Showing posts with label Domestic Workers. Show all posts
Showing posts with label Domestic Workers. Show all posts

Thursday, 17 February 2011

Second-Class Citizens?


By Irwin Loy



Faced with a shortage of domestic help, Malaysia has been turning to Cambodia to find workers. Many, though, aren’t receiving what’s promised.

The wound over Lay Limheang’s left ear has healed into a coarse, bulbous lump. But she says it’s the scars you can’t see that trouble her most now.

There have never been many options for women like her in this small village in central Cambodia: make your living in the fields, or head to town and get a job at the factory.

Limheang chose the latter. But she found she could barely make ends meet working for $80 a month, so in 2009, she quit her job and moved to Phnom Penh to train as a live-in housemaid.

By that September, she was starting a new life in Kuala Lumpur. She had spent months learning how to cook and clean. But within weeks, battered, penniless and holding no passport, she says she was praying for an escape.

Malaysia is facing what’s been described as a crisis over its foreign domestic workers: there just aren’t enough of them. Now, Malaysia has turned to countries like Cambodia to fill in the gap. And with its burgeoning population—disproportionately young, unskilled and underemployed—it seems like a natural fit.

Almost overnight, the number of women leaving Cambodia to work in Malaysia has skyrocketed, but the crucial regulations and oversight meant to keep the women safe haven’t kept pace. At best, the industry’s harshest critics say, foreign maids in Malaysia are treated like second-class citizens and denied minimum labour rights afforded to other workers. At its worst, the job can become a form of modern-day debt bondage.

For Lay Limheang, the problems started within weeks of arriving in Malaysia. The agency that trained her had provided her courses in basic English—she learned the words for different kinds of food and household objects, as well as some simple commands. But the couple she was placed with didn’t speak English.

‘My boss asked me to bring her some vegetables, but I couldn’t understand what they said. They were speaking Chinese,’ she says. ‘So they slapped me.’

She claims the abuse became progressively more frequent—and more violent.

‘I was so scared whenever my boss came home. I just expected that I would be hurt again,’ Limheang says.

She’s far from alone in making such claims. In 2009, Indonesia—the main supplier of Malaysia’s estimated 300,000 foreign domestic workers—imposed a moratorium barring new maids from heading to Malaysia, following a string of high-profile abuse cases. The two sides have yet to reach a new agreement despite continued negotiations on wages, mandatory days off and other benefits. Many of Malaysia’s basic rules under its Employment Act that cover rest days, work hours, termination, holidays and maternity leave explicitly don’t apply to foreign maids, known as ‘domestic servants’ under the law.


Meanwhile, the number of Cambodian women working in Malaysia has jumped dramatically. Last year, Malaysia issued 28,561 work visas to Cambodians, according to statistics provided by the Malaysian Embassy in Phnom Penh. More than 24,700 of those were given to domestic workers. That figure is almost five times the total number of visas issued just two years earlier.

At the same time, the number of recruitment agencies operating in Cambodia has taken a corresponding leap. These have established loose networks of agents paid to recruit potential employees from villages throughout the country.

Yu Khorn is one of them. Shirtless and sweating in the afternoon heat, he parks his motorbike beside the family’s cows.

He says he was paid $90 a month to recruit women from the surrounding villages. ‘I learned how to convince people. How to speak to people,’ Khorn says. ‘You tell the women, “You don’t have to worry about supporting your families. The company will take care of it.”’

He pulls out a pamphlet that he says he gives to prospective recruits. Young women are pictured grasping fistfuls of US dollars. ‘Two years = $3,500,’ the pamphlet declares. Work 3 years and earn $5,600. Four years gets you $7,800. The minimum wage at the closest factory here is $61 a month.

‘I have a chance to help people in my community,’ Khorn says, pointing toward a large wooden house down the path. It towers over most others in this village. The woman that owns it, he explains, worked in Malaysia for two years. When she returned, she was rich enough to build it.

But authorities in the surrounding commune say they are alarmed by the number of middlemen who have started operating in the area in the last 18 months. Some of the more destitute villages have proven to be fertile grounds for recruitment. In one village alone, 30 women have signed on to what local police chief Hun Miera believes is an uncertain future.

‘These people don’t have legal protection when they leave. Anything could happen to them,’ he says.

But more and more women have still been willing to take the risk.

‘The people are very poor. They only have one way to make income: by farming,’ he says. ‘The crops weren’t good this year, so they’ve become poorer. So they look to Malaysia.’


A few kilometres away, the flattened dirt road gives way to a muddy, uneven path. The houses here are noticeably more basic than in neighbouring villages—thatched leaves for walls, or uneven wooden planks badly in need of replacement.

This, local officials say, is one of the poorest villages in the commune.

Ein Chhunly sits on a slatted bamboo bed perched over the mud, explaining why most of the women in the village have asked her about sending their daughters off to Malaysia.

‘There isn’t much, here,’ she says with a shrug. ‘There’s not a lot of work.’

Chhunly says an agency pays her to recruit local women. On behalf of the company, she promises the parents 50 kg of rice and the equivalent of $125 in cash up front—a gift, she says. If the women make it to Malaysia, they can earn up to $285 each month.

To many of the parents here, the offer is difficult to turn down. Chhunly says she has referred at least 20 young women herself. Even her two daughters, who struggled to save any money while working at the factory, left last year.

She expects many more will follow in their footsteps—if they return with good news.

‘A lot of people are interested in going,’ she says. ‘But they’re waiting for my daughters first.’

And that’s what worries critics of the industry. Labour rights groups say they’re observing a new trend: women have started complaining of ill treatment, either in Malaysia, or during the training process at home.

Adhoc, a local human rights group, is handling more than 50 new cases from workers who have returned from Malaysia, says Lim Mony, the head of its women’s programme. Some have claimed they were raped while on the job.

Another non-governmental organization, the Community Legal Education Center (CLEC) saw its first domestic worker client last year. Now the group is advising more than 20 women who have claimed various forms of abuse or mistreatment.

‘We think it’s a serious problem,’ says Moeun Tola, who heads CLEC’s labour programme. He says many women don’t understand that the money their families initially receive for signing up—what they see as gifts—must actually be worked off. So do the costs of medical tests, visa applications and other expenses. In the end, many of his clients say they go months on end without seeing a single dollar.

Once there, workers have complained that they have few options if they are abused. They say company representatives rarely, if ever, visit the employers’ homes.

‘There’s no protection,’ he says. ‘It’s not just about giving people jobs. There should be someone that inspects the homes regularly to make sure the workers are alright.’

The rapid growth in demand for domestic workers has also left authorities in Cambodia—and the industry itself—struggling to keep up.


Last July, authorities in Phnom Penh raided a recruitment firm, where they found more than 200 people, including underage girls, crammed into rooms in the training complex. Within a week, another agency made local headlines after a woman leapt over the walls to escape, claiming she had been held against her will because she couldn’t pay off her debt.

An Bunhak, director of the Association of Cambodian Recruitment Agencies, says the existing Cambodian law governing the industry, which is more than 15 years-old, has grown inadequate for the current situation. The government is expected to pass stricter regulations this year, including minimum standards at the facilities and restrictions on loans.

But while he acknowledges there have been some bad actors in the industry, he says he believes they are still a minority.

‘Not all the companies act like this,’ he says. ‘We have a code of conduct for our members.’

And in a country where an estimated 250,000 young people are expected to enter the workforce every year, Cambodia must consider domestic work as a valuable option for many of its citizens, he adds. ‘We want to strengthen the industry to protect our migrant workers.’

Malaysian officials, meanwhile, dispute these negative characterizations of the industry. Raja Saifful, the deputy chief of mission for the Embassy of Malaysia in Phnom Penh, acknowledges there may be isolated cases where maids have been abused. But those examples shouldn’t taint the industry as a whole. Malaysia remains a safe place for the majority of foreign domestic workers, he says.

‘I can say the government of Malaysia is very serious in handling the situation. All those people responsible for abuse have been prosecuted and convicted based on existing laws,’ he says. ‘If there are real cases of abuse, the authorities in Malaysia would really look into the matter and would handle it very seriously.’

But for Limheang, things were to get worse before they improved. She says the beatings grew more violent as the weeks wore on. At one point, she claims, she was hospitalized after an attack. Then, with no explanation, her employers drove her to the airport, handed back her passport and gave her a plane ticket home.

It had been eight months, and she didn’t receive a dollar for her work. But the devout Buddhist says she still gave thanks. As far as she is concerned, her prayers were answered.

Today, Limheang is back at her old garment factory, where she works as a cleaner for less money then she earned before she left. But she’s still upbeat.

‘I feel like I’ve been born again,’ she says. ‘I don’t want to go back.’


http://the-diplomat.com/2011/02/16/second-class-citizens/

Wednesday, 24 November 2010

In the current slave trade, Indonesia the largest exporter

Upon hearing the news of the murder of an Indonesian housemaid and of another who was severely tortured, both in Saudi Arabia, the nation went through somewhat predictable motions. The government lodged protests with the Saudi ambassador and the public went into a frenzied outrage - fueled by a barrage of media reports about the ordeal that many poor Indonesian women working overseas go through.
Typically, all of the responses demanded the same thing: better deals and better protection for these women working abroad. No one — not the government, not the politicians and not even the activists in advocacy groups that help these women — are suggesting that the practice of sending housemaids be stopped completely.
The stakes are just too high, in terms of employment opportunities and the billions of dollars of foreign exchange earnings these housemaids send home. The nation has just too much to lose from phasing out what is essentially a 21st century version of the slave trade.
Live-in housemaids — whether in Jakarta, Surabaya, Singapore, Kuala Lumpur, Riyadh, Dubai, Hong Kong, Taipei or anywhere else in the world — essentially work under arrangements not unlike the slavery system of old.
The contract that a maid signs is unenforceable the moment after she steps into the house. She becomes a slave and the employers become her masters. The masters can disregard contracts, international conventions and national and international laws. There is nothing that she, the slave, can do. The only law applicable inside the house is what master says. Like the old slavery system, the maid a piece of property owned by the masters.
Don’t be misled when a maid tells you that she is treated kindly, like a member of the family. That is precisely the bond that evolves between servants and masters, instead of the professional or contractual kinds of relationships found in most other areas of employment.
While most maids may work for benevolent families, some unfortunate women have violent employers, such as Sumiati, who is now nursing severe wounds in a Saudi hospital after abuses allegedly inflicted by her employers, or worse, allegedly murderous employers, such as the family who employed Kikim Komalasari.
Nobody knows for sure how many others are there like Sumiati and Kikim — not only about Saudi Arabia, the Middle East or Malaysia, but also here in Indonesia, where the bulk of the Indonesian women work as housemaids.
The few cases that do surface are just the tip of the iceberg. Out of fear stemming from the master-servant relationship, most cases of abuse in Indonesia and elsewhere go unreported.
The whole point of the slavery-like system is that there is not much that the law or the government can do to protect maids from being abused  – except to take action after the fact (and then only if maids have the courage to report their employers to the police, assuming they were still alive). There is no mechanism that can prevent the employers from abusing their maids if they want.
Another factor that makes housemaids comparable to slaves is the absence of free will. Like olden-day slaves, these women are condemned to this kind of life by abject poverty and a lack of educational opportunities. Most are destined to such work by circumstance. Being a housemaid was never their choice.
Unfortunately, the nation’s attitude is not helping them. Instead, everyone seems to want to maintain this slavery system.
Indonesian households are the biggest beneficiaries of modern day slavery, so they have no interest or incentive in phasing out the system. Just listen to the complaints that housewives make two weeks every year when their pembantu take annual leave for Idul Fitri. Some families are so dependent on housemaids that they check into five-star hotels in their absence.
Indonesians, first and foremost, need their housemaids. Those sent abroad are just a surplus that the country has decided to generously share with other countries in the world.
The government, which should take the initiative to phase out the slavery system, is instead glorifying housemaids as “heroines of foreign exchange”. But officials are only interested in the forex receipts and commissions they get from labor exporting agencies. The way these vulnerable housemaids are harassed after their return shows the contradiction between what the government says and what it does.
More than 65 years after Indonesia’s founders proclaimed independence, it is disheartening to see that the nation, with the government in the lead, is deliberately perpetuating a system which keeps part of the nation in perpetual poverty and ignorance  —  ultimately to work as slave labor for others, at home and abroad.

http://www.thejakartapost.com/news/2010/11/24/in-current-slave-trade-indonesia-largest-exporter.html

[RAP: Brilliant, angry, forthright and clear commentary. More like this please. If only the Indonesian government recognized the importance of this issue.

In this comment "Don’t be misled when a maid tells you that she is treated kindly, like a member of the family. That is precisely the bond that evolves between servants and masters, instead of the professional or contractual kinds of relationships found in most other areas of employment." RAP is reminded of the "house-negro" (as opposed to the "field negro") spoken of by Malcolm X, only with Indonesian Domestic Workers they're already called "house"-maids. ( http://www.youtube.com/watch?v=XEruHQ2N9WM&feature=related )

It is irrelevant how pleasant life might be with her owner, domestic workers have rights and must be respected or brought home. No third option.]

Tuesday, 23 November 2010

Migrant Workers under attack in Saudi Arabia and Malaysia

Ridwan Max Sijabat, The Jakarta Post, Jakarta | Tue, 11/23/2010 12:21 PM | 
Mbak Sumiati's Injuries
President Susilo Bambang Yudhoyono should go to Saudi Arabia to directly handle the latest abuse cases involving two Indonesian migrant workers there to avoid incidents like these occurring again, the Regional Representatives Council said.

Council deputy chairman Laode Ida said in his address to the its plenary session Monday that overhauling the labor export procedure would not be enough to end abuse against Indonesian maids in Saudi Arabia.

He said the President needed to talk with King Abdullah of Saudi Arabia to have the kingdom promise that the brutal torture against Indonesian maids there would not happen again. Government officials, council members and civil society groups have flown to Saudi to settle the case, but Laode said he was pessimistic about lobbying against the Saudi government to push for a thorough investigation into the two cases and taking concrete action against the perpetrators.

“Yudhoyono is the first and main official held responsible for the two cases and therefore he has to show strong commitment to protect all Indonesian citizens abroad,” he said, adding the two cases were a strong slap in the face for the government and a humiliation to the nation.

The torture of Sumiati, a migrant worker from Dompu, West Nusa Tenggara, who was in intensive care in Jeddah after being tortured by her employer and the murder of Kikim Komalasari, another domestic worker from Cianjur whose body was discovered at a rubbish spot in Abha, Saudi Arabia, recently, has sparked strong reaction from numerous sides at home, including the council and the House of Representatives.

Istibsyaroh, chairwoman of Committee III on labor, health and social affairs at the council, said that based on her committee’s report, the plenary session agreed to ask the government to temporarily suspend the labor supply to countries that had no political commitment to protecting Indonesian migrant workers while overhauling the labor export procedure.

The government’s decision to continue supplying workers to Saudi Arabia goes against the 2004 Labor Export and Protection Law, which allows labor export only to countries that have labor agreements with Indonesia, she said.

“The government must take a moratorium until the two countries make sure that both will comply with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and sign a labor agreement with Indonesia,” she said.

Indonesia suspended labor supply to Malaysia from July 2009 following similar cases of Indonesian migrant workers in the informal sector and the neighboring country’s reluctance to sign the bilateral labor agreement, which sets monthly minimum wages and a weekly one day off for Indonesian workers.

Saudi Arabia is home to more than 1 million migrant workers from Indonesia, while Malaysia is home to more than 2 million workers and mostly have been employed as domestic workers with a monthly wage of around Rp 1.5 million (US$160).

Domestic workers in the two countries have been prone to abuse in their work place because they are not protected under their labor law as have been treated as part of their employers’ families. The two countries have been closely monitored by the Asian Human Rights Watch for the rampant abuse of foreign workers.

Manpower and Transmigration Minister Muhaimin Iskandar said in a coordination meeting with officials from the Foreign, Women’s Empowerment and Child Protection and Home ministries, as well as the National Agency for Labor Export and Protection that the government would revise the labor contract to help provide protection for Indonesian migrant workers. “The government will review the labor contract between workers and their employers to prevent any labor abuse in the future,” he said.

( http://www.thejakartapost.com/news/2010/11/23/dpd-calls-tougher-diplomacy-over-abuse.html )

By NINIEK KARMINI (AP)

 She arrived in Saudi Arabia a high-spirited 23-year-old, eager to start work as a maid to help support her family back home. Four months later, Sumiati was Indonesia's poster child for migrant abuse, alone and staring vacantly from a hospital bed, her face sliced and battered.
 
Mbak Sumiati in hospital
But while public anger has forced President Susilo Bambang Yudhoyono's government to acknowledge the problem for the first time, few expect any firm action to be taken.
Gruesome images snapped of Sumiati, now recovering in the Saudi city of Medina, have been splashed on the front pages of local newspapers and led television newscasts for more than a week.

Her employer — who has been taken in for questioning by police — is accused of cutting off part of her lips with scissors, scalding her back with an iron, fracturing her middle finger, and beating her legs until she could hardly walk.

"It's hardly the first such case," said Wahyu Susilo, a policy analyst at Indonesia's advocacy group, Migrant Care. "Again and again we hear about slavery-like conditions, torture, sexual abuse and even death, but our government has chosen to ignore it. Why? Because migrant workers generate $7.5 billion of dollars in foreign exchange every year."

Workers from Asian countries dominate service industries in the Middle East and there have been many reports of abuse — including allegations in recent days that an employer in Kuwait drove 14 metal pins into the body of a Sri Lankan maid.

"The wanton brutality alleged in these cases is shocking," said Nisha Varia, senior women's rights researcher at the New York-based Human Rights Watch, which called on authorities to investigate claims promptly and bring those responsible to justice.

She and others called cases like that of Sumiati the "tip of the iceberg. "But countries that export labor have a responsibility as well, Nisha said. Though Indonesia sends more than 6.5 million workers abroad every year, it has drawn much criticism for failing — despite repeated promises — to ratify a 1990 U.N. convention on the protection of migrant workers. It also has not signed a bilateral agreement with Saudi Arabia that would give workers a legal basis to challenge employers.

But Oon Kurniaputra, an adviser to Indonesia's Minister of Manpower and Transmigration, argued Tuesday that the problem is not the fault of governments.
It is with profit-hungry recruitment agencies that lure young men and women overseas without ensuring their safety when they get there, he said.

Sumiati's case prompted President Yudhoyono to call a Cabinet meeting late last week to discuss ways in which the government could — and would — do more. It turned out to be a public relations disaster.
It emerged during the talks that another Indonesian maid, 36-year-old Kikim Komalasari, had allegedly been tortured to death by her Saudi employer, her body found in a trash bin on Nov. 11 in the town of Abha.
"It's shocking to hear this ... it's beyond inhumane," said Yudhoyono, as the government sent a team of diplomats to the scene to investigate. "I want the law to be upheld and to see an all-out diplomatic effort."
Some lawmakers suggested a moratorium on sending domestic workers to Saudi Arabia, something that is considered unlikely given the close economic and political ties between the predominantly Muslim countries.
It also comes at a sensitive time, with hundreds of thousands of Indonesians in Saudi Arabia performing in the annual hajj pilgrimage.

Yudhoyono, meanwhile, had a proposal of his own: Give all migrant workers cell phones so they can call family members or authorities if they need help. "It just shows how little he understands the problems domestic workers abroad are facing," scoffed Rieke Dyah Pitaloka, an opposition lawmaker who is dealing with labor and domestic workers affairs. "Their employers are locking them up and taking away their passports ... they aren't going to let them keep a phone."

Most people believe little will change until girls are better educated and prepared for better jobs in Indonesia, a sprawling archipelagic nation of 237 million people, where the average wage is less than $300 a month.
Sumiati, a recent high school graduate from a fishing village on Sumbawa island, was bouncing with enthusiasm when she left for Saudi Arabia on July 18 with the help of a local recruitment agency, according to family and friends.

She saw it as a chance to be able to help her three younger siblings through school.
End Brutality Towards Domestic Workers
When the family — together with the rest of the country — first saw the cell phone picture of their little girl on television, they "went crazy."
"Her mother ... started crying hysterically and lost consciousness," Sumiati's uncle, Zulkarnain, was quoted as saying in the English-language The Jakarta Globe.

When they got Sumiati on telephone in the hospital, she said in a voice almost unrecognizable: "Please come in the form of angels and take me back home to my village."

Source: http://www.guardian.co.uk/world/feedarticle/9373991


Associated Press= JAKARTA, Indonesia (AP) —

Extra Reporting: http://liranews.com/mdgs-en/2010/11/16/sadistic-housemaid-viciously-tortured/

http://news.okezone.com/read/2010/11/16/337/393881/kemenlu-juga-fasilitasi-keluarga-sumiati-ke-arab (Bahasa Indonesia)

[RAP: RAP supports the calls for strong diplomacy between Indonesia and Saudi Arabia on this issue. We have been present at the agency offices and departure points, when young women and men leave for uncertain, overseas experiences and the vulnerability that comes with it.

It is common practice for migrant workers to have their passports taken off them, to be denied access to phones and money, to be denied their right to adequate rest and reasonable work loads. The Indonesian government is negligent in allowing Indonesians to go overseas, unprepared and with no means of asking for help without cast-iron guarantees from overseas governments to protect and defend them. It is crucial for these safeguards to be put in place now, before the next murder takes place. Halt the flow of labour to the countries in which the abuse is taking place until those countries can demonstrate their determination to stop the abuse.]