The Jakarta Globe
A German human rights group has publicly accused a Saudi diplomat in
Berlin of treating the Indonesian maid he employed as a slave.
Her
struggle is now the focus of an attempt to challenge diplomatic
immunity in Germany and could place further pressures on the already
strained relationship between Saudi Arabia and Indonesia.
Dewi
Ratnasari, the 30-year-old maid, began working for the Saudi diplomat
and his family in April of 2009. For the next year and a half, she
worked 18-hour days, seven days a week and never received her monthly
wage of 750 euros, the German Institute for Human Rights reported.
She
told police she was “humiliated like a serf,” and that she was punched
and regularly beaten with a stick by everyone in the diplomat’s family,
including the five-year-old son.
The diplomat had confiscated her
passport and Dewi (a pseudonym) spoke no German, so she had few options
but to remain and work. But in October of 2010 she escaped and sought
help from Ban Ying, a Berlin-based human rights association assisting
migrant women from Southeast Asia, and the GIHR.
“The worst part
is they never called her by her name, but by the Arabic word for
‘shit,’” Ban Ying’s Nivedita Prasad told Deutsche Welle.
Because
of diplomatic immunity, which shields embassy employees from criminal
prosecution and most civil suits, Dewi had no way to hold her employer
accountable.
According to a GIHR report released this week, that
protection makes exploitation widespread. Ban Ying said they see 5 to
10 cases of diplomatic domestic staff abuse in Berlin each year.
Earlier
this month, Berlin’s Labor Court rejected her lawsuit, a criminal
complaint of human trafficking and a claim on 70,000 euros in back
wages, overtime, and compensation for suffering.
The Saudi diplomat’s lawyer, Philipp von Berg, denied the allegations, which he said could only be tried in Saudi Arabia.
The
GIHR and Hamburg lawyer Klaus Berlsmann are now filing an appeal that
would give exploited employees like Dewi, who has since returned to
Indonesia, legal recourse by overturning diplomatic immunity in cases of
human rights violations.
“Human rights are, also from the
perspective of international law, a higher good than diplomatic
immunity,” Berlsmann told the Daily Mail.
He is optimistic that
the German higher court will follow the model set in France earlier this
year, where the French government paid a woman from Oman employed by a
UNESCO diplomat the 33,380 euros in back pay that France’s highest
administrative court awarded.
It may take up to six months for
the German higher court to issue a ruling on Dewi’s case, and the German
Foreign Ministry told Deutsche Presse-Agenteur it is seeking a solution
in the meantime.
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