Rizana Nafeek was a child herself -- 17 years old, according to her
birth certificate -- when a four-month-old baby died in her care in
Saudi Arabia. She had migrated from Sri Lanka only weeks earlier to be a
domestic worker for a Saudi family.
Although Rizana said the
baby died in a choking accident, Saudi courts convicted her of murder
and sentenced her to death. On Wednesday, the Saudi government carried
out the sentence in a gruesome fashion, by beheading Rizana.
Jo Becker Rizana's case was rife
with problems from the beginning. A recruitment agency in Sri Lanka knew
she was legally too young to migrate, but she had falsified papers to
say she was 23. After the baby died, Rizana gave a confession that she
said was made under duress -- she later retracted it. She had no lawyer
to defend her until after she was sentenced to death and no competent
interpreter during her trial. Her sentence violated international law,
which prohibits the death penalty for crimes committed before age 18.
Rizana's fate should
arouse international outrage. But it should also spotlight the
precarious existence of other domestic workers. At least 1.5 million
work in Saudi Arabia alone and more than 50 million -- mainly women and
girls -- are employed worldwide according to the International Labour
Organization (ILO).
Again according to the
ILO, the number
of domestic workers worldwide has grown by more than 50%
since the mid-1990s. Many, like Rizana, seek employment in foreign
countries where they may be unfamiliar with the language and legal
system and have few rights.
When Rizana traveled to
Saudi Arabia, for example, she may not have known that many Saudi
employers confiscate domestic workers' passports and confine them inside
their home, cutting them off from the outside world and sources of
help.
It is unlikely that
anyone ever told her about Saudi Arabia's flawed criminal justice system
or that while many domestic workers find kind employers who treat them
well, others are forced to work for months or even years without pay and
subjected to physical or sexual abuse.
Passport photo of Rizana Nafeek
Conditions for migrant
domestic workers in Saudi Arabia are among some of the worst, but
domestic workers in other countries rarely enjoy the same rights as
other workers. In a new report this week, the International Labour
Organization says that nearly 30% of the world's domestic workers are
completely excluded from national labor laws. They typically earn only
40% of the average wage of other workers. Forty-five percent aren't even
entitled by law to a weekly day off.
Last year, I interviewed
young girls in Morocco who worked 12 hours a day, 7 days a week for a
fraction of the minimum wage. One girl began working at age 12 and told
me: "I don't mind working, but to be beaten and not to have enough food,
this is the hardest part."
Many governments have
finally begun to recognize the risks and exploitation domestic workers
face. During 2012, dozens of countries took action to strengthen
protections for domestic workers. Thailand, and Singapore approved
measures to give domestic workers a weekly day off, while Venezuela and
the Philippines adopted broad laws for domestic workers ensuring a
minimum wage, paid holidays, and limits to their working hours. Brazil
is amending its constitution to state that domestic workers have all the
same rights as other workers. Bahrain codified access to mediation of
labor disputes.
Perhaps most
significantly, eight countries acted in 2012 to ratify -- and therefore
be legally bound by -- the Domestic Workers Convention, with more poised
to follow suit this year. The convention is a groundbreaking treaty
adopted in 2011 to guarantee domestic workers the same protections
available to other workers, including weekly days off, effective
complaints procedures and protection from violence.
The Convention also has
specific protections for domestic workers under the age of 18 and
provisions for regulating and monitoring recruitment agencies. All
governments should ratify the convention.
Many reforms are needed
to prevent another tragic case like that of Rizana Nafeek. The obvious
one is for Saudi Arabia to stop its use of the death penalty and end its
outlier status as one of only three countries worldwide to execute
people for crimes committed while a child.
Labor reforms are also
critically important. They may have prevented the recruitment of a 17
year old for migration abroad in the first place. And they can protect
millions of other domestic workers who labor with precariously few
guarantees for their safety and rights.
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