vii) and 9(e), requiring these recruitment agencies to secure private accommodations for domestic workers and prohibiting agencies and homeowners from charging worker fees or deducting any part of their wages to cover recruitment costs.
Section 12, empowering the Ministry of Labour (MoL) to inspect the agencies at any time to ascertain and verify the extent of their compliance with the law, and allowing the head of the Directorate of Domestic Workers to take action and issue sanctions against a violating agency, including suspension, and the MoL to impose harsher sanctions, such as fines or permanent closure of the agency’s license if the violation constitutes a serious breach of human rights or of the legislation in force (exploitation or employment of domestic workers as daily labourers, seizing of their wages, physical or sexual assault, mistreatment).

In addition, the MoL has issued instructions for agencies operating the recruitment of non-Jordanian domestic workers pursuant to Regulation No. 63 of 2020, which provide additional protection for non-Jordanian domestic workers through the regulation of their conditions of employment. For example, under section 13, the MoL may refuse to grant or renew a work permit if it is found that the homeowner or whoever resides with the worker has violated any of his or her corporal rights; found to have sexually assaulted him or her; delayed payment of wages; or mistreated him or her in any way. The Committee also notes that Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar categories, as amended in 2020, specifically regulates the working conditions of these workers, without distinction of whether or not they are Jordanian, and sets the responsibilities of the homeowners/employers in this regard, as well as the domestic workers’ rights.

(b)Procedure to change employers. The Committee takes note of the Government’s detailed information relating to the procedure to transfer to another employer in case of a complaint for violation of the Labour Act and/or the Regulation on domestic workers, as well as in cases of sexual or physical assault.

In the former case, a procedure is in place which entails the possibility of an amicable settlement or, otherwise, a report against the violating homeowner and a judicial procedure during which he or she is forbidden to recruit or arrange the transfer of a worker to work for him for a period determined by the Minister (section 11(d) of Regulation No. 90/2009). In the latter case, the workers are entitled to leave the employment and claim their rights. If the domestic worker wishes to work for another homeowner, the agency may transfer the worker to another homeowner without the current homeowner’s consent. If the worker refuses to work for another homeowner and wishes to return to the home country, the homeowner will then be denied the right to renew the worker’s work permit; to recruit another domestic worker or to have another domestic worker transferred to him/her for the period determined by the Minister of Labour; or to replace the domestic worker within a 90 day period from the date of the worker’s entry into the country or within a 30 day period from the date on which the homeowner receives the worker. The Government indicates that, in 2021, there occurred 8 153 transfers from one homeowner to another, although the nature of and reasons for these transfers have yet to be classified.

(c) Complaints. The Committee notes the Government’s information and statistics regarding the complaints received by the Directorate of Domestic Workers of the MoL, both in cases directed against homeowners and the recruitment agencies. The Government also refers to the electronic platform “Hemayeh” (“Protection”), launched in Arabic and English in 2020 and being translated into ten different languages, which is being developed to allow complaints to be filed electronically. The form includes questions related to forced labour indicators; if more than one indicator is signalled, the complaint is referred to the Anti-Human Trafficking Unit (AHTU). The Government indicates that, in 2021, four complaints concerning suspected cases of trafficking in persons falling within the remit of the Ministry of Labour were received by the AHTU. In addition, 18 complaints were received in the framework of which action was taken against recruitment agencies (i.e., warning or suspension), and there were 92 complaints relating to the withholding of female domestic workers’ travel documents, all of which were resolved.

The Committee encourages the Government to continue its efforts to protect migrant domestic workers from abusive practices and conditions of work that could in certain cases amount to forced labour. In this regard, it requests the Government to provide information on the application of the new regulations in place, in particular on the number and nature of: (i) inspections and controls conducted of recruitment agencies and households; (ii) violations identified and penalties imposed on both recruitment agencies and employers/homeowners; and (iii) complaints made by domestic workers. The Committee also encourages the Government to compile and classify the nature, reasons and circumstances of the cases leading to a transfer of employers, and to provide more information in this regard. Finally, the Committee requests the Government to provide specific information on cases in which indicators of forced labour have been identified and the cases have been referred to the AHTU, as well as on the penal action initiated as a result.

2. Trafficking in persons. Following its previous comments, the Committee takes note of the various measures adopted by the Government to strengthen the action to combat trafficking in persons for both sexual and labour exploitation. In particular, it notes the following:

(a) Legislative and institutional framework to combat trafficking in persons. The Committee notes with interest the Government’s information that the Anti-Human Trafficking Act No. 9 of 2009 was amended by Act No. 10 of 2021, which amongst others, increases the penalties under section 9 of the Act; provides that victims receive appropriate assistance and care, including for their rehabilitation and reintegration; provides for the establishment of the Human Trafficking Victims Assistance Fund to grant the requisite assistance to victims and those affected by human trafficking crimes (section 14). Furthermore, under section 17 of the Act, a number of public prosecutors or specialized judges will be designated in each court of first instance to hear cases of human trafficking. The Committee also takes note of the adoption of the National Strategy and Action Plan to Prevent Human Trafficking (2019-2022), which includes several dimensions such as awareness-raising, including among refugees; ensuring the prompt identification of potential victims; providing full and adequate protection and assistance to victims; and broadening the scope of partnership with civil society organizations.
(b) Identification and protection of victims. The Committee notes that the MoL continues to hold training courses for labour inspectors throughout the country, including a training that enabled twelve labour inspectors to become trainers in dealing with trafficking in persons cases. The labour inspectors who took part in the course for trainers have conducted seven training courses for 75 labour inspectors, covering how to identify victims of trafficking and to refer them to service providers and the competent authorities. In addition, the Committee notes the Government’s indication that a draft National Referral Mechanism and Standard Operating Procedures for dealing with and protecting victims of trafficking (NRM SOPs) has been prepared which lays down a set of indicators for identifying victims and sets out the subsequent procedure for sheltering, protecting and assisting victims.
(c) Investigations and prosecutions. The Committee takes note of the statistics provided by the Government regarding the number of cases of trafficking in persons: in 2021, there were 35 cases (12 for sexual exploitation, 19 for forced domestic labour, and 4 for forced labour); between 1 January and 30 April 2022, there were 11 cases (4 for sexual exploitation, 6 for forced domestic labour, and 1 for forced labour).

The Committee requests the Government to provide information on the measures taken for the effective implementation of the different dimensions of the National Strategy and Action Plan to Prevent Human Trafficking, as well as on any assessment of the results achieved, the difficulties encountered and the measures taken thereon. The Committee also encourages the Government to further strengthen the capacity of law enforcement bodies to identify and prosecute cases of trafficking in persons, for both labour and sexual exploitation, and to provide information on the cases referred to the public prosecutors or specialized judges and on the penalties applied to the perpetrators. Finally, the Committee requests the Government to indicate the progress made in relation to the adoption of the NRM SOPs and the number of victims of trafficking identified and provided with assistance, either through these procedures or through the Human Trafficking Victims Assistance Fund.

The Committee is raising other matters in a request addressed directly to the Government.