Salbiah Ahmad
from:Malaysiakini
Mautik Hani is dead. She was somebody’s daughter, sister, perhaps even, mother. It is hard to imagine that slavery is very much alive in this country.
Migrant labour, refugees and asylum seekers continue to face insurmountable obstacles in Malaysia. It was reported that there were two more deaths of Burmese refugees at a holding centre in Lenggeng on Oct 31.
This is in addition to the earlier deaths of six Burmese held at KLIA and two at Juru this year. There is a trend leaning towards deaths in custody of people who have no rights, or people with no free access to rights.
The continued questions from deaths in police custody and in immigration holding centres (for refugees, asylum seekers and undocumented migrants) have created a culture of violence with impunity.
Against this backdrop, it is not hard to imagine that employers of migrant workers and domestic help think that they can get away with cruel and degrading acts, torture and deaths perpetrated against migrant labour.
Malaysia is not party to the Refugee Convention or the recent International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
The Migrant Workers’ Convention came into force in 2003.
Malaysia has been party to the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW. There is a reporting system under CEDAW.
Malaysia has failed to submit her third periodic report due in 2004 and her fourth periodic report due in 2008.
Redress by abusive employers
In the concluding comments of the UN committee to CEDAW, dated 2006, it made a specific recommendation urging Malaysia to enact comprehensive laws and establish procedures to safeguard the rights of migrant workers.
It called upon Malaysia to provide migrant workers “with viable avenues of redress against abuse by employers” and to make migrant workers aware of such rights.
Human rights groups have long identified the non-recognition of the domestic worker under all national legislation on employment.
In effect without such protection, domestic workers can be treated as slaves as the recent case of Mautik Hani has shown us. There is state complicity in this treatment of people and workers as slaves.
In the absence of legal protection, police response on abuse of domestic workers have been slow, these cases are a low priority. It would appear that the official police response would be to have the case remitted to the respective embassies. This is oblivious of the fact that a crime was committed on Malaysian soil by Malaysians.
I am still surprised by comments of the relevant people in government, without naming names, there is little knowledge of the nature of the country’s international obligations. It can be both horrifying and amusing to hear exclamations that we don’t need a “UN agenda”.
Overdue ministry report
It is perhaps useful to remind the government that the people have elected into office of Malaysia’s affirmation of the principles of the Charter of the UN and its commitment under CEDAW.
As a member of this body, the country affirms the importance of “international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction, as to race, sex, language or religion”.
Migration and refugee protection are global concerns which require both national and international solutions. And we have not even begun at home!
The ministry responsible for reporting to the CEDAW committee is the Ministry of Women and Family Development. It would be useful for the ministry to note that in November 2008, the CEDAW committee had approved the General Recommendation 26 on Women Migrant Workers. The next Malaysian periodic report that is overdue to date should develop a strategic plan to incorporate the concerns in GR 26.
The committee recognizes that states are entitled to control their borders and regulate migration. However, they must do so in full compliance with their obligations as parties to human rights treaties they have ratified.
PR commitment to women’s human rights?
All categories of women migrants fall within the scope of state obligations under CEDAW. Although both men and women migrate, migration is not a gender-neutral phenomenon.
The position of female migrants is different from that of male migrants in terms of legal migration channels, the sectors into which they migrate into, the forms of abuse they suffer and the consequences of that.
In understanding this differentiation, the factors to be taken into consideration include the traditional female roles, a gendered labour market, the prevalence of gender-based violence, feminization of poverty and gender inequalities.
State parties in essence would be the party elected to federal government. However, as the Pakatan Rakyat (PR) have been voted into office in three states and effectively running two since March 2008, it is also time for us to investigate PR’s commitment to women’s human rights in the country.
Selangor is one of the three most populous PR controlled state. There is always room to develop effective mechanisms to address the issues raised in this article as national laws are the domain of federal parliament.
Mautik Hani is dead. How many more deaths and torture of women do we need to chalk up before the numbers will galvanize policy direction?
from:Malaysiakini
Mautik Hani is dead. She was somebody’s daughter, sister, perhaps even, mother. It is hard to imagine that slavery is very much alive in this country.
Migrant labour, refugees and asylum seekers continue to face insurmountable obstacles in Malaysia. It was reported that there were two more deaths of Burmese refugees at a holding centre in Lenggeng on Oct 31.
This is in addition to the earlier deaths of six Burmese held at KLIA and two at Juru this year. There is a trend leaning towards deaths in custody of people who have no rights, or people with no free access to rights.
The continued questions from deaths in police custody and in immigration holding centres (for refugees, asylum seekers and undocumented migrants) have created a culture of violence with impunity.
Against this backdrop, it is not hard to imagine that employers of migrant workers and domestic help think that they can get away with cruel and degrading acts, torture and deaths perpetrated against migrant labour.
Malaysia is not party to the Refugee Convention or the recent International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
The Migrant Workers’ Convention came into force in 2003.
Malaysia has been party to the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW. There is a reporting system under CEDAW.
Malaysia has failed to submit her third periodic report due in 2004 and her fourth periodic report due in 2008.
Redress by abusive employers
In the concluding comments of the UN committee to CEDAW, dated 2006, it made a specific recommendation urging Malaysia to enact comprehensive laws and establish procedures to safeguard the rights of migrant workers.
It called upon Malaysia to provide migrant workers “with viable avenues of redress against abuse by employers” and to make migrant workers aware of such rights.
Human rights groups have long identified the non-recognition of the domestic worker under all national legislation on employment.
In effect without such protection, domestic workers can be treated as slaves as the recent case of Mautik Hani has shown us. There is state complicity in this treatment of people and workers as slaves.
In the absence of legal protection, police response on abuse of domestic workers have been slow, these cases are a low priority. It would appear that the official police response would be to have the case remitted to the respective embassies. This is oblivious of the fact that a crime was committed on Malaysian soil by Malaysians.
I am still surprised by comments of the relevant people in government, without naming names, there is little knowledge of the nature of the country’s international obligations. It can be both horrifying and amusing to hear exclamations that we don’t need a “UN agenda”.
Overdue ministry report
It is perhaps useful to remind the government that the people have elected into office of Malaysia’s affirmation of the principles of the Charter of the UN and its commitment under CEDAW.
As a member of this body, the country affirms the importance of “international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction, as to race, sex, language or religion”.
Migration and refugee protection are global concerns which require both national and international solutions. And we have not even begun at home!
The ministry responsible for reporting to the CEDAW committee is the Ministry of Women and Family Development. It would be useful for the ministry to note that in November 2008, the CEDAW committee had approved the General Recommendation 26 on Women Migrant Workers. The next Malaysian periodic report that is overdue to date should develop a strategic plan to incorporate the concerns in GR 26.
The committee recognizes that states are entitled to control their borders and regulate migration. However, they must do so in full compliance with their obligations as parties to human rights treaties they have ratified.
PR commitment to women’s human rights?
All categories of women migrants fall within the scope of state obligations under CEDAW. Although both men and women migrate, migration is not a gender-neutral phenomenon.
The position of female migrants is different from that of male migrants in terms of legal migration channels, the sectors into which they migrate into, the forms of abuse they suffer and the consequences of that.
In understanding this differentiation, the factors to be taken into consideration include the traditional female roles, a gendered labour market, the prevalence of gender-based violence, feminization of poverty and gender inequalities.
State parties in essence would be the party elected to federal government. However, as the Pakatan Rakyat (PR) have been voted into office in three states and effectively running two since March 2008, it is also time for us to investigate PR’s commitment to women’s human rights in the country.
Selangor is one of the three most populous PR controlled state. There is always room to develop effective mechanisms to address the issues raised in this article as national laws are the domain of federal parliament.
Mautik Hani is dead. How many more deaths and torture of women do we need to chalk up before the numbers will galvanize policy direction?
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