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Migrant Forum in Asia Input for Un Sr Violence Against MIGRANT FORUM IN ASIA INPUT FOR UN SR VIOLENCE AGAINST WOMEN: MISTREATMENT AND VIOLENCE AGAINST WOMEN DURING REPRODUCTIVE HEALTH CARE WITH A FOCUS ON CHILDBIRTH - MAY 2019 INTRODUCTION Migrant Forum in Asia is a network of grassroot organisations in Asia that work for the protection and promotion of migrant and human rights. Migrant Forum in Asia (MFA) welcomes the decision of the Special Rapporteur on Violence Against Women to produce a joint general comment on mistreatment and violence against women during reproductive health care. MFA looks forward to providing a contribution to the issue relating to the topic in the context of international migration and particularly regarding domestic workers. In this paper, we have compiled inputs of our members and partners on ground realities of reproductive healthcare practices in several countries in Asia including Lebanon, India, Bangladesh, Nepal, Malaysia, Taiwan, Japan, Philippines and Singapore12. As an organisation based on migrant rights, MFA would like to expand the scope of this input on reproductive rights beyond service provision regarding healthcare, as the realities faced by migrant domestic workers are far more complex and begin at the country of origin. The paper would be looking at policies and grassroot level activities at the destination and origin country with a perspective of following throughout the migration process. DISCRIMINATION AT DESTINATION Migrant domestic workers are arguably contracts, living and working conditions the single most disregarded segment of as well as gender-responsive policies workers in national labour laws of are few and far in between. The destination countries within Asia. While increasing value of the care economy there are specific policies to their deems it necessary for domestic recruitment processes and employment workers to be present for long period of 1 The members and partners are: NWWT (India), CMA (Philippines), Unlad Kabayan (Philippines), Our Journey (Malaysia), TWC2 (Singapore), SMJ (Japan), HMISC (Taiwan), Insan (Lebanon), Pourakhi (Nepal), AMKAS (Nepal), BNSK (Bangladesh). time within the living space of the Reproductive health education in a employer and are preferred as live-in It formal programmatic manner is often a becomes problematic for the workers service of civil society organizations, themselves when they are made to live- including trade unions, women’s in with the employers and this has organizations, NGOs. primarily been identified as a major loophole where abuse and exploitation Commonly, access to healthcare occurs. depends on the country of destination but also on the circumstances of the The care economy in response to a pregnancy (within marriage, out of growing ageing population has deemed wedlock, rape, etc.). If the pregnancy domestic workers necessary and while was out of wedlock, it can possibly be their demand had been regulated grounds for detention or a case against through recent efforts at recruitment immorality or adultery in the Middle reform, policy and programme East. Accessibility can also depend on decisions in both countries of one’s legal status in the country of destination and origin have been found destination. Even if the female migrant lacking. In many cases, they have been can pay for the medical expense, willfully ignorant of ground realities of hospitals will refuse to admit them abuse that occurs at the place of work, because they consider the immigration thereby dehumanizing the female status foremost. Migrant women who migrant worker and removing her from find themselves pregnant while in COD accessing her human and labour rights. are often made to return to home country after facing penalties. Returnee Sexual and reproductive health rights female migrants are often preoccupied are usually glossed over in general and with economic and livelihood issues female migrant workers suffer for this. and reproductive healthcare per se is For example, a migrant suffering from considered only if she is pregnant upon dysmenorrhea would prefer not to return. displease the employer and would reconsider approaching medical care Undocumented workers usually avoid due to costly fees and so they opt to access to reproductive health care for endure the pain. fear of arrest/detention. Workers that are caught and detained may either be In most Islamic countries social contact repatriated or give birth while in between male and female who are not detention. Specialized hospital wards married is forbidden and, in some within detention centres exist and civil cases, maybe be considered a crime. In society members recount cases where more open societies there is more women are handcuffed to the hospital social interaction between sexes that bed to prevent them from escaping. often lead to relationships and There are migrant workers who are unwanted pregnancies. Formal/official unaware that babies born abroad must programs and education on be registered with the embassy so there reproductive health in post arrival is still are incidents of children that are non-existent in most CODs. classified as stateless, with no form of because of their fear of the attitudes documentation from the country of and stigma in their own countries about origin and where they were born. such incidents. Both families concerned and the women themselves might Some are forced to bring their children decide that settling the case with in detention centers with them, no monetary compensation to the worker space for children or privacy. If she is and repatriating her is the best way to pregnant and has all her travel proceed. documents she is deported and if she does not have any travel documents Some victims of sexual abuse often she will be made to stay till documents experience further abuse because are prepared. If childbirth has to be access to justice is too expensive for there it is taken care of and mother and them as well as facing possible child remains in the shelter or jail till bias/racial discrimination against the they are deported. victim. In exceptional cases, such as victims of MFA would like to stress that with sexual assault/rape or pregnancies regard to migrant women workers, the unwanted by their male partner, women vital action is of removing the risk from continue with the pregnancy. Those work rather than removing the worker who seek care from NGOs and/or from a risky situation, the onus of which religious institutions are able to access falls upon regulatory and monitoring pre and post-natal care. The mothers bodies of labour migration within the are then repatriated back to COO. country of destination. We observe that sexual and reproductive rights of Migrant women who do report sexual female migrants are disregarded from mistreatment or abuse by employer or the time of pre-departure till post-return, sponsor, are referred to public spanning the entire migration cycle. attorneys to handle the case as it is This is further compounded by religious criminal in nature. While the case in and cultural conservatism and being heard, the women are unable to traditional attitudes around sex get a regular job and would be a great education and female reproductive disadvantage to them. It is also difficult rights. This effectively obstructs women to find employers who would sign from accessing reproductive healthcare contracts with them. However, the due to disease and injury or even more challenge is to prove that such an critical situations of pregnancy and assault has taken place, as domestic sexual assault. Lack of comprehensive workers are usually isolated in their gender-sensitive approaches mean employers’ homes. There are no that while domestic workers have outside witnesses and family members access to measures of justice, their lack often support those accused of sexual of freedom of movement, the fear of offences. legal measures and consequent Moreover, migrant victims in particular, unemployment or repatriation, deter feel hesitant to report sexual abuse them from approaching these routes of deters migrants from pursuing redressal. healthcare. This situation affects Lebanese people but also migrants MFA members and partners continually who are usually confronted with assist cases where the said domestic additional barriers to their access to the worker is suffering from reproductive healthcare system. health issues but without remedy or access to medical treatment. We For migrant women, the Standard observe that the labour system as well Unified Contract, compulsory by law, as local laws and attitudes within forces the employer to contract health destination countries render domestic insurance for the worker - a prerequisite workers incapable of leaving the home for a work permit by the Ministry of of the employer without their Labor. However, generally the permission. We realize that the such insurance policy contracted by the restrictive policies are inherently violent employer only covers work-related to the migrant woman, some of whom injuries and is not accepted by all are inadequately aware of their right to hospitals and private clinics. In most healthcare and associated gender- cases, the worker is entirely dependent based rights. on the good will of her employer to access the healthcare system. It has To ably discuss the differing modes of been observed that regardless of the policies by destination countries, the severity of the domestic worker’s health countries observed for this paper are issues, the employer would prefer only Lebanon, Malaysia, Thailand, Japan giving painkillers
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