Sex Offender Hires Migrant Worker: Who Ensures Caregivers' Safety?

2024/08/02News

Press Release by Serve the People Association

Serve the People Association, along with the offices of Legislators Lin Shu-fen and Hung Shen-han, the Alliance to End Human Trafficking, Rerum Novarum Center, Domestic Caretaker Union (DCU), and the Taiwan Obasang Political Equality Party (TOPEP), held a press conference today (August 2) at the Legislative Yuan. The conference addressed the case of Miss A, a migrant worker who had been sexually assaulted by her employer, a known sex offender. Miss A, who had been abused and imprisoned for nine months, attended the conference with a translator.

During the press conference, participants chanted slogans such as, "Sex offenders roam free! Labor system remains clueless!", "Can't track criminals! Who ensures caregivers' safety?", "Ineffective inspections! Keelung City Government condones sexual crimes!", and "Cover-up? Keelung City Government is culpable!" before delivering their statements.

Miss A, through a translator, described her ordeal of being sexually assaulted, beaten with electrical wires, and having her wounds sprayed with chemicals, leading to severe infections. She shared photos of her injuries and broke down in tears, expressing her hope that no one else would suffer as she did.

Serve the People Association Director Hsiao Yi-tsai explained that the investigation revealed the employer was a long-wanted sex offender. The government lacks regulations to prevent individuals with serious criminal records from hiring migrant workers, allowing this employer to continue his heinous acts. Hsiao also criticized the Keelung City Government Social Affairs Department for failing to conduct required visits to the workplace and residence of newly arrived or newly hired foreign workers, as mandated by Article 34-1 of the Regulations on the Permission and Administration of the Employment of Foreign Workers. Miss A had been working for the employer since September 2022 without any visits from Keelung City officials, who were unaware she did not live with the person she was hired to care for. Upon learning about the upcoming press conference, a Keelung City Labor Bureau official reportedly barged into the Serve the People Association office on August 1, attempting to intimidate Miss A.

Legislator Lin Shu-fen highlighted that from 2007 to 2023, there were 1,363 reported cases of migrant workers being sexually assaulted, with 92.85% of the victims being home caregivers. She questioned how the employer, who had been wanted since 2011, could use his name to hire a caregiver without detection by Keelung City Government. Lin demanded the city government improve its inspection protocols and conduct genuine visits.

Legislator Hung Shen-han stated that this incident severely damages Taiwan's international image. A government-wanted criminal should be imprisoned, not allowed to hire and abuse foreign workers. He criticized Keelung City Government for failing to enforce Article 34 of the Regulations on the Permission and Administration of the Employment of Foreign Workers. If the city government had conducted proper inspections, they would have discovered the caregiver was not attending to the employer's father, potentially preventing this tragedy. Hung also emphasized that the Labor Affairs Administration should protect workers' personal safety, ensuring freedom from harm and detention.

Rerum Novarum Center Supervisor Lee Cheng-hsin shared that many migrant workers are unaware of their rights and struggle to express their difficulties. Inspectors must have the language skills, sensitivity, and cultural awareness to identify issues within the private spaces where caregivers work. Lee recommended enhancing migrant workers' self-protection awareness through one-stop service promotion.

Attorney Chen Yi-chun from the Alliance to End Human Trafficking suggested that the Ministry of Labor require criminal record checks for employers, care recipients, and co-residing family members when reviewing domestic caregiver permit applications. This would involve checking through the National Police Agency's wanted persons database to protect migrant workers' safety.

DCU Secretary-General Huang Tzu-hua highlighted the absurdity that while migrant workers must provide a clean police record, a wanted criminal could hire them. Caregivers often lack privacy, cannot lock doors, and are isolated with restricted communication. Huang suggested that employers with serious criminal backgrounds be restricted to hiring male workers to better protect female migrants.

TOPEP Secretary-General Ho Yu-jung supported the conference's demands and called for integrating migrant caregivers into the long-term care system as part of public care, allowing care institutions to become employers and ensuring proper labor protection.

Labor Affairs Administration Chief Su Yu-kuo responded that, according to Article 54 of the Employment Service Act, employers with serious criminal offenses are restricted from hiring foreign workers for two years. However, this regulation does not cover wanted or unindicted individuals. Su promised to review and amend the current regulations to include these criteria.

Finally, the Serve the People Association outlined their demands:

  1. The Ministry of Labor should enforce stringent qualifications for employers hiring foreign workers, including background checks through the Ministry of Justice and police systems to prevent individuals with serious criminal offenses from employing foreign workers.
  2. The Keelung City Government should be held accountable for failing to conduct required inspections and should hire Indonesian interpreters to assist with migrant worker visits and labor disputes.
  3. Given the isolated and vulnerable conditions of foreign caregivers, local labor bureaus should adopt a telephone follow-up inspection plan, similar to those implemented in New Taipei City and Taoyuan City, to continually support new and previously reported migrant workers.

Contact: Hsiao Yi-tsai 0928-790030

Photo by Jia Lang / Miss. A