DMW lauds UK court ruling on diplomatic immunity in modern slavery cases
MANILA, Philippines — The Department of Migrant Workers welcomed Friday the ruling of the United Kingdom Supreme Court that diplomats who exploit domestic workers in condition of modern slavery cannot claim immunity.
In a landmark ruling, Britain’s highest court ruled that a Saudi Arabian diplomat may face charges for breaching the contract of Filipino domestic worker Josephine Wong and for being complicit in a modern slavery case.
Wong filed a claim against her former employer Khalid Basfar at the UK employment tribunal after she was unpaid for most of her services while she was subjected to “degrading and offensive treatment” for two years before her escape in May 2018.
“The decision, the first of its kind [over the] world, opens the floodgates for workers, abused by their employers, who are members of the diplomatic community, to seek recompense and refuge under the law,” DMW said in a statement.
“The DMW expresses its hope that similar rulings are made in other countries across the globe to address the scourge of modern-day slavery,” it added.
‘Not sanctuary vs modern slavery’
The agency stressed that diplomatic immunity can never be used as a sanctuary against inhumane treatment, abuse and exploitation.
Wong, who began to work for the diplomat’s family in August 2016, said she was not given days off and worked daily from 7 a.m. to 11:30 p.m. She was also not allowed to go outside, except for when she took out the trash.
In response to Wong’s claim, Basfar said he is covered by diplomatic immunity.
The 1961 Vienna Convention on Diplomatic Relations provides that diplomats and their families are granted protection from facing criminal jurisdiction of the state diplomats are assigned to, but any “commercial activity” may be a subject of a civil jurisdiction.
The UK Supreme Court said the diplomat’s failure to fairly compensate the domestic worker equates to “commercial activity practiced for personal profit.”
According to DMW, Wong found “gainful and fair” employment in the UK after she filed the case. — Gaea Katreena Cabico with report from Kaycee Valmonte
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