Whoa! Can one get more specific than this?
Background:
The UN Committee on the Elimination of Racial Discrimination (CERD), which operates under the authority of the International Convertion for the Elimination of Racial Discrimination (ICERD) has just issued a report on Singapore. Singapore signed the ICERD on 19 October 2015 and ratified it on 27 November 2017 and thus comes within scope of this convention.
In 2021, Singapore was reviewed by the Committee (CERD) for the first time. TWC2 and HOME jointly filed a report. We were then invited to zoom-chat with members of the Committee (based in Geneva) at two sessions -- a formal one and an informal one.
The Committee has now issued its report on Singapore. I am pleasantly surprised how specific the recommendations are with respect to migrant workers. Do note that the term "racial discrimination" in the convention is defined to mean "any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."
The convention allows States to make "distinctions, exclusions, restrictions or preferences" between citizens and non-citizens, but (as per para above) it is understood that any such distinctions, exclusions etc should not be to the degree where they impair the "enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life" of the non-citizen. In other words, a State can treat citizens better, but not by depriving non-citizens of their basic rights.
The full report (it's only seven pages) can be seen here: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fSGP%2fCO%2f1&Lang=en
For convenience, here is the section on migrant workers:
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Migrant workers
23. The Committee is concerned that:
(a) The Employment of Foreign Manpower Act, which governs employment conditions of migrant domestic workers, lacks adequate protection of their labour rights;
(b) Migrant workers are vulnerable to abuse and exploitation by their employers mainly because their work permits are tied to their current employers who have to give them
consent for changing jobs;
(c) Female migrant workers are subjected to mandatory testing for pregnancy and infectious diseases, and are deported upon failing these tests;
(d) The online reference channel allows former employers to provide unsubstantiated feedback about migrant workers, which can jeopardize their future job
prospects;
(e) The right of migrant workers to form and join trade unions of their choice is curtailed under the Trade Unions Act, which requires, inter alia, trade union officers who are
not Singaporean citizens to seek prior approval from the Minister of Manpower;
(f) The Protection from Online Falsehoods and Manipulation Act may have intimidating effects on the defenders of rights of migrant workers;
(g) Migrant workers who live in dormitories have been disproportionately affected by the coronavirus (COVID-19) pandemic and that their movement has been restricted
heavily and for a longer period than the general public;
(h) Employment in the services sector, unlike in construction, marine shipyard or process sectors, is permitted only to migrant workers of certain nationalities;
(i) Insufficient measures have been taken to reduce wage discrimination based on nationality (arts. 5 and 7).
24. Recalling its general recommendations No. 25 (2000) on gender-related dimensions of racial discrimination and No. 30 (2004) on discrimination against noncitizens, the Committee recommends that the State party:
(a) Ensure the protection of labour rights for migrant workers, particularly migrant domestic workers, including through regulating their employment under the Employment Act, taking into account particular vulnerability of female migrant domestic workers;
(b) Effectively address the issue of abuse and exploitation of migrant workers, including by allowing them to change jobs without requiring consent of their employers, imposing stricter penalties on perpetrators of such abuse, and providing migrant workers with unhindered access to justice, including to free legal aid, and effective remedies without fear of being arrested, detained or deported;
(c) Put an end to the practice of mandatory testing of female migrant workers for pregnancy and infectious diseases and their repatriation based on the test results;
(d) Eliminate the online reference channel that allows former employers of migrant workers to leave unsubstantiated feedback;
(e) Ensure the full respect of the right of migrant workers to freedom of association, including the right to form and join trade unions of their choice;
(f) Ensure that the Protection from Online Falsehoods and Manipulation Act is not applied in a manner that has intimidating effects on the defenders of rights of migrant workers;
(g) Improve living conditions of migrant workers, especially of those living in dormitories, and prevent and prohibit the adoption of discriminatory measures in the context of the COVID-19 pandemic, in full respect of their right to freedom of movement;
(h) Take necessary measures to ensure that the existing employment restrictions on “source countries or regions” with regard to the services sector do not amount to discrimination based on nationality;
(i) Intensify its efforts to eliminate wage discrimination based on nationality.
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Alex
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