Will Cambodia’s domestic workers be celebrating this Labor Day?

Not to be confused with the US Labor Day in September, International Labor Day stems from the 19^th century labor movement against long hours and poor rates of pay, and the birth of trade unions in places like the United States and United Kingdom. Today, International Labor Day means celebrating and standing up for worker’s rights all over the world.

In Cambodia, working conditions are often unjust, badly paid and can be abusive, and one sector where this is particularly prevalent is domestic work. Those who work in housekeeping, cooking and cleaning claim they are not treated like ‘real’ workers under Cambodian law and have been struggling to have their rights heard in recent years.

Add to this ongoing issues with human trafficking for labor to other countries in Southeast Asia, notably for low-paid or near-slave-like domestic work and there can be little to celebrate this Labor Day.

Phnom Penh has seen big street campaigns for better working conditions in the last few years, with some of the strongest protests coming from garment workers, another sector notorious for poor conditions. But where does the Cambodian domestic worker stand this May 1st?

Domestic issues in Cambodia

Cambodia has yet to ratify Convention 189 from the ILO, which sets out minimum standards for the treatment of domestic workers and would ensure better protection for Cambodian staff working in Cambodia.

Since 2012, the Cambodian Domestic Network (CDWN) - the first union to protect the rights of domestic staff in the country – has been working specifically with the government towards getting these international standards met.

But stories continue to emerge of six or seven day weeks, wages as low as $75 or even $50 a month and no provision for things like maternity leave and childcare. Cambodia’s domestic workforce, the majority of which constitutes women, are not given a fair deal. Moreover, living in with their employers, many are left vulnerable to exploitation, isolation and sexual abuse.

Labor trafficking abroad

The lack of protection for domestic workers in neighbouring countries like Malaysia led the Cambodian government to ban the migration of Cambodian domestic workers there in 2011.

However, only this year, Chab Dai has dealt with a case of domestic labor trafficking to Malaysia. A woman was told she could find work as a hairdresser by an agency in Cambodia and that the company in Malaysia would cover all her transport, visa and food costs upfront in exchange for her first 3 months wages. When she arrived in Malaysia, she was actually sent to work as a domestic worker, toiling from morning until midnight and often with only one or two breaks for food.

Fortunately, the woman’s parents reported this case to the Chab Dai Case Support Team so that they could work with the Cambodian Embassy to repatriate her. She now works as a kitchen hand in a rural province in Cambodia.

This is just one case we have been able to intervene with and in this instance, we were able to secure a good resolution. Chab Dai retains a close relationship with the Embassy in Malaysia, as well as others in Thailand and China to deal with these illegal, cross-border migrations more effectively.

But as offices and businesses across the country – and the globe - close for the public holiday this Friday, it’s likely that not all domestic workers in Cambodia will be able to join with the celebrations, or get their voices heard.

‘The Triumph of Labor’ image by Rasnaboy, used under Creative Commons licence. Image of woman cooking owned by Chab Dai.

Addressing the Needs of Domestic Workers in Malaysia

Photo courtesy of Tenaganita, an NGO addressing exploitation in Malaysia.

As you may remember (from a few months ago), Chab Dai’s office building was formerly a recruitment agency for sending domestic workers to Malaysia.  Now Chab Dai is working to bring them back home.  The past few months have brought about exciting partnerships.  I recently sat down with Ms. Tho Narann (Chab Dai's Malaysia Cross-Border Case Officer), to discuss Chab Dai's brand new pilot project and partnership with the Coalition to Abolish Modern-Day Slavery in Asia {CAMSA Malaysia}.

The conversation between Chab Dai and several human rights and anti-trafficking partner organizations in Malaysia began last year, where the need was strongly expressed for an English-Khmer interpreter to assist Cambodian migrant workers who were experiencing abuse and filing cases in Malaysia.  (You can read about that here). Coordination and further discussions lead to the development of this collaborative-based, case coordination project between Cambodian & Malaysian partner.

“The main goal of the project is to improve the case coordination and tangibly provide a cross-border referral mechanism between Malaysia & Cambodia,” says Narann.   Due in part to language barriers and a complex legal system Cambodian domestic workers who experience exploitation in Malaysia are often labeled and treated as illegal workers, rather than identified as victims of human trafficking.  Though potentially exploited and experiencing physical and psychological abuse, migrant workers may be picked up by police and placed in government shelters or worse, deported.  Without a clear ability to understand the full story from the client, cases sometimes become stagnant.  Narann's role is to support cases of Cambodian migrant workers through Khmer/ English interpretation and assist in referring cases between Cambodian & Malaysian organizations, including repatriation and reintegration support when they return home. As a case officer she is actively building relationships with migrant workers, the Cambodian embassy, Malaysian labour officers, and NGO partners.  Cases can be handled efficiently and properly when the full story is communicated and understood.

Best case scenario, says Narann is to “get the women home and get their compensation from their employer.”  The hope remains for Chab Dai that this project will continue to advocate for Cambodian migrants workers in Malaysia and that further cross-border collaboration will result in sustainable justice and restoration. 

*To see more about Chab Dai and CAMSA, follow our updates on Facebook here and here.

PRESS RELEASE: Call to Action - Protect Cambodian Domestic Workers in Malaysia

Last week, over 65 Cambodian and International NGOs and trade unions took unified action to encourage the Cambodian & Malaysia governments to protect the rights of domestic workers. Chab Dai Coalition is an active member of the Cambodian Working Group from Domestic Workers (CWGDW), and endorsed this Call to Action.

You can take action too! The CWGDW is encouraging advocates around the world to show their support for this Call to Action by visiting CWGDW's Facebook Page - click "Like" and "Share" to show your endorsement, and advocate within your networks.

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PRESS RELEASE: 29 February 2012, Phnom Penh, Cambodia

The Cambodian Working Group for Domestic Workers (CWGDW) today issued a “Call to Action” that has been endorsed by 65 Cambodian and International NGOs and trade unions. Together they are calling on the Cambodian and Malaysian governments to take specific measures to protect and ensure the rights of all domestic workers.

Background: Cambodia’s Ban on Domestic Workers to Malaysia is an Opportunity to Protect the Rights of Migrants

On October 15, 2011, the Prime Minister of Cambodia announced a ban on the recruitment, training and sending of domestic workers to Malaysia. In an effort to lift the ban, the Malaysian government has expressed eagerness to propose a bilateral agreement in the coming weeks that will govern the rights and entitlements of Cambodian domestic workers working in Malaysia. The CWGDW, in conjunction with 65 NGOs and trade unions, see the time leading up to the signing of this agreement as a rich opportunity for both governments to make necessary changes to facilitate positive migration experiences during the recruitment, employment, and repatriation stages, and prevent further abuses and exploitation of domestic workers.

The CWGDW

The CWGDW was founded in November 2011 and is a network of civil society stakeholders. The purpose of this action-based forum is to collaborate and unite advocacy efforts and resources to respond to issues affecting domestic workers, and to encourage the Royal Government of Cambodia to ratify the new ILO Convention 189 concerning decent work for domestic workers. Within the last three months, the group has already gained support from domestic and international NGOs and trade unions, and will continue to focus on protecting the rights of domestic workers.

The Call for Action

The Call for Action urges the governments of Cambodia & Malaysia to take the following actions:

1. Sign a bilateral agreement that ensures the protection of rights enshrined in ILO C189.

2. Adopt and enforce mandatory standardized employment and job placement services contracts that adhere to the standards established in ILO C189.

3. Ensure that the regulation of private recruitment agencies meets the standards in ILO C189.

4. Ratify ILO C189 and bring national laws and enforcement into alignment, including covering domestic workers under national labor laws.

5. Establish effective monitoring mechanisms for greater accountability and transparency in recruitment, placement, and employment of domestic workers.

6. Ensure effective access to redress, legal remedies and grievance procedures in Cambodia and Malaysia for victims of rights violations and abuse.

7. Improve screening to identify victims of abuse and survivors of trafficking, and provide them with legal aid, shelter, counseling, and repatriation and reintegration services, as needed.

8. Ensure protection and support for domestic workers already working in Malaysia at the time of the issuance of the ban.

9. Work through regional mechanisms to strengthen the ASEAN Declaration on Migrant Workers and the ASEAN Plan of Action through the promotion of minimum standards for domestic workers.

10. Recognize the special needs and vulnerabilities of female and male migrants and tailor systems to respond.

11. Ensure extensive consultation with civil society organizations working on domestic workers, migration and trafficking to implement the above.

NOTE: The full Call to Action can be downloaded here: in Khmer & English.

For more information contact: Mr. Mom Sokchar, Media Contact - sokchar_mom@lscw.org or (+855) 12 943 767

'Shine On'

Reflections and prayers for grassroots collaboration around cross-border trafficking issues in the region: celebrations of the past, and hope for the future.

Collaboration can be challenging, and I'll admit to say so.

At times doing what I think is best,

.......Alone,.......Can seem easier.

But the regional impact I've seen in the last year through people working together

Causes me to hold to the belief that

........it's

........always

........worth

........the

........extra

........efforts.

So this is my prayer. God, remind us daily of this greater, collective impact.

Help us to act

.......Collaboratively,.............Not-competitively,....................Willing to compromise {our paths, not our vision},...........................With open hearts that strive to include others,
And help us to continually hope for unity.
Thank you God for showing me how your power can shine brighter through people united-
Like last year, when cross-border talks happened and a grassroots safety net was created for protecting Cambodian migrant women exploited in Malaysia.

........God, shine on in our partner referrals.

Like today, when I saw networks of people communicating ideas & strategies back and forth.

........God, shine on in our daily communication.

And like next week, when a collective Call to Action statement will go public and the endorsements of over 60 regional civil society organizations will shout together for Cambodian & Malaysian governments to expeditiously put mechanisms of protection in place for migrant workers!!

........God, shine on in our shouts across the region.

And like next year, well I don't know exactly, yet, but I know God that you care about migrants and victims of trafficking & exploitation. You are and will take care of them.

Through us.

God, shine on.
May our trust match your faithfulness

and your light magnify
as we join hands with others.

God restore our hearts to trust each other,

........To see together what alone we only dream is possible.

Learning,
Hoping,
And praying,........Together.

Amen.

Reflections From My Flight {Malaysia to Cambodia}

Most of you have probably been on a plane sometime in your life, be it across an ocean or only a quick hop closer to home. Likely your plane adventures at one time also included turbulence or your were forced to taxi for longer than desired. And maybe a few of you have even been on such a long flight that when the wheels hit the ground there was some mild cheering or clapping?

Last week my flight from Malaysia back to Cambodia was such a flight. Only this time the cheering & clapping wasn't because we survived the turbulence. It was the genuine excitement of 40+ women arriving back in their country after working two long years in a factory or as a domestic worker.

I can honestly say it was one of the best flights I have ever been on, and it was definitely not the service or in-flight meals which made it so great. So why then? Because I could actually feel the excitement, the joy, and the relief of workers who at some point had risked everything to earn money for their families. They missed their parents, their kids, they missed Khmer food, and also speaking Khmer. As the plane's wheels hit the runway, squeals, cheers, smiles, and excited clapping broke out spontaneously throughout the plane.

I too joined in with their clapping and cheering. For me, though, it wasn't about missing the country or food, per say (although I do love both), it was the JOY of seeing women & men returning home safely. 'They survived!' I thought to myself.

Survived what?
The stories my coworkers & I heard from women & girls during last week's visit in Kuala Lumpur, as well as the reports & research shared between partnering organizations over the last two years, have made me believe it's hard to survive. Beyond the problems of recruitment, debt bondage, and slave-like conditions migrant workers face in Cambodia, bound for Malaysia there is another set of problems awaiting them there. All power is completely in the hands of the company, and more specifically the employer himself. He or she dictates the working hours, holds the worker's passport, controls telephone privledges, locks the doors, pays the salary, and also renews the worker's work permit.

But what about her, the domestic worker? The one who like every other person in the world- holds basic human rights, including dignity, freedom, and access to food, water, and decent living? Nope, sorry, the system isn't worker-center. She is trained to listen & obey the employer, and try her best to please them at whatever the cost.

Example: I saw this list posted throughout the training center of one Cambodian recruitment company:

• I must be a good maid.
• I must work hard.
• I must not be lazy.
• I must make my employers happy.
• I must follow instructions my employer gives.
• I must finish my contract for two years.
• I must help my family earn money.

For me this simple list of 'rules' says a lot about the heart of this 'recruitment-work-system':

1. Clearly workers are NOT educated about their rights. Instead taught everyday for three months that anything the employer says they must do; therefore 'making the employer happy' is supposed to be more important than the workers' own well-being;
2. And it's manipulating to have 'I must help my family earn money' on the list. It adds to the already-felt pressure in Cambodian society for older daughters to provide for the welfare of the whole family. Whispering this subtly in her ear every day, may also add a level of shame that later prevents her from asserting her own rights and reporting harsh conditions or physical/ sexual abuse.

My HOPE is for more women to return safely home to Cambodia with the salaries they were promised and no scars. And for women to be educated about their right to hold their own passport while working, their right to a day off of work, and their right to access social services if needed. If you agree please join me with cheers and clapping!

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Want to know more about the recruitment process in Cambodia or the harsh conditions in Malaysia? Read an in-depth interview between Equitas and myself in June 2011 on their blog. Or do a Google search for even more recent news & updates.

On Twitter? Follow me (@aimee_chabdai) and use #Camlabor to spread awareness news & stories about this form of trafficking.

Planning on migrating? Do you know someone who is? Please migrate safely, here are some tips:

• Copy your passport or write down your passport number and give it to your family.
• Read your contract before signing, and ask to keep a copy.
• Memorize Tenaganita's hotline number in Malaysia in case you need help: 012 335 0512
• Ask lots of question! Know the name and phone number of the recruiter, and the company you are working with.

PRESS RELEASE: Forum to Address Exploitative Labour Recruitment & Trafficking

PHNOM PENH, CAMBODIA: Malaysian non-government organizations (NGOs) visited today with stakeholders working on issues of exploitative labour recruitment and trafficking. The goal of today’s extraordinary meeting was to discuss collaborative strategies to protect, repatriate, and advocate for Cambodian migrants, in light of the growing number of Cambodian women migrating to Malaysia to work in houses, and the increase of abuse cases in the public newspapers.

Chab Dai Coalition and The Asia Foundation co-hosted the meeting today with over 60 stakeholders representing Cambodian and Malaysian NGOs and other international agencies currently working with victims and survivors of human trafficking.

Today’s meeting welcomed Malaysian partners to present about the legal framework, including the Malaysian ATIP Law (2007); services currently available for Cambodian victims of trafficking; challenges facing organizations with regard to rescues, repatriations, and protection of migrant workers; and especially focused on networking.

Chab Dai’s top priority for supporting the Malaysian NGOs to visit was to facilitate cross- border collaboration and networking. A referral mechanism will be generated as an outcome of the meeting, making case referrals and repatriations more efficient.

Helen Sworn, International Director of Chab Dai said:

“This meeting presents a unique opportunity for us to address this urgent issue through joint learning and collaboration among key stakeholders providing support and services for Cambodian migrant workers. Our hope is to develop a common vision to facilitate a closer referral process between the grass roots organisations in order to ensure better protection for Cambodian migrant workers before departure in Cambodia and after arrival in Malaysia.’’

Liva Sreedharan, representing the ATIP desk of Tenaganita in Malaysia, shared about their increase of labour abuse cases of migrant workers from Cambodia. She said:

“This collaboration and coordination today could not be more perfect timing because of the cases of Cambodian domestic workers coming up now. Tenaganita cannot do it alone.”

Tola Moeun, from CLEC, presented an overview in Cambodia facing migrant workers, specifically domestic workers as they are recruited, trained, and sent to Malaysia for work. About the forum today, he stated:

“The forum today is very important because it brings together multiple stakeholders, and identify who is doing what and in what areas we can work together.”

Long-term and short-term ideas were generated in focus groups, with the goal of committing to continue networking and joint-advocacy between both countries.

Today was an opportunity to share together, and begin developing solutions and problem-solving strategies to protect and empower Cambodian migrant workers in- country and abroad.

Read more about the meeting in the Phnom Penh Post [11 May 2011].