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Sunday, November 13, 2011

In Cambodia, anti-slavery reforms questioned

By David Ariosto, CNN



Cambodia, long suspected of being fertile ground for human traffickers, has drawn recent attention after reports of sexual abuse and widespread mistreatment prompted government actions to improve the plight of its young women and girls.

Considered a modern-day form of slavery, human trafficking involves the illegal trade of people and commonly includes sexual exploitation and forced labor.

In Cambodia, CNN uncovered stories of suspected abuse; ranging from girls as young as 4 years old being sold for sex - an industry thought to be bolstered by foreign tourists - to young women trapped in debt-bondage, having being lured to neighboring Malaysia for work.


In an effort to unravel a phenomenon that human rights groups say still plagues southeast Asia and the broader region, the CNN Freedom Project highlighted Cambodia because of both its reputation and a recent pledge to better the situation.

But whether recent reforms have since worked to stem the alleged abuses remains a subject of debate.

Domestic labor in Malaysia

Drawn by the prospect of a better life and the promise of more money, many young Cambodian maids working in Malaysia said they were recruited to go there by labor agencies, now only to find themselves unable to leave.

The women - often subject to poor treatment in prison-like facilities - forfeit their passports and are commonly left in a situation tantamount to indentured servitude, said Manfred Hornung, a legal adviser for the Cambodian Rights Group, Licadho.

On October 15, however, Cambodian Prime Minister Hun Sen signed a measure into law banning the practice of sending domestic workers to Malaysia, perhaps in response to mounting criticism.

The ban was enacted just days after a report by CNN's Dan Rivers examined a recruitment agency in the Cambodian capital.

The story "that aired on CNN has actually awakened the country up the whole country on this human trafficking issue again," said Cambodian parliament member Mu Sochua. "I have to say that his piece is just one little part of the whole problem, which is much worse."

She said the report prompted her to further petition the country's leadership to take action.

But only weeks later, Sochua told CNN that labor recruitment agencies in her country were still sending domestic workers to Malaysia, adding that many government officials either own or have close ties to the companies.

The country's ministries of labor and interior "are not taking any action," she said, noting that "many officials and familial members of some ministers actually own these dubious agencies."

Sochua did not identify the officials, ministers or companies to which she was referring and CNN cannot independently confirm her claim.

But a government spokesman called the practice of sending labor abroad "a learning process."

"We are finding out why it has happened and why it is happening," said Phay Siphan, a spokesperson for the country's Council of Ministers.

Recruitment agencies, meanwhile, forge identification papers in an effort to recruit children, charge "excessive recruitment fees" and mislead workers about potential opportunities, according to recent a Human Rights Watch report.

Up to 50,000 Cambodian women have migrated to Malaysia since 2008, the report said.

And yet just three days after the domestic worker ban was signed into law, 25 Cambodian maids - wearing shirts emblazoned with name of a recruiting agency - checked in for an Air Asia flight to Kuala Lumpur, Malaysia, according to Licadho.

CNN cannot independently confirm that account.

"It is a heartbreaking story," said Sochua. "I constantly meet with many parents who come to tell me that they don't know where their girls are, they simply disappeared and lost contacts with families after girls left to Malaysia."

Sex slavery

Often accused of being both a source of and destination for human sex trafficking, CNN explored allegations of abuse affecting young girls in Cambodia - notably in a village outside the capital of Phnom Penh.

The village, Svay Pak, appears to have a disturbing reputation as a place where little girls are openly sold for sex to foreign tourists.

One of the girls - who CNN is not naming to protect the identity of the victim - says she was forced to work in a brothel before she could read.

"I was about 5 or 6 years old," the girl said. "The first man said to me, 'I want to have sex with you.' At the time I didn't know what to do. No one could help me."

Dozens of girls in her neighborhood told CNN that they've had similar experiences.

Sex workers elsewhere in the country are also subject to other forms of sexual violence, according to Human Rights Watch.

Last year, the group released a report that detailed widespread allegations of 90 female and transgender sex workers that said police "had beaten them with their fists, sticks, and electronic shock batons."

"Several said officers raped them while they were in police detention," the report said. "Every single sex worker we spoke with said the police demanded bribes or stole money from them. Some officers demanded sex."

Two years earlier, the country had passed a law meant to protect sex workers. But rights groups, such as Human Rights Watch, say there is "little evidence that this has happened, or that prosecutions for trafficking have been pursued.

Government officials decline to comment on those allegations.

Timeline

As the CNN Freedom Project continues to examine the effects and root causes of human trafficking, the following timeline reflects key aspects of coverage and events around the region.

October 3-5, 2011: CNN airs a three-part series that examines a recruiting agency, with alleged ties to the Cambodian government, suspected of trafficking maids to Malaysia. Just before the series airs, the young woman featured in the story begins receiving compensation, she says, but is still unable to leave the factory – her passport confiscated – until her "debt" is paid off. Read more of the report by CNN correspondent Dan Rivers

October 15, 2011: Cambodia's prime minister signs an order suspending the recruitment, training and sending of Cambodian domestic workers to Malaysia. Weeks later an opposition lawmaker says labor recruitment agencies are still sending domestic workers to Malaysia, adding that many government officials either own or have close ties to the companies. CNN cannot independently confirm that account and government officials say stopping the practice is "a learning process."

October 17, 2011: Malaysian Foreign Minister pledges to apologize to Cambodia if allegations of abuse of Cambodian workers in Malaysia are proved to be true.

October 22-23, 2011: CNN airs a two-part documentary called "Not My Life" that focuses on Cambodian brothels, specifically an area not far from the capital, where young girls are prostituted to visiting tourists.

October 24, 2011: CNN correspondent Sara Sidner reports from Cambodiagoogle. as a follow-up to what was revealed in "Not My Life." She files a story that focuses on a young woman who talks about how she endured repeated rapes from the time she was 5e years old. Shortly after the story airs, Cambodian authorities contact Don Brewster who runs the aid group featured in "Not My Life" to say they would act and make arrests. Brewster says he's been "yelling from the roof tops" for the past two years and it's not until CNN airs the story that suddenly there is action.

October 28, 2011: An article in the Cambodia Daily - an English-language daily newspaper - highlights government ties to recruiting agencies, including the one featured in Rivers' report.

October 31, 2011: Human Rights Watch publishes a report based on interviews with migrant domestic workers, government officials, non-governmental organizations, and recruitment agencies that highlight alleged abuses of women and girls in Cambodia and Malaysia, including allegations of forced confinement, heavy debt burdens and rape.

November 6, 2011: Journalist Nick Kristof accompanies a police raid at a brothel in Cambodia and posts message on the social networking site Twitter about how the army showed up and ordered police to cancel the raid as it was taking place. CNN cannot independently confirm that account, and the government has declined to comment.

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Friday, November 11, 2011

Cambodia/Malaysia: Domestic workers face abuse



The Cambodian and Malaysian governments’ failure to regulate recruiters and employers leaves Cambodian migrant domestic workers exposed to a wide range of abuses, Human Rights Watch said in a report issued on 1 November 2011.



Tens of thousands of Cambodian women and girls who migrate to Malaysia have little protection against forced confinement in training centres, heavy debt burdens, and exploitative working conditions.


The 105-page report, “‘They deceived us at every step’: Abuse of Cambodian domestic workers migrating to Malaysia”, documents Cambodian domestic workers’ experiences during recruitment, work abroad, and upon their return home. It is based on 80 interviews with migrant domestic workers, their families, government officials, non-governmental organisations, and recruitment agents. The report highlights the numerous obstacles that prevent mistreated women and girls from obtaining justice and redress in both Cambodia and Malaysia.

“Cambodia has been eager to promote labour migration but reluctant to provide even the most basic protections for migrant women and girls,” said Jyotsna Poudyal, women’s rights research fellow at Human Rights Watch. “The government should stop abdicating responsibility to unscrupulous recruitment agencies and clean up exploitation and abuse.”

Since 2008, 40000-50000 Cambodian women and girls have migrated to Malaysia as domestic workers. Some recruitment agents in Cambodia forge fraudulent identity documents to recruit children, offer cash and food incentives that leave migrants and their families heavily indebted, mislead them about their job responsibilities in Malaysia, and charge excessive recruitment fees.

Domestic workers told Human Rights Watch that agents forcibly confine recruits for three months or longer in training centres without adequate food, water, and medical care. Some labour agents coerce women and girls to migrate even if they no longer wish to work abroad. Workers who escape from the training centres face retaliation for escaping or for failing to pay debts related to the recruitment process.

The husband of a domestic worker who escaped from a training centre told Human Rights Watch:
The representative from the company said if my wife doesn’t return he will auction this house and land. And if the auction is not enough, they will arrest me and put me in jail.

At times collaboration of government officials with private recruitment agencies makes it almost impossible for workers to seek effective redress, Human Rights Watch found. One domestic worker said that two women had attempted suicide in a training centre in Cambodia after the agency refused their request to return home.

The agency then held a meeting with all recruits. Two police officials were there.

“The police officials told us that if we [attempted to] commit suicide, then they would put us in jail,” one of the workers said. “They also said that we should never try to escape. Even if we escape, the police will find [us] and we will still be sent to Malaysia.”

In the first successful prosecution of a recruitment agency, a Cambodian court in September 2011 sentenced a manager of the VC Manpower recruitment agency to 13 months in prison for illegally detaining child workers. However, the government has failed to arrest and prosecute other recruitment agents involved in similar abuses, and it has not revoked the licence of a single recruitment agency.

“While the conviction of one abusive agent in Cambodia is a step forward, it remains an exception,” Poudyal said. “The Cambodian government should put an end to systematic exploitation of domestic workers by ensuring that all agents are held accountable for their acts.”

Once in Malaysia, Cambodian women and girls often have to surrender their passports to their agents or employers, making it harder for them to leave if they are mistreated. Many work for 14-21 hours a day without rest breaks or days off. And many are forcibly confined to their work places, are not given adequate food, and are physically and verbally abused. Some have been sexually abused by their employers. None of the workers Human Rights Watch interviewed said they had received their full salary.

Malaysian labour laws exclude migrant domestic workers from key protections, such as a weekly day of rest, annual leave, and limits on working hours. Immigration laws tie a domestic worker’s residency to her employer, so the employer can terminate a domestic worker’s contract at will and refuse permission to transfer jobs. These policies restrict domestic workers’ ability to seek redress and to change employers, even in cases of abuse, Human Rights Watch said.

Human Rights Watch documented cases in which the combination of deception and indebtedness during recruitment, forced confinement, unpaid wages, and threats of retaliation for escaping or failing to pay debts amounted to forced labour, including trafficking and debt bondage. Abused workers often turn to the local agents of their recruitment companies, since they are typically the only contact the worker has in Malaysia, but may face intimidation and a return to the same abusive employer. The Cambodian embassy in Kuala Lumpur, Malaysia’s capital, has also returned workers, including those who experienced sexual and physical abuse, to their recruitment agency or employers.

The Cambodian government should introduce a comprehensive migration law, strengthen monitoring of recruitment agencies, and impose significant penalties when violations occur, Human Rights Watch said. The Malaysian government should revise its labour and sponsorship laws to strengthen protection for domestic workers. Both countries should increase support services for abused workers, including legal aid and psychosocial services.

Human Rights Watch also urged Cambodia and Malaysia to ratify the International Labour Organisation Convention on domestic work. The treaty obliges governments to ensure decent working conditions, to impose a minimum age requirement for domestic work, and to protect domestic workers from violence and exploitative recruitment practices.

“When the Cambodian embassy in Malaysia sends abused workers back to their recruitment agencies, it is putting women who have suffered tremendously at risk of further abuse,” Poudyal said. “Cambodia and Malaysia should ratify the new ILO Convention on domestic work, but they should start applying its provisions even before ratification is completed to safeguard the rights of domestic workers.”

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Wednesday, November 09, 2011

Cambodian MP wants bilateral agreement on domestic workers

Source: freemalaysiatoday.com



PETALING JAYA: Cambodian opposition MP, Mu Sochua, is determined to push for a bilateral agreement between Cambodia and Malaysia on the protection of Cambodian domestic workers here.

According to her, a mere memorandum of understanding, as suggested by Human Resources Minister S Subramaniam would be insufficient in addressing and resolving the issue of Cambodian domestic worker abuse in Malaysia.

Cambodia last month imposed a temporary ban on its citizens from working in Malaysian households following allegations of abuse.


Sochua, who was the driving force behind the ban, is adamant that better mechanisms be put in place when it is finally lifted to guarantee the protection of domestic workers and the prosecution of those who violate the law.

In a joint press conference with Tenaganita today, she explained that a bilateral agreement is crucial because it would have to include the Asean Migrant Workers Declaration, the International Labour Organisation( ILO) Convention on Domestic Workers and the Committee on the Elimination of Discrimination against Women (CEDAW).

“And the agreement shouldn’t be limited to governments alone but must also include civil society, unions and NGOs to truly address the issue,” she said. “And politicians have to be involved as well so that we can hold ourelves accountable to our constituents.”

“I will continue pushing for clear mechanisms that will ensure a clean process of recruitment and accountability. This is not about business alone.”
Tenaganita, meanwhile, announced that it will push for a standardised contract for all domestic workers which will be the basis for the development of the bilateral agreement.

Its executive director, Irene Frenandez, told the media that Malaysia practiced discrimination in the way it addressed domestic workers as there are different contracts for each country.

“We need a standard contract for all domestic workers regardless of their countries of origin,” she said. “This way employers will also be clearer on their responsibilities in terms of protecting and addressing the rights of the domestic worker.”

Fernandez added that the Bar Council and other civil society groups had submitted a memorandum to the Human Resources Ministry about a year ago which included the recommended contract.

“We will revive that discussion and work together with Sochua and other civil society organisations in Cambodia on this matter,” she said. “Hopefully these basic demands and requirements are put in place so the ban can be lifted within three months.”

Fernandez also said that the two main issues that required restructuring are the recruitment fees and the need for a post-arrival orientation programme.

“Recruitment fees is one of the major controls that employers have over domestic workers,” she pointed out. “It creates debt bondage and has to go. Direct recruitment from Indonesia only costs RM2,000, so employers don’t really need to fork out huge amounts for a domestic worker.”

“The post-arrival orientation programme must be rights-based and conducted for both employer and domestic workers. We will ask the government to allow civil societies to also conduct this programme to prevent agencies from pushing their own framework of control.”

Sochua, however, acknowledged that certain measures would take more than three months to implement, like the full adoption of the Asean declaration, changing legislation and reforming the judiciary.

“But Cambodia has to clean its house first before asking Malaysia to do the same,” she said. “We need to address the problem of unemployment among women by protecting them instead of simply providing them employment opportunities abroad.”

“The temporary ban has sent out a very clear message in Cambodia and has received strong public support. And I believe that the Cambodian Prime Minister has the political will to change the situation. But there is still a long way between will and what is eventually done.”

During her first visit to Malaysia in August, Sochua only met with rescued domestic workers and NGOs to avoid her visit being politicised.

This time however, she will be holding informal talks with opposition MPs including Subang MP Sivarasa Rasiah and Batu MP Tian Chua.

But she made it clear that she isn’t here to seek out media opportunities or to seek the apology that Foreign Minister, Anifah Aman, promised to offer if the allegations of abuse are true.

Neither Anifah nor any government representative has responded to a recently released report by the Human Rights Watch on the abuse of Cambodian domestic workers to Malaysia.

“What is an apology without addressing the real issue or hearing the voices of the workers?” said Sochua. “And without realising that a visa of employment is not a visa of exploitation.”

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