THEY say that one swallow does not make a summer, but now that we've seen one in
the case of Nirmala Bonat, it could be taken as a sign that the days of turning
a blind judicial eye to maid abuse are over. Taken together with the other
pending cases of a similar nature, there is a sense that the wind may be blowing
in the right direction. It is certainly past time to throw the book at the
abusers.
That said, however, whatever the symbolic significance of
this legal breakthrough, it remains a blot on our record that it has been marked
for far too long by the lack of court action against the perpetrators. In any
event, while the judge may have delivered a verdict in the four-year-old case,
with a stay of execution and an appeal against the sentence, it could take years
before it comes to a final conclusion. The fact that the legal process is
painfully slow means the jury is still out as far as the deterrent effect of
such punitive punishment is concerned. Moreover, given the sheer numbers --
every year, 1,000 seek refuge in the shelter for abused workers at the
Indonesian embassy alone -- it would be unrealistic to expect the courts to
deliver swift justice. The sad reality is that with some 400,000 foreign maids
in our midst, according to one estimate, we will never get to see the full
iceberg of abuses and only a minority of employers will ever be prosecuted and
punished because of the constraints on the court's time and resources.
That being the case, we have to look elsewhere if we are serious about lifting
our fingers to help the maids in distress. In the wake of what we know, it's
become increasingly clear that it's not just the few rotten apples among the
employers that need to be removed, it's the whole barrel of inadequate policies
and procedures that leave maids at the mercy of their employers that also needs
to be addressed. As it is, the domestic workers are vulnerable to exploitation
because they are excluded from the protection that is provided under the labour
laws. Admittedly, however, legislating terms and conditions for working hours,
days off and wages, is no silver bullet. Nevertheless, if employers remain
insensitive and indifferent to the needs of those who cook, clean and mind their
children, it is the duty of government to look out for the domestic helpers. It
is imperative to do everything possible to make their working and living
conditions better.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).