Aware that the UN Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees 1967 enabled in the past the human care and settlement of millions of refugees and that the Convention and Protocol are still needed today and must be put into practice,
Aware that the term refugee still technically only applies to people who flee their country for civil or political reasons and that the current definition can be a barrier to a woman claiming refugee status,
Aware that many refugees today are women forced to flee their homes who cannot return for fear of persecution or death from physical abuse, domestic violence, honour killings, forced marriages or harmful cultural traditions endured or suffered because of their gender,
Aware that many female refugees and migrants are employed in domestic work,
Referring to the provisions of
- the Universal Declaration of Human Rights (10/12/48),
- the Convention on the Elimination of all Forms of Discrimination against Women (1979) CEDAW,
- the International Convention on the Protection of the Rights of Migrant Workers and Members of their Families (1990),
- UN Convention on Civil and Political Rights (1966),
THE INTERNATIONAL COUNCIL OF WOMEN is urged
1. to use its consultative status to recommend the inclusion of gender as one of the grounds of well founded fear of persecution contained in the definition of refugee set out in the UN Convention relating to the Status of Refugees 1951 and the 1967 Protocol,
2. to ask its affiliated National Councils to request their Governments to adopt and execute this resolution,
3. to request its affiliated National Councils to lobby their Governments to recognize that domestic work in private households is proper work and fulfils one of the conditions to obtain an immigration status; to provide clauses for domestic workers in labour law:
- for the full and non-discriminatory employment rights and social protection, including minimum wage, sickness and maternity pay, and pension rights,
- the right to a legally enforceable contract of employment setting out minimum wage, maximum hours and responsibilities,
- the right to family life, including health care and education for children of migrant domestic workers,
- the right to recognition of qualification, training and experience obtained in the home country,
- the right to personal and leisure time,
- the right to change employers,
- the right to join a trade union.
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Source: International Council of Women (ICW-CIF) — 30th General Assembly, Perth, Western Australia, August 31 – September 5, 2003. Resolution No. 15.
