Migrant workers and Abortion Violation of rights in Malaysia

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Migrant workers and Abortion Violation of rights
in Malaysia
by Dr SP Choong Co-chair Reproductive Advocacy
Alliance Malaysia SC Member Asia Safe Abortion
Partnership. UN Office of Human Rights - Global
Seminar on Human Rights of Migrant Workers. 27
to 28 September 2015 , Shangrila Hotel, Bangkok.
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28th September. International Day of Action for
Access to Safe Abortion. Save women's lives!
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Points to Raise

• Workers Rights to Reproductive Health services
• Rights of Association - Romantically
• Discriminatory application of Abortion law.
• Inhuman treatment by Enforcement agents.
• Authorities reluctance to address Abortion Stigma
  despite permissive law.

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On October 13th 2014.Nirmala became the first
woman to be charged for abortion in a registered
clinic
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Shocking to medical circles

• Because under penal code section 312
• Abortion became Legal in Malaysia since 1989.
• The Penal Code Amendment Act (1989) allows a
  medical practitioner registered under the 1971
  Medical Act to terminate the pregnancy of a
  woman (i.e. to cause a miscarriage in legal
  language) under a wide range of conditions which
  are considered permissive by international
  standards (WHO).
• meaning all medical doctors practicing legally
  in this country.

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Legal under what conditions?

• 1. Doctors Opinion if such medical practitioner
  is of the opinion, formed in good faith.
• 2. Assessment of Risks the continuance of the
  pregnancy would involve
• Risk to the life of the pregnant woman or
• Risk of injury to the mental and physical health
  of the pregnant woman
• Risk being greater than if the pregnancy were
  terminated
• Quote Section 312, Penal Code in . MOH guide,
  MMA Medical Ethics

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BUT - How action was taken against Nirmala

• Misapplication of penal code section 315
  criminalizing an act done to prevent a child
  from being born alive or to cause it to die after
  birth
• In Malaysia, it has been only applied to
  terminations when the fetus is viable after 24
  weeks gestation. (also UK practice)
• An attempt by DPP to apply this to early
  pregnancies allowed by section 312.

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Immediate NGO efforts to alert Authorities

• Working behind the scenes
• Arranged meeting with contacts in Medical
  Associations, Ministry of Health, Attorney
  Generals office.
• Discussing misapplication of law.
• No action taken to withdraw case.
• Bureaucrats must not lose face?

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Migrant workers in Malaysia.Overview

• My clinic experience in providing reproductive
  health services for women migrant workers.
• In multinational as operators in electronics,
  garments etc
• In domestic work.
• Coming from Indonesian, Vietnam, Nepal, Cambodia
  and Myanmar.

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Reproductive health problems.

• Regulations for migrant workers include annual
  health checks, regulated by Ministry of Health.
• Infectious diseases a top priority but pregnancy
  is an essential bar.
• Contract terms include not having romantic
  relationships
• Pregnant workers either seek abortion or are
  dismissed and sent home to continue pregnancy.

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Figures and Causes - reality

• Mostly young women are under 25yrs - thus would
  be sexually active.
• No provision for FP advice and services.
• In an open reproductive health clinic in Penang
  30 are migrant workers seeking abortions
  (about 60 a month).
• Many prefer to keep their jobs than keep
  pregnancy.
• Problem of timing of annual medical checks w
  Pregnancy tests.

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Nirmalas story An unprecedented case

• Nirmala a young a Nepali migrant worker came to
  Penang tp work in Sony in late 2013.
• Paid agent 1000 USD to get work permitand job for
  3 years- salary approx 300 USD/month.
• Got pregnant in October 2014, seeked and under
  went abortion by GP when 6 weeks pregnant.
• When procedure was completed an MOH inspector
  decided to make police report and arranged
  sensational media raid and arrest.

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Demeaning process in between

• High profile arrest made in factory floor where
  she had to change into prison garb.
• Placed in Police lockup for 1 month awaiting
  interpreter
• Accompanied by Hindi interpreter (not Nepali) but
  judge allowed hearing.
• Distressed and confused she pleaded guilty.
• Sentence to 12 months jail.

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NGOs take court action.

• After 3 months in Jail, NGO reps visited jail.
• Discovery, she didnt understand the charge read
  to her in court.
• Also there was no legal counsel present.
• Sony HR officer agreed with verdict.
• Embassy informed but nothing done.
• Appeal to High Court, declared mistrial, Nirmala
  released on Bail.

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First woman to be charged and convicted of
illegal abortion.
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Prolonged prosecution case

• New trial proceeds.
• Although now not guilty, Sony refuses to take her
  back.
• No letter of dismissal given.
• Trial proceeds on bimonthly hearings.
• All witnesses called except doctor who did
  procedure.
• Unable to prove abortipn took place - finally
  doctorr was called.

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Closure - Eight months later
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Doctors testimony

• Defence used WHO definition of Health.
• Not only free from sickness
• Complete state of physician, mental, social and
  psychological health.
• Also linking mental health potential suicide
• Section 315 allows abortion to save life of
  mother even if applied to all pregnancies.

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Problems of of Penal Code Abortion STIGMA

• General public, health providers, enforcement
  agencies the media and NGOs - low awareness of
  significance 1989 Penal Code Amendments.
• Amendment in parliament in 1989 - very low key.
• Media and politicians continue to misrepresent
  legal status.
• Medical and Nursing school side step abortion
  issue.
• MMC ethical guidelines published in 1988 before
  the 1989 amendment has not been updated since.

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Problems of Migrant Workers regulations

• Romantic relationships can be included in
  contract.
• Refusal of a basic right of association.
• Reproductive health not addressed.
• Abortion law not recognized.
• Premature expulsion of migrant workers benefit
  the agencies?
• Inhuman treatment of workers by authorities.

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A happy ending?