Violence against women has increased both in numbers and in the kind of violence during the last one year in Malaysia. Tenaganita has handled more than 200 cases of women migrants affected by violence, said its director, Irene Fernandez. “ It is frightening to note that the violence is being carried out with impunity both by state and non state actorsâ€, she added.
Almost all of the 128 domestic workers rescued by Tenaganita, revealed that they had been severely and systemically abused. In fact it was torture, isolation and total servitude. According to the organization, employers of domestic workers are able to act with impunity because the workers are unrecognized and not protected. It is difficult to get sufficient evidence especially of rape and sexual harassment, since the domestic worker is the sole worker in an isolated work environment with more than 2 employers.
Trafficked women for prostitution are not only physically assaulted but raped more than 8 times a day by different men and by traffickers. They are forced to take drugs, alcohol and cigarettes, thus becoming dependent users with severe health and psychological problems. The women are locked up or confined and monitored closely. The sex trade has expanded with millions of dollars made from these women with the support of certain enforcement agencies who work hand in glove with traffickers.
In the absence of an anti trafficking act, the state uses preventive detention through the emergency ordinance and the restricted residence act. These acts give wide powers to the Minister of Internal Security to detain or release the traffickers. In fact, because the case is not brought to court, there is lack of transparency and facts of the case remain hidden. This form of detention, paves the way for corruption. Such form of action has become futile and useless. In fact trafficking in women and children has risen. There is a dire need to repeal both the Emergency Ordinance and Restricted Residence Act.
Tenaganita is also concerned that we have encouraged gender based violence in our very homes. The increased cases and severe forms of violence perpetrated against domestic workers, indicates that members of the family, including children, can use violence as a form of control and power over a worker. The non recognition of the domestic worker, the absence of protective laws and the bonded contract only promotes gender based violence and the practice of slavery where employers are not made accountable.
The long and prolonged trial of Nirmala Bonet that began in May 2004, indicates that it is difficult to get justice in our country. This form of delay is indeed a miscarriage of justice. Nirmala suffered severe injuries in the hands of her employer. Nirmala is neither able to work nor lead a normal life while the alleged perpetrators are free. She is further victimized.  This is an example of a case where the environment and the whole legal system is very disabling to survivors of violence. As a consequence, violence is not addressed effectively. And we have more and more similar cases of violence happening each day, each hour. The culture of violence is now being entrenched in our homes, in our workplaces and in our society.
The gains made by women who have struggled hard to recognize the rights of women and to free our societies from violence are now being eroded. It is indeed crucial that we bring back these gains and recognition of women’s rights, recognition of women’s security and dignity through a commitment to eliminate gender based violence.
Today as we celebrate International Women’s Day, we call on the government to move into action with strong political will to make perpetrators of violence against women especially against women migrant workers and trafficked persons accountable. Similarly to end gender based violence, we have to combat trafficking in women and children through laws and effective mechanisms. But most of all, we need to fight corruption. Corruption promotes trafficking; promotes botched investigations; and promotes weak enforcement of laws. But most of all to end gender based violence, it demands political will and commitment. We need change.
Dr. Irene Fernandez
Director
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TENAGANITA SDN BHD
Penthouse, Wisma MLS
No. 31 Jalan Tuanku Abdul Rahman
50100 Kuala Lumpur
Malaysia
Tel: +603 2691 3691 / 2697 3671
Fax: +603 2691 3681
Email: tenaganita@yahoo.co.uk
Website: www.tenaganita.net
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