Introduction

This report will present a general overview of the subject of sexual assault of migrant workers in Israel, as well as several case studies currently handled by Kav LaOved, which demonstrate the prevalent difficulties and problems. We will conclude this report with out recommendations for changing and improving the status quo.

It’s important to state at the outset that even though Kav LaOved handles hundreds of cases per year regarding sexually assaulted migrant workers, we find it difficult to asses the scope of the phenomenon. This is due to the fact that our organization operates in many ways (phone hotline, personal interviews, distribution of information pamphlets, lawsuits etc), and we have no records of how many people used our information leaflets or our hotlines to receive information regarding their rights as sexual assault victims.

We have also found that on many occasions where migrant workers were sexually assaulted, they do not wish to include the sexual aspect in their complaints for various reasons described below, so the information we have on file (through records of counseling meetings and court files) does not accurately track sexual assault victims. We can only assume that the scope of the problem is much greater than the data we have at Kav LaOved indicates.

This can be corroborated through our daily interaction with female migrant workers. We have learned that sexual assault is a widespread and well known fact. Many female migrant workers who come into our offices for consultation regarding their rights often tell a story that also involves sexual assault of varying degrees.

We are currently launching a program to increase awareness through leaflets focusing on sexual assault and are in the process of strengthening our legal actions in this regard. 


Background 

Sexual assault of female migrant workers by their employers, especially those working in nursing and housekeeping, is a widespread phenomenon in Israel, as in other countries that base employment in these areas on migrant workers from “developing countries”. This phenomenon is closely related to the unique vulnerability of workers that stems from several factors.

The first factors are the economical and social predicament of female migrant workers. These workers come to Israel from circumstances of economical distress in order to help their families’ income. Like all migrant workers coming to work legally in Israel, women workers pay thousands of dollars in illegally charged mediation fees to manpower agencies and brokers in Israel and in their country of origin. In many cases they take out loans at exorbitant interest rates to finance these fees, and plan to return the loans from their future income in Israel. This creates a strong economical dependency between migrant workers and their employers that has ramifications on female migrant workers who suffer sexual exploitation.

The social weakness of migrant women workers stems from being strangers in a strange land. They do not know the local language and customs, and often speak very poor English. They have no knowledge of Israeli law, and often mistake their employer’s behavior as legal. They fear dismissal and loss of their work permit. They fear the police and the immigration authorities who have a very bad reputation among migrant workers, especially if they are here illegally. They fear losing their accommodation (at their employer’s house), and most of them cannot afford to pay rent. Some of them come from countries (like Nepal) that have no diplomatic representation in Israel, and do not know who to turn to for help and assistance.

The following testimonial by B. illustrates the difficulties caused by migrant workers' social predicaments. B. comes from Thailand, and has a legal work permit for employment in agriculture. She only speaks Thai. Since her arrival in Israel B was regularly forced to have sex with her employer, believing his claim that it was part of her contract. For two years B. kept quiet, while enduring her employer’s sexual advances constantly. She didn’t know where she could go to seek help and advice. In addition, B.’s employer demanded that on top of her agriculture work, she service his friends and customers, giving them massages. In one case one of the customers demanded a full body massage on his genitals. B. refused and fled the scene. Soon after she turned to the woman in charge of the employees in the farm, and recounted the incident. When her employer found out about her complaint he demanded she pack her belongings and drove her to the airport in order to forcefully deport her. At Kav LaOved’s intervention the immigration police stepped in and her deportation was prevented. Upon her return from the airport and throughout the process of finding alternate employment and filing a legal complaint against her former employer, B. has been staying with volunteers from Kav LaOved, who offered her help until her status was resolved.

When discussing the inherent disadvantage of women migrant workers in Israel, we need to look closely at the ways in which the authorities contribute to creating and substantiating this vulnerability. It is the government that created and is enforcing the “binding arrangement”, tying the legal status of a worker to a specific employer, identified in the worker's visa. A worker who leaves her designated employer without suitable bureaucratic arrangements and finding an alternative employer within short period of time may be deported. This way the authorities reinforce the domination of employers, and enhance the terror felt by individuals suffering abuse.

The government chose to delegate the recruitment of migrant workers to subcontractors, and does not intervene in their doings. The broker companies are profit driven and charge outrageous illegal commissions with no government control or supervision. In this way the economical dependency of the migrant workers on their employers can only grow.

The following testimonial from A. clearly shows how the state is a contributing factor to establishing the economical dependency of female migrant workers on their employers. A. comes from Moldova and has a permit to work in nursing. Her employer was a diabetic in a wheel chair (with both legs amputated), who was under the “supervision” of the Ministry of Industry Trade and Labor because of prior complaints of sexual harassment. None of the authorities bothered to tell A. of her employer's sordid past, or considered revoking his license to employ female migrant workers. Throughout her employment, A. was harassed by her employer who used to touch her behind, and demanded that she wash and rub his genitals. After two months he demanded she move into his bedroom. He would restrict her movement, claiming she has to take care of him 24 hours a day. He would not allow her to leave the apartment, and even tried to prevent her from making local contacts. Several workers who substituted for A. on Sundays (her day off) refused to come back because of repeated sexual advances. Representatives from the Ministry would come in from time to time to check up on things. They would inquire about A. and ask if she was being bothered by her employer. Prior to each visit the employer would rearrange A.’s room (a storage room), and warn her not to say anything to the inspectors, or he would see to it that she would be deported with “whore” stamped in her passport. He would say that it was obvious they would believe him and not her, because he was Israeli. A. was terrified into lying to the inspectors, telling them all was OK. Despite this impossible situation A. remained with this employer, because the employment agency refused to transfer her. As A. had to send her salary back to Moldova to repay the loan she had taken to finance the brokerage fees, she could not make any moves without the employment agency. She was terrified that they might deport her while she was still in debt. 


Domestic care-workers 

Female migrant workers employed as care-workers for the elderly or disabled are the most vulnerable to sexual assault due to the special circumstances of this type of work. In most cases care-work requires living in the patient/employers’ home and a close physical interaction with the patient (washing, dressing, using the toilet). Living and working “around the clock” does not allow for clearly defined boundaries between working hours and time off, and in many cases creates a situation of social isolation.

Female migrant care-workers are also socially vulnerable due to the way they are perceived and treated by the patient’s family. We’ve had close contact with patients and families, and documented numerous accounts by workers. We find that in many cases employers/patients and families perceive their employee with racism, sexism and a distorted understanding of work relations, tending to see the worker as their “property”. More often than not, employers' families tend to look upon care-workers as their slaves, obligated to serve the family in any way they demand. The care-worker is often asked to do laundry, take care of the kids, cook and clean for the whole family, and is sometimes even loaned out to friends with no extra pay.

We find that families are, in many cases an active contributor to the sexual harassment of the care-worker. Care-workers are vulnerable to sexual advances not only by the patient/employer, but in many cases by family members (sons, grandchildren etc.). We have also found that members of the family who are aware of the sexual advances of the patient/employer act as emissaries, and lobby for him, if the nurse refuses his advances. They threaten dismissal, say that it’s all part of the job, etc.

The following testimonial from N. shows how the family contributes to the sexual exploitation of the migrant care-worker. N. is a nurse from Nepal, who came to Israel with a permit to work for a certain patient. The patient/employer’s son, who lives in the same apartment, demanded that N. have sex with him shortly after her arrival. He threatened that if she did not comply, he would call the immigration police and make her life very difficult. For more than a month N. had to endure non consensual sex with the son. As a result of repeated rapes, she became pregnant and had to have an abortion. When N.'s mental state deteriorated, the son called the police and claimed that N. abused his mother. She was arrested. She was released after meeting with a public defense attorney, and telling him her tragic tale. When N. managed to locate a new employer, she was refused the renewal of her visa by the Ministry of Interior, claiming that she was not eligible to renew her permit, as she had spent time in custody (due to the false charges against her). It took Kav LaOved’s intervention to get the Interior Ministry to grant N. a new permit for her new job.

Complaints by migrant care-workers concerning sexual harassment and assault are often met with suspicion and distrust, especially if the patient is elderly or handicapped. We have evidence of cases, where elderly (70 years old and above) and handicapped patients/employers assault their care-workers.


The authorities, their faults, and how to make a change

At this point we would like to describe some of the deficiencies in the actions taken by the authorities regarding sexual assaults on female migrant workers, and make some suggestions for improving the status quo. 


A shelter for abused female migrant workers

It is appalling, but the fact is that there is no shelter for abused female migrant workers, whether they have been sexually assaulted or suffer forced labor and slavery. The “Maagan” shelter was established in 2004 for victims of human trafficking, but they house only victims of trafficking for the sex industry.

In 2006, following legislation forbidding human trafficking, the definition of trafficking was expanded to include trafficking in humans for forced labor or slavery (In accordance with section 375a(a) the maximum penalty for holding people under duress for the purpose of work or services including sex is 16 years in jail). It is now up to the state to uphold its duties towards victims of human trafficking in accordance with Israeli and international law, and provide “physical, psychological and social recovery” means including lodging (as per article 6 of the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children", which Israel signed in 2001).

As a rule, many of the female migrant workers who have suffered sexual abuse by an employer or his family are also victims of coerced labor and therefore establishing a shelter may be an answer to some of their needs. As to those who have “only” gone through sexual abuse, it is our opinion that the shelter should accommodate them for the interim period, pending placement with a new employer and receiving a new valid work permit. We need to bear in mind that these women are foreign, and do not have a support network of welfare services or friends and family in Israel. The absence of a proper shelter magnifies the stronghold of employers on victims, and forces them either to stay on at the abusive home or out in the street.

Migrant workers do not enjoy the benefits of national healthcare, but are insured privately, and have no access to psychological assistance (section 3(1)(a), of the Israeli migrant workers decree (worker's medical services), 2001). We believe that the main aspects of sexual abuse are psychological, and therefore services provided for victims of forced labor, slavery and sexual assault should include medical and psychological help.

We wish to clarify that we believe there should be separate shelters for victims of forced labor and sexual assault, and that in no way should they be placed with victims of trafficking and prostitution. All are victims, but we believe that their needs and care vary considerably and require a separate setup. There is a need to prevent labor and sexual assault victims from suffering what they may perceive as adding insult to injury, if they are put together with victims of trafficking for prostitution. For some of the victims premarital intercourse, even if forced, is tantamount to prostitution.

As you can see from the testimonials above, in the absence of a proper shelter human rights activist sometime have to share their homes with labor and sexual assault victims. If a volunteer is not available, victims are lodged in detention facilities, contradicting all international commitments Israel signed.


Creating a supervision mechanism of working conditions by social workers

Social workers visit employers' homes from time to time. They are required to visit prior to the migrant worker’s arrival and shortly after in accordance with Ministry rules. The employment agency is required to submit quarterly reviews to the Ministry of Industry, Trade and Labor regarding employment of migrant workers, together with a social worker’s report of their visit.

Kav LaOved believes that the visit should include private separate interviews with the employer and the worker, distribution of info leaflets in the worker’s native language detailing her (or his) rights, specific questions regarding sexual misconduct and in certain cases briefing of her rights in case of an assault. The social worker should be independent, employed by the state and not by the employment agency, to ensure objectivity of reporting. 


Revoking permits from criminal employers

It is our unequivocal opinion that employment permits should be immediately revoked if an employer committed any kind of sexual assault. We cannot agree to “supervision” by the Ministry of Industry, Trade and Labor of known perpetrators by random inspections. These means are impotent as can be seen from A.’s story as recounted above. They have no power to prevent recurrence of abuse or diminish the employer’s potential danger to the worker.

Regretfully, the Ministry of Industry, Trade and Labor does not use its authority to revoke perpetrators' licenses to employ care-workers (as they do in agriculture), probably because of the difficult personal circumstances of the elderly or disabled employers/patients. We believe this attitude is inadequate and illegal. Sending a domestic care-worker to the employment of a repeated offender without supervision and information is a statement of extreme criminal indifference and negligence on the Ministry’s part.

The ministry of commerce should use its authority and revoke permits, when warranted, even if the employer is disabled or elderly. No one has an acquired right to employ a migrant worker (see supreme court ruling 9722/04 Polgat inc. vs. the Israeli government, paragraph 7 of verdict by judge Prokatcha dated Dec. 7, 2006). An employment permit is a privilege and should be treated as such. Any migrant worker has the inherent right to protect herself, her body, her honor and her autonomy, and should not be sent knowingly to work for a documented offender.

In case of a revoked permit the employer can use local nurses who do not require a permit, and are more inclined to stand up for their rights, or move to a nursing home. Any employer who commits a sexual felony should be immediately investigated and, if necessary, charged, regardless of whether they employ migrant or Israeli workers. 


Police investigations
 
There are two authorities that investigate offences against migrant workers: the immigration police and the Israeli police. Serious crimes involving bodily harm are investigated by the Israeli police. Other crimes related to exploitation are investigated by the immigration police. A worker who comes in to lodge a complaint with the immigration police cannot be interrogated by them even if she is not legally employed. An “immunity” document is then sometimes issued to prevent detention. Paradoxically, the Israeli police (which also cannot arrest illegally employed workers registering complaints), investigating much more serious offences, does not issue "immunity" documents, leaving the plaintiff vulnerable to detention and deportation. The police should be instructed to issue "immunity" documents to workers who come in to report sexual offences.

Another issue is the lack of translators during police investigations. In general, workers from the Philippines speak English, but women who come from Thailand, Nepal or Sari Lanka, speak poor English at best, and are the most vulnerable to assaults.

Kav LaOved assists the police from time to time by sending in volunteer translators or by locating a friend of the worker who can speak English, but we cannot always help out. Moreover, such translators are sometimes discredited by defense attorneys in courts. We believe that the police have to locate and employ translators in the relevant languages; their absence is a major hindrance to thorough investigation of offences against female migrant workers.