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 60

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 Worker - pdf file, 1 page

Appendix B: Standard Contract for Domestic Workers in Malaysia - pdf file, 8 pages

Appendix C: Requirements for Hiring a Domestic Worker in Malaysia - pdf file - 5 pages

Appendix D: Standard Contract for Filipina Domestic Workers in Malaysia - pdf file, 3 pages

Appendix E: Abuses Documented by Human Rights Watch - pdf file, 1 page

Vol. 16, No 9(C)   July 2004