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Migrant women workers in , and War on Want is a movement of people committed to global justice.

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Migrant workers have played a central part Many Western companies are also profiting in the economic success story of many from the abuse of migrant women workers South-East Asian countries in recent years. As detailed in this report. High street brands these countries have embraced the ‘outwards such as Adidas, Nike, Reebok and Levi-Strauss turn’ of export orientation, migrant workers sell goods produced in all three countries, have provided a regular source of cheap while low labour costs have made Cambodia labour that has allowed their manufacturing a key source of cheap clothing for stores such industries to compete successfully on world as Gap, Zara, Marks & Spencer and H&M. markets. Women migrants, in particular, have Workers in Malaysia’s booming electronics taken on jobs considered too arduous or industry supply market leaders all over unpleasant by local workers. the world.

Thailand, Cambodia and Malaysia have War on Want believes that women migrant reaped huge economic benefits from the workers in South-East , like all workers, contribution made by migrant workers. have the right to a living wage and decent In Cambodia, almost 90% of garment working conditions. It is wrong for countries factory workers are young women who such as Thailand, Cambodia and Malaysia to have migrated from rural areas of the country. rely on the labour of such workers for their Migration from neighbouring countries has economic success and yet refuse to grant provided an essential source of cheap labour them even the most basic security in their to the thriving export industries of Thailand lives. It is equally unacceptable for Western and Malaysia. Despite their contribution, companies to profit from the violation these same countries have refused to grant of migrant workers’ rights in their supply migrant workers the rights and security that chains. All readers are encouraged to take are their due. the actions listed at the end of this report in order to secure justice for women migrant This report presents the results of new workers in South-East Asia, and around research into the lives and conditions the world. facing migrant women workers in Thailand, Cambodia and Malaysia. In particular, it presents the findings of a series of in-depth interviews with migrant women workers – many of them still teenagers – conducted in each country. The interviews reveal a common tale of precarious lives in the John Hilary face of state oppression and exploitation Director at the hands of unscrupulous employers. War on Want Executive summary 02

In an effort to become globally competitive, economic survival strategy, but within the Thailand, Cambodia and Malaysia have Burmese migrant population there are also focused on developing export-oriented refugees who have fled political oppression manufacturing industries that rely heavily and persecution in Burma. on cheap, often migrant labour. Governments in each country have created policies that All workers have invested a great deal favour these industries and have concentrated to migrate to the factories. Leaving their the industries in areas set apart from and friends, often borrowing money mainstream society, thus making it difficult or selling some of their possessions to make for workers to get protection or support the journey and find work, being sent off with when they try to exercise their rights great expectations of the village, they cannot against exploitation. return home empty handed. Fighting for their rights is thus a huge challenge, risking In Cambodia, young rural women have loss of job, livelihood and reputation, and migrated to work in these areas, while in possible danger or legal retribution for Malaysia and Thailand it is migrants from inability to pay back debts. nearby countries who have travelled to work

Migrant women workers in Thailand, Cambodia and Malaysia there. Although such migration is imperative Employers and businesses know this, to sustain the economic development of the and exploit the fragility of the workers’ countries, this mobility is not encouraged or lives without fear of legal consequence. facilitated. In the case of Thailand and Governments are also aware of the workers’ Malaysia, existing migration policies are vulnerabilities, but have failed to provide any enacted to limit the number of people extra protection. Indeed, in most cases it Restricted Rights entering the country and keep the status appears that they have failed to ensure of migrants temporary. even the normal scope of protection and enforcement of labour laws. The workers Consequently an underground system face a plethora of restrictions which has developed to assist the workers, with constrain their ability to exercise their rights. brokers organising transport, finding jobs for Legal restrictions, as in Thailand, or social workers and organising systems for sending restrictions caused by the temporary and remittances home. While the system is mostly insecure nature of their contracts prevent efficient and businesslike, it does provide migrant workers from forming trade unions, opportunities for businesspeople to put thus denying them a crucial channel to fight workers in dangerous situations purely for for better conditions. Migrants are also their own profit. Once in the employment restricted in building a legal identity in their sector, workers are given little to no job destination location, including restrictions on security. Migrants live in a temporary and obtaining driving licences, moving around the precarious state – which is beneficial to the country, organising events or large gatherings employers, who can hire and fire according and opening bank accounts. to demand, but which is detrimental to a worker’s life, livelihood and future. War on Want’s research has found that the garment and textile industry in Cambodia, This report focuses on women who have Malaysia and Thailand and the electronics migrated to Thailand and Malaysia, and within industry in Malaysia are in many cases Cambodia, to find work in the garment and dangerously negligent about enforcing legal electronics manufacturing industries. The standards of wages and working conditions majority of women have migrated as an for migrant women workers. It found that 03

workers had no employment contracts or, expenditure on basics such as food. Yet these where they did, these were illegal contracts. remittances are barely sufficient to support Workers regularly worked 10- days their families’ basic needs, and the families’ without overtime pay; faced harassment, socioeconomic status remains unchanged. unsafe working and living conditions; and in return received wages far below Neoliberal economic policies coupled the minimum needed to survive. They with the lack of enforcement of labour were prevented from organising, taking laws hide the human and social cost for sick leave, going outside their factory millions of women who travel across grounds or becoming pregnant. They countries, borders and continents in search could be fined for taking a day off, arriving of decent work and secure livelihoods to late, going to the or other minor support themselves and their families. War so-called transgressions. on Want believes that these women, like all workers, have the right to a living wage and Despite the extremely low wages, many decent working conditions. We urge all workers still aim to save money and send readers of this report to join us in the remittances home, often by minimising their fight to make these rights a reality. Photo: © Moritz Siebert Migration in South-East Asia 04

Migration is a major employment held some form of documentation. Around strategy in South-East Asia, whether it 50% of the migrants are women. In Thailand, be part of governments’ development women migrant workers are employed in and economic plans or the livelihood various sectors including agriculture, plans of individuals. The major source horticulture, sex work, manufacturing, countries include the , construction, seafood processing and , Burma,1 and domestic work. Cambodia. Migrants from these countries migrate to other countries In neighbouring Malaysia there are 1.8 in South-East Asia, in particular to million registered migrant workers, and Malaysia and Thailand, and to the anything between one million and 2.5 million , Europe and America. undocumented workers in addition to those registered. Documented and undocumented For the past three decades, people from migrants work in similar sectors, including Burma, Cambodia and ’s manufacturing, construction, oil palm and Democratic (Lao PDR) have rubber plantations, domestic work, services Migrant women workers in Thailand, Cambodia and Malaysia decided to escape poverty and political and agriculture. Documented migrants conflict in their countries to cross the come mostly from Indonesia, , border into Thailand. They left their countries , Burma, , Vietnam, Cambodia without any documents, living and working and the Philippines. in Thailand similarly without documents. The Restricted Rights Thai government responded by providing a Both Thailand and Malaysia receive migrants leave of stay for one year to migrants who from Cambodia, although most of the registered with the local authorities, but this estimated 200,000 Cambodian workers in provides only a semi-legal status. Migrants are Thailand migrated without documents and still considered to have entered the country are now in the process of being documented illegally and to have been granted permission through the nationality verification process. to stay for one year while awaiting The largest migration flows for Cambodia, deportation. The first such registration was in however, are internal. As of 2009, there were 1992 and the latest took place in June 2011. 2.5 million internal migrants in Cambodia, many of whom are young women from rural In 2003, in an attempt to regularise the areas working in manual, low paid positions. status of migrants in Thailand, memoranda Close to 90% of the garment factory workers of understanding were signed with Burma, in Cambodia are young women who migrated Cambodia and Lao PDR. Through this system, from rural areas. migrants would either come directly from their country of origin with documents or The patterns of migration in South-East Asia they would go through a system of verifying reflect the state of the political, social and their nationalities and having the country of economic development of the individual origin issue them with temporary passports. countries. A comparison of per capita (GDP) levels across the Since 2004, around 1.2 million out of an region provides an immediate sense of the estimated total of 2.5 million migrants have uneven development between these 05

countries: Malaysia $6,967, Thailand $3,894, they depend on nor do they reduce poverty. Lao PDR $884, Cambodia $729 and Burma Rather, in these border economic zones $380. The latter three states are listed by or industrial zones, lower skilled migrant the among the world’s least workers face strict regulations on their developed countries. movements, limited social infrastructure and a lack of documentation for either The Association of South-East Asian Nations migrating or working. (ASEAN) – composed of Indonesia, Malaysia, Thailand, the Philippines, , , The three countries presented in this Burma, Cambodia, Lao PDR and Vietnam – report have experienced economic exists to facilitate the of migration, forced migration, rural-urban the region and its ability to compete with migration and cross-border migration. economic heavyweights such as the European Specifically, rapid economic growth in Thailand Union, the USA and . Over the past and Malaysia, fuelled by the increase in FDI, two decades, ASEAN has worked to increase has created labour shortages for export economic cooperation and eliminate barriers industries, in which conditions are such that to trade among its members and to attract local workers refuse to work in them. This more foreign direct investment (FDI) into labour shortage has been largely filled by the region. Additionally, ASEAN has migrant workers, who are highly vulnerable to negotiated free trade agreements with exploitation and discrimination. As Cambodia countries such as China, , , becomes increasingly cash-based, people are India, and . finding it ever more difficult to survive on their traditional agricultural livelihoods, so In pursuit of this strategy of attracting FDI as they are moving to to find work in a primary source of capital, ASEAN member the industrialised zones. states have provided preferential tariffs to foreign investors and established special As the governments in these three countries economic zones (SEZs), often in border areas. seek to become more competitive, market Not all economic zones are formalised, but needs rather than existing labour laws are the availability of cheap labour from determining the employment conditions neighbouring countries makes them attractive for migrant workers. Wages are therefore to investors in labour-intensive industries. extremely low, employment is on a short- Thailand and Cambodia have also been part term basis, and rights are severely limited. of the Greater Subregion (GMS) It is especially difficult for migrant workers economic programme initiated by the Asian to challenge labour rights violations Development Bank since 1992, which brought through the courts due to their precarious together the six GMS countries to enhance immigration status. Many employers simply economic relations through the coordinated dismiss migrant workers if they complain, development of infrastructure. and loss of employment immediately leaves migrants subject to deportation. Migrant These policies may increase the economic workers are thus among the most vulnerable growth of countries, but they neither help group of workers whom employers believe the lower skilled workers whose labour they can freely exploit. Thailand Exploited & excluded 06

There are an estimated 2.5 million employing more than one million people migrant workers living and working and bringing in over $7 billion annually in Thailand.2 The majority are from through exports.3 Thailand exports 38% Burma but migrant workers also come of its textiles and garments to the USA, from Cambodia and Lao PDR. Around 30% to the European Union, 7% to ASEAN 50% of all migrants are women. Migrant countries, 6% to Japan and the remaining women workers are employed in textile 19% to Africa and the Middle East.4 Well and garment factories, domestic work, known brands sourcing garments from construction, entertainment and Thailand include Adidas, Reebok, Nike, service industries, rubber plantations Levi Strauss, Timberland and Benetton.5 and fruit orchards as well the fishing Thailand’s expanding garment sector is industry, sorting fish on the port or in constantly seeking sources of cheap labour. seafood processing factories. 2.1 Women’s experiences High economic growth from the late Interviews were conducted with 22 migrant 1980s onwards, focused around an export- women from Burma working in Thai garment Migrant women workers in Thailand, Cambodia and Malaysia oriented market in manufacturing and factories. The youngest women workers agricultural products, facilitated a demand interviewed for this report were 17 years for cheap labour and led to large numbers old and the oldest in their 40s. The majority of workers migrating to Thailand from (12 out of 22) were 17 or 18 years old. neighbouring countries. Due to the political Restricted Rights situation in their home countries, almost All of the women interviewed stated that all migrants crossed into Thailand without they migrated due to the economic situation any documentation. Since 1992, the Thai and lack of employment opportunities in government has responded to the influx Burma, but in some cases treatment at of undocumented migrants by allowing home also played a part in their decision those already working in the country to to migrate. In the words of one of the register to work for one year at a time, women, who moved from Rangoon in while awaiting deportation. Burma to Mae Sot in Thailand:

In 2003, Thailand signed memoranda Women used to be the homemakers and of understanding with these countries of men the breadwinners, but now both need to origin (Burma, Cambodia and Lao PDR) work in order to keep the together without to regularise migration into Thailand. As the debt. I got divorced from my husband. I had two migrant workers were already in Thailand, little children and my husband’s family didn’t let it was agreed that the countries of origin me see my children. For that reason, I was would send officials to Thailand to verify their depressed and left home. nationality and issue temporary passports. The process has been slow, expensive and For many, the decision to move to Thailand open to . By March 2011, out of comes from information received from the estimated total of 2.5 million migrant families and friends who have migrated and workers in Thailand, the nationality of fewer sent back messages about the ease of than 400,000 had been verified. getting work and the comparatively good wages. Many garment factories in Thailand Textile and clothing manufacturing continues are located along the Thai-Burma border in to be one of Thailand’s largest industries, mountainous areas that are impractical for Women workers at rally, Chiang Mai, Thailand

07 Photo: © MAP Foundation

transporting the goods to the nearest ports. The women working in garment factories However, this inconvenience is outweighed by in Mae Sot received only 69 baht a day the constant supply of migrant workers from (£1.40) for a 10 or 11 hour working day. Burma – the largest source of migrant labour Yet the legal minimum wage in Mae Sot at the in Thailand, which employers freely exploit. time of the interviews was 153 baht (£3.10) a day.6 In one factory where the workers Thailand’s Labour Protection Act (1998) were employed to do piece work they were regulates working conditions and limits a paid 20 baht (40p) for 100 pieces. Overtime working day to eight , or 48 hours a was paid at 15 baht (30p) for two hours’ week. After eight hours, overtime should work, or for those who were experienced, be paid at the rate of 1.5 times the normal 11 baht (22p) per hour. So in busy times with wage. However, in reality this is far from the overtime, the workers said that they may case. In Mae Sot, on the Thai-Burma border, get 100 baht per day (roughly £2.00), still the women interviewed averaged 11 working far below the minimum wage. In addition, hours a day with an unpaid hour off both at according to the women interviewed, wages lunch and at dinner. Some factories gave an are rarely paid on time. unpaid day off every Sunday; some only twice a month. Overtime payment only starts after When the workers produced for Western these 11 hours, and overtime is mandatory, brands, there were strict limits on working not optional, according to the migrant hours: a normal eight hour day and no more workers themselves. than four hours’ overtime. However, 08

as a result the workers were under heavy personal documents is commonplace in these pressure to produce more garments. factories, despite being illegal in Thailand. According to one garment factory worker in : The lack of a comprehensive migration and labour policy provides numerous If we normally produce 80 pieces of clothing opportunities for ‘brokers’ to intervene in an hour, they pushed us to do 100 pieces. and in some cases exploit migrant workers. That means we have to work more intensely Migrants use brokers to travel and to find and quickly but don’t get more [paid] hours. jobs because the government does not provide a job placement service and there Only workers in factories producing for are no regulated private agencies for migrants Western brand names earned the legal searching for work. Migrants who need to minimum wage. The women told us that if change provinces to look for work must they managed to meet the higher quota they use a broker to get past police checkpoints could earn 207 baht per day (£4.19) and along the way. 38 baht per hour for overtime (£0.77). Migrant women workers in Thailand, Cambodia and Malaysia Therefore, they received a salary of around There are numerous opportunities 10,000 baht (£202.54) per month for working for brokers and employers to cheat, 12 hours a day (including overtime every abuse and coerce migrant workers. day) with one day off a week. When taking Those migrants who file complaints an extra day off work, with or without against exploitative employers are Restricted Rights permission, they are fined. When asked if usually dismissed immediately; they then they are given sick leave, the workers said have only seven days to find a new employer, that they could take an unpaid day off if which forces them to turn to brokers again. they were sick “without being fined”. If they do not find a new employer, they lose any legal status they might have Employment contracts are often non-existent and are liable to deportation before for migrant women workers in Thailand’s they can complete the case. garment industry. Women workers producing goods for Western brands had signed 2.2 Living conditions contracts, but they were not given a copy About half the workers interviewed for this of their contracts, nor were they informed report lived in dormitories in the factory of the company’s code of conduct. Women grounds. In one factory, women workers working for non-Western brands had no said that all the workers lived in one hall, a employment contract or regulation of their common experience for migrant workers working conditions. in factories. Conditions in these dormitories are often crowded and unsanitary, with the Those migrants who have documentation are management doing little to improve things. required to carry them at all times to prove Ironically, however, the poor conditions in their immigration status. Yet almost all the this shared living space can offer a sense women interviewed said their employer kept of security from harassment. One woman their documents. Interviewees said that the working and living in a small jeans factory police did not accept a copy as proof said: “I feel safe from the police since no of status and forced them to pay a 100 baht one ever comes near our building as it is (£2) fine in such cases. Confiscation of so smelly and ruined.” 09

Workers who live in dormitories in the All Thais can access free health care through factory grounds are subject to a range of the National Health Service, but those who unexplained deductions from their wages. are working in the formal sector are They sometimes receive dockets with a increasingly contributing to the Social handwritten figure apparently meant to signify Security System, which provides a more a bill for electricity, food or rent. Most of the comprehensive social safety net, including workers interviewed did not understand any maternity, unemployment and disability breakdowns of their pay. benefits and pensions. Only the 400,000 migrants who have had their nationality For workers living outside the factory verified and been issued temporary passports complex, conditions were better. One can join the Social Security System, which woman said that workers living in apartments requires the employer, employee and near the factory paid 1,500 baht (roughly government to each contribute 3% of the £30) a month in rent. She had her own room salary earned to the Social Security fund. with a bathroom, and was happy living alone. However, it is currently unclear which However, the majority of workers living benefits migrants will be entitled to. Only offsite share a room and any associated costs one of the women interviewed had any to save money, with each paying 300 baht idea what the Social Security System was. (just over £6) a month. One woman shared a single room with eight other people. In Migrants without temporary passports her words, the room was “big enough to have to pay for their own health care. At a put eight mats in. We use curtains to separate government hospital the costs for general our spaces.” health care are affordable, but the cost of ongoing treatment or surgery is far beyond Overall, the migrant women live in isolated the means of migrant workers. In addition, migrant communities. Only one of the in some areas of Thailand – especially women interviewed said she had Thai friends, Bangkok – undocumented migrants are and even then only in the workplace. Only reluctant to go to government hospitals one or two could communicate effectively in for fear of being arrested.7 Thai. Their opportunities to meet and mingle with Thai mainstream society are very limited Regardless of their immigration status, due to the excessive working hours and according to the 2007 Constitution of restrictions on their mobility. Thailand migrants are entitled to to justice and are equally protected 2.3 Access to services by the Labour Protection Act 1998. Migrant workers who register for the Nevertheless, migrants face many practical semi-legal status described above pay obstacles in accessing justice. The Labour an annual fee of 1,300 baht (£26) to have Protection Act excludes all domestic and access to the National Health Service. agricultural workers through specific This covers between 600,000 and 1.2 ministerial regulations, and thus excludes a million migrant workers at any given large number of migrant workers. Migrant time. However, the women interviewed workers also have to prove that they have for this report cited limitations on their a formal employment relationship with their access due to factors such as a shortage employer in order to be able to utilise the of interpreters at hospitals. protections in the Act. This can be a challenge Restricted Rights Migrant women workers in Thailand, Cambodia and Malaysia 10

visited promptly by immigrationauthorities Undocumented migrantsare generally find work. cannot continue withthecaseunlessthey As alegalcasecantake many years, amigrant by theFederation of Trade Industries. blacklisted from allthefactoriesin against anemployer have reportedbeing dismissal. Migrantstakinganofficialcomplaint harassment from theemployer, including are normally subjectedtothreats and Labour Protection and Welfare Office Migrants whofilecomplaintsatthe sub-contracted orders. or for garmentworkers thatuses inafactory claim thatthey are notemployed for wages, for pieceworkers, whoseemployer may Photo: © Nels Nelson Nels © Photo: Migrant worker housing above garment factory, Meoi River, Thailand River, Meoi factory, garment above housing worker Migrant travel andcontactwiththeunions. Most due tolanguagebarriers, restrictions on difficult for migrants tobeactive members reaching outtomigrantworkers, itisstill unions. Although some Thai unions are excluding migrantsfrom settinguptheirown members ofunionstobe Thai nationals, thus Act (1975)requires allexecutive committee work hadatradeunion. The LabourRelations the women interviewed for thisreport Additionally, notoneofthefactorieswhere biased towards theemployer. bureaucratic hurdles andasystemthatis obstacles andtake acaseforward, they face migrants domanagetoovercome these closure totheirchancefor justice. When deported, thus bringinganeatbutunjust after filingacomplaintandsummarily 11

Thai unions are based in Bangkok and there workers and Thai trade unions, consultations are no branches in the areas where migrants between Burmese migrant workers in work – which, like Mae Sot, are often Thailand and in Malaysia, and consultations exclusively operated by migrant workers. with regional trade union leaders, including Only the factory that produced for Western from Cambodia. Organisations also provide brands had a workers’ representative, paralegal and legal to pursue complaints which provided limited ability to negotiate of exploitation against employers, as with employers. well as running resource centres, drop-in centres, income generating activities 2.4 Grassroots responses and emergency shelters. The following grassroots organisations were interviewed for this report: Social Action Several organisations also carried out Women (SAW), the Burmese Women’s Union empowerment and advocacy activities (BWU), Burmese Lawyers’ Council (BLC), with an emphasis on establishing MAP Foundation and Yaung Chi Oo Workers’ alliances for self-reliance. The MAP Association (YCO). The President of the Thai Foundation, for example, supported Labour Solidarity Committee (TLSC), a the development of a migrant workers’ committee of trade unions, federations of association in Chiang Mai, the Workers unions and NGOs, was also interviewed. Solidarity’ Association (WSA). It is committed to building more such All five of the grassroots organisations associations in different areas and exploring interviewed try to facilitate migrants’ access the possibility of expanding the coverage to justice. They conduct training on workers’ of the WSA. The TLSC has a sub-committee rights, laws, policies and women’s rights, and on migrant workers, and provides a channel assist migrants’ efforts at building self-reliance for migrants to connect with Thai unions and empowerment to fight for their own and to conduct advocacy directly with the rights. They provide channels for migrants Thai government. to contact potential partners in their actions such as local trade unions, support Grassroots organisations call on approaching the Thai government directly consumers of clothes made by and strategise with workers taking employers migrant women workers in Thailand’s to court. Since legal cases can take years garment factories to acknowledge to settle, organisations such as the MAP the poor working conditions in those Foundation and Yaung Chi Oo Workers’ factories and make demands on Association support migrants throughout producers to improve the workers’ the duration of their legal battles. situation. They say there is a need for a unified voice to call for an end to Other types of services provided by these exploitation of migrant workers and organisations include: monthly forums for for the working conditions of those workers workers to share their experiences and to be raised to internationally recognised strategies, workers’ exchanges, legal rights standards, with safe, healthy conditions training, cooperation between migrant and a living wage. Cambodia Migration within 12

The migrant workforce in Cambodia countries and to address the country’s is predominantly made up of internal 10% unemployment rate. FDI in Cambodia migrants who have travelled from the reached a peak of $867 million in 2007, countryside to the cities in search of before declining thereafter as a result of the work. As of 2009, there were 2.5 million global economic crisis. It is forecast to reach internal migrants in Cambodia, most of around $800 million again in 2011. Despite whom are young women.8 its growth throughout the 1990s and 2000s, Cambodia’s FDI stock remains one of the Migrant workers work in manual, low paid lowest in the region.10 positions in garment factories, or in informal sectors such as domestic work and the The garment and textile industry was entertainment industry. Garments and the sector that benefited most from textiles play a crucial role as the main formal increased FDI, and garment exports employer of young single women from rural were developed almost entirely by foreign areas, where paid jobs are rare and poverty investment.11 This growth in FDI was in is widespread. Close to 90% of the garment turn encouraged by investment incentives Migrant women workers in Thailand, Cambodia and Malaysia factory workers in Cambodia are young such as tax exemptions provided by the women migrants from rural areas.9 government, and the creation of export processing zones – as well as Cambodia’s Years of turmoil and oppression under the young and cheap labour force. The number Rouge in the and a civil war of factories in operation in Restricted Rights that lasted until the early 1990s destroyed alone increased from 129 in 1998 to 351 most physical, social and human capital in in 2008. Garments and textile products Cambodia. However, since UN-sponsored were worth around $2 billion to the elections in 1993, Cambodia has been on Cambodian economy in 2009, and the path to economic reconstruction. The accounted for 16% of GDP.12 government normalised its trade relations with Western countries in order to Today the industry is the predominant reintegrate its economy both regionally and export earner in Cambodia, with garment globally after 10 years of isolation. Cambodia products accounting for around 90% of the has participated since 1992 in the Greater country’s exports. All garment and textile Mekong Subregion economic cooperation products made in Cambodia are exported, programme initiated by the Asian of which in recent years the Development Bank. Cambodia also joined accounted for 67%, the European Union ASEAN in 1999, and became a full member 22% and 6%. of the World Trade Organisation in 2004. Many major Western brands have sourced In just a decade between 1996 and 2007, their products from Cambodia – according Cambodian GDP grew approximately 2.5 to one official USAID report, around a third times, with GDP growth peaking at 13% in of all Cambodia’s garment exports in 2005 2005. The government’s macroeconomic were manufactured for Gap.13 Other well policy was redesigned in the 1990s to known brands sourcing from Cambodia attract more foreign direct investment (FDI) include Adidas, Puma, Reebok, Nike, Marks in order to make Cambodia’s export sector & Spencer, Levi Strauss, Timberland, Benetton, more competitive against neighbouring Zara and H&M.14 Garment factory, Cambodia

13 Photo: © Andre van der Stouwe

3.1 Women’s experiences worker like other in the village, in order Interviews were conducted with 30 migrant to earn money to pay off my family debt. women working in garment factories. The women workers interviewed were aged Some women interviewed said that between 19 and 40, although the majority their families asked them to drop out (18 out of 30) were 19-25 years old. of school and migrate to Phnom Penh to seek a job to support their family and Over 90% of the women interviewed stated help their younger brothers continue that they had migrated due to their economic studying. Cambodian families traditionally circumstances, citing reasons such as lack of prioritise education for sons over daughters income, debts and loss of cultivable land due because they believe men are more likely to by the rich or as a result of to find better paying jobs as adults than debts which forced them to sell their land. women. When migrating to the cities, most Many interviewees also added that, as a workers found jobs through friends, family daughter, they have an obligation to repay or recruitment agencies. their parents by earning money to support their families. As one young woman from Over 80% of the women interviewed said: stated that they had a written contract. Only one migrant, who worked for a small, I first migrated to Phnom Penh when I was 15, to sub-contracted factory, said that she did not work as a domestic worker. I worked in a have any written contract. However, most for two years but as the working conditions were workers who had a written contract had really hard and it was a really low paid job, I minimal understanding of the contract, decided to leave and returned home. After staying including their wages, and often no at home for a few months, my mum asked me to awareness of other rights and benefits go to Phnom Penh and seek a job as a garment they are entitled to. 14

All those interviewed said that they were on they did not know what to expect from the short-term contracts of between three and calculation of their salary each month, which six months, which is now common practice. was prepared by their employer and According to Ath Thum, President of the supervisors. Coalition of Cambodian Apparel Workers’ Democratic Union, 60% of Cambodia’s 3.2 Living conditions 400 garment factories utilise short-term Over 90% of the women interviewed said contracts.15 The casualisation of the that they share small rented rooms close to workforce over recent years enables their factory with four to five other people, in employers to hire and fire more easily, order to save money. Most women have to and provides fewer benefits to workers. spend around $5-10 for their rent, electricity For example, workers who have worked and water every month. Half of them for less than a year are not entitled to reported that it was difficult for them to get maternity benefits. to the factory during the rainy season because the areas around their rented rooms All the women interviewed for this report were so muddy. All of them said that they eat Migrant women workers in Thailand, Cambodia and Malaysia stated that their normal hours consist of less food to save money. They pay $1 for food eight working hours a day, six days per week, per day, usually at an unhygienic roadside food with additional hours considered as overtime. stall. As one 29-year-old woman migrant Most women reported that their factories worker from said: have a peak season during which overtime Restricted Rights becomes compulsory, requiring additional I live with four other friends who come from the work of between two and four hours per day. same village as me. We spend $20 for rent and Over half said that they technically have the around $10 for water and electricity supplies. It is right to refuse overtime hours, but that in really crowded for us in the small room, but we practice they could not refuse because they have no choice: we have to live together in order were afraid of dismissal from their work. to save money. We spend around $0.50-1 a day Other women reported that they have on food. We eat together every day. Our food is experienced threats of dismissal and not good enough for our health but we do not intimidation from their employers for not know how to improve it. My family at home needs working overtime. me to send money to pay for their daily needs because they do not have any livelihood other All of the women interviewed said that they than cultivation. could earn more money during the peak season than during the low season. While the Migrants must be extremely frugal to survive minimum monthly wage for footwear and on such low food budgets. In addition, those garment factory workers approved by the who need to travel to the factory compound Labour Advisory Group in 2010 was $61, have to spend around $5-10 per month on workers are able to earn around $80-90 transport. Despite all the expenses, all the during the peak season with two hours or women interviewed said they try to send more of overtime every day. However, they remittances home, ranging from $20 to have to work long hours and eat less, with $30 per month. Over half of the women little time to rest. Over 90% of the women interviewed stated that the minimum wage interviewed said that their factory paid is not enough to support their basic food, salaries on a monthly basis, but one woman accommodation, water, electricity and had a piece work arrangement. All said that medical expenses. Workers pushed by guard outside a garment factory, Cambodia

15 Photo: Fernando Moleres/Panos

BEATEN BACK TO WORK riot police used electric shock batons to beat women workers and tear gas to On 27 July 2010, more than 3,000 force all the workers back to the factory. workers at the PCCS Garments factory Many women workers were injured in the in Phnom Penh went on strike in reaction clashes, and all were forced to return to to the suspension of their factory’s union the factory without any response to their representative due to a dispute over sick demands. This case highlights the difficulty leave. PCCS Garments is owned by a of implementing workers’ rights in Malaysian company and produces goods for Cambodia, especially the right to freedom international clothes stores such as Gap and of association, which is protected under Benetton, as well as leading sportswear the constitution and the Cambodian brands Adidas and Puma. More than 300 labour code.

3.3 Access to services facilitating disputes. However, none of the While many foreign buyers (brands) have women interviewed for this report knew codes of conduct that relate to the treatment who the workers’ representatives were of workers in their supply chains, it is often in her factory. Some of them said workers’ only the management of the supplier factories representatives were selected by the who know about such codes. None of the employer and thus would not represent women interviewed for this report were workers’ interests anyway. aware of codes of conduct relating to their work. Most of the workers were also unsure Over 90% of the women interviewed stated which brands they were producing for, making that there were trade unions in their factory. it nearly impossible for workers to find out Over half said that there were multiple trade which (if any) code of conduct may actually unions in their factory, including government- apply to them. run unions, employer-guided unions and worker-led unions, and that they were not According to Cambodian law, all factories are sure which trade union they belonged to. required to have workers’ representatives, Over half said that the unions were active, elected by workers, who are in charge of including in helping workers negotiate with 16

the factory owner about overtime hours or workers. They often conduct paralegal unfair dismissal. Two women said they felt that training on labour rights or healthcare, and employers and supervisors discriminated provide legal support when cases are taken against trade union members; when they did to court or to the Arbitration Council in something wrong, trade union members were Cambodia. However, such legal support is more likely to be dismissed or disciplined limited due to financial constraints. than non-union workers. Two organisations were interviewed for this All the women interviewed for this report research: the Community Legal Education stated that when they demand better Centre (CLEC), an NGO providing legal working conditions or protest against unfair training on labour rights to trade union dismissals, they do so through the union members and other workers, and the representatives. If they strike, all the women Coalition of Cambodian Apparel Workers’ said that their factory owners rarely agreed Democratic Union (CCAWDU), a to their demands, and that their employers confederation of trade unions with members used the court system or police to force in garment factories. Both organisations Migrant women workers in Thailand, Cambodia and Malaysia them back to work. see their main challenge as the lack of accountability and political will of the All of the women interviewed for this report government in responding to workers’ rights said that they could take sick leave. However, violations. The government often cracks down little more than half of them were able to get on workers’ strikes by saying that strikes are Restricted Rights paid sick leave – and then only by showing a illegal, and employers often threaten workers medical certificate issued by a recognised with legal action. clinic or hospital in Cambodia, which is expensive to obtain. If they fail to present this Trade union members and labour activists certificate, the employer deducts the sick also face regular intimidation and threats. leave from their salary. They also have trouble In addition, the government often refuses getting recognised sick leave when they have to recognise or listen to civil society groups minor illnesses such as headaches that only and trade unions, so participation from require a short recovery stay at home instead workers is limited. While workers do have the of a hospital visit. right to join a trade union, lack of solidarity among the unions makes it difficult to create 3.4 Grassroots responses unified demands. Trade unions play a key role in protecting and promoting the rights of workers in the Activists in Cambodia are campaigning garment and textile industry. The industry for longer term contracts with increased has a large number of in-house trade unions, benefits for workers, as well as an increase operating within various federations of in the minimum wage to at least $93. They industrial trade unions and usually with work not only at local and national levels political alignments. Trade unions in Cambodia but also with the international community, can be generally categorised into three types: with union members, trade unions aligned with the ruling party, labour activists and consumers in order those aligned with the opposition party and to put pressure on governments, those not aligned with any political group. international buyers and suppliers to While there are a number of NGOs, only a respect the labour rights of women few work specifically for the rights of garment workers in Cambodia. Malaysia Outsourced labour 17

Over 2.3 million migrant workers similar to those of local workers, including registered under the Malaysian comparable wages, benefits, a written government’s official registration contract and satisfactory food and programme in 2011. However, accommodation. However, migrant workers there are known to be many more have regularly been denied decent wages and who chose not to register under the proper treatment for the past two decades. scheme.16 Most migrant workers in Malaysia come from other South-East In order to promote economic growth, the Asian and South Asian countries, with Malaysian government encouraged foreign roughly half of the total from Indonesia investment in electronics and manufacturing and others from Bangladesh, Nepal, by developing more than 200 industrial Burma, India, Vietnam, Cambodia and estates and 18 free industrial zones (FIZs) the Philippines. Close to 40% of all that are fully equipped with facilities, roads documented migrants work in and utilities such as water and manufacturing, with a further 20% in telecommunications services to cater to the construction industry.17 Around private export-oriented businesses. 300,000 workers are employed in Companies in FIZs are granted duty-free Malaysia’s electronics industry, of whom imports of materials, equipment and 70-80% are women.18 The textiles and component parts necessary for their garment industry employs more than manufacturing processes. 68,000 workers.19 Government policies are designed to keep Since the 1980s, Malaysia’s economy workers’ status temporary by restricting their has been driven largely by export-oriented family life and making them highly dependent manufacturing sectors. There is a huge on their employers. For example, unskilled or demand for migrant workers in these semi-skilled migrant workers are prohibited industries because Malaysia’s population from marrying local Malaysians; have no path growth is slow and native workers have to permanent residency or citizenship; are moved into safer, more desirable work. subjected to mandatory health checks and Documented migrant workers alone make up deported if their tests are positive for 20% of the labour force in Malaysia, but taking HIV/AIDS, tuberculosis or pregnancy; are into account the number of undocumented subject to street arrests and raids of their migrant workers, the true figure is known to homes by the police and a national volunteer be much higher. immigration control force, then are detained and whipped in immigration ‘depots’ under an The country’s competitiveness relies on official deterrence policy; are fired if they file migrant workers’ cheap labour, and the a complaint against employers or are known government has therefore allowed to be active in labour organising; and are employment of migrant workers since the subject to deportation if fired.20 1990s. The 1991 Policy on Recruitment of Foreign Workers stipulated that migrant Companies which employ fewer than 50 workers should have working arrangements foreigners are required to hire them through Migrant workers coming home from work, Penang, Malaysia

18 Photo: Moritz Siebert Migrant women workers in Thailand, Cambodia and Malaysia Restricted Rights

‘contractors of labour’, which removes the under which a worker cannot be dismissed employment relationship between workers for union activity. and their principal workplace. Instituted in August 2006, this policy resulted in the Despite protests from workers, trade unions creation of 277 labour outsourcing and civil society organisations, the Malaysian companies within just two years. This has government speedily passed its Employment created significant problems for migrant (Amendment) Bill 2011 through the House workers: since they are legally employed by of Representatives at the end of 2011. the labour outsourcing company rather than The Bill sought, in effect, to consider labour the factory where they work, they have no suppliers as employers of workers. The right to enter into negotiations regarding proposed changes to the Employment Act workers’ rights and conditions in the would be most detrimental to workers’ workplace.21 rights, trade unions and the existing two- party employment relationship between Moreover, many contracts explicitly prohibit worker and end user (the principal). migrant workers from joining a trade union or any form of association. This is in direct Electronics has become Malaysia’s most violation of three laws: the Trade Unions Act successful manufacturing sector, contributing 1959, which states that a foreign worker can around 60% of total manufactured exports become a member of a trade union; the and accounting for 8% of the country’s GDP. Employment Act 1955, which states that a The majority of electronics export factories contract of employment shall not contain a are owned by foreign companies. Major clause prohibiting a worker from joining a companies investing in this sector in recent union; and the Industrial Relations Act 1967, years include (from the USA) Dell, Western 19

Digital, Intel, Motorola, Seagate, Texas leave. In busy months they work without Instruments, Freescale Semiconductor, Agilent any days off, and most workers cannot Technologies, AMD, Linear Semiconductor; refuse to work overtime. As noted by a (from other Asian countries) Fujitsu, Sony, Burmese woman worker from a garment BenQ, NEC, Panasonic, Hitachi, Toshiba, Sanyo, factory in Selangor: Alps, Brother, Canon, JVC, Konica-Minolta, Rohm, Samsung, Nichia, Funai, TDK, Sharp, My employer always said they don’t have enough Mitsubuishi, Fuji Electric; (and from Europe) workers but we already work so hard we cannot Bosch, Infineon, Osram, Siemens, Alcatel, do anything more. Last month, 18 Indonesian Philips, STMicrolectronics and Marconi.22 women workers ran away from our factory. Well known brands sourcing garments from Malaysia include Adidas, Nike, Reebok, Gap Most women said they work under great and Levi Strauss.23 pressure and found their working environment stressful. Another woman 4.1 Women’s experiences worker from an electronics factory – this Interviews were conducted for this report time in Butterworth, Penang – said: with 30 migrant women from Burma, most of them documented migrants. The women My supervisor always tells me not to make workers interviewed were between 18 and mistakes and she says I am very slow. I feel like 32 years old, and work in garment and a lime and she is squeezing me all the time. I electronics factories. cannot finish 650 pieces per day in these first months as I am new to this factory and work. I Interviewees stated that their reasons didn’t get any overtime payment and I earned for migrating to Malaysia included family only RM 150 [£30] per month after all the and self-survival, bad economic and political deductions. I want to change employers but conditions in Burma and a desire to I am afraid to ask my agency.24 experience greater freedoms. All respondents said the economic situation in Burma was so All of the interviewed women’s passports bad that they could not survive or earn were held by their employer or their enough money to support their families – and outsourcing agents, leaving the workers with that, as daughters, most of them saw that as only a photocopy. This is despite the fact that their obligation. In the words of one Burmese Malaysia’s Human Resources Minister had in woman working in an electronics factory in 2008 openly questioned the legality of Selangor, Malaysia: employers’ holding the passports of their foreign workers.25 The majority of I am an elder daughter and I need to go to interviewees have never asked to have their work in a country where wages are higher. passports and work permits returned, even My salary is going to support the daily expenses though without their documents they are of my household and school fees for my sisters vulnerable to arrest. and brother. In 2009 the government announced that a Most women interviewed work six days a levy on employing foreign workers is to be week, 13 hours a day during peak periods and paid by the employer and not deducted from five days a week, 8 hours 45 minutes per day workers’ wages. However, most women during the low season. Holidays are rare and workers interviewed for this report most are not entitled to paid holidays or experienced a variety of wage deductions, 20

including the levy, charges for medical could make money by paying the agency to work expenses, cleaning costs for their here, but now I think being illegal is better. At accommodation, transportation costs and least I don’t have to pay any money to the penalties for being absent from work when agency, and now I can send money home. they were sick or late. Under this ‘attendance fee’, a portion of wages are paid only to High transfer fees are also charged if the workers who come to work promptly and worker wants to change their workplace. have no absences. This amount is often According to one Burmese woman worker included in the calculation of workers’ who had moved from a garment factory in expected wages, but many workers do not Subang Jaya, Selangor to another in receive it. Instead, their wages are docked for Butterworth, Penang: lateness. The agency deducted RM 500 [£100] per month Most migrant women workers signed a three- from me for recruitment fees and other expenses. year contract before they came to Malaysia. I didn’t earn any money so I decided to leave that However, the contracts were written in agency and factory. When I asked them to return Migrant women workers in Thailand, Cambodia and Malaysia English so they did not understand the details my passport and work permit, they said that I and can only remember the amount of salary would have to pay RM 1500 [£300] to the stipulated. Less than half were given a copy of recruitment agency. their contract. As one woman stated: Because of these illegal practices, workers Restricted Rights I signed on to this recruitment agency because were not earning the salary promised them. they told me in Burma I will get paid more They all earned less than RM 500 (£100) per than RM 900 [£180] per month, but now month compared to around RM 900-1,200 I learned they are cheating us. We do not (£180-240) earned by local workers. Even receive according to our contract and what worse, some employers and brands use a they promised us. Last month I earned only piece rate system in which workers are RM 280 [£56] after deductions. paid by piece produced rather than by time worked. According to one woman from a Some garment factory workers did not read garment factory producing for Eider UK, or sign any contract. They signed only a letter Reebok, Adidas and Nike, “The factory stipulating that they will pay back recruitment ordered us to sew 200 pieces in eight hours. fees by allowing the agency to deduct these We need to work overtime to reach the fees from their wages. Migrants were target, and we get no additional payment.” generally reluctant to talk about recruitment agencies, but gradually revealed that they had All workers interviewed said that even to pay agency fees ranging from $800 to though they work overtime, their wages are $1,000. To recover these payments, RM 300- not sufficient to cover living expenses. In the 400 (£60-80) is deducted monthly from the words of one woman worker in a garment women’s wages for the first six or seven factory in Kajang: “If you ask us how much months after they start working in Malaysia. we need to have a decent life and have some As one said: money to send back home, I think it should be RM 1,000 [£200] per month. But after all The deductions are really a problem. The agency the deductions, last month I earned only RM is making money out of us. Before, I hoped that I 320 [£65].” Workers at entrance point of a Free Industrial Zone, Penang, Malaysia

21 Photo: Moritz Siebert

In one small garment factory in Penang, the measured just 3m2. Women pay around workers used to be documented with a work RM 8-10 (£1.60-2.00) each month for permit, but they chose to become electricity, water etc. As one group of undocumented because they could earn more migrant women workers in Butterworth, once they are no longer burdened by the Penang attested: agency. As one woman said: “We earn around RM 400-550 [£80-110] per month, and I send We pay RM 8 (£1.60) per month for electricity back to my family in Burma around RM 200- for one worker, RM 2 (£0.40 pounds) per month 300 [£40-60] per month. I can save more now for water. Last month the basin in our hostel than when I had a work permit.” Another broke down and we had to pay for it to be woman stated: “Before, when I had a work repaired; it cost us RM 27 (£5.40) each. In the permit and passport, I never saw them hostel 10 people live together in a two bedroom anyway. It is no different now that I do not apartment and have only one toilet. have the documents, but the problem is, when I want to go back home, I do not know how Most women interviewed felt that they are to go back without a passport.” discriminated against in Malaysian society, but said they would not complain because their 4.2 Living conditions priority is keeping their job. Among the few Most of the women interviewed for this places for socialising are a Burmese report live in accommodation provided by that migrants visit during Buddhist the employer near their workplace, and with ceremonies, and evening markets where they many other workers. One migrant woman can meet up with other Burmese friends. worker in Shah Alam reported that she lived Otherwise most do not dare speak Burmese with 17 other people, and that her room when they are in public. Seven of the 30 22

migrant women interviewed could speak room were workers selected by the factory some level of Bahasa Melayu (Malaysia’s local without our knowledge. spoken language) or English. The lack of language played a part in the segregation of Migrants’ access to information was mostly migrants from the local community. Only a dependent on two Burmese language journals few women had Malaysian friends, and those which cost about RM 2 (£0.40). The migrants’ were their factory mates. Besides language, connection with civil society organisations is segregation resulted also from lack of time also limited. One migrant said she had met and opportunity and the restrictions on Burmese groups but the groups did not talk movement caused by not holding a passport about workers’ rights issues nor did they ask or work permit. the workers about their working and living conditions. They did not know anything about Most women said they typically make phone Malaysian trade unions or NGOs. calls home about once a month using a neighbour’s mobile phone, usually after they With regard to health care, the Employment had sent money for their family. Four women Act of 1955 states that medical expenses Migrant women workers in Thailand, Cambodia and Malaysia said that they had yet to call home as they are to be borne by the employer and that had not earned enough to be able to send workers are entitled to paid sick leave when anything home. As one migrant woman there is an injury arising from an accident at worker in Penang said: “I miss my family but work. Yet none of the women interviewed I don’t want to call them yet because I am for this report received paid sick leave. Restricted Rights afraid they will ask about money. Last month Some were fined, and some had even been I earned only RM 176 (£35.20) and I spent dismissed for taking leave when sick. One that on myself just to survive. I’m waiting woman working at an electronics factory in for the month when I can make enough Butterworth, Penang said: “When I feel sick in to send them. Then I can call them too.” the morning, I cannot go straight to the clinic to see a doctor. I have to go to the factory 4.3 Access to services and see the supervisor for her to give When foreign brands have contracts with permission for me to go and see the doctor.” Malaysian factories, they may have their own Another interviewee from a garment factory code of conduct, but that information is not in Selangor said: “We cannot go to a available to workers in the factory. When government hospital because we do not have there are visitors, workers’ representatives our passports with us. They are held by the tend to be chosen by the company. As one recruitment agency.” When they feel sick at group of women working in a garment work, therefore, many women stay in a rest factory in Selangor said: room for one or two hours before starting work again. All of them take paracetamol and In the last few months, we saw some Japanese tiger balm when they are not feeling well. people come to our factory. One day before that the manager told us to clean the factory and our None of the women migrant workers rooms. We learned later that the visitors were interviewed had received any kind of safety from the well-known brand and they were training. Workers commonly suffer from back checking our working conditions. But the problem pain because of sitting too long in the same is that those who represented us in the meeting position, or in some cases from standing Housing for migrant workers, Majestic Heights in Paya, Penang, Malaysia

23 Photo: Moritz Siebert

continuously for many hours during work. because they are not yet married. Only two Two women complained of pain in their eyes women said that they had received training because when they work they have to look on how to use a condom from UNICEF at electrical equipment for a long time. in Burma. Despite the Workmen’s Compensation Act guaranteeing compensation for workplace 4.4 Grassroots responses injuries or accidents, none of the workers had Five organisations working with Burmese heard about it. migrant workers were interviewed for this research: Multinational Women of Burma Most of the women interviewed said they had (MNWOB), Burma Campaign-Malaysia (BCM), never received education or training on National League for Democracy – Liberated health and . Given their Areas, Burma (NLD-LA-Burma), Workers traditional background that holds that Hub for Change (WH4C) and Network of unmarried women should not be sexually Action for Migrants in Malaysia (NAMM). active, many women were also reluctant to All except for MNWOB have contact with talk about it. Some said they do not need women migrant workers in textile and information about their reproductive health electronics factories; MNWOB works 24

with Burmese women migrant workers grassroots organisations, they are referred in other sectors. to the Malaysian Trade Union Congress, who will accompany the migrants to the court The main work of all these organisations is to and assist the process from there. provide paralegal advice on migrant workers’ rights and to liaise with other concerned In addition, interviewed groups agreed that NGOs and trade unions to provide further there is a need for training more specifically support. BCM and NLD-LA-Burma also focused on women’s rights. However, many provide direct services such as accompanying community-based groups such as the migrant workers to hospital. BCM’s vision is Malaysian Trade Union Congress, NLD and to empower migrants to become active BCM are male-dominated organisations. agents of change for a future Burma, so those Thus they found it necessary to adjust their workers who take part in BCM activities trainings to focus more on women’s rights learn about democracy as well as about their and provide spaces for women workers to rights as workers. WH4C works on labour discuss their situations freely. and human rights education and conducts Migrant women workers in Thailand, Cambodia and Malaysia training on redress mechanisms in Malaysia The main challenge identified by all the for migrants. It also produces educational organisations is that significant numbers of materials for migrant workers to understand Burmese migrant workers are undocumented, their rights and campaigns for policy change and it is therefore very difficult for them to at national, regional and international levels. claim their rights. The situation is also tough Restricted Rights At the national level WH4C works with for documented Burmese migrant workers, NAMM, national trade unions, the who can expect little support from their Department of Labour and the National embassy – unlike other national embassies, Human Rights Commission (Suhakam). At which tend to have a labour attaché and/or the regional level, it works with the Mekong provide shelter for migrants in distress. Migration Network and the Asia Pacific The organisations observed that when Forum on Women, Law and Development documented Burmese migrant workers (APWLD). At the international level it works contact the embassy for help, with the Clean Clothes Campaign, Good they are told that the embassy cannot Electronics Network and Worker do anything. Rights Consortium. The groups also identified lack of All the organisations interviewed emphasised enforcement of labour laws by the Malaysian the importance of educating and empowering government, discriminatory policies and migrant workers on their rights so that they practices against migrant workers, and can take action to seek justice and improve patriarchal attitudes in the communities their own situations. Empowerment work is towards migrant women that make it harder done through training and counselling on for women to take action to claim their workers’ rights, laws, policies and health rights. They also pointed out that the rights, and assisting migrants gain access to authority in their country of origin (the State social services such as health care. When Peace and Development Council in Burma) migrants decide to take complaints against only works with recruitment agencies and their employers to the Department of Labour outsourcing agencies to collect their fees, after receiving relevant information from and does not help migrant workers. 25

HUMAN RIGHTS DEFENDERS AT RISK

Organisations and individuals campaigning compensation of RM 10 million (£2 million) for migrants’ rights in Malaysia are at risk in addition to a public apology and deletion from the companies or the government. This is of the blog posts. The company argues that highlighted by the ongoing case of Asahi Kosei they are being defamed and that they are against human rights defender Charles Hector. not in an employment relationship with the workers since the workers are supplied Asahi Kosei Malaysia Sdn Bhd, a Japanese- by an outsourcing agent. The case has raised owned company, has a factory with around questions of who is responsible for treatment 1,700 employees that produces die-case of workers as an employer, and has also aluminium parts for hard disk drives. Burmese highlighted the risk of campaigning for migrant workers working in the factory migrants’ rights in Malaysia. reported getting paid less than promised, difficulty in getting sick leave and confiscation On 25 August 2011, Charles Hector and of their passports. Additionally, they were Asahi Kosei reached a settlement, the terms threatened with deportation when in February of which dictate that Hector will pay RM1 2011 they complained to the National Human (£200,000) in costs and a further RM1 Rights Commission, the Department of Labour, (£200,000) in damages to Asahi Kosei. A further the Malaysian Trade Union Congress, and condition that Hector has to satisfy is the human rights defender Charles Hector. publication of a half-page advertisement in two national daily newspapers. This case shows Charles Hector contacted Asahi Kosei to seek how powerful corporate interests can take clarification from the company on the alleged on and silence a human rights defender. Using threats of termination and deportation of exorbitant libel suits against human rights workers. After receiving no response from the defenders who have reported alleged corporate company, Hector began to document the abuses sets a dangerous precedent, with allegations on his blog. The company then filed a chilling effect on the legitimate work a retaliatory lawsuit against Hector demanding of human rights defenders in future.

Despite these mounting challenges, was able successfully to claim benefits. there have been some notable success Since then, there have been an increasing stories. In 2009, the WH4C and their number of actions brought by migrant partners worked together to assist a workers demanding their rights. The Burmese worker who was injured at his support groups continue to raise concerns workplace. After the injury, the worker lost from migrant communities to the public his job and became unemployed, resulting in and relevant authorities, and report the the loss of his work permit, thus leaving him response back from the authorities to undocumented. The organisations helped migrant communities. The confidence of the worker receive back wages and migrant workers seems to be increasing, compensations for his injury. This was the and they are becoming more willing to first case where an undocumented migrant fight for their rights. Conclusion 26

The case studies of Thailand, Malaysia temporary and legally insecure migrant and Cambodia reveal similar economic work force. and development strategies for all three countries. Each has focused Export-oriented industries such as the on developing an export-oriented garment and textile industry in Cambodia, economy and tried to attract as much Malaysia and Thailand and the electronics foreign direct investment (FDI) as industry in Malaysia are dangerously negligent possible. Government efforts to attract in enforcing legal standards of wages and FDI are often explained as a means to working conditions for migrant women enhance macroeconomic development, workers. In all three countries, these women create employment opportunities and struggle to meet their basic needs, putting reduce poverty throughout the country. in many more hours than workers have to Yet to attract FDI, each of the do in the UK to pay for basic commodities. governments has created special A normal working day in the textile and economic zones (SEZs) within which garment industry regularly breaches the wages are kept extremely low to countries’ labour laws, which all prescribe an Migrant women workers in Thailand, Cambodia and Malaysia maintain competitiveness. Workers – eight hour day. In all three countries, migrant especially women migrant workers – women reported regularly working 10-hour are given only temporary status so as days. Employers only consider working to ensure a flexible and disposable beyond 10 or even 11 hours as overtime, and labour force. overtime payment is often calculated at rates Restricted Rights below those prescribed in labour laws. The SEZs are deliberately concentrated in areas that attract migrant labourers, who While most migrants aim to save money are less able to demand their rights. These to remit home, wages are so low that many SEZs are dependent for their success on the workers have to minimise expenditure on clandestine movement of migrant workers, basics such as food in order to save money. but these workers are liable to exploitation, Even so, most state that their incomes are arrest and deportation. Migrant workers’ not enough to support their families properly immigration status in Thailand and Malaysia is and that remittances are spent on their fragile even when they are documented. Yet families’ basic needs and survival rather employers and agents regularly confiscate the than improving their socioeconomic status. personal documents of migrants, despite their Migrants in Malaysia can rarely send any right to keep their documents themselves. money back home, especially for the first Those who are not documented fear arrest, six months, as they have to pay back a detention and deportation if they complain recruitment agency fee and other levies about working conditions. Within Cambodia, deducted from their wages by although rural-urban migrants do not face their employers. immigration challenges, they nonetheless have little or no job security and their employment Working environments are detrimental to contract is typically only for 3-6 months. women migrant workers’ physical and mental Employers benefit from increased well-being, especially as they often have no competitiveness as a result of having this access to health care and other basic services. 27

Women migrant workers in Thailand and migrants are allowed to join trade unions, Malaysia are not granted paid sick leave, while but most employment contracts explicitly garment workers in Cambodia are entitled to prohibit them from being involved in any paid sick leave but encounter significant union activities. While there are no legal obstacles in accessing it. In all three countries, restrictions on women joining or forming many migrants live close to their factory or in trade unions in Cambodia, independent dormitories provided by their employers. unions operate in an environment of danger These are often overcrowded and unhygienic, and fear. and migrants report a lack of security at their living quarters or on their commute between Migrant women workers rarely know which home and the workplace. brands they are producing for, and this is an added factor weakening their negotiating Women in all three countries are power. Workers do not know about codes denied reproductive health rights and face of conduct that might cover their factory, discrimination if they become pregnant. although some migrants in Malaysia and In Malaysia, migrant women must undergo Thailand said they have seen representatives a mandatory health check and pregnancy of big brands or other foreign visitors visiting before entering the country, and will their factory. In the case of Malaysia, the trend not be granted a work permit if they test of using labour contractors to avoid direct positive. Once in Malaysia, women are again hiring makes it even less clear who is legally mandatorily tested, and if they test positive responsible for the workers, and results in they are deported. In Thailand, the policy many employers avoiding their obligations does not officially address pregnancy; to uphold workers’ rights. In all three however, migrant women workers are not countries featured in this report, grassroots eligible for maternity leave and migrant organisations emphasised the importance women can only stay in the country if of alliance building and collaborating they are working. Most employers dismiss internationally to place more pressure on pregnant women, who then lose their legal governments, international buyers and status to stay in the country. suppliers to respect workers’ rights.

Migrant women workers in all three War on Want is campaigning for a living countries face obstacles to being active in wage and decent working conditions for trade unions. Without unions, women lack all workers who supply British companies, collective bargaining power and constantly wherever they are in the world. To this end have to fight local battles against individual we urge all readers of this report to: employers, which can never result in widespread change. In Thailand, migrants are 1. Call on the UK government allowed to join trade unions but not to form to stop companies profiting them. Due to their long working hours, from sweatshop labour. restrictions on travel, poor wages and War on Want is calling for the UK difficulties with the host language, it is almost government to establish a specialised impossible for migrant women to play an Commission on Business, Human Rights and active role in a Thai union. In Malaysia, the Environment in order to hold British 28

companies to account for exploitation in 3. Call on your MP to press for an end their supply chains. Such a commission would to the exploitation of workers in supply have the powers to investigate complaints chains overseas. from workers whose rights have been Please write to your local MP asking them: violated in supply chains serving British retailers. It would also fulfil the call from the (a) to support the introduction of a former UN special representative on business specialised Commission on Business, and human rights, John Ruggie, for non-judicial Human Rights and the Environment grievance mechanisms to be established at the national level to complement judicial (b) to join the All-Party Parliamentary Group avenues for redress.27 on International Corporate Responsibility: Business, Human Rights and the Environment Please write to Rt Hon Kenneth Clarke QC, Secretary of State for Justice, 102 Petty If you do not know the name of your MP, , London SW1H 9AJ, calling for the you can find it at www.theyworkforyou.com introduction of a Commission on Business, Migrant women workers in Thailand, Cambodia and Malaysia Human Rights and the Environment to 4. Join War on Want and bring justice protect the rights of workers in the supply for workers across the world. chains of British retailers. It is only as a result of dedicated support from members of the public and trade 2. Urge all companies sourcing from unionists in the UK that War on Want can Restricted Rights Thailand, Malaysia and Cambodia to continue its campaign for workers’ rights respect the rights and voices of migrant around the world. Please join us by becoming workers in their supply chains. a member of War on Want today – go to This includes consulting closely with migrant www.waronwant.org/joinus or phone us on workers’ associations or relevant NGOs, 020 7324 5046. supporting the development of workers’ associations and representatives, and formally recognising the right of migrant workers to collective bargaining. Appendix 29

Comparison of wages, earning power and basic commodity prices 15 mins hours required to earn this 20 mins UK UK wage) (minimum hours required to earn this subsidised) (40p) Malaysia (£4) (government (government subsidised) (80p) hours required to earn this Thailand Thailand (on typical typical (on wage) migrants’ (60p) 2.5 hours (£1.20) 4 hours hours required required to earn this Cambodia Cambodia 5,000 riel (80p) More than 40 baht Over (80p) 1.9 RM 3 hours Around (government 45 mins £1.35 Around price work price work price work price work 1,900 riel (30p) Almost 75 baht 2 hours 6 hours (£1.50) 19.5 RM 9 hours £2.50 25 mins 1,170 riel 1 hour 30 baht nearly 6 RM 2.7 hours £2 7,000 riel (£1.10) Nearly 6 hours 50 baht 4 hours (£1) 3.9 RM 1.8 hours £1.80 18 mins (17p) Petrol litre) (1 Chicken (1kg) (1kg) Rice Cooking litre) (1 oil 30

Notes 1 The unelected military regime in Burma changed the 15 Kong Sothanarith, ‘Unions Want Longer Contracts name of the country to Myanmar. Researchers for for Workers’, VOA Khmer, 26 May 2010 this report prefer to use the name Burma until the 16 ‘More Than 2.3 Million Foreigners Registered Under people of that country have the opportunity to 6P Programme’, Bernama (Malaysian National News choose for themselves. Agency), 5 September 2011 2 Office of National Security Council figures, cited in 17 Asrul Hadi Abdullah Sani, ‘Foreign Worker Levy UNGASS Country Progress Report: Thailand, United Hike 2011’, Malaysian Insider, 20 May 2010 Nations, 2010 18 Migration in a Digital Age: Migrant Workers 3 Vichaya Pitsuwan and Nanchanok Wongsamuth, in the Malaysian Electronics Industry, WEED, ‘Thai Textile Exports Set to Pick Up’, , December 2010 23 July 2009 19 ‘Industries in Malaysia: Textiles and Apparel Industry’, 4 Nanchanok Wongsamuth, ‘Incentives Sought to Invest Malaysian Investment Development Authority, Overseas’, Bangkok Post, 7 2011 www.mida.gov.my 5 Data on supply chain sourcing taken from 20 Thin Lei Win, ‘Sabah’s stateless children seek official company factory lists, annual reports and status’, Alertnet, 23 August 2011; ‘Malaysia’, Joint other records. United Nations Initiative on Mobility and HIV/AIDS 6 Minimum wages in Thailand vary by province. The in South East Asia, www.junima.org; Undocumented 2010 rate for Bangkok and Samut Prakarn was 206 Migrants and Refugees in Malaysia: Raids, Detention and baht per day, increased in 2011 to 215 baht a day. Discrimination, International Federation for Human

Olympic sportswear companies’ exploitation of Bangladeshi workers In Chiang Mai it was 171 baht, increased to 180 Rights and SUARAM, March 2008 baht in 2011. 21 Philip Robertson, ‘Migrant Workers in Malaysia: 7 See, for example, the case of Burmese migrant Issues, Concerns and Points for Action’, Fair Labor Charlie Tiyu, ‘Chained to a hospital bed with Association, 2008 no escape’, Bangkok Post, 3 February 2011 22 Data from Malaysian Investment Development 8 Labour and Social Trends in Cambodia 2010, Authority, cited in Migration in a Digital Age: Cambodian National Institute of Statistics and ILO, Migrant Workers in the Malaysian Electronics Industry, Race to the bottom September 2010 WEED, December 2010 9 Cambodian Women Migrant Workers: Findings from 23 Data on supply chain sourcing taken from company a Migration Mapping Study, UNIFEM, June 2006 factory lists, annual reports and other records. 10 World Investment Report 2011: Non-Equity Modes of 24 For convenience of illustration, the conversion rate International Production and Development, UNCTAD, from Malaysian Ringgit to sterling has been rounded July 2011 up throughout this report to RM 5 = £1. 11 Kaoru Natsuda, Kenta Goto and John Thoburn, 25 Sylvia Looi, Florence A. Samy and A. Raman, ‘Challenges to the Cambodian Garment Industry ‘Subra: No reason for bosses to hold passports’, in the Global Garment Value Chain’, Working Paper The Online, 25 October 2008 No. 09-3, Ritsumeikan Center for Asia Pacific Studies, 26 See The Reality of Rights: Barriers to accessing remedies July 2009 when business operates beyond borders, Corporate 12 Kang Chandararot, Sok Sina and Liv Dannet, ‘Rapid Responsibility (CORE) Coalition and London School assessment of the impact of the financial crisis in of Economics, London, April 2009 Cambodia’, ILO Asia-Pacific Working Paper Series, 27 Guiding Principles on Business and Human Rights: ILO, March 2009 Implementing the United Nations ‘Protect, Respect and 13 Measuring Competitiveness and Labor Productivity in Remedy’ Framework, Final report of the Special Cambodia’s Garment Industry, USAID, June 2005 Representative of the Secretary-General on the 14 Data on supply chain sourcing taken issue of human rights and transnational corporations from company factory lists, annual reports and other business enterprises, John Ruggie, UN and other records. document A/HRC/17/31, 21 March 2011 YES, I WANT TO SUPPORT WAR ON WANT BY MAKING A DONATION

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Published: May 2012 Written by Reiko Harima, Managing Director of the Asian Migrant Centre; also Regional Coordinator of the Mekong Migration Network

With thanks also to country researchers War on Want Jackie Pollock, MAP Foundation, Thailand; War on Want fights poverty in developing Sokchar Mom, Legal Support for Children and countries in partnership and solidarity with Women, Cambodia; Pranom Somwong and people affected by globalisation. We campaign Charles Hector, Workers’ Hub for Change, for human rights, especially workers’ rights, Burma Campaign, Malaysia; and to the staff and and against the root causes of global poverty, volunteers of the Mekong Migration Network, inequality and injustice. especially Laura Padgett and James D.A. Brown Cover picture: Mikkel Ostergaard/Panos. War on Want 44-48 Shepherdess Walk A worker catches some sleep in a garment London N1 7JP factory, Phnom Penh, Cambodia United Kingdom Design by www.wave.coop Tel: +44 (0)20 7324 5040 This report has been produced with the financial Fax: +44 (0)20 7324 5041 assistance of Irish Aid. The contents of the report Email: [email protected] are the sole responsibility of War on Want and can www.waronwant.org under no circumstances be regarded as reflecting the position of Irish Aid. Company limited by guarantee Reg No. 629916 • Charity No. 208724

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