A Voice for Justice
By Michael Javier
The author is a Columban lay missionary (CLM) from Jubgan, San Francisco, Surigao del Norte. He belongs to PH22, the first group of CLMs from the Philippines assigned in Chile in 2015 and has recently returned after a three-year contract.
Michael in Patagonia, south of Chile, 2017
Language is a basic skill we need to learn in order to communicate, to express our feelings and to understand others. But we are divided by many different languages. For a migrant seeking a good life in another country, how can you express yourself to the locals who do not understand your own language?
This challenge of dealing with language barriers reminded me of a migrant named Jamby, whom I met in Chile. Jamby is a 45 year-old single mother, a Muslim from Zamboanga City, Philippines.
She worked in different countries to provide for the needs of her child. Her previous experiences were not met with any difficulties until she arrived in Chile in 2015. It was her first time to go to a Spanish-speaking country and she could not speak the language. Jamby, for the first time, worked as a housekeeper. Her employer didn’t give her the chance to practice her religion. After two weeks, she asked if she could have at least 20 minutes each day to pray. Because of this, her employer terminated her contract. She had to find another work and was hired the second time. But her new employers were very strict and didn’t give her enough food to eat so she decided to leave.
Eventually she was able to find a job working for a family of five, who were also foreigners who migrated to Chile. At first, they were very good to her. When Jamby had an accident, they took good care of her in the hospital. She became closer to them as she took care of the three children. Although she began work in January 2016, the contract they gave her stated her employment began in August. Jamby did not question her employers because of the kindness they showed her. But then, her concerns didn’t stop there. Whenever the parents went out returning late in the evening or early morning the next day, she took care of the children but received no overtime pay for the extra time she worked. There were also times when her salary was deducted for different reasons – a stain was not removed from washing their clothes or whenever there was an increase in their electric or water bill. She noticed that this continued to be the pattern. Although she was recording the amount she received, she still didn’t say anything to her employer. Three months before her visa expired, she informed her employer that she needed to renew her status to permanent visa. But her employer refused to process her visa and gave excuses every time she asked. Jamby was only allowed to go to the immigration a day before her visa expired. She was told that her visa could not be processed because her employer didn’t pay fees for her health insurance and security system, part of the requirements for her application. When she informed her employer about the requirements and the penalty fee, her employer forced her to tender voluntary resignation by signing a paper saying that she had terminated her employment. Jamby knew that if she left without legal papers, she won’t be able to find a new job. No one would hire her because her visa had already expired. Therefore, Jamby did not sign the termination paper. This happened late in the evening and they told her to leave. Jamby pleaded with them to let her stay for the night as she had no place to go.
Early the next morning, her employer brought Jamby to town with all her belongings. She called a friend for help. They went straight to the Department of Labor to file a formal complaint against her employer. It is fortunate that migrant workers are protected by the labor law in Chile.
Since Jamby could not speak Spanish, I was approached by a common friend to help in the translation. I accompanied her on the scheduled meeting but her former employer didn’t show up. The Department of Labor then decided to bring her case to the court. Jamby was provided a lawyer to represent her pro bono. I was asked to be the interpreter for the duration of the trial. The court proceedings took several months. Her former employer gave her own version of what happened but because of the strong evidence against her, the judge decided in favour of Jamby. Her former employer was demanded to pay everything she owed Jamby in the duration of her work, including the penalty to the government. Indeed, justice was served.
Winning this case did not only give Jamby stability and security but it also uplifted her dignity. Now Jamby has found a new job. Although she’s only working part-time, she has a good employer who is helping her in getting a permanent visa and a contract covering her health and security insurance.
Jamby with her new employer
Like Jamby, there are times we face hardships. But with the help of others who give us hope, we continue to walk through life. It was not the first time that I was asked to be an interpreter for migrants. I also helped in processing papers for those who could not speak or understand Spanish. Being a voice for those in need is a big help to them and this is my way of crossing boundaries to reach out to others.
I am very grateful to be a part of the Columban Missionaries. They have molded me. They gave me the opportunity to study and learn Spanish. Knowing the language is the key, not only to learn more about the culture but also to be the voice for the vulnerable and being able to fight for their rights. We may have different languages but the most powerful language is still love. Fighting for what we believe in is right and just, but we do it out of love.
PH22: Michael, Gilda Comayas and Lorna Cañete in Alto Bio Bio, Chile, 2015