Tuesday, November 3, 2009
While many countries throughout the world become reliant on the use of foreign labour, migrant workers continue to lack access to affordable healthcare services in destination countries which in many cases results in unnecessary deaths. In many countries including Malaysia, the commoditisation of foreign labour has led to severe violations in migrants’ human and health rights in places of work as well other areas including detention centres. The recent halting of sending Indonesian foreign domestic workers to Malaysia after the publicised cases of abuse and neglect highlights the fact that many governments continue to overlook the conditions and treatment of migrant workers within their borders.
For the past decade, CARAM Asia’s regional research on migrant workers’ access to quality health information and services reveals that the existing legislation and policy environment in destination countries does not provide necessary mechanisms to ensure migrant workers health rights are recognised, promoted or protected adequately. As a result of the network’s growing profile, CARAM Asia held a Regional Consultation with the United Nations Special Rapporteur on the Right to Health, Mr Anand Grover from the 30th-31st of October in Kuala Lumpur. Participants in this process also included representatives from the Embassy of the Kingdom of the Netherlands, the Delegation of the European Commission (EC) and representatives from other civil society groups including the Malaysian AIDS Council (MAC).
This consultation was able to create a space for members to impress on the UNSR the risks and vulnerabilities facing migrants in both sending and receiving countries. At the same time, this it acted as a platform to better inform our members of the importance of UN Special Procedures and thus creating clearer lines of communication between the two parties. Throughout the two day process, the consultation was an interactive dialogue between both participants and the UNSR on migrant workers’ access to health, information and services.
We identified to Mr Grover the following issues as strategic concerns that need to be addressed urgently;
Health and wellbeing of migrants – the overall migration process places migrants in temporary, dangerous and precarious situation that limits their access to healthcare services.
Discriminatory health practices against migrants – In particular practices such as mandatory HIV and pregnancy testing as requirement for “fitness to work”, exclusion of migrants from Universal Access coverage.
Criminalisation of migrants – Migrants’ lack of legal status impacts negatively on their health and limits access to health services. Being liable to arrest, detention and deportation severely affects their wellbeing.
Unnatural death of migrants in destination countries – The cause of death of numerous migrants is not determined. Without proper investigation many rights violations remain ignored and families are left without proper closure and compensation.
Sexual Reproductive Health and Rights of migrants – Migrants’ sexuality is being controlled by the conditions of their employment. Female migrant workers are subject to forced contraception and face sexual and gender-based violence without recourse.
Health and wellbeing of Foreign Domestic Workers – The nature of domestic work isolates migrants and strains their physical and emotional health. This is further exacerbated by the gender dimension and lack of labour protection of domestic work.
As a result of this process, stronger lines of communication were established. Mr Grover also commended CARAM Asia on its hard work and commitment to this issue and expressed deep concern about the overall treatment of migrant workers within the region. This is especially applicable to the risks and vulnerabilities faced by foreign domestic workers and he fully endorsed the network’s demand for the recognition of domestic work as work as well making sure that all hosting countries provide a weekly paid day off.
CARAM Asia remains committed to working on these issues and is keen to cooperate further with the Special Rapporteur and other existing mechanisms at both the regional and international level. The network looks forward to the inclusion of our recommendations within the Rapporteur’s report to the United Nations Human Rights Council (UNHRC) early next year.
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