The recent "amicable" settlements of domestic worker abuse through monetary compensation and apology is a cause for concern. Out of the four cases settled, only one case stated the actual amount where a singer agreed to pay RM40,000. There were various responses to this issue where many stated that it was better for the domestic worker to get some money and return. This would enable her to start life again.

No one disputes this need and demand. It is clear that the domestic worker will look forward to some compensation as this would mean survival for the worker. According to Susan Loone in her article in malaysiakini , the domestic worker stated, "I want to work again. Or else how am I to feed my husband and two children back home?" ([#1]One woman's sorrows[/#], Oct 4).

It is clear that this worker had very little choice. She is vulnerable and dependent. She needs to get out of it. The system we have today, only chokes her quest for justice. She cannot work while waiting for settlement or for the case to be resolved. The courts too do not question this predicament. Though, now the Immigration Department has now stated that domestic workers can now find alternative employment. But the policy is still unclear.

There is no doubt that the domestic worker needs money. She needs cold cash to start life again. We cannot dispute the need for monetary compensation. But in working out a compensation, how do we compute the settlement? What are the criteria we use?

The domestic worker who has been inhumanly abused, tortured with cigarette burns, maimed by the hit of a rock has suffered physically, mentally and emotionally. Her dignity has been ripped and stripped. Her self esteem demolished. Her health destroyed. Her road to recovery will be long. She will need medical care and support.

The domestic worker has also invested money in order to get a job over here in Malaysia. She will also not be able to work for some time She will need to recover from the abuse and this will take time. The domestic worker will take time to find an alternative employment. It is such factors that determine and justify the need for monetary compensation.

But these factors and need which demand justice through compensation, only meets solution from the perspective of the survivor. How do we deal with the perpetrator of the violence? Will this form of payment deter him/her from abusing another domestic worker? Will it increase his respect for his workers? When one employer said "sorry" to his domestic worker, the employer did not even look at her. Is this the kind of apology that will deter the employer?

To a wealthy man or women, RM40,000 is peanuts. While the rich can pay off a crime, what about the average person? How is this linked to our concept of equality before the law, affordability and justice? Will this trend evolve a character of arrogance of power and wealth?

Other forms of punishment

The perpetrator, the violent employer has to be dealt with as well. There has to be other forms of deterrent with compensation for the worker. The employer should be blacklisted and should not be able to get the services of a domestic worker for a period of time. In order to prove that he has changed, he/she too needs to be rehabilitated by the state. Compulsory counseling should be part of the settlement or conviction.

It is not just the rights of the individual domestic worker that is violated but also the rights of all other migrant workers. Can such a form of monetary settlement alone restore the dignity and rights of migrant workers, so that not another worker is beaten, abused and tortured?

It is equally important that enforcement agencies, the courts, rights activists and society at large question what gives the employers in Malaysia the power to abuse, to assault with the belief that he can get away with it? We have to also know what makes the domestic worker vulnerable, live in fear and accept the abuse.

The power for the employer comes from his knowledge that he is not accountable to anyone. There is no contract between him/her and the worker; that he can, at anytime dismiss the domestic worker; that he can just make a police report when he throws her out; that she will be compelled to return to her home country or get deported. In short the domestic worker is totally unprotected with no mechanism for redress. It is the state that has created this environment of vulnerability and risk.

In the mid-80s, we saw a surge of abuse of Filipina domestic workers in Malaysia. Together with the Association of Women Lawyers and some of my friends from the Church, together with the Philippine government, we sat together and developed both a standardised contract and mechanism for enforcement.

Agencies, employers and middlemen were monitored and if anyone of them defaulted, then blacklisted. There were also pre-departure and orientation programmes developed. The domestic workers also had the support of the embassy. These interventions did reduce maid abuse.

The employers must recognise that domestic workers have rights and need to be respected. Only through this recognition will the employer be able to define the relationship, the accountability and responsibility to his worker and vice versa. But when the system has neglected the protection of the worker, it opens the door for abuse. This will go on, if there is no change.

'Motivating' points

It is even worrying when agencies advertise with absolutely no respect for the dignity of the worker. Some time last year, I found an advertisement for a maid in my letter box. It stated various reasons why a potential employer should hire an Indonesian maid as compared to a Filipino maid. Some of "motivating" points were:

The Indon maid eats less

The Indon maid is docile. She will not question you.

The Indon maid works very long hours without extra pay. No off days.

The Indon maid is cheaper.

In short, what this advertisement was telling Malaysian employers was: "Get an Indonesian maid. You can do anything to her. She will not raise her voice in protest. You can abuse her." Is this the value we want to inculcate in our children, in our homes and in our society?

Monetary settlement is only a small component of bringing about justice. The issue needs to addressed at a broader level and in a more holistic manner. In order to reduce violence, we have to reduce the vulnerability of the domestic worker. The domestic worker must be recognised as a worker with rights.

The government must have a standardised contract developed with the employer and the domestic worker, irrespective of her home country. All employers and domestic workers should go through a post-arrival orientation programme or a pre-placement programme in order to understand their responsibilities. An effective mechanism for redress, monitoring and avenue for complaint has to be established by the government.

The value of life, of bodily security and dignity of the women worker must reign supreme. There can never be a compromise for this right and dignity. What if it happened to your daughter, sister or wife?

Photos courtesy of Women's Aid Organisation