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Cambodia’s ban on domestic worker to Malaysia is an opportunity for change to protect the right of migrants

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Cambodian Working Group for Domestic Workers

c/o Natalie Drolet, Advocacy Officer, LSCW

P.O. Box: 1542

Phnom Penh, Cambodia

ndrolet@lscw.org

(855)23 220 626

A call for ACTION now

February 8, 2012

CAMBODIA’S BAN ON DOMESTIC WORKERS TO MALAYSIA IS AN OPPORTUNITY FOR CHANGE TO PROTECT THE RIGHTS OF MIGRANTS

On October 15th, 2011 the Prime Minister of Cambodia announced a ban on the recruitment, training and sending of domestic workers to Malaysia. This announcement was made following various media and NGO reports of abuses, exploitation and even deaths of Cambodian domestic workers in Malaysia. The key purpose of the ban was to put into place new laws, processes and mechanisms that will ensure safe migration.

In June 2011, the ILO adopted Convention 189 concerning decent work for domestic workers. The time is ripe for the Cambodian and Malaysian governments to take measures to ensure the rights of domestic workers, including a decent minimum wage, that define the rights and responsibilities of domestic workers, employers and recruitment agencies. 

With a clear recognition of rights and an effective rights monitoring mechanism, we can stop the needless suffering of thousands of often very young Cambodian women and girl domestic workers in Malaysia.

Support and lobby for the actions proposed overleaf…..

 

We call on the governments of Cambodia and Malaysia to:

    1. Sign a bilateral agreement that ensures the protection of rights enshrined in ILO C189.
    1. Adopt and enforce mandatory standardized employment and job placement services contracts that adhere to the standards established in ILO C189.
    1. Ensure that the regulation of private recruitment agencies meets the standards in ILO C189.
    1. Ratify ILO C189 and bring national laws and enforcement into alignment, including covering domestic workers under national labor laws.
    1. Establish effective monitoring mechanisms for greater accountability and transparency in recruitment, placement, and employment of domestic workers.
    1. Ensure effective access to redress, legal remedies and grievance procedures in Cambodia and Malaysia for victims of rights violations and abuse.
    1. Improve screening to identify victims of abuse and survivors of trafficking, and provide them with legal aid, shelter, counseling, repatriation and reintegration services, as needed.
    1. Ensure protection and support for domestic workers already working in Malaysia at the time of the issuance of the ban.
    1. 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.
    1.  Recognise the special needs and vulnerabilities of female and male migrants and tailor systems to respond.
    1.  Ensure extensive consultation with civil society organizations working on domestic workers, migration and trafficking to implement the above.

We call on the governments of Cambodia and Malaysia to act expeditiously to enact effective protection measures for domestic workers.

Endorsed by:

    1. Cambodian Working Group for Domestic Workers (CWGDW), Cambodia
    2. Chab Dai Coalition, Cambodia
    3. Independent Democracy of Informal Economy Association (IDEA) Cambodia
    4. Healthcare Center for Children (HCC), Cambodia
    5. Legal Support for Children and Women (LSCW), Cambodia
    6. Gender and Development Cambodia (GADC), Cambodia
    7. Strey Khmer, Cambodia
    8. Community Legal Education Center (CLEC), Cambodia
    9. Cambodian Women’s Crisis Center (CWCC), Cambodia
    10. Cambodian League for the Defense and Protection of Human Rights (LICADHO), Cambodia
    11. Coalition of Cambodian Farmer Community (CCFC) Cambodia
    12. American Center for International Labor Solidarity (ACILS), Cambodia
    13. Cambodian Human Rights and Development Organization (ADHOC), Cambodia
    14. Positive Change for Cambodia, Cambodia
    15. Cambodian Youth Network (CYN) Cambodia
    16. Human Rights Watch
    17. World Solidarity
    18. Migrant Forum in Asia (MFA)
    19. Mekong Migrant Network (MMN)
    20. Tenaganita, Malaysia
    21. Penang Office For Human Development (POHD), Malaysia
    22. Foreign Spouses Support Group, Malaysia
    23. Pusat Kebajikan Good Shepherd, Malaysia
    24. Coalition to Abolish Modern-Day Slavery in Asia (CAMSA)
    25. National Union of Building and Construction Workers (NUBCW), Philippines
    26. Worker’s Rehabilitation Center (WOREC), Nepal
    27. Youth Action Nepal (YOAC), Nepal
    28. WARBE Development Foundation, Bangladesh
    29. Center for Indonesian Migrant Workers (CIMW), Indonesia
    30. Center for Indian Migrant Studies (CIMS), India
    31. Hope Workers Center (HWC), Taiwan
    32. Transient Workers Count Too (TWC2), Singapore
    33. Pravasi Nepali Coordination Committee (PNCC), Nepal
    34. St.Francis of Assisi, Singapore
    35. Center for Migrant Advocacy, Philippines
    36. Scalabrini Migration Center, Philippines
    37. International NGO Forum on Indonesian Development, Indonesia
    38. Coalition for Migrant Rights (CMR), Hong Kong
    39. International Association of Scalabrinian Sisters for Migrants (AISSMI)
    40. Migrant CARE, Indonesia
    41. Hsinchu Migrants and Immigrants Services Center, Taiwan
    42. Unlad Kabayan Center Foundation, Philippines
    43. KAAGAPAY, Philippines
    44. Refugee and Migratory Movements Research Unit, Bangladesh
    45. Woman Health, Philippines
    46. Kanlungan, UK