Guidelines issued to protect domestic staff in embassies

The Migrant Rights Centre of Ireland (MRCI) has welcomed guidelines which aim to give greater protection to domestic workers employed by embassies and diplomats as a "first progressive step" but warned that enforcement may remain problematic.

Aoife Smith, coordinator of the MRCI's Domestic Workers Action Group said the guidelines being introduced by the Department of Foreign Affairs were "very welcome" and in line with progressive measures introduced in other countries.

Under the new guidelines diplomats will have to sign a contract agreeing to pay minimum wage and allowing for labour inspections, which the migrant advocacy group described as “significant”.

However, she cautioned that enforcement remained “problematic” due to the protection provided by diplomatic immunity under the 1961 Vienna convention.

The convention gives diplomats certain privileges including immunity from the criminal jurisdiction of the receiving state and immunity from its civil and administrative jurisdiction.

Ms Smith stressed that the majority of embassies already respected domestic workers rights but cautioned that, in the small number of embassies where problems arise, “if they fail to engage (the guidelines) will be very difficult to enforce”.

In recent years the MRCI has supported a number Dublin-based embassy staff who alleged that they were the victims of exploitation by their employers.

Ms Smith said that, since 2008, the MRCI have referred 26 cases of human trafficking for the purposes of forced labour to gardai of which 19 involved domestic workers. She said nine of those cases had involved domestic workers employed in embassies and diplomatic households.

Announcing the new guidelines, Minister for Foreign Affairs and Trade, Charlie Flanagan said they "will help to prevent exploitation of domestic workers in diplomatic households and to assist victims".

“While we believe that the majority of diplomatic staff already follow good practice, it is best practice internationally to provide clear employment guidelines and a framework for their implementation.”

He added that their introduction was consistent with Ireland’s recent ratification of the International Labour Organisation (ILO) Convention on Decent Work for Domestic Workers.