Are They Forming an Alliance? Lebanon's
Oppressed: Domestic workers, Women, Palestinians
07 May 2012
By Franklin Lamb
University students surveyed last month in Lebanon on
the subject of how to improve their society and move
it in the direction of meeting international human and
civil rights norms identified three groups most in
urgent need of immediate Lebanese governmental action.
Not surprising perhaps, but nevertheless refreshing,
were the students' strongly expressed convictions,
regardless of particular sect, that those most
victimized by Lebanon's government and current laws
are the roughly 200,000 migrant domestic workers,
woman, who make up half of Lebanon's population, and
the estimated 250,000 Palestinian refugees waiting to
return to their country, Palestine.
Last month's suicide by domestic worker 33 years old
Alem Dechasa-Desisa, following a beating in front of
her Ethiopian Consulate by Ali Mahfouz and his
colleague, whose recruitment agency arranged for Alem
to work in Lebanon, was condemned across this country
and angered those watching the video of the beating on
LBCI TV.
This incident once more raised the near slavery plight
of workers from Sri Lanka, Ethiopia, Sudan, the
Philippines, and Nepal and elsewhere who are excluded
from the Lebanon's labor law. Among the triad of the
most wretched in Lebanon, domestic workers suffer the
most.
Once again, the Lebanese government issued a seemingly
pro forma statement to say it would investigate the
despicable abuse of domestic workers. Few here have
confidence that anything will come of the current
"investigation" any more than usually results from
police or ministry investigations of domestic workers
abuse. "The Lebanese authorities only opened an
investigation because they found themselves in the
media spotlight," Nadim Houry, the deputy Middle East
and North Africa director at Human Rights Watch, told
a news conference, adding that "The government
urgently needs to address the root causes that are
driving so many migrant domestic workers to despair."
More than a dozen civil society groups also cited a
culture of impunity when it comes to the abuse of
domestic workers in Lebanon.
In a 2008 study, Human Rights Watch found that there
had been an average of one death a week from unnatural
causes among domestic workers in Lebanon, including
suicides and unexplained falls from tall buildings.
Domestic workers are subject to restrictive
immigration rules based on employer-specific
sponsorship that puts workers at risk of exploitation
and makes it extremely difficult for them to leave
abusive employers, The Philippines, Ethiopia and other
countries have banned their citizens from working in
Lebanon due to the lack of protection from Lebanon yet
many still come here in order to work and send money
back home to their families.
According to HRW, the most common complaints
documented by the embassies of labor-sending countries
and civil society groups include mistreatment by
recruiters, non-payment or delayed payment of wages,
forced confinement to the workplace, a refusal to
provide any time off for the worker, forced labor, and
verbal and physical abuse. HRW also cited information
prepared by KAFA Violence & Exploitation, a Lebanese
women's rights group, concerning nine suspicious
deaths in August 2010.
A number of factors mean that MDWs often do not file
or pursue complaints against their employers, but
rather settle on unfavorable terms. These include lack
of judicial support, fear of counter charges and being
held in detention, and restrictive visa policies that
make it hard for MDWs to see through cases that can
take months or years to wend through the protracted
judicial process. For many, the need to earn money to
support their families, and the impulse of abused
workers to return home quickly prompts them to
withdraw their complaints rather than seek redress. A
Human Rights Watch review of 13 criminal cases that
MDWs brought against employers found they took an
average of 24 months to be resolved, while MDW
complaints for unpaid wages filed in civil courts
lasted between 21 and 54 months. Complaints brought
before labor courts, which are supposedly faster than
regular civil courts because their procedures are
simpler, lasted 32 months on average.
The wretched women of Lebanon– half of the population…
Lebanese law prevents women married to a non-Lebanese
from passing citizenship on to her children. Much like
the right to property, which women in Lebanon, like
Palestinians also don't enjoy fully, the value of
citizenship and family rights for women and their
children is meaningless when the state restricts
transferability. This means that many children born
and raised in Lebanon are required to regularly
reapply for permits to continue living in their birth
country.
Since Lebanese law does not provide a clear judicial
standard, children must deal with the administrative
maze of Lebanon's corrupt and notoriously inefficient
bureaucracy. As the children grow into adults, they
face restrictions on foreign labor, property ownership
and a host of other implications much like Palestinian
refugees. While diaspora Lebanese may have citizenship
from other countries, they can also claim Lebanese
citizenship via paternal consanguinity, but people
born and raised in Lebanon depend on the arbitrary
decisions of the security services.
Women also remain invisible in positions of formal
power such as Parliament. No women serve in Lebanon's
cabinet, while only four women our of 128 MP's – the
usual group of wives, sisters and daughters of high
ranking Lebanese officials – are Members of
Parliament.?? Some have proposed a quota for women in
Parliament. According to lawyer Anthony Elghossain "
in a political culture that derides women for being
outspoken and active, a quota would amount to little
more than a paper reform. Indeed, without changing
other aspects of Lebanese electoral law, a quota
system would probably add a bunch of "yes women" to
the flock of male sheep that is Lebanon's
legislature."
The question of "marital rape" also continues to make
a mockery of current Lebanese laws. Male rapists may
rape at will since their crime is not defined as rape
in the first place just so long as long as they are
married to the woman they rape or if they subsequently
propose marriage to their victims.
Nearly impossible as it is to believe, some in
Lebanon's Parliament such as Imad Hout told The Beirut
Daily Star last month that "[t]here's nothing called
rape between a husband and a wife," but only the act
of "forcing someone violently to have intercourse."
Whenever Parliament finally agrees to consider
changing domestic relations law, it always ends up
postponing serious consideration or a vote on
proposals with a press release saying in effect, "This
subject requires more study. Legislative action
deferred."
Palestinians need for basic civil rights including the
right to work and to own a home
Due to an educational effort on the subject of civil
rights for Palestinian refugees in Lebanon over the
past few years, this issue is perhaps better known
than the situation of domestic workers and women. But
the urgent need to change Lebanese to grant
Palestinians elementary civil rights is currently no
closer to being achieved than are the above cases.
However, given the recent increase in activism among
all three communities and their increasing inclination
to collaborate, there is reason for some optimism for
all three segments of Lebanese society which are
organizing with international and increased domestic
support
Currently the most dynamic action at organizing and
working for change is coming from women in the
Palestinian community. Long marginalized from key
roles in the refugee camp "popular committees"
Palestinian women in several of the 12 camps are
challenging the male domination of the camps. This is
particularly true in Bedawwi and Nahr al Bared camps
in north Lebanon where Palestinian NGO's such as
Najdeh ("help") are training and supporting women's
empowerment and urging them get involved in camp
management since women best know the needs of the
families and how to relate to them.
This dynamism is encouraging domestic workers to
organize as well as offering support for women's
groups to demand their rights. The coming months may
see more formal alliances among Lebanon's most
marginalized and wretched groups–domestic workers,
women and Palestinian refugees. With growing civil
society support for their efforts they may finally
achieve the dismantling of archaic Lebanese laws and
attitudes.
©
EsinIslam.Com
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