· Who is a migrant worker?

According to the International Convention on The Protection of the Rights of All Migrant Workers and Members of their Families, 1990, the term "migrant worker" refers to ‘a person who is to be engaged, is engaged or has been engaged in remunerated activity, in a State of which he or she is not a national’  (Article 1).

· What are the risks associated?

There are risks associated with labour migration, including trafficking and forced labour, recruitment malpractices (such as fraudulent job offers and exorbitant lacement fees), debt bondage, sexual and physical harassment, employment in hazardous jobs, under- or non-payment of wages, and discrimination.

· How are women migrants affected?

Female migrant workers, who on average make up about 47 per cent (2001 figure) of all migrant workers in Asia, often experience double discrimination, both as women and as migrants.

 

Text excerpted from International Labour Organisation (ILO) website.

April—September 2007

Volume Q2/07

Since its inception in 1982, WAO began receiving several isolated cases of domestic worker abuse.  The first case, in 1988, was of a Filipina domestic worker who had been raped by her employer.  In 1995, after a series of severe abuse cases, WAO began documenting the domestic workers’ experiences in detail.  Since 1995 until 2006, WAO has offered assistance to 100 migrant workers.

WAO developed a series of protocols to handle domestic worker abuse cases, which included holding a press conference to expose the details of the case.  WAO’s work with domestic worker abuse cases has enabled several MDW to seek legal redress for the abuse they had to endure.  WAO also provides shelter and support in the form of counselling for domestic workers who have been abused.  In addition, WAO has also given advice to MDW to seek redress at the labour offices in the various districts.

The vulnerability of the worker’s as a resident in the home of her employer is acute, as in many homes she is isolated from the outside world. She is not allowed to go out, talk to neighbours and not even allowed to make a call her family from her home country. Furthermore the lack of legislation to protect the domestic worker and the tendency of state and its agencies to safeguard the interests of the employer rather than the MDW all combine to create a situation in which abuse is likely to occur. 

Therefore, WAO recognises the need to continuously advocate for reforms in the present laws and policies related to the protection of migrant workers and in particular migrant domestic workers. For example, once a worker lodges a police report against her employer, during the investigation and ensuing court case she should be allowed to work whilst waiting for her case to be completed

which sometimes takes 2 – 3 years. However the realty is that she remains unemployed and has to pay RM 100 per month for a special pass to continue to stay in the country. Although Immigration has waived the fee to WAO’s clients, in principle this rule applies  to all others depending on the discretion of the immigration of the immigration official.

Our organisation’s advocacy is centred on the issue of contracts of employment between the employer and the MDW, as there were only contracts between the employers and the recruitment agents. For domestic workers, the contract with the employer is the only means by which the employer is legally bound to the worker.  Based upon past experiences with cases of abuse, WAO recognized that the contract needed to be strengthened to ensure greater protection for the worker. In addition to the contract of employment, WAO is also advocating for the introduction and implementation of a Guidebook for employers so that the employers are aware of their responsibilities towards their FDW.

Aside from providing services and advocating for reforms in ensuring the protection of rights of migrant domestic workers in Malaysia, WAO recognizes that the media plays an important role in educating the public on the issue of FDW abuse. WAO works very closely with the media in highlighting this issue in order to create and instill public awareness on the vulnerability of migrant domestic workers in Malaysia.

Women’s Aid Organisation (WAO)

INROADS

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Facts on Migrant Workers

Migrant Domestic Workers;

Helping the Help at Home