ITS MURDER, Another life is LOST

Saturday, October 31, 2009

TENAGANITA PRESS STATEMENT

29th October,2009

ITS MURDER
Another life is LOST:
The situation is serious
The right to life is threatened.
Violence and abuse in various forms are escalating.

Tenaganita is aghast with the statement by the Home Minister, Datuk Seri Hishammuddin Hussein that the death case of Mautik Hani – being the first of it’s kind in the country (NST – 28/10/09).

Mautik Hani ,a domestic workers from Surabaya died on 26th October 2009 . She was so brutally and severely abused by the employers that her body could only succumb death. According to reports, she was kept locked in the toilet for days until a new domestic worker who felt a stench coming from the bathroom found her. Hani’s backbone and right wrist were broken, her body was bruised, her face swollen, and a wound on her right leg so severe, her bone was visible .

It is not the first of it’s kind in the country. As Malaysians, do we remember or have we forgotten Nirmala Bonat ‘s case in 2004, who was severely abused. This year alone, on 24th May , another Indonesian domestic workers died in Petaling Jaya after sustaining severe injuries to her head and body as reported by Jakarta Post . In June 2009, Siti Hajar was tortured by her employer that included starving, beating and scalding with boiling water and following to that, the Indonesian Government put a ban on Indonesian domestic workers. Before that, in March , another case of abuse, of Indonesia domestic worker named Siami in Segamat, Johor who had worked 5 months for her employer. She was scalded with hot water, struck with a rotan, punched and kicked by her employer.

Tenaganita has received more than 400 calls, handled 273 cases with over 2184 human rights violations committed by the employers and the recruiting agencies during the last 3 years. The cases are increasing because during the last 1 month, Tenaganita received more than 10 cases of domestic workers who were physically abused, raped, not paid wages, no off days and passports confiscated by the employers. Children as young as 14 years old are domestic workers working 16 to 22 hours a day. The Indonesian Embassy in Kuala Lumpur stated that each year they handle and shelter at least 1000 cases of domestic workers. The other embassies like Philippines, Cambodia, Sri Lanka and India also have handled many cases of abuse of domestic workers from their own respective countries.

Are these not enough statistics for us and for the government to move into swift preventive actions? The forms of abuse, torture and exploitation are incredible but real. Its long overdue and we must stop being in a state of denial or more precious lives will be lost.

Out of the 273 cases, what shocks us is that not one case of abuse and violence has gone to court. Police investigations are sluggish, court systems inaccessible, and processes drag on endlessly. Often, the victims drop the cases out of weariness, and go home as they no longer can continue their life of trauma and indefinite waiting. The possibilities of justice is distance and inaccessible.

From the cases mentioned it becomes clear that the authorities and enforcement agencies including the judiciary, punish the victim, the onus of proof of being legal is on the victim when the controls are with the employer or the agent. We then protect rapists, abusers and irresponsible employers. We condone violence. We nurture trafficking in persons and create an environment for slavery like practices. We see the numbers grow, we watch the statistics swell, and we close our eyes as the perpetrators walk away without any guilt.

The Home Minister, instead of reducing the death of an innocent human being, a worker whom we Malaysians demanded for to meet our needs to an insignificant issue, should pull up his socks and conduct open and serious investigations to violence and abuse faced by domestic workers and why the roads to justice are shut down.

In fact, it is clear that the above form of intense rights violations bring about a bonded labor with intense servitude and debt bondage that constitutes trafficking in persons.The situation and the trafficking of women and children in domestic work will continue if we do not work for change.

There are deep concerns over the system of placement and conditions of work for domestic workers. For many years, Tenaganita has stated over and over again that it is only when rights of workers are protected through laws; when domestic workers are recognized as workers, will employers, agents and Malaysians as a whole can ensure respect and dignity for domestic workers. The statutes and the legal process cannot and must not exclude domestic workers.

This form of persistent and intentional discrimination of women from the more marginalized groups, speaks volumes of how we respect persons and ensure their dignity. We have ratified CEDAW ( The Convention In The Elimination Of All forms of Discrimination Against Women) and have not lived up to our commitment and accountability.

We welcome the Human Resources Minister, Datuk Dr. S. Subramaniam’s announcement that domestic workers in Malaysia will be given one paid day off a week and be allowed to keep their passports during their stay in the country. This move will definitely help in reducing the current forms of abuse.

But globally, the experience shows that only when rights are protected and guaranteed in the statutes of the country, has violence and exploitation been drastically reduced.

Malaysia has also passed the Anti trafficking in Persons Act and labor trafficking is part of its definition. We have been placed in tier 3 for the second time by the US government. The report clearly stated the vulnerable conditions of domestic workers that bring about servitude and slavery like practices.

We definitely want to change that scenario and we hope the Home Minister takes cognizance of it. We must change our laws, redefine domestic work as work and not as servant in the employment act. We need clear standardized contract for all domestic workers, attached to the employment act for effective enforcement. The one day off must be implemented without delay.

The source countries have equal responsibilities to protect the rights of their nationals especially migrant workers. They must ensure that the domestic workers do not enter into debt bondage and rights are guaranteed before they leave through the bilateral agreements and when in employment.

We do not want to see another death of an innocent domestic worker in Malaysia.

Domestic Workers is a human being. She is a woman who needs care, warmth, love and respect, so she can live a life of dignity. She is here because we need her. It is only fair and just that she is treated with dignity and respect, not only by every individual employer but by the government of the day as well.

Irene Fernandez

Director