TENAGANITA

Womens Force ( 201709 W) NO 38, Jalan Gasing, 46000, Petaling Jaya, Selangor Darul Ehsan Tel: (603) 7770 3691 / 7770 3671 Fax: (603) 7770 3681 Email: general@tenaganita.net Website: www.tenaganita.net

Press Statement
9 November 2011.

CAMBODIAS BAN ON DOMESTIC WORKERS TO MALAYSIA IS AN OPPORTUNITY FOR CHANGE IN PROTECTION OF RIGHTS AND FOR SAFE MIGRATION.
On October 15, 2011 the Prime Minister of Cambodia announced a ban on recruitment, training and sending of domestic workers to Malaysia. This announcement was made after various media reports and NGOs handling of cases, showed how women and girls from Cambodia who worked as domestic workers suffered abuse, exploitation where even deaths had occurred. The key purpose for this temporary ban was to put into place regularity instruments, processes and mechanisms to ensure no harm comes to its citizens while ensuring safe migration. MP Mu Sochua, a leading member of the opposition party Sam Rainsy Party (SRP) and former Minister of Womens Affairs said, The move made by the Prime Minister of Cambodia should be seen as an opportunity for both governments, Cambodia and Malaysia to take stock of the whole process of migration of women and girls as domestic workers to Malaysia. Domestic workers are not commodities or machines but human beings with needs, rights and expression. This form of suspension should now be a basis for a serious review by governments, employers and recruitment agencies on recruitment, placement, employment and treatment of domestic workers. Undoubtedly the key actor for protection of rights is the government while non state actors like employers and agents must have due diligence. A critical review is called upon to identify the weaknesses in the system of recruitment; to honestly address the absence of a legal framework in Malaysia for the protection of rights of domestic workers and to create remedies and mechanisms to make employers and agents accountable for violations. This follow up visit by MP Mu Sochua to Kuala Lumpur aims to search for answers, remedial measures and opportunities to carve out effective recommendations through dialogue with different stakeholders including legislators, the government, recruitment agencies and civil society organizations to realize safe migration through effective management systems and mechanisms.

The ban of Cambodian domestic workers to Malaysia tog ether with the continued moratorium by the Indonesian government on domestic workers to Malaysia has now created a huge demand where, over 40000 or more families wait to employ a domestic worker. Irene Fernandez, Executive Director of Tenaganita, states, The two bans made on recruitment of domestic workers must be seen as a strong wake up call for Malaysia. Employers can no longer look for cheap labor and believe they can act with impunity. Taking our eyes to new countries for recruitment is not the solution as it may just lead the next country to take the same action. It is imperative that we act with strong political will to bring changes and recognize domestic workers as workers giving them equal treatment. As a signatory to the Convention on Elimination of All Forms of Discrimination Against Women, we have state obligations to ensure equality at work and in social life for one of the most marginalized groups, domestic workers. Therefore there needs to be a clear roadmap drawn by both governments towards lifting the ban while Malaysia assures that rights of all domestic workers to Malaysia, irrespective of the origin country will be protected. In July 2011, the ILO governing body adopted the ILO Convention on Domestic workers with an overwhelming majority vote setting the global standards of rights of all domestic workers. With the adoption of this Convention and challenged by the growing rights violations and lack of legal framework for protection of rights in Malaysia, the time is ripe and opportune for both governments to use the ILO Convention to develop standard contract, to define the rights of the workers and the responsibilities of employers and other stakeholders like recruitment agencies. We propose the following recommendations and the adoption of them as a way forward in achieving sustainable employment of domestic workers in Malaysia. These recommendations demand changes in perception, in recognition of rights, in putting in place with political will, a legal framework, mechanisms and building of partnerships in recruitment, placement and employment of domestic workers who continue to be unrecognized as workers in Malaysia. RECOMMENDATIONS. 1. Strengthen Legislation and regulatory mechanisms for comprehensive protection of domestic workers through a standard contract recognizing the core rights enshrined in the ILO Convention on Domestic Workers. 2. Ensure that regulation of private recruitment agencies meets standards established in ILO Convention No. 189 on Decent Work Concerning Domestic Workers including registration, establishing accessible complaint mechanisms, and prohibiting salary deductions to repay recruitment fees. 3. Ratify ILO Convention No. 189 Concerning Decent Work for Domestic Workers and bring national laws and enforcement into alignment.

4. Establish Monitoring mechanisms for greater accountability and transparency in recruitment, placement and employment of domestic workers with the support of civil society organizations. 5. Work through regional mechanisms especially the ASEAN process of building a one Asean community to promote regional minimum standards for domestic workers, strengthening the ASEAN Declaration on Migrant Workers and the ASEAN Plan of Action. 6. Increase and improve access to redress, legal remedies and grievance procedures in Cambodia and Malaysia for all victims of rights violations and abuse. 7. Improve screening to identify victims of domestic worker abuse and survivors of trafficking, and provide them legal aid, counseling, and recovery as needed. We call on the governments of Cambodia and Malaysia to act with a strong will so that the ban can be lifted within the next 3 months by putting in place the fundamentals as stated in the recommendations to ensure safe migration for women and girls who choose to become domestic workers. Signed:

Dr Irene Fernandez Executive Director