The Women’s Aid Organisation (WAO) would like to express our sincerest condolences to the family of Afiyah Daeng Dami, a domestic worker in Penampang, Sabah who was murdered by her employers.
Employed in 2021, her short tenure there was characterised by prosecutors as a “prolonged campaign of cruelty”, in which she was systematically abused, tortured and ultimately killed by her employers.
Her passing sets up an urgent call to ensure that domestic workers are subject to fair and decent working conditions in Malaysia and protected as ‘workers’ under the Employment Act 1955.
Currently, domestic workers are excluded from core protections within the Employment Act, which includes safeguards on working hours, rest days, overtime pay, sick leave, annual leave, and occupational safety and health.
Domestic workers in Malaysia
Domestic workers typically refer to those who are employed within a household to perform an agreed upon set of tasks. This can involve indirect care which includes cooking and cleaning, as well as direct care, which includes child and elder care.
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A RE:CARE study found that, among migrant domestic workers in Malaysia surveyed, 29.4% were responsible for elder care, 42.2% were responsible for childcare for children below six years of age, while 32.9% reported supporting care recipients with additional care needs.
This underscores the important role that domestic workers play in upholding our society. Yet, their wellbeing remains largely overlooked.
In 2022, the Employment Act was changed to replace the degrading term “domestic servant” with “domestic employee”. This shows how slowly our attitudes are changing towards seeing domestic work as an occupation that deserves equal rights and protection.
Across Malaysia, domestic workers are usually still typically referred to as ‘maids’. This language is harmful as it overlooks the variety of skills they possess. Even though many people use reductive language, domestic workers have a wide range of skills, including teaching, childcare, basic plumbing, electrical work and gardening.
According to The Migrant Forum in Asia, calling domestic workers ‘maids’ justifies their discrimination and other forms of undignified, inhumane, violent or illegal treatment.
We, at WAO, echo this stance, and call for domestic workers to be recognised as workers – they are not just ‘servants’, ‘maids’ or ‘helpers’.
Abuse of domestic workers
The case illustrated above is not an isolated one. Many domestic workers in Malaysia are subjected to abuse and exploitation (ie being forced to work overtime or even working for no or low pay), as well as having their identity documents (like passports and visas) retained by their employers and agencies.
In 2023, the Indonesian Embassy reported that 90% of its complaints pertain to abuse and exploitation of their domestic workers.
Another recent case that made international headlines was that of Meriance Kabu, who was reported to have been physically abused and exploited by her employers.
These patterns of coercive control and abusive behaviour make it impossible for domestic workers to leave their situation, due to the fear of further violence, financial dependency and a lack of safer alternative options.
Enough is enough
In a 2023 report by the International Labour Organization (ILO) titled Skilled to care, forced to work? Recognizing the skills profiles of migrant domestic workers in ASEAN amid forced labour and exploitation, the Malaysian government was advised to follow certain policy recommendations to safeguard domestic workers’ rights in Malaysia.
The WAO supports these recommendations and implores the Ministry of Human Resources and relevant ministries to take the following action.
- Integrate provisions of Convention 189 into the Employment Act
Convention 189 of the ILO provides standards of fair working conditions and protection of rights for domestic workers.
While Malaysia has ratified other ILO conventions (such as Convention 29 and 105), it has not ratified Convention 189.
By putting this convention into action, we will be able to provide fair working conditions for domestic workers, give them enforceable rights, and recognise domestic employment as an important component of the care economy.
While we appreciate the government’s recent initiatives to extend social security protections, particularly Social Security Organisation (Socso) and the Employees Provident Fund, to domestic workers, we strongly encourage the government to address the gaps in other areas of protection.
This includes ensuring one day off per week and minimum wage guarantees.
Furthermore, we advocate for the freedom of association for domestic workers, which would allow them to organise, form unions, and fortify their defences against exploitation.
- Strengthen enforcement of protections for domestic workers
Despite the existence of some protections for domestic workers in this country, monitoring and enforcement needs to improve. For instance, a study by the WAO-led RE:CARE study found that 40.6% of domestic workers surveyed were afraid to raise concerns or share opinions with their employer.
Further to this, 42.5% of domestic workers agreed that the complaints and issues raised to their employers or agents were not addressed properly.
We call on the government to establish appropriate avenues for identifying abuse, including forced labour, and ensure domestic workers are able to channel their grievances. Regular house inspections and interviews with domestic helpers may be a part of this plan.
- Increase accountability for employers and agencies
There needs to be an increased accountability for employers and agencies.
Additionally, accountability needs to be placed on agencies and employers to ensure they prioritise the safety and wellbeing of their workers.
We also urge the government to ensure that employer and domestic worker agency training is made mandatory.
These trainings should encompass the ethical and legal jurisdictions of domestic workers to ensure they are aware about their rights and personal freedoms.
They should also cover essential topics such as domestic workers’ rights as employees, financial literacy, stress management and information on grievance mechanisms.
At WAO, we reaffirm our commitment to advocating for the rights and wellbeing of survivors and combating all forms of violence against women in Malaysia.
Violence against women and gender-based violence are grave violations of human rights and are barriers to achieving gender equality.
Domestic workers are an integral part of the care economy in Malaysia, and we echo the call made by other migrant workers’ rights groups like Tenaganita to uphold their dignity and to protect the vulnerable. – WAO
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