Professional Documents
Culture Documents
. 2012 http://www.europeanjournalofsocialsciences.com
Preface
Socio- economic factors and cultural situations in any country play a basic and significant role in inhabitants' inspirations, males and females, in their sought to improve their living conditions in the first place. The hike of Capitalism in the past decades and the fabulous boggling of the inter-border Capital contributed drastically in the increase of the unemployment phenomenon on the international level. The reflections were apparent most in the Arian and African countries. These countries are undergoing varied and different economic expertise depending on the socio- economic structure and the cultural heritage and they are distinguished with a number of obvious characteristics out of them the fabulous increase of the youth category as it goes up by 3% a year as per the( World Employment Report 2007- 2008). These facts pushed many women from the poor countries in particular the Asian countries to migrate looking for jobs as housekeepers or maids in the richer regions including the Arab region(Statistics International Labour Office, 2004). Under the domination of the globalization of the Capital, doors, widow and even the ceiling are opened and removed to facilitate the entry of the inter- border Capital which is looking for the "easiest and fastest" investment in the places which provide the legal protection as well as the cheap manpower 181
European Journal of Social Sciences Volume 30, Number 1 (2012) and low cost of production. The authorities haste to make room for this Capital and its investments and to facilitate its movement. They reformulate the rules and laws of the concerned country in a way that serves the interests of such Capital and guarantees its profits. Laws are drawn on urgent basis, "temporary and permanent" in service of this "Transitory Lord" and provides it with the "investment environment and atmosphere" without even considering or even looking at the interests of the country, the people categories and classes or the national social security. At the same time, all openings are closed in the face of the labour's movement with various barriers, restrictions except in the cases that such movement and migration may serve the interests of the Capital, facilitates its work and guarantees its profits. When the labourers are allowed to move out of their native country towards the "unknown" where the only authority is the authority and rule of the Capital, they face new facts where there are no laws, rules, norms or traditions to protect them. They try to get out from the poverty circle looking for savior, and they fall victims of the exploitation, subjugation, oppression and violence, thereafter the serial of assaults and abuses start as their rights, humanity and dignity are assaulted. The category that is most hurt and prejudiced who faces the worst exploitation, oppression, violence, offences and assaulting their humanity in Jordan and the Arab region, according to the available data, may be the house women workers ( Housemaids). Official statements and data obtained from some Jordanian governmental sources as well as some Asian embassies, such as Sri Lankan and Philippines Embassies, indicate that the major problem for them is the housemaids and in particular, the deserting maids due to several difficulties they face. The official authorities noted that deserting housemaid's problem and its sequences is not a small phenomenon but it is an epidemic one in Jordan. The unofficial statistics made available by the Sri Lankan Embassy indicated that more than 100 women desert the houses where they work monthly, and about 5 maids resort to the Embassy daily. The Philippines Embassy also stated that about 90 maids desert their workplaces monthly. The Indonesian Embassy stated that about 6-8 desert cases resort to the Embassy daily(Phoenix Center for IT and economic Studies ( Jordan Trade Syndicate Movement Facts and Challenges) Amman- Jul 2006). These are the figures declared by these embassies, the truth may be much higher, as a large number of the maids holders of the above-mentioned nationalities flee their workplaces and do not approach the embassies but they go and work somewhere else. Therefore, this Study aims at recognizing and knowing the violence issues and the legal protection provided to the expatriate working women in Jordan, in a way that enables exploring the various ways and means to improve the conditions of the housemaids of all nationalities working in Jordan. In addition, to explore the problems facing them, in particular the deserting maids who escape from the houses. The Study shall focus on the existing mechanisms, whether they are successful. In addition, it shall focus on the roles of the employers, embassies and the concerned authorities; to reach with the workers to a stage they are able to adjust their living in Jordan professionally, socially and psychologically. We hope that this study will open the door for a serious and honest effort by all concerned parties; contribute in creating clear vision for the various concerned authorities and institutions and may help in achieving successful solutions for the workers problems, and thereafter protect them in general, and the woman (housemaid) in particular and preserve her human rights to an honorable, secure and safe life. A part of this Study will be allotted to explore the rules and regulations available with the concerned embassies in Jordan and the way of handling the problems of the housemaids who face trouble and resort to the embassies. Also will focus on the role of the various concerned institutions in dealing with the housemaids working in Jordan right from their departure from their country till involvement in the job in Jordan. We worked hard so as this study may reach at real and factual results which reflect the situation of the housemaids. At the same time, we hope that the Ministry of Labour, which is revising the 182
European Journal of Social Sciences Volume 30, Number 1 (2012) Labour Law- the rules and regulations governing the housemaids, will support such studies and try to circulate them. We also hope to consider them upon making decisions relevant to this human category, in a way that may help in recognizing their rights and thereafter to protect them as part of the labour power in Jordan.
183
Nationality / Gender Sudan Somalia Iraq Lebanon Egypt Morocco Eretria Pakistan India Thailand China Philippines Sri Lanka Bangladesh Malaysia Indonesia Nepal Israel Hungary Bosnia Jamaica Mexico Ethiopia Seychelles Senegal Total
The expatriate manpower size in Jordan as per the records of the Ministry of Labour for the year 2007 came to 313962 out of them 48019 females and 265943 males. The major sectors where the expatriate manpower work: Services Sector 36.2% Industrial Sector 22.7% Agricultural Sector 21.6% Construction Sector 19.5% The expatriate's manpower numbers are continuously increasing. The majority of this manpower is Asian and African. There are no work permits for all of them and they are working in the services sector where as the housemaids occupy the top of the list. At a time, the expatriate manpower competes with the Jordanian in some economic sectors, it is considered, in some sectors, as substituting. The forcible acceptance of the foreign labour power of the low wages and non-availability of insurances and guarantees makes them target for the employers to look for rather than employing the local workers whom they may have to train or provide with some insurances. This is because the employers try to escape their national responsibilities and they search for ways to make more profits despite of the sequences thereof on their own country and fellow citizens. Major part of the expatriate manpower works under very difficult circumstances and conditions. The Jordanian manpower does not accept such type of jobs either for the minimal income and the tough conditions, or, in other cases, due to the "demerit" culture, especially some of the jobs that newly introduced to our society, which contradicts with the prevailing Bedwin mentality and the behavioral system controlling the social relations. Therefore, a wide range of the unemployed Jordanian youth, males and females, refuse to go for such categories of work. 184
European Journal of Social Sciences Volume 30, Number 1 (2012) The majority of the expatriate manpower gets low wages and work for long hours. This matter urged many concerned local, regional and international human rights organizations to criticize the work conditions under which the expatriate manpower is working in some sectors and in particular in the QIZ (Qualified Industrial Zones). The category, which works under the most difficult and degrading (contumelious) conditions, is the housemaid's category. This category is the biggest among the expatriate manpower and they face several infringements( Ministry of Labour, the Annual Report 2007 ).
European Journal of Social Sciences Volume 30, Number 1 (2012) the existing legislations. Therefore, the relation between the concerned parties' remains controversial, which reflects negatively on the women workers. Thus, due to such controversial situation and its problematic sequences, there is a clamant need to adopt clear legislations and laws to protect the human rights of the expatriate women workers to enable them live in a secured social and psychological situation(Ministry of Labour, Expatriate Working Women in Jordan Guide 2006 ).
Article 1.
1. For the purposes of this agreement, the concept of Discrimination means: a. Any discrimination, exception or preference on the basis of race, colour, gender, religion, political opinion, native origin or social origin and may abrogate or weaken the application of equal chances or the treatment in the employment and occupation; b. Any discrimination, exception or preference which may lead to abrogate or weaken the application of equal chances or the treatment in the employment and occupation that the member country shall define in consultation with the representatives of the employers and labourers organizations if existing as well as with other specialized organizations. 2. Any discrimination, exception or preference based on qualification required for a specific job shall not be treated as discrimination. 3. For the concept of this agreement, the phrases "employment" and "occupation" shall include possibilities of vocational training leading to employment and other specific occupations as well as the terms and conditions of the employment(World Employment Report 2007-2008); (Ministry of Labour, the Annual Report 2007 ). 186
The Guide Contains Explanations and Instructions Regarding the Procedures Related to
Work permit ( W/P) Work contract Duties and obligations of the employer and the employment office Duties and obligations of the female worker Insurance Annual vacation and weekly holidays Labour disputes and personal complaints How the female worker enters into the Kingdom Procedures of issuance of the R/P for the first time and terms of renewal Housemaids Recruitment and Employment Offices How to recruit and employ the housemaid Changing the sponsor Deportation Supplement Because the guide and the regulations and instructions do not have the power of the law and legislation, which guarantees the rights, the relations and the treatment of the expatriate female workers in Jordan remain a big problematic question, which concerns thousands of families with whom these housemaids live. The legislative shortage still exists and the prevailing negative concept about the housemaid job is deepening which contributes in the increase of the violence and oppression against the housemaids. The expatriate housemaids remain victims of the legislative shortage, legal loopholes and the low level of awareness and thereafter the assault on the human rights. The deserters' number is increasing day by day as the deserters resort to their country's embassies, the police stations and the non- governmental organizations' offices who are trying to protect them and provide them with shelter against the injustice.
European Journal of Social Sciences Volume 30, Number 1 (2012) related to human rights, gender discrimination, and nature of the work in addition to various legal, social, cultural and religious factors, which play significant role. The National Center for Human Rights observed the complaints received from the expatriate workers in QIZ, housemaids, the concerned embassies and even from some recruitment agencies, focusing on the non- human conditions under which the workers are living. Such conditions are not only a violation for the Jordanian laws but also a violation for the international criteria included in the agreements that Jordan ratified. Most of the complaints focused on: a. The continuation of the recruitment offices in violating the recruitment and employment of foreign workers regulations and rules by: 1. Employing the housemaid in houses other than those which belong to the sponsors; 2. Changing the workplace of the housemaid; 3. Exploiting the housemaid by making her work in more than one house. b. Some recruitment agencies violate the Article 73 of the Labour Law, the international agreements, the Agreement on Child Rights and the International Labour Agreement no 138 on Working Age Limits of 1973. The violation is by employing housemaids below the 18 years age. The Center received group complaints from 12 housemaids confirming that some recruitment agencies have recruited housemaids of 13-18 years old. In addition to that, the housemaids have to pay huge amounts to the recruitment offices before they come to the Kingdom. c. Detention of the passport of the housemaid by the employer and the recruitment agents, which forms a violation of Article 18 of the Passports Law. Non-taking effective measures by the official authorities to enforce this Article complicates the matter. d. The sponsors and employers do not obtain R/P and W/P trying to evade the responsibility and throw it on the workers burden. They avail of the controversial legal position and the lack of a clear specific stipulation in this regard and thereafter it is easy to hold the worker responsible. This matter highlights the necessity to amend the labour and residency laws. e. Accusing the housemaids and other workers by some employers and sponsors of committing some crimes in order to torture them and thereafter deport them without paying their dues and arrears as well as the forcible overstay charges. f. Non- paying the wages of many housemaids and the lack of clear mechanism to examine the payments, and whether the housemaid received all her arrears before leaving the country. The common feature of all complaints received by the Center is that the workers did not receive their full wages. In some cases, the matter exceeded all limits as one housemaid was forced to work for 7 years without being paid. g. The Center received complaints stating that some housemaids were facing inhumane treatment including the sexual abuses and that some embassies host the deserting housemaids without follow up to obtain the legal rights, arrears and dues. These embassies do not approach the recruitment offices for resolving the problems of the housemaids but they host them and sometimes employ them illegally. h. The Center observed that some tourist agencies bring the expatriate workers as tourist while they are bringing them for work without any guarantee that they will get jobs. The National Center wrote to the concerned authorities in this regard with a proposal to form a committee comprising representatives of the ministries of Labour, Interior, and Justice and the Public Security Department in addition to the National Center for Human Rights. The Committee is proposed to examine and study the problems faced by this category of workers in search for radical solutions.
188
In Addition to the Above Mentioned, the Center Observed the Following Violations
The basic needs of the housemaid, food, clothing, accommodation, bedroom and health care are not properly provided; Many of them were subjected to physical, psychological and verbal violence in addition to sexual teasing, rape and forcible abortion. Such practices were carried out either by the employers at the residences or by the employers at the worksites, their agent and the representatives of the recruitment offices who receive the expatriate workers on arrival( Interviews with random specimen of the expatriate women from Philippines, Sri Lanka and Indonesia ); (Report by journalist Mohammed Shamma, amman.net, 2006 ).
Work Contract
The Ministry of Labour in 2003, approved the " work contract for non- Jordanian housemaids" aiming at putting an end for the fictitious contracts and the items that are not recognized by the official authorities as well as to preserve the rights of the non- Jordanian workers for insurance, medical care and weekly holiday etc. The Working Woman Guide issued by the Ministry of Labour quoted: Each worker who desires to work for any house owner in the Kingdom should go through the registered offices and she should undertake to sign the unified work contract for this purpose. The work contract should be in quartet and in both Arabic and English languages. Each of The Registered employment office, the worker, the house owner and the Ministry of Labour shall retain a copy of the contract. The contract shall include the following basic items: 1. The parties, the worker, the house owner and the employment office; 2. Duration of the contract two years; 3. Date of commencement; 4. Type of work; 5. Location; 6. Monthly wages; 7. Obligation and duties of both parties; 8. Any other conditions that both the housemaid and the house owner may agree upon. Usually, most of the housemaids coming to Jordan for the first time, sign papers in the employment office who recruited them. As per the statement made by many of the housemaids, the signed papers are totally not understood by them because: The housemaid comes to Jordan knowing that she will be working as a housemaid without specifying the nature of such job. Upon signing the contract, nobody reads the contract to her and she does not get explanation for the papers she is signing. Usually the meeting is held between the owner of the employment agency and the employer while the concerned worker is standing aside. When the housemaid is addressed, they speak to her in poor English or by pointing out to her to sign the papers. Nobody bothers to explain to the housemaid about the job, whether the work at a residence includes cleaning, cooking, buying the needs from the market, raising the children and accompanying them to the gardens and restaurants, sending to school and receiving them upon their return by the school bus or the family cars, whether the service will be at one residence or more. Usually the housemaid is stunned and surprised that she is to perform all these jobs. Thereafter she becomes a victim of hazardous work, very long working hours and un fixed working site. When problems between the employer and the housemaid occur, the owner of the employment agency often changes the worksite and nature and sometimes the sponsor without asking her. In such a case, she becomes as the tool transferred from one place to another without being asked for opinion or approval. 189
European Journal of Social Sciences Volume 30, Number 1 (2012) The housemaid does not have a copy of the work contract and most of those whom I met do not know the full name of the employer or one of his family members. Usually they pronounce the names in poor Arabic mentioning the names like Papa, Mama, Hassan, and Ahmad. They start with giving the first name and then try to describe the family in a way that cannot be recognized. They do not know even the name of the owner of the employment agency or even the agency itself. All what they know is the name of the first agency or the name of the person whom they worked for which might have happened years ago. They cannot also locate the place where they live. Most of the housemaids subjected to violence at the residences suffer from another problem that they work at more than one residence, which may belong to the same family or not. So often, the housewives send the housemaids to work in other residences against payments that she herself receives. Such housewife tries to justify this action by stating that this is for "meeting the needs of the housemaid for mobile telephone cards as she speaks to her family too much, or even to buy her personal needs like the towels and antiseptic and cleaning materials. However, the obligations and duties of the employer/ owner of the residence and the employment agency as quoted in the Working Woman Guide state in Item 5: = The employer/ owner of the residence is not allowed to employ the housemaid in any place other than the residence where he usually lives along with his family.
European Journal of Social Sciences Volume 30, Number 1 (2012) members of the family whom she is supposed to serve. Mostly the housemaids come from remote places, they have their own languages and accents, and sometimes these languages are a mixture of the local languages and accents in her country. Usually she does not know English and the families start talking to her in poor English, which is unknown to her. Customs: So often we do not understand the deference in customs and traditions and the indication and conception of some behavior or we may not pay them attention when we treat the housemaid. We treat her without considering any factor as if she is a machine and not a human being who has rights and her own customs and traditions that should be respected and observed. Families ignore the necessity to treat the housemaid in a human way and to give her enough time to adjust occupationally, socially and psychological with the residence and its inhabitants, so as to be able to perform her duties in the best manner. Cutting the hair of the housemaid by some families, under the excuse of cleanliness and fighting the contiguous diseases, forms a cultural shock for the housemaid. She comes from an environment where the long hair is considered as a sign of feminine fertility; in addition to that, this is a pure womanly personal matter. Therefore, we find that they are keen to preserve and maintain this aspect. Preventing the housemaid who is coming from a country that have water abundance from taking bath, under the excuse of saving the water consumption, exposes her and the family to diseases and contagious situation. As per the officials at the Embassy of Philippines the employers prefer not to waste the water on the housemaids though the cleanliness is taken as excuse to cut the housemaid's hair!!.
European Journal of Social Sciences Volume 30, Number 1 (2012) The owners of the employment agencies or the employers detain the passports under the excuse that the passport is their guarantee that the worker will not flee or move to work in another place. This is a blunt violation for the human rights and against the human basic rights of the housemaid. It is also considered as a legal violation as per the national and international laws. Item 6: The employer undertakes to pay the monthly wages as per the mode agreed upon to the housemaid in Jordanian Dinars or equivalent of foreign currency. Both parties shall sign a receipt proving the payment by the employer and receipt by the housemaid and each of them shall retain original copy of such receipt. The employers usually do not pay the previously agreed upon wages and so often the wages are paid months after the arrival of the housemaid. Some employers detain the wages for longer periods that come to 2 years under the excuse that he does not want her to spend/ waste her money and he wants to save it for her till her return to her country. Some Sri Lankan housemaids stated that their employers purchased the gold for them instead of paying them their money under the excuse that gold will not lose value whereas the Dinar value may decline after sometime. Some of them stated that they were forced for this practice and their consent was not needed. In such cases the housemaid is not allowed to keep her gold or to use it!!. Another way of exploiting the housemaid is by giving her 5% of her wages as pocket money and keeping the rest or even remitting it to the family in her country. One housemaid stated that she worked for three years without getting any money and at the end of her service, the family accused her of breaking cutlery and steeling other items. The amount, which reached as per the estimation of the family 50%, was deducted from the arrears of the housemaid. Some housemaids were compelled to sign papers showing that they received their wages at the time they did not receive any thing.
European Journal of Social Sciences Volume 30, Number 1 (2012) instructions/ orders without any objection or complaint without taking into consideration her rights, privacy, the nature of the environment that she came from and even without feeling that she is a human being who might have senses, problems or pains. They also neglect her psychological and personal requirements. Many of the housemaids were subjected to severe beating, insults of all kinds. The worst among the insulting and degrading practices is the sexual teasing and assaults by one member of the family or more in various ways, directly or indirectly. One of the workers who fled and resorted to a Shelter, said that the Big Papa, describing her employer, was forcing her to do massage for him in his private room for more than one and a half hours. He used to force her to play with his sexual organs and giving himself the right to tease her and touch her body in the sensitive areas. For more than one year and under threat to beat or deport her if she tries to escape or complain she had no option other than succumbing and keep silent. Another mentioned that the Small Papa, describing the younger member of the family, was forcing her to enter into his room at night and used to practice oral sex with her. When he finishes his bad act, he used to kick her. He threatened to say that he caught her with one Egyptian guy in the garden if she dares to talk about his practices. She confirmed that she did not know anybody and she was not allowed to mix with any one even the housemaid in the next door whom she used to talk to through the window. The expatriate housemaid undergo all these violations and insults behind the closed doors and under the sight and knowledge of one person who is usually the culprit, and most of the times with the knowledge of the members of the family without any law to protect her. Thus, the weaker party, from all aspects, socially, economically and legally cannot go for claims and demands for her rights. Some of them who may get the chance to escape and desert the house they will do. Deserting usually lead to negative and adverse results starting with accusing the housemaid with steeling and leaving the residence without permission and other serious accusations. If the matter reaches the employment agency, the violence cycle shall be repeated against her. At the employment agency, she will be beaten and asked to perform some duties in the employment agency without pay. Her statement is never taken seriously rather nobody cares to hear it, and mostly she is held responsible and at fault that "she must have done something wrong" which led the employer to beat her. Hearing the employer's statement, which he himself does not believe it, means automatic justification of the violence. Usually the employment agency returns the housemaid to the same house and holds her responsible for what happened. Sometimes, in case the settlement with the employer does not work, the employment agency sends the housemaid to serve in other houses on daily basis till he finds new family to accept her as a so-called "Returned housemaid", . The sexual assaults cases usually dealt with sarcastic stances and high negligence as not being taken seriously. The housemaid will be taken as liar and she is deprived from her rights and arrears if she breaks the silence and talks about the case. She faces all this at the time she is in bad need for support of all kinds, financially, psychologically, health care, socially and legal assistance. The few figures obtained from the Family Protection Directorate for the years 1998 and 2005, show that 97 housemaids who approached the Directorate were subjected to sexual assaults of various types. Out of them 25 rape cases, 28 rape attempts, 26 virgin's rape and 11 sexual assaults. We can say that this figure is too small compared with the silent numbers at the residences who are subjected to assaults, verbal violence and various abuses and they do not know how to get out of this situation. In such a case, as we were told by a Sri Lankan housemaid, the housemaid has no option other than tolerance and patience for few dinars that will help the poor family she left behind or to repair a falling house where the family lives(Caritas Organization, caritas.net, 2007 ); (Arab.net site 2008 ); (Jordan News Agency, petra.net 2007 ); ( Deserting Housemaids Study- Working Woman Friends Society in Cooperation with UNEFEM ).
193
Arab Women Labourers Recruited to Work in Jordan as per Contracts with Hotels, Clubs and Massage Clubs
There is no official statistics indicating the number of the Arab women, Egyptian, Tunisian, Moroccan, Lebanese and Syrian who have come to Jordan. They come upon work contracts signed through the internet to work as waitresses or room service at the hotels and restaurants or as massage workers at the health clubs. Many of them were surprised upon arrival to Jordan as their passports or any proving documents are taken from them at the airport under the excuse of preparation and completion of the formalities. In such cases, the work waiting for these female workers is the veiled prostitution under various names. Work at the restaurants becomes a job to respond to the natural sexual instincts of the customers who come to these places for "entertainment and pleasure". The waitress is compelled to respond and accept the teasing under the umbrella of the "requirements of the job". The waitresses usually brought from the residences and sent back under intensive guard. The residence is also under intensive guard of the private security companies. This measure is allegedly taken to protect the waitresses and to prevent them from going out with the customers or even not to think of going to other places for work. It is some kind of siege. Some of these women were able to escape and resort to their countries' embassies. They were assisted and given protection by their embassies and some Jordanian non- governmental organizations working in the field of human rights and woman protection such as the National Center for Human Rights and the Jordan Women Federation. Usually the protection organizations contact the employers for resolving the problem. Sometimes, these organizations have no choice other than filing lawsuit cases against the employers to ensure retrieving the official papers and documents of the woman as well as to get the arrears and the cost of the air ticket to send her back home. 194
European Journal of Social Sciences Volume 30, Number 1 (2012) Other stories are very dangerous and require warning when the housemaid's presence with the family becomes a reason for her destruction or exposing the members for contagious disease. " Um Salam", mother of 4 children, males and females, told that her housemaid was working and living with the family, she was treated as a member the family. The family felt very bad to terminate her contract because of the financial hardship. Um Salam says that the maids' chair next to my daughter's is still empty, and till recently I used to by her favorite sweets and pastry. She had her own mobile phone that I gifted to her because she was so honest and loyal. I also used to buy her clothes on various occasions and accompany her with us when the family goes out. Um Salam continues that the maid used to observe the fasting during Ramadan month. Ahmad, the small child still crying and weeping because of the departure of the maid whose contract expired. Ahmad refuses to take his food and suffering some kind of depression. Mother of Ahmad says that her son got used to the maid who was treating him kindly and used to spend hours with him, feeding and playing. Ahmad's mother says that she and the family are facing big difficulty to get their son out of the depression and make him forget his maid. The Question is: has the maid become the substitute mother, sister of the daughter? And if so why all this violence?
Forensic Medicine
Dr. Israa Tawalbeh, forensic specialist does not hesitate to describe the housemaids as a "timed bomb that may explode within the family at any time or any place". Dr. Tawalbeh who is working at the National Center for Forensic Medicine, tells a story, which is an evidence supporting her stand, about a Jordanian educated, cultured and very calm family. The story starts when the daughter so stunned and horrified noticed a ball of fire pushing through the sitting room. She discovered later that the housemaid lit fire in herself after receiving the news from her family in Sri Lanka informing her that the husband got married to another woman. Um Dina's family, West Amman, was badly shocked when they discovered after three weeks of her stay among the family, that their maid was suffering from tuberculosis. The family had to repatriate her and spent weeks in horror and fear of the disease. Dr. Tawalbeh, talking to Petra continued about the violence and sexual assaults that some housemaid face. Such cases range from teasing to rape by a member of the family who usually try to hide the story but sometimes the accumulations exceed the limits and the housemaid either gets sick or she finds a chance to escape. Another case of an expatriate housemaid whom was found dead and her flesh eaten by the beasts, and after dissection and checkup, it was found that the maid was raped and thereafter beaten to death. This case is being examined by the Grand Criminal Court. Dr. Tawalbeh says that there are many complaints against the recruiting agencies that they maltreating the housemaids while the maids are in the agencies premises. The maltreatment includes beating, depriving from food and beverage, isolation and imprisonment. One maid died while she was in the agency's premises and after checkups, it was found that the cause of death was the severe beating. She called for imposing more and strict control on the recruitment agencies and called for conducting training for the maids before they come to Jordan. The training should teach them how to handle the house works and alert them on the nature of the social and cultural life in Jordan. She also called for recruiting housemaid from countries other than Indonesia, Philippines and Sri Lanka. She noted that the Ethiopian origin maids cause less trouble. She called the recruiting agencies to give accurate information about the maid so that the family may not be surprised when receiving young girl or handicapped one or having chronic disease as often happen with the Jordanian families. Director of the National Center for Forensic Medicine, Dr. MO' men Haddidi says there are no clear figures to reflect the facts of violence that housemaids faced. This is because there is no 196
European Journal of Social Sciences Volume 30, Number 1 (2012) database available with the investigating authorities or the Ministry of Labour. He added that all complaints might not be totally true as some of them may be vexatious. Dr. Haddidi believes that the problems of the expatriate housemaids escalated recently. He described some of them as violent. He added that the criminal law does not differentiate between the employer and the housemaid in the cases of the sexual or physical assaults. Therefore, mere allegation leads to putting the employer under custody and treat him as accused and in this case even he is quitted later, some harm already has happened. Dr. Haddidi adds that the Forensic Medicine is considered as supporting instrument for the authorities to prove, discard or support some cases. He continues that all the symptoms of the presence of the foreign housemaids among us, impose upon us revision of such behavior that prevailed in our society. Ministry of Labour: Dr. Ghazi Shbeikat, Secretary General of the Ministry of Labour noted that the government recently formed a committee to handle the issues of the housemaids in general. Shbeikat told Petra "the Ministry included the housemaids under the Labour Law which has prohibited the detention of the passports. He added that the Ministry intends to prepare rules and regulations to deal with the recruitment agencies, which come to 100 agencies in Jordan, as well as drafting a law to fight trading with human beings. **** It is worth mentioning here that the Al Arab Alyawm Newspaper Sept. 10th, 08 published the draft law titled" Protection from Trading with Human Being Law".
European Journal of Social Sciences Volume 30, Number 1 (2012) The National Center called on the concerned authorities to intensify the control and monitoring and to take tough actions against those who are involved in such cases to prevent the breakout of this phenomenon in our Jordanian society. The housemaids, from various nationalities, form a big category out of the expatriate manpower in Jordan. The available statistics indicate the contradiction between the records of the Ministry of Labour and the records of the Residency and Foreigners Directorate. This means that there is no accurate statistics on the number of housemaids from various nationalities. The National Center's report on the human rights in Jordan 2009 recorded many several violations of the rights of this category. The report indicated the violation ranges till it endangers the life itself. The report pointed out the most common problems of this category, which is reflected by the maltreatment by the agent or the sponsor, delay of payment of wages, non- providing the basic needs such as suitable accommodation, food and health care. In addition to the violence in all forms, verbal and physical sometimes may lead to a handicap or death including the sexual assault and rape. The Family Protection Directorate deals with the sexual abuses and rape cases seriously as the medical services and the investigation are extended without discrimination. The National Center recommends that the role of the labour inspectors should be activated and intensified specially on the recruitment agencies in order to lessen the violations. It also recommends to restrict the recruitment of housemaids to the registered and licensed agencies and not to allow the commercial offices which is not covered by the rules applied by the Ministry of Labour, to deal with recruitment jobs.
Awareness Upgrading Campaigns, Insaf Campaign- Amman- Petra- Aug- 16th 2008
Mobile phone companies will start tomorrow, Sunday, and for one-month sending short messages aiming at drawing the attention to the rights of the housemaids and their employers too. The messages shall be sent with average of 100 thousand messages a day to all categories of the Jordanian society. The campaign which was launched by the UNFEM, the Ministry of Labour, Working Women Friends Society and the Recruiting Agents Union aim at acquainting people with the rights of the expatriate housemaids and the issues that create trouble between both parties. It also aims at upgrading the awareness of the humanity concepts and to prove that the expatriate housemaid is human being, performs a duty, and has her rights and duties. President of the Working Women Friends Society, Mrs. Aida Abu Ras told Petra: The slogans which will be sent throughout the month period, with an average of 4 messages a week, from Sunday till Wednesday shall be about 100 thousand messages a day. The messages aim to influence the Jordanian public opinion towards the expatriate housemaids positively. Press materials prepared for this purpose shall be published through the media(Deserting Housemaids Study- Working Woman Friends Society in Cooperation with UNEFEM ).
198
Caritas Organization
This organization, out of its programs implemented in Jordan, made special programs to include the expatriate working women. The annual program included in the fourth article the social and legal assistance to the refugees and the expatriate women: 1. First aid at the clinics; 2. Social assistance; 3. Vocational education for students; 4. Legal assistance to refugees and expatriate housemaids; 5. Assistance to the Iraqis in Jordan; 6. Medication assistance, Clinics, hospitals, medicines and emergency aid; 7. Education for the Iraqi students; 8. Winter Aid campaign; 9. Volunteers, Caritas Community Committees Programs(Caritas Organization, caritas.net, 2007).
Conclusions
Through this preliminary study for some problems facing the expatriate housemaids working in Jordan, we found that: The violence, the maltreatment and the bad conditions that the housemaids working for Jordanian families are suffering, are merely a reflection of the social, cultural, religious and legal facts and deep rooted social heritage. Our societies are governed by the primitive Bedwen mentality and patriarchal behavioral system where there is no place for women except the marginal role, which is to serve the male master whose orders rather command to be always implemented. Some times and in some localities and communities, things exceed the limits to the extent of counting the woman as part of the male's property- possession as he has full liberty to manage what (Right Hand Possesses). Such reality will produce a behavioral system governing the relations inside the society and further breads a stance towards others, in particular who is coming from abroad looking for a job as he is called the "the bread-and-butter beggar" and he is looked down upon as he is of low grade and position!!!. This is the case for an ordinary work, how about the house "servants". This word has deeprooted meaning inherited from the ancient days and has negative perception related to the bondage days (bondmaid). In addition to that, the attitude towards the manual work is still negative, looked down upon and considered as the lowest grade of the scale. The dominating culture in labour market is the so- called "blemish Culture" which strengthens the negative attitude towards the work and labour. Thus, most of the women coming for housemaid job enter into an environment bearing all this heritage and negative attitude towards women. Most of these women enter into houses, which became rich recently. Their presence of the maid in such houses is not because of genuine need but mostly a dcor completing the so- called the "notability"!! We do acknowledge that there are cases that need the housemaid or nursemaid, but the fact is that most of the cases are not genuine. This is a part of the reality and this fact is supported in Jordan by the shortage and absence of legislations and laws supposed to protect the women in general and the expatriates in particular. The expatriates, even if some of them may be illiterate, are shocked by the reality, as most of them come from different cultures. These women were raised and grown up in environments of different cultures where the women occupy high status inside the house and in the social and public life of the society. She is the symbol of fertility, motherhood, kindness and tenderness. They are viewed with high respect in their countries and honour. After all, these women are faced with contempt and humiliation rather than she has no rights, dignity or human pride!. The breakout of such phenomenon without actual restrictions forms a real threat to our national social security. Raising the children in such environment dominated by such perception and practices will for sure produce individuals who bear the same thoughts towards women and labour and thereafter 199
European Journal of Social Sciences Volume 30, Number 1 (2012) towards life itself. This will deepen the backwardness and ignorance. In addition, the maids, who have just arrived and have not been acquainted with the nature of the society, its culture and requirements, cannot be entrusted with such sensitive and significant job like raising the children. This will lead to produce malformed generations, culturally and behaviorally that will contribute to the increase of backwardness and ignorance. As we call upon all parties concerned to have mercy upon our society and the future of our generations, we call them to work on providing healthy, violence free and free from all types of discrimination environment. We also call upon all concerned to unite and combine all efforts, official and popular, and on various levels and arenas to combat the violence phenomenon against the expatriate "women house workers" and treat them as human beings. We also call for systematic work to push our society forward and develop our mode of thinking as well as the behavioral system that enhances the preservation of our social security and protects our houses and families. Therefore, we find it is necessary and significant to call for the following: 1. Work on amendment of the Labour Law in order to cover the uncovered manpower such as the housemaids, restaurant and hotel workers etc.; 2. Amend the laws and rules of the Resident Permit and the Work Permit so as to be the responsibility of the recruiting party, employment office and the employer; 3. The government authorities, at the top of them the Ministry of Labour, should give priority and focus on the major problems facing the expatriate women: Create a data bank to cover the whereabouts of these women and follow up the changes that may occur, Monitor and record the violence and sexual assaults cases, Find mechanisms that will help decrease the desertion of the female workers who flee and resort to the police stations because of the violence. 4. Ministry of Labour, in cooperation with the Ministry of Social Development and the Ministry of Interior should establish shelters for the expatriate women who will provide temporary accommodation and protection till the dispute is over and she gets her arrears. Such shelter should comprise qualified staff to extend help, assistance and advise round the clock; 5. Establish a hotline to deal with the violence cases and extend the free social, psychological and legal consultation and advise to the expatriate women; 6. Open a medical clinic to take care of the expatriate women. The expatriate should report to such clinic periodically and that should be mentioned in the work contract. the employment office and the employer should be compelled to do this measure; 7. Form a pressure lobby consisting of lawyers to demand the application of the mechanisms of the implementation of the international agreements approved by the International Labour Organization and thereafter to include these agreements in the national laws; 8. Launch a comprehensive awareness raising campaign through the various media means, conducting workshops, and holding the necessary seminars in collaboration with various governmental and non- governmental organizations. The campaign should work on changing the prevailing typical views about this category; 9. Include the expatriate female workers in the awareness raising campaign with the cooperation of their embassies and the assistance of the employment and recruitment offices; 10. Conduct workshops for the owners and staff members of the employment agencies on ways of dealing with the expatriate women. Train the offices' staff and qualifying the how to deal with the female expatriate and to teach these expatriates how to get acquainted with the nature of the Jordanian family and society. 11. Expedite the issuance of the Protection from Trading with Human Being Law 200
References
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] World Employment Report 2007-2008. Phoenix Center for IT and economic Studies ( Jordan Trade Syndicate Movement Facts and Challenges) Amman- Jul 2006. The National Center for Human Rights, 2007. Ministry of Labour, Expatriate Working Women in Jordan Guide 2006. Deserting Housemaids Study- Working Woman Friends Society in Cooperation with UNEFEM Arab.net site 2008. Jordan News Agency, petra.net 2007. Report by journalist Mohammed Shamma, amman.net, 2006. Caritas Organization, caritas.net, 2007. Ministry of Labour, the Annual Report 2007. Interviews with random specimen of the expatriate women from Philippines, Sri Lanka and Indonesia. Statistics International Labour Office, 2004. The Jordan Statistics Department Reports 2008. AL Ghad newspaper dated 2008. Miyahuna.com.jo.
201
Copyright of European Journal of Social Science is the property of EuroJournals, Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.