WUNRN
Full Article: http://www.phnompenhpost.com/index.php/2012040655463/National-news/maids-family-seeks-justice.html
CAMBODIAN MAID ALLEGEDLY TORTURED TO
DEATH IN MALAYSIA
6
April 2012 - The family of a Cambodian maid, Mey Sichan age 22, whom
officials suspect was tortured to death in Malaysia, will fly there shortly to
file a complaint against her employers, a government spokesperson
said........The Cambodian Embassy’s co-investigation with Malaysian authorities
had resulted in the arrest of the maid’s employers, Soh Chew Tong and his wife
Chin Chui Ling, he said. Mey Sichan was thought to have died of physical
torture, he said, adding that many injuries had been found on the corpse.......
___________________________________________________________
ECONOMIC RIGHTS & JUSTICE FOR
WOMEN DOMESTIC WORKERS
23/03/2012
- Domestic workers contribute greatly to the global economy. They
bolster local and foreign economies by taking on care-giving roles, and migrant
workers send home remittances that form a substantial part of their home
countries’ gross domestic product. Yet for a long time domestic labour has been
unregulated and domestic workers have experienced violations of their economic
rights and faced barriers in accessing justice.
This article
is part of a series of Friday Files to explore some of the issues and debates
related to the AWID
2012 Forum theme and draw the connections between women’s rights issues and
economic power. For more information related to labour and work click here.
In June
2011, the International Labour Organisation (ILO) adopted the Convention 189 on Decent Work for Domestic Workers (C189).
Ratification has been slow but the 12 by 12 Campaign aims to get at
least 12 countries to ratify the convention in 2012.
AWID
interviewed Marieke Koning of the International Trade Unions Confederation
(ITUC) on the implications of C189 for women’s economic rights and justice.
By Kathambi
Kinoti
AWID:
What is the situation of the Convention since it was adopted in June last year?
Marieke
Koning (MK): “This is the end of modern day slavery!” were the words of
domestic workers when they witnessed the historical adoption of Convention 189
(C189) and Recommendation 201 on domestic workers rights at the ILO Conference
in June 2011. For them and the 50 - 100 million domestic workers around the
world, the adoption of C189 meant international recognition and respect for
domestic work; availability of an international instrument they can use to
claim their rights; and the potential to pull millions of informal economy
workers into formal jobs.
Two
ratifications will bring C189 into force. The first ratification, from the
Philippines is expected soon and there are 30 more potential ratifications
between 2012 and 2014. New legislation and reforms are being adopted and
anticipated in Indonesia, India, Singapore and Spain. But we need remain
alert as parliament planned to postpone discussions in Indonesia and high hopes
for ratification in some countries have been tempered due to changing political
climates including focus on national elections.
AWID: How
did the economic power wielded by female migrant and domestic workers influence
the process leading up to the adoption of the Convention?
MK: The fact
that migrant domestic workers are contributing to their countries’ economies by
taking up paid care work thus enabling other women to participate in work
outside the home was a strong negotiation point for the adoption of C189.
Negotiations
at the ILO Conference in June 2010 and June 2011 were intense and from the
start there was the view that ‘something needed to be done’, but employers and
most governments were in favour of only a Recommendation. A Convention, when
ratified, obliges governments to bring their national legislation in line with
it. The trade union delegation, including domestic workers unions, presented
multiple examples and arguments for the necessity of a Convention. Highlighting
similarities in abuse and exploitation across countries; they referenced
existing legislation in countries from the North and the South. The support for
a Convention increased when governments such as South Africa and Brazil started
to talk on behalf of their regions and showed strong political will to defend
the adoption of a Convention.
AWID: How
does C189 address issues of fair wages, benefits and working conditions? What
implications does it have on women’s economic status and power?
MK: Since
domestic work is traditionally done by women at home it is not seen as a
serious profession. It is not valued, recognized or respected. For too
long tens of millions of domestic workers have been excluded from national
legislation, are underpaid or not paid at all, work very long hours, are
exploited and abused. Work performed by domestic workers is not visible and is
isolated because they work inside the home. Many are kept as virtual prisoners
or slaves, not being allowed to leave the house or communicate with their
families.
The adoption
of the C189 is historical. It recognizes domestic work as work and stipulates
the minimum rights domestic workers should enjoy. When ratified, the Convention
will strengthen the economic power of millions of women domestic workers - they
have the right to a minimum wage with deductions only in exceptional
circumstances that are clearly set out.
C189 refers
to the equal treatment between domestic workers and workers generally in
relation to normal hours of work, overtime compensation, periods of daily and
weekly rest and paid annual leave. ‘Standby’[i] or ‘on call hours’ are now recognized as hours of work.
Domestic workers will have access to social protection, maternity protection,
health and safety benefits. These provisions will significantly improve the
economic power of domestic workers.
Employers
and domestic workers are now required to sign a contract so that there is
clarity on the terms and conditions of their employment and live-in domestic
workers have the right to decide whether they want to live in the household or
not.
They will have
access to courts, which halts to the abusive practices of many employment
agencies. Further, C189 aims to change the lives of millions of women and girls
who are trapped in child domestic work and forced labour.
Finally, the
C189 provides domestic workers with the right to organise, collective
bargaining and to form trade unions. This fundamental right is denied in most
national labour legislation, but with these rights domestic workers can finally
defend and negotiate better rights in law and practice and in collective
bargaining agreements.
AWID:
What is the 12 by 12 campaign?
MK: The 12 by 12 campaign is aiming for 12 ratifications of
C189 in 2012 and organizing domestic workers in trade unions and strengthening
their unions. Twelve ratifications in 2012 is the minimum goal - we must have a
substantial number of ratifications in 2012 to ensure the Convention maintains
its status as a valuable international instrument.
The ITUC
launched the 12 by 12 campaign[ii] on December 19, 2011 with the International Domestic
Workers Network (IDWN) as a key partner of the campaign since their
organization connects domestic workers unions and networks worldwide.
We have 12
by 12 teams campaigning in 73 countries! And the number of countries is
growing each month. The campaign teams sparked activism worldwide and offer an umbrella
for coalition building between trade unions, domestic workers unions and
migrant, human rights and women’s organizations which will maximize the
pressure on governments. Our strategies include putting C189 high on the agenda
of tripartite meetings of trade unions, governments and employers; organizing
meetings with members of parliament to increase support for ratification,
organizing public events and actions in front of Parliaments.
AWID:
Some countries are well on their way to ratifying the Convention: Belgium,
Peru, the Philippines and South Africa. Why do you think their particular
internal/ international dynamics are conducive to their ratifying the
Convention?
MK: Most
countries that are close to ratification were sensitized on domestic workers
issues and took action to change their labour legislation to address some of
the most basic needs of domestic workers. Some countries played an
outstanding role during the negotiations at the ILO Conference such as the
Philippines, South Africa, Brazil, Namibia, Australia and Uruguay. In the case
of the Philippines, the government knows that by ratifiying C189 it will be
protecting the millions of its citizens who work in other countries as domestic
workers and national domestic workers will also benefit significantly from such
ratification. The Philippines government set up a Technical Working Group with
trade unions, including domestic workers unions and migrant women’s
organizations to facilitate regular consultation on the ratification process. Similar
processes are taking place in South Africa and Brazil.
In other
countries trade unions took up a strong commitment (e.g. Scandinavian
countries) and put C189 high on the tripartite agenda. But nothing is a given.
In Peru where we had high hopes for ratification, the initial support for C189
almost vanished after the government elections. This is why the 12 by 12
campaign teams need to be on the alert to achieve a maximum of ratifications by
the end of this year.
AWID:
What next for monitoring and access to remedies for contraventions?
MK:
Countries that have ratified are required to apply it in law and in practice,
which can be a lengthy process for some governments. Other governments, where
laws are compliant may require few to no adaptations in their national
legislation. There are countries that may not to ratify C189 but use the ILO
standards as a model for laws and policy directions.
The
countries that ratify are required to regularly report to the ILO on
implementation. In many countries the ratified Convention is directly
applicable in domestic law, which means that a court would be able to use the
rights as set out in the Convention when settling legal disputes involving the
rights of domestic workers. In addition the ILO has complaint mechanisms in
place that can be used by e.g. trade unions to file a complaint where C189 is
not properly implemented.
C189 is a
minimum standard. When ratified domestic workers have the right to organise and
form trade unions. This way they build up their collective negotiation power
and can negotiate further improvements – in law and practice - with employers
and the government, which will bring justice to millions of women domestic
workers.
Be
Informed, Get Involved!
[i] Standby or on-call hours, are outside normal working
hours when a domestic worker is called up to work, for instance to help tend a
sick child.
[ii] The 12 by 12 campaign is now a platform with multiple partners: the IDWN, the Global Union Federations IUF and PSI, the European Trade Union Confederation (ETUC), Human Rights Watch, Migrant Forum Asia (MFA), Caritas, Solidar and World Solidarity. More organizations are expected to follow
_________________________________________________________________