July 22, 2004

Help Wanted:

Abuses against Female Migrant Domestic Workers in Indonesia and Malaysia

Map 1:Map of Southeast Asia
Map 2:Migration Flows between Indonesia and Malaysia
I.Summary
Key Recommendations
II. Background
Labor Migration in Asia
Indonesian Migrant Workers in Malaysia
Domestic Work
Trafficking
Repression of Civil Society in Malaysia: The Irene Fernandez Case
The Status of Women and Girls in Indonesia
The Status of Women and Girls in Malaysia
III. Pre-Departure Abuses in Indonesia
Licensing of Labor Recruiters and Suppliers
Pre-Departure Process and Transit
Corruption, Extortion, and Other Illegal Practices
Lack of Information, Deception
Alteration of Travel Documents
Discrimination in Hiring Practices
Abuses in Training Centers
Forced Confinement
Inadequate Living Conditions, Food, and Water
Psychological, Physical, and Sexual Abuse
Exploitative Labor Practices
IV. Workplace Abuses in Malaysia
Hours of Work, Rest Days, and Workload
Forced Confinement and Restricted Communication
Unpaid Wages
Restrictions on Religious Freedom...
Physical Abuse, Neglect, and Mistreatment
Sexual Abuse and Harassment
Trafficking into Forced Labor
V.Protection Failures and Obstacles to Redress
Bilateral Labor Agreements
Response of the Indonesian Government
Policies on Overseas Migrant Workers
Recruitment, Training, and Sending Practices
Inadequate Victim Services
Treatment of Migrant Workers upon Return to Indonesia
Response of the Malaysian Government
Absence of Mechanisms for the Protection of Indonesian Domestic Workers
Abuses by Labor Agents in Malaysia
Obstacles to Filing Complaints and Prosecuting Offenders
Enforcement of the Immigration Act
Conditions in Temporary Detention Centers
Response of Civil Society
VI. National and International Legal Standards
The Right to Just and Favorable Conditions of Work
Freedom from Discrimination
Unjustifiable Disparate Impact:Domestic Workers' Exclusion from Legal Protections
The Right to Health and the Right to Privacy
Forced Labor and Trafficking
Freedom of Movement and Freedom of Association
Freedom from Violence
Freedom to Practice One's Religion
VII. Conclusion
VIII. Recommendations
To the Governments of Indonesia and Malaysia
To the Association for Southeast Asian Nations (ASEAN)
To International Donors (United Nations, World Bank, European Union, United States, Japan)
IX. Acknowledgments

Appendix A:Example of a Biodata for an Indonesian Migrant Domestic Worke

Appendix B:Standard Contract for Domestic Workers in Malaysia

Appendix C:Requirements for Hiring a Domestic Worker in Malaysia

Appendix D:Standard Contract for Filipina Domestic Workers in Malaysia

Appendix E:Abuses Documented by Human Rights Watch