APSN Banner

Rights groups in Indonesia pushing for new law to better protect domestic workers against abuse, overwork

Source
Channel News Asia - June 20, 2024

Jakarta – Labour rights organisations in Indonesia are urging the House of Representatives to commence deliberations on a bill protecting the rights of domestic workers in the country, before a leadership shakeup in October.

This comes on the back of a spate of alleged recent violence and abuse against domestic workers which spread outrage across the country.

On Sunday (Jun 16), dozens of activists and domestic workers under the National Advocacy Network for Domestic Workers (Jala PRT) rallied in front of the House of Representatives complex in Jakarta to mark International Domestic Workers Day and urge lawmakers to expedite passing the bill into law, according to the Jakarta Post.

"We hope that lawmakers can finally start the deliberation process of the bill that we have been awaiting for 20 years and which is desperately needed by 5 million domestic workers in the country," said Ms Lita Anggraini, National Coordinator of Jala PRT on Sunday, as quoted in local media.

"The Domestic Workers Bill has been championed for 20 years, yet the House remains reluctant to acknowledge domestic workers as formal workers and to enact the bill into law. As a result, domestic workers continue to face violations of their rights as human beings, workers, and citizens," she added.

Labour rights organisations warn that without prompt action, the long-awaited legislation could face significant setbacks, as the House of Representatives will see a reshuffle with the inauguration of incoming president Prabowo Subianto in October.

"Now is a very crucial time for its deliberation because we will soon have a new government and lawmakers in office," said Ms Mutiara Ika Pratiwi of women's rights group Perempuan Mahardhika, as quoted in local media.

"So it's very important that current House members pass the bill as soon as possible."

Bill's progress stalled for two decades

According to the Indonesian ministry of manpower, the Domestic Workers Bill aims to eliminate all forms of discrimination, exploitation, violence, and harassment against domestic workers. It will formally recognise domestic workers as entitled to a decent livelihood, normative rights, and protection.

The bill aims to provide education and training, balanced rights and obligations between workers and employers, reasonable working hours, one full day off per week, 12 days of annual leave, health and employment insurance and a minimum working age of 18 years. It also aims to punish physical assault.

However, the bill lacks specifics on minimum wage and working hour limits. It merely requires an employer-employee contract to mention wages and reasonable hours, without defining these terms. Issues such as unionisation are also not addressed.

Domestic workers who are hired directly by a household, rather than via an employment agency, are not covered by the bill.

Although the Domestic Workers Bill has made some progress, it has stalled at various stages. Initially proposed by the National Domestic Workers Advocacy Network in 2004, the bill was included in the National Legislation Program for 2005-2009. The House has since conducted research and comparative studies across various cities in Indonesia.

In July 2020, the bill entered the Legislative Body (Baleg), and by March 2023, it was designated as one of the House's Initiative Bills.

In April 2023, President Joko "Jokowi" Widodo submitted the Problem Inventory List (DIM) to the House leaders and appointed five ministries to discuss the bill with the House. The DIM is an opportunity to identify specific problems to be resolved in the draft legislation, and a normal step in the process of bringing a bill to law.

However, no major progress has happened since then.

If no agreement is reached on the inventory by the end of the current legislative period, the bill will not carry over to the next term and will need to restart from the planning stage for the 2024-2029 period.

"Holding the bill hostage means holding 5 million domestic workers in Indonesia hostage," stated JALA PRT's Ms Lita.

Spate of alleged violence

Indonesia's domestic workers do not have legal protection because they are not recognised as formal workers by the country. Consequently they remain in vulnerable situations and could face various forms of violence.

On May 30, a 16-year-old domestic worker named CC died after jumping from the third floor of her employer's house in Karawaci, Tangerang, near Jakarta.

Police reports indicated that CC was abused by her employer and was unable to resign because her agency had not provided a replacement. In desperation, she attempted to escape by jumping from a significant height, according to a report by online news portal Detik.

It said that authorities arrested several suspects, including those from the agency, a person involved in falsifying her age on her ID card, and her employer.

In February, five domestic workers in Jatinegara, East Jakarta, including two minors, were injured after they climbed a two-metre barbed wire fence while trying to escape their employer's house, according to local media.

They allegedly were forced to work without any payment, held captive, starved and tortured by their employer, local media reported.

Jala PRT recorded at least 3,308 cases of violence against domestic workers between 2021 and 2024, according to the Jakarta Post.

Prioritising employers

In a press release, the National Commission on Violence Against Women (Komnas Perempuan) emphasised that domestic workers, who primarily perform household and family care duties, are essential to the economy, especially with the increasing participation of women in the labour market.

"Female domestic workers have allowed many (of their) female employers to leave their homes and work in various sectors, thereby boosting the family economy. So, this bill embodies women's solidarity," said Komnas Perempuan Commissioner Siti Aminah Tardi in her statement.

However, JALA PRT believes the House prioritises employers' interests over those of domestic workers. "The House is catering more to the employers' interests rather than serving as a representative of the people," said Ms Lita, as quoted by Detik.

Meanwhile, Mdm Irma Suryani Chaniago, a member of the House of Representatives from the NasDem faction, affirmed that her party is committed to the immediate passage of the Domestic Workers Bill.

She noted that the challenge lies in the fact that domestic workers operate within private homes, making it difficult to equate their protections with those of other workers.

Nevertheless, her party sees, "domestic workers in the same position as other workers. But because they are in the employer's house, they cannot get the same rights as workers in the company," she said in a report by local media Detik on Sunday (Jun 16).

Source: https://www.channelnewsasia.com/asia/indonesia-domestic-workers-protection-bill-442366

Country