February 11, 2009

Workers in the Shadows

Abuse and Exploitation of Child Domestic Workers in Indonesia

I. Summary
Key Recommendations
II. Methodology
III. The Abuse and Exploitation of Child Domestic Workers–A Continuing Situation
IV. Current Domestic Legal Framework
Criminal Code
Child Protection Act of 2002
Presidential Decree of 2002
Manpower Act of 2003
Ministerial Decree of 2003
Domestic Violence Act of 2004
Anti-Trafficking Act of 2007
V. Eight Enduring Myths
Myth 1: Domestic workers are "helpers" not workers
Myth 2: Domestic work cannot be monitored
Myth 3: Employers' ability to hire a domestic worker, even if they cannot afford the minimum wage, is more important than the child domestic worker's rights
Myth 4: Domestic workers do not need written contracts
Myth 5: Housework is not a nine-to-five job
Myth 6: A day off is unsafe and unwise
Myth 7: This is "ngenger," so the girls are treated like family
Myth 8: This is not a big problem..
VI. Continuing Failure of the Indonesian Government to Protect and Prevent Exploitation of Child Domestic Workers
National government retains discriminatory labor law..
Local laws
Anti-Trafficking Act of 2007
Lack of awareness of existing laws among both officials and the public
Inadequate police response
Public mistrust of police
Poor investigation procedures
Failure to follow through on investigations of criminal activity
Establishment of women's and children's unit within police
Establishment of women's and children's help centers
Prosecutors
Manpower Agency
Government efforts to eliminate the worst forms of child labor
Education
VII. National and Local Governments' International Legal Obligations
VIII. Recommendations
To the president and the national parliament
To the provincial and district governments
To the Ministry of Manpower
To the Ministry of Justice and Human Rights and the Ministry of Women's Empowerment
To the police
To the prosecutors
To the TeSA129, police, and KPAI child hotlines
To the Ministry of Education
To the International Labour Organisation
To local and international NGOs and donors
Appendix
Acknowledgements