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| SRP MP Mu Sochua talking to Srun Channa who was detained by T&P company against her will at the company compound |
H.E. Ambassador of Malaysia
No. 5, Street 242
Sangkat Chaktomouk
Phnom Penh.
March 16, 2011
Ref: SC4-006/11
Subject: Cambodian Employment Agencies Providing Maids to Countries in the region
Dear Excellency Ambassador,
This letter is to inform you and the donor community of the serious situation related to the practices of employment agencies that provide training to Cambodians, in particular to under-aged women for employment in neighboring countries.
The death of a 36 year-old trainee in February 2011 was followed by another alarming incident when another trainee jumped off the third floor of T&P employment agency, two weeks later. Both families were detained against their will and forced to pay debts to the agency if they were to return to their villages.
Alarmed by the situation, my colleagues and I visited T&P agency on 10 March, accompanied by NGOs and the media.
We entered the company's premises with permission after we explained to its representatives the reasons of our visit.
Living and Working Conditions and Debts
We were alarmed by the high tin-sheets and barbered wires that closed the building off, giving us the impression of imprisonment. We were granted permission to speak to the 100 or so trainees as we were informed that the military police had interviewed five trainees who had requested to leave the company.
MP, Mu Sochua was able to identify one- Srun Channa, 23 year-old, of the five trainees. I inspected the rooms were the trainees live. 30 trainees share a 4mx6m room, on 3 floors. I was told later by a trainee that the under-aged trainees were kept in a separate room on the 3 rd floor.
We negotiated successfully for the release of Srun Channa as the company and its lawyer insisted that her parents be present to sign guardianship papers. It is in fact, the debts of US$350 that the parents must pay back to the company for the cost of training, passport etc. to travel to Malaysia.
Srun Channa was not released till 11 March with intervention from the City prosecutor.
Company's Protection by Local Authorities
Local district councilors, criminal police and prosecutors intervened on behalf of the company, accusing us of illegal entry and demanding our leave. MP, Mu Sochua was pushed to the side by the deputy-district governor, while acknowledging that he knew who MP, Mu Sochua is.
Local authorities and police ignored the law that forbids detention against one's will. Furthermore, local authorities accepted the company's practice of debts and the charges for food, lodging and extra fees.
There was no sign that the local authorities even attempt to defend the rights of the trainees who are detained against their will. There are tremendous pressures on the young women to comply with the rules of the company.
Officials of the Ministry of Labour
No officials from the Labour Ministry were present during the two days of our visit, despite promises made.
We can conclude that the Labour Ministry leaves it up to the companies to draw guidelines and those inspections of the premises and the application of the laws are very weak and that negligence from the part of the government led to the deaths and injuries of the women.
Claiming that the company is under investigation by the Court, the Labor Ministry and local authorities are waiting for results of the investigation.
Under-aged Recruitment and Falsification of Documents
With the collaboration of the Community Legal Education Center (CLEC), and our local networks, we investigated the cases of the four trainees who were supposed to have been released by the company. They were in fact detained inside the company when during our visit.
Two out of the trainees went home but the papers they are holding were actually falsified by the company and its recruiters. Both women are under 18 years of age. The requirement for Malaysia is 21 years old to be employed as maids.
Two other trainees returned to their villages as they are suspected to be detained by the company at its centre in Kompong Chnang.
Actions to be Taken
As Members of Parliament, we have requested to the Prime Minister to allow the Minister of Labor to answer to the following inquires, with the presence of the Minister in Parliament;
1/ The Families’ debts to Employment Companies
We propose that this practice be stopped immediately
And that clear guidelines be drawn up by the government according to the laws.
2/ Working and Living Conditions
We propose improvement for health and safety of the trainees. Company’s premises should not be locked and that trainees be free to leave at their own will.
3/ Under-aged Trainees
We propose a strict inspection of the recruitment of the trainees and for prosecution in case of violation.
4/ Suspension and/or Dissolution of T&P License to Operate
We propose that T& P license be suspended when under investigation and that all its three centers are closely monitored till the end of the investigation.
5/ Confiscation of trainees Documents
We propose that all confiscations of trainee’s family books, I.D cards and other vital documents be prohibited.
We hope that your Embassy will take part to help in preventing these violations of human rights by informing your government as well as to raise this situation with the Cambodian government so that a very close monitoring system can be set up in order to stop all forms of exploitation and abuses of the workers.
We are further concerned by the lack of protection of Cambodian workers in your country where there have been reporting that abuses of workers have occurred but workers cannot get help since their passports were confiscated by employers and no information provided to workers on how to get help and in a number of cases, workers were arrested when try to escape and were thrown in Malaysian’s jail.
We acknowledge the role of Malaysian government in playing its part to prevent such crimes from happening by closely monitoring the connection in which the company such as T&P has with Malaysian counterpart and set the regulations to protect foreign workers in Malaysia.
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