Letter to the Editor
IS THERE ACCESS TO JUSTICE FOR MIGRANT DOMESTIC WORKERS?
16 February 2006

On the surface, the Governments call for employers to open bank accounts for migrant domestic workers (MDW) seems to be a positive move on their part. However, Women's Aid Organisation (WAO) urges the Government to further specify that the Account must be in the MDW's name, and that she should be entitled to have possession of the Account book so as to have access to her money. This policy should be in line with the Passport Act 1966 (Amended 1996), which makes it an offence to hold another's passport. Accounts held in the employer's name, and withholding possession of bank books and passports, is to our mind a very sophisticated form of slavery.

WAO has had numerous cases of employers failing to pay MDW's wages. In such instances, the cases have been lodged in the Labour Office and even filed in the Labour Courts. However, employers still choose to ignore the Orders from the Labour Office/Court as employers know of its limited power. At present, if the MDW wishes to enforce the Labour Order, she has to register the Order in the Civil Court first. This is not only time consuming but also financially burdensome. WAO urges the Government to review the Labour Office/Court's power of enforcement so that the MDW has access to justice.

Currently, seeking redress for the MDW is financially burdensome because the MDW has to apply for a Special Pass which costs RM100 per month in order to stay in the country legally and to await resolution of her case against the employer. The Employment (Restriction)(Exemption) Order 1972 prohibits the MDW from working, and thus discourages her from pursuing her case due to the expense involved. In reality, the MDW has to fork out more money to regain what is rightfully hers in the first place.

Added to all this, many of the MDW would have endured physical and/or emotional abuse, whilst being employed in Malaysia. Many MDW have had to return to their country of origin empty-handed as some employers take advantage of these situations by engineering postponement of the hearings in Court. Their cases are often not prioritized to be heard by the Courts unless the cases are highlighted or publicized by the media.

WAO has been advocating for the rights of MDW since 1995. Amongst some of our calls has been the need to standardize contracts of employment between employers and migrant domestic workers, and the establishment of minimum wage and working hours.

The Malaysian Government's policy towards MDW changes from time to time, between balancing the economic necessity of MDW on the one hand and it's fear of over dependence, perceived negative values and social vices being imported into the Malaysian culture. WAO urges the Government to develop and strategize more consistent policies as it affects the expectation and treatment of the MDW.

Although this initiative is a move forward, many MDW are still facing multiple forms of discrimination and isolation. What is still urgently needed is the political will of the Government to recognize the MDW as a "worker" in her own right and to ensure that the MDW has access to justice.

Meera Samanther
President
Women's Aid Organisation