**4. Literature review**

#### **4.1 Sexual violence against migrant women workers**

Since the early 1970s, sexual violence against women has become a central topic for women's liberation movement. Many researches, interventions and strategies have emerged to deal with many forms of sexual violence. However, only few researches have investigated this issue based on the perspective of the victim or in relation to migrant women workers.

Over the past ten years, there has been an extensive literature on the topic of global migration, particularly on the political economy of maid trade (Gibson, Law and McKay, 2001; Cheng, 2003; Lyons, 2007). Some feminist researches focused on the links between intrahousehold dynamics and migration (Chang, 2000;Yeoh and Huang, 1998 &2000; Lan, 2003a). Others explored the situation faced by migrant women workers (Abu-Habib, 1998; Huang and Yeoh, 2003; Loveband, 2004; Mantouvalou, 2006). But only few researches examined sexual violence against female migrant workers in their employments (Huang and Yeoh, 2007). Indeed, the empirical research on sexual abuse against female migrant workers is scant (Bach, 2003). Many studies only mention such sexual abuse but usually do

In 1989, Taiwan opened its gate to migrant workers. In 1992, foreign women can legally enter Taiwan as domestic workers and caregivers for the chronically ill, the elderly and the very young. Family could apply for live-in care workers based on the scores of the Activities of Daily Living (ADL) since then. Each year thousands of females from Southeast Asia enter Taiwan to work as care and domestic workers. Most migrant women workers work long hours up to 14-18 hours daily, without regular days off, for minimum wage (NT\$ 17,942, approximately US\$ 600). Migrant live-in workers are rarely allowed outside and are often prohibited from speaking with neighbors and outsiders. Even worse, this live-in working situation sometimes becomes a situation of abuse at the hands of their employers (Pan and

Migrant women workers come to Taiwan to materially improve the lives of their families. However, to work in Taiwan these migrant women workers must ask the bank for a high interest loan. Repaying this money can cost over two-thirds of their salaries during their first year of work, and leave very little money to support their families. Most live-in care workers therefore hope to stay in the same household throughout their three-year working contract without being transferred to another employer. Immigration policy and labor law originally limited female migrant workers in Taiwan to a stay of just three years and this stay was extended to six years in 2007. This stay was extended to nine years in late 2008, and the requirement that they must work for the same employer throughout this period was

According to Taiwan labor law, all migrant workers must be paid at least with the minimum wage. It is not uncommon to hear reports of live-in care workers being paid less than the minimum wage. Many live-in care workers find themselves working nearly around the clock, seven days a week. Some live-in workers are subjected to physical battery and sexual assault, but rarely reported to the police office because of the language barrier and their isolated living and working conditions. In the absence of hard evidence, accusations of sexual assault by their employers are more likely to lead to deportation than the redressing

Since the early 1970s, sexual violence against women has become a central topic for women's liberation movement. Many researches, interventions and strategies have emerged to deal with many forms of sexual violence. However, only few researches have investigated this issue based on the perspective of the victim or in relation to migrant women workers. Over the past ten years, there has been an extensive literature on the topic of global migration, particularly on the political economy of maid trade (Gibson, Law and McKay, 2001; Cheng, 2003; Lyons, 2007). Some feminist researches focused on the links between intrahousehold dynamics and migration (Chang, 2000;Yeoh and Huang, 1998 &2000; Lan, 2003a). Others explored the situation faced by migrant women workers (Abu-Habib, 1998; Huang and Yeoh, 2003; Loveband, 2004; Mantouvalou, 2006). But only few researches examined sexual violence against female migrant workers in their employments (Huang and Yeoh, 2007). Indeed, the empirical research on sexual abuse against female migrant workers is scant (Bach, 2003). Many studies only mention such sexual abuse but usually do

Yang 2011).

removed.

of their grievances.

**4. Literature review** 

**4.1 Sexual violence against migrant women workers** 

not further analyze it. Even on those rare occasions when analysis is conducted, it tends to focus on general working conditions.

Recently, discussion on sexual abuse against migrant women workers has been from ILO (2003) and Human Rights Watch (2005). According to Human Rights Watch (2005), sexual abuse is likely to be underreported owing to the isolation of live-in care workers in the workplace and the deep social stigma attached to sexual assault. Huang and Yeoh (2007) investigated maid abuse in Singapore by using data from court transcripts and press reports and noted that most cases of physical abuse are perpetrated by women while most cases of sexual abuse are perpetrated by men.

Aihwa Ong (1991) argued that violence against live-in domestic workers in Asian families cannot ignore how the family and cultural norms shape family dynamics and relations in everyday life. In Taiwan, gender orders are deeply rooted in the traditional culture which is characterized by patriarchal family structure and the maintenance of traditional gender roles. This patriarchal culture encourages women to internalize values involving endurance and submission to maintain family harmony and moreover expects women to identify with family, by acting as self-sacrificing mothers, wives, and daughters. The influences of patriarchal gender orders on gender relations in everyday life maintain male dominance and female subordination within the family.

In Taiwan, many studies of migrant women workers have identified the power disparities between migrant women workers and their employers. But the power between employers and migrant workers is not monolithic and static. In her study on the dynamics involved in the relationships between Filipina domestics and their Taiwanese female employers, Cheng (2004) observed that globalization has introduced different relations and power dynamics within the private sphere. Taiwanese female employers redefine their domestic roles as household managers but struggle with deep anxieties associated with their womanhood and motherhood. Lan (2000, 2003b) also supported this argument by indicating that both live-in care workers and their employers negotiate their boundaries in the domestic politics of food, space, and privacy from one another on a daily basis.

Although replacing female family roles through their work, live-in care workers did not enjoy the same power as true female family members. Under the logic of kinship, which emphasizes blood and marital relations, live-in care workers are excluded and even seen as strangers. This position renders them powerless within the household. For instance, migrant women workers must obey all members of the family, even including young children. No regulations specify what work live-in domestic workers should or should not perform, and thus they are forced to provide twenty-four-hour care and perform endless household duties. If the families of their employers are dissatisfied with their work, migrant women workers are blamed or even beaten by their employers.

The working conditions of live-in care workers can be exacerbated by family kinship relationships. Unlike the West, in Taiwan, 'the family' signifies not a household but rather a network of family relationships that can include multiple households. In Taiwan, close relatives typically maintain close relationships by living either together or in close proximity to one another. However, while the provision of mutual support has many benefits, excessive emphasis on kinship ties can create problems for outsiders.

Table 1 lists the characteristics of the five migrant domestic workers who experienced sexual abuse by their employers (all identified by pseudonyms). Three of the five are from Vietnam, and two are from Indonesia and they are in their thirties and early forties. All but one was married and had children. All had experienced overwork, and some also had experienced inadequate rest and food. Additionally, they were frequently prevented from contacting friends, threatened with deportation, and subject to withholding of salary and

by the brother of her employer.

hands of the father of her employer.

abuse at the hands of her employer.

hands of the father of her employer.

Table 1. Portraits of Sexual Violence against Migrant Women Workers

workers in the Taiwanese households in which they worked.

at the hands of her employer and his father.

All of the interviews were audio recorded and transcribed. Each transcript was checked and read by two persons, the researcher and research assistant, to maximize familiarity with the phenomenon of abuse and ensure consistent interpretation. Thematic analysis was adopted for the data analysis. Data were interpreted based on categories related to socio-cultural contexts, family care and housework arrangements in everyday situations, and the concept of micro disciplinary technology was adopted to describe physical and sexual abuse. This study also probed scenarios and activities that can be identified and assigned to thematic interpretations of the problems of sexual abuse faced by these five migrant domestic

This study conducted a documentary analysis of the newspaper reports and court transcripts to understand the situation faced by sexually abused migrant women workers. Since 1992, there were approximately 104 cases of sexual violence against live-in care workers reported by the newspapers. Perpetrators of fifty-five cases (approximately 53%)

reported by the newspapers were sentenced while 49 cases were not guilty.

A 39 year old married Vietnamese woman who was sexually assaulted

A 36 year old married Indonesian woman who suffered physical abuse at the hands of the mother of her employer and sexual abuse at the

A 44 year old single Vietnamese woman who suffered sexual assaults

A 30 year old married Indonesian woman who suffered physical abuse at the hands of the mother of her employer and sexual assault at the

A 48 year old married Vietnamese woman who suffered severe physical abuse at the hand of the wife of her employer and sexual

**5.3 Participants** 

documentation.

Beauty

Omar

Snow

Kim

Lisa

**5.4 Data analysis** 

**5.5 Documentary analysis** 

Name Portraits

In sum, patrilineal kinship reinforces the power disparities between migrant women workers and their employers. However, the institutions of both immigration and labor system support this exploitation by patriarchal culture. Global migration can transform the traditional patriarchy faced by live-in care workers in their natal families, but the living and working conditions they face during their employment tie them to a multifaceted oppression.

One might expect that globalization lead to global migration, which would then attract the attention of scholars in different academic disciplines to study the different aspects of the global migration. There are indeed many such studies but very few of them are related to sexual abuse against migrant care workers. Furthermore, due to feminist advocacy, research on sexual violence against women has become important. Yet the sexual violence against migrant women is still ignored. So this chapter uses data drawn from in-depth interviews and documents from newspaper reports to examine the situations faced by live-in care workers in Taiwanese households within the context of transnational migration.
