August 2007
The torture-murder of a 24-year-old Indonesian maid in her employers
house in Malaysia last week is just the tip of the iceberg of a litany
of human rights abuses foreign workers there are subjected to.
Abuses that regularly result in workers who arrive in Malaysia full
of dreams of improving their life and sending money home for the
education of their children, returning home with broken bodies,
shattered spirits or as in this case, dead.
While Malaysian officials have attempted to play down this latest
killing, claiming abuse of foreign workers is a rare occurrence, the
facts belie this.
In commenting on the this latest incident, Indonesian Foreign
Minister Hassan Wirajuda, pressed for Kuala Lumpur’s firmness in
handling the case, and said “this kind of incident has happened
frequently.”
“Stern prosecution actions are needed to give a shock therapy to
other Malaysian employers so that they would not abuse, but treat
Indonesian workers based on their rights.”
This view is echoed by Irene Fernandez, director of Malaysian NGO
Tenaganita, a non-profit organization focusing on migrant advocacy, who
said incidents such as this are “happening too often.”
According to Ms Fernandez, 45 Indonesian workers have died in
Malaysia so far this year from a variety of causes, including torture by
abusive employers.
The NGO has documented more than 1,050 human rights violations ranging from rape to physical abuse over the last two years.
“An average of six to seven violations were recorded per case, but in
more serious cases, there can be up to ten violations. The most common
violations are non-payment of wages and physical abuse.
“As long as the Malaysian government does not address this
fundamental issue, such incidents will continue to happen. We should
feel ashamed of such incidents,” she added.
In this latest incident the body of a 24-year old woman named
Kunarsih, who like many Indonesians used only one name, from Demak in
Central Java, who had only been working in Malaysia for four months, was
found bludgeoned to death in the home of her employer in Pucong
Perdana, Kuala Lumpur.
Malaysian police have detained the employer, Goo Eng Keng, but are
still looking for his 29-year-old wife, Chen Pei Ee, who went missing
after the incident.
According to reports, the young woman had bruises all over body and died from blunt force injuries to her chest and abdomen.
This has lead to claims that the woman had been tortured prior to her
death. A view was supported by Tatang B Razak, Head of the Task Force
for the Protection and Service of Indonesian citizens at the Indonesian
Embassy in Kuala Lumpur, who said “her whole body was swollen . . . it’s
very clear that it’s because of torture.”
In 2004 Indonesian’s and Malaysian’s alike were outraged and repulsed
when a 19-year-old Indonesian domestic worker, Nirmala Bonat from
Kupang in West Timor, was found by a security guard at Villa Putra
Apartments in Jalan Tun Ismail, an upscale condominium complex, crying,
severely bruised and bleeding from the head and mouth.
Ms Bonat said that she was abused for the first time when she
accidentally broke a mug while washing it, and for the previous five
months, her employer’s wife would abuse her everyday with a hot iron,
pouring hot water on her, and using other objects to hit her.
Photo’s of the woman’s burned and scalded body that appeared in the
media created such an outcry due to their horrific nature that the
Malaysian government was forced into issuing a public apology over the
incident, expressing disgust and shame.
The wife of Ms Bonat’s employer, 35-year-old mother of four, Yim Pek
Ha, was accused of poured boiling water on her, beating her, and
pressing a hot iron on her breasts and back as punishment for mistakes
in ironing clothes. Following her rescue she was treated for second and
third-degree burns.
As is typical in such cases in Malaysia, a day after the arrest of
his wife, Ms Bonat’s employer filed a complaint against the maid, saying
that the wounds on her body were self-inflicted and accused her of
stealing RM10, 000 ($US2,870.00) from his home.
Despite being charged with four counts of causing hurt with dangerous
weapons and facing a maximum of 80-years imprisonment, and in spite of
promises by senior Malaysian politicians, including Prime Minister Dato
Abdullah Ahmad Badawi, that maximum penalties would be applied, the case
is still ongoing.
While Yim is free to continue her life unimpeded, released on
RM85,000 ($US24,300) bail, due to immigration rules Ms Bonat is confined
to a shelter at the Indonesian embassy.
Domestic workers in Malaysia have few rights
The problem is that foreign workers, especially those employed as
domestic workers, have very few rights as Malaysia specifically excludes
domestic workers from most standard labour protection laws that cover
other workers.
Malaysia is second only to Saudi Arabia in the number of Indonesian’s
working as domestic workers, and Indonesians are the lowest paid of all
who work in this field.
Indonesian domestic workers in Malaysia typically work 16 to 18 hour
days, seven days a week, and earn around $US3.30 (Rp31,000) a day. This
is half the amount of a Filipina domestic worker who only has to work
six days a week is paid.
This salary discrepancy, according to Indonesia’s Ambassador to
Malaysia, Dr. H Rushdihardjo, is because, “Indonesian maids don’t have
the same level of skills as Filipina maids. The primary difference is
that Filipina maids speak English, whereas Indonesian maids can just do
cooking and cleaning.”
The majority of employers hold foreign workers passports and
Indonesian domestic staff are not permitted to carry cash for the first
two years of employment. In addition, it is not uncommon for employers
to refuse to allow Indonesian domestic workers to write or telephone
their families back home, and the majority are confined to their work
premises.
Most are forced to ‘live in’ with employers, though many are not even
provided with a room of their own – sleeping with the children they
look after, or even on the kitchen floor. Many do not receive their
salary until the end of the standard two-year contract.
Ms Fernandez, said many domestic workers suffer psychological,
physical, and sexual assault by labor agents and employers, and “at the
end of the day, we consider such practices bonded labor.”
Over the years NGO’s and the Indonesian embassy in Kuala Lumpur have
received thousands of complaints from domestic workers about working
conditions, wages or abuse and each month more than 1,500 Indonesian
maids run away from their employers, citing abuse, dissatisfaction with
long working hours, lack of freedom of movement, or unpaid salaries as
the reason.
The number of Indonesian workers running away from employers and
seeking refuge at the Indonesian Embassy in Kuala Lumpur reached such a
magnitude, that a few years ago it was forced to build a two story
compound inside the embassy grounds to accommodate them.
Even now more than 100 Indonesian domestic workers were being
sheltered at the embassy after complaining about abusive employers.
Eka Suripto, an official at the Indonesian embassy in Kuala Lumpur,
said the lack of enforcement and prosecution of abusive employers was
compounding the problem.
Domestic workers in Malaysia who complain find themselves subject of a counter complaint
“Once we finish with the relevant processes, we have to negotiate
with the employers for a settlement, such as unpaid wages, and then send
the women back to Indonesia.”
Commenting on the death of Kunarsih, Mr Suripto said, “certainly this
matter will be further investigated. But the lack of law enforcement is
leading to an increasing number of maid abuse cases.”
According to Dr. Rushdihardjo, there is a pattern to the abuses
reported against Indonesian domestic workers. “If its sexual it’s the
Indians, if it’s physical it’s the Chinese – and the Malays don’t pay,”
he said.
In a double whammy situation, many foreign workers who flee their
abusive employers find themselves being prosecuted under Malaysia’s
immigration laws and jailed instead of receiving assistance.
Because most employers keep the employee’s passports, it’s difficult
for the foreign workers to prove they are in the country legitimately,
while others who have demanded unpaid wages often end up being reported
for threatening or assaulting their employers.
In the rare cases where a domestic worker does lodge a complaint
against an employer, inevitably the employer lays a counter charge that
the worker has stolen from them, and/or inflicted the injuries herself.
Malaysian police are more disposed towards proceeding against the
foreign worker than against their fellow citizens.
While each time the case of an abused worker is highlighted the
Malaysian government mutters it’s regret and makes statements it will
come down hard on abusive employers, the abuses continue to occur.
Ms Fernandez says, “each time there is a reaction that something must
be done but there has been no political commitment to see it through.”
This lack of political commitment was amply demonstrated earlier this
month when the Malaysian government refused to sign a declaration aimed
at improving the levels of protection provided to foreign migrant
workers at the 40th Association of Southeast Asian Nations (Asean)
Ministerial Meeting (AMM).
Titled, ‘The Statement on the Establishment of the Asean Committee on
the Declaration of the Protection and Promotion of the Migrant
Workers’, the declaration was supposed to show a forward movement in
protecting and guaranteeing the rights and status of foreign workers.
While Asean heads of state had signed the declaration during the
leaders’ summit hosted by the Philippines in Cebu last January, the
signing of the declaration at the AMM would have elevated it to a more
legally binding arrangement.
The declaration particularly called for stronger protection and
improved conditions for migrant workers in the region, and assigned
“obligations” on both the “sending” and “receiving” states. However,
despite all prior indications it would sign the document, Malaysia
withheld it’s signature at the last minute.
Malaysia’s stubborn resistance to providing levels of protection to
domestic workers is as well documented as the cases of abuse it allows
to happen
It was only last year, after more than four years of intense
diplomatic lobbying and pressure by Indonesia, that Malaysia finally
passed a law that salaries of Indonesian domestic workers had to be paid
into a bank account in their name, and that salaries needed to be
banked each month.
However the new law, which came into effect in June of last year,
gives employers a period of up to two years to comply with it. and will
not affect Indonesian domestic workers already working in Malaysia.
Employers will only need to abide by the new arrangements when renewing
their employee’s two-year contracts.
Under the agreement employers will also be required to sign personal
contracts with their domestic workers stipulating the wages agreed upon
by both parties, and the domestic worker must sign a letter of
acceptance before they can start work.
Employers are also barred from withholding pay for the first five months of a contract as is often the practice now.
Prior to this agreement the first five months of an Indonesian
domestic workers salary was paid to Indonesian agents who claimed it was
to cover the costs incurred in sending the domestic worker from
Indonesia.
While a step in the right direction, the new arrangements only apply
to Indonesian domestic workers and are not applicable to those from
other countries.
Malaysia refuses to set a minimum wage for Indonesian domestic workers
A major hurdle in the two countries not reaching agreement earlier
was Indonesia’s attempt to secure a minimum monthly wage of RM500
($US143.00) per month, a demand that the Malaysian’s refuse to succumb
to.
Tan Sri Mohd Radzi Sheikh Ahmad, Malaysia’s Home Affairs Minister,
said the reason why Filipina maids get paid more is that, “The
Philippines have set the rate in their law.
“Indonesia has asked but we’ve said no because we’ve got 320,000
Indonesian maids in Malaysia and if we say there is a fixed wage our
employers – Malaysian’s – will say ‘no, no, no I can’t afford to pay
that.”
He also doesn’t think Indonesian domestic workers should be given a
day off. He claims, “you work in the house. You are part of the family.
That’s how Malaysian’s accept maids here. There are so many of them
here. If they went out it would create a lot of problems.”
In response to the high number of maids who flee their employer each
month, a labor law introduced in 2006 allows domestic workers to change
their employer twice during the two-year contract of employment.
However, the domestic worker “must reimburse the first employer based
on the period of actual service rendered and then charge the new
employer fees and levies proportional to the remaining period of the
worker’s contract.”
In spite of the publicity generated over Kunarsih’s death, it was
only a matter of days before another Indonesian domestic worker,
identified as Parsiti, made headlines as she attempted to flee from her
abusive employer.
According to press reports, Parsiti was forced to climb out the
window of a 17th-floor apartment to escape her employer, who she claimed
strangled her and beat her with a rattan stick. This was the second
incident in two months where an Indonesian domestic worker had been
forced to seek escape from abusive employers by exiting through
high-rise apartment windows.
Just days later Tenaganita and Malaysian police rescued 148 abused
Indonesian maids in the Klang Valley after receiving over 200 calls
through its domestic workers action line.
25% of Malaysia’s workforce are immigrants
Malaysia remains one of the largest importers of foreign labor in
Asia. Approximately 25 per cent, or between 2.5 to 3 million people out
of its 11 million workforce is comprised of foreign migrants, primarily
employed in manufacturing (33 per cent), palm oil plantations (23 per
cent), domestic service (26 per cent) and construction (18 per cent).
Of this figure only some 1.8 million are legal and have valid work
permits and according to official Malaysian government figures, 1.2
million of the foreign workers come from neighboring Indonesia.
While Malaysia has made headlines over the brutal sweeping campaigns
it conducts to find illegal workers, along with mandatory caning of
those who overstay their visa, the country seems to have an insatiable
appetite for imported labor.
Malaysian Institute of Economic Research (MIER) executive director,
Professor Emeritus Datuk Dr Mohamed Ariff, claims the number of foreign
workers in Malaysia is expected to exceed five million by 2010.
Much of this growth will be in the construction industry, with the
current ninth Malaysian Plan (9MP) setting a growth target of 3.5 per
cent in this sector alone.
The majority of modern Malaysia’s towering skyscrapers, as well as
the administrative capital of Putrajaya, was built by foreign labour. In
fact the first person buried in the Putrajaya cemetery was an
Indonesian construction worker killed on the job.
Malaysia depends on its cheap workforce
Shamsuddin Bardin, Malaysian Employers Federation Director, says
foreign workers are employed in the “three D jobs that Malaysians don’t
want – dirty, dangerous and difficult.”
The country also has the largest number of domestic workers in Asia.
More than 400,000 domestic workers are currently registered with
approximately 90 per cent, or 360,000, from poor rural areas of
Indonesia.
In addition, it is estimated there is up to another 20,000 undocumented Indonesian woman employed as domestic help.
Human rights groups and NGO’s have long tried to highlight the litany
of human rights abuses taking place against foreign workers in
Malaysia, but often these reports and abuses go unreported, even in the
local media.
However conditions are unlikely to improve in the near future. Just
as Malaysia depends on its cheap workforce, Indonesia relies heavily on
the many billions of dollars sent home by its citizens working abroad.
Money that is spent on educating their children and building homes in
their villages.
Indonesia needs to do much more to protect the rights of it foreign
workers if incidences such as this are not to be repeated over and over
again.
In March 2003 Indonesia temporarily suspended issuing visas for those
wanting to work as maids overseas. Officially the ban was implemented
so the maids could be better trained, but Indonesian MPs had complained
that they faced abuse abroad.
Perhaps its time to impose such a ban again. As well as time to crack
down heavily on the unlicensed labor traders who prowl the nations
villages and send uneducated, untrained and ill-prepared young women off
to the abusive households of Malaysia in exchange for a handful of
Rupiah.
The only way to reduce incidences of abuse and violence against
domestic workers is to ensure that their rights are protected. This is
the role of Indonesia’s lawmakers. The only way to ensure Indonesian
domestic workers receive a more realistic reward for the labour is to
establish skills training centers that at the very least put Indonesian
workers on an equal footing with their counterparts from the
Philippines.
In the meantime, Malaysian politicians need to stop giving lip
service only to the problem, and set minimum punishment laws for abusive
bosses to show that they truly value the contribution these workers
make to their economy
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