Wednesday 27 August 2014

Dignity in Decent Work: Protect Domestic Workers From Abuse

Opinion - - - Jakarta Globe October 29, 2013.

“I woke up at 4:15 a.m.,” Asma said. “I was exhausted when I went to sleep at 10 p.m. I only had five minutes’ rest … I did not get any days off [or] salary.” Asma is one of an estimated 1.8 million women and girls in Indonesia who engage in domestic work, one of the largest sources of employment for rural women in the country. Her story — too real for too many — transcends national boundaries, resonating with the more than 52 million maids, nannies and caregivers worldwide whose labor is essential to the households they serve.

But domestic workers in Indonesia do more than cook, clean and care for their employers’ families. Their labor is also essential to Indonesia’s national economy, and yet the government is not protecting them.



Indonesia, like many other countries in Asia and the Middle East, excludes domestic workers — or pembantu rumah tangga — from its national labor laws. This leaves their work largely unregulated and denies domestic workers access to basic rights enjoyed by other workers, such as a minimum wage, weekly days off, and overtime. Their exclusion from key labor protections is exacerbated by the unique isolation domestic workers face in the private homes of their employers — where they are often subject to an array of exploitative conditions and criminal abuse.

Once marginalized and invisible, a new dawn could be approaching for Asma and other domestic workers like her. In collaboration with full-time domestic workers who are driving national efforts, stalwart activists — such as Anis Hidayah of Jakarta-based Migrant Care, and Lita Anggraini of Indonesia’s National Network for Domestic Workers Advocacy — are engaging and mobilizing domestic workers at the community, national and international level.

Domestic workers are using innovative strategies to unite their efforts into a global movement with its voices heard in legislative chambers from the Philippines to South Africa, and Italy to Argentina. Domestic workers around the world are partnering with labor unions and civil society groups, putting their issues front and center of their governments’ national agendas and demanding that their basic human rights be respected.

A new report from the International Domestic Workers Network, the International Trade Union Confederation and Human Rights Watch tracks the impressive momentum of the global domestic workers’ movement over the last two years. Based on interviews from domestic workers and civil society representatives from over 20 countries, “Claiming Rights: Domestic Workers’ Movements and Global Advances for Labor Reform” explores the creative strategies activists have used to mobilize and strengthen labor laws at the national and international level.

Over a decade of organizing by domestic worker activists — including Indonesia’s robust movement — has culminated in the establishment of a groundbreaking new treaty that sets out the first international labor standards to promote decent work for domestic workers. The International Labor Organization’s Domestic Workers Convention entitles domestic workers to the same basic rights as other workers, such as a minimum wage, social security, weekly days off and clear information on the terms and conditions of their employment. Governments whose countries are party to the convention are obligated to protect domestic workers from violence, regulate private employment agencies that recruit domestic workers, and prevent children from laboring in domestic work.

According to a 2013 ILO study, over 20 million domestic workers are employed in Asia, making the region the single largest employer of domestic workers worldwide. The Philippines was the first Asian country to ratify the Domestic Workers Convention. President Susilo Bambang Yudhoyono should ensure that Indonesia is the second.

President Yudhoyono expressed his unequivocal support for the Domestic Workers Convention at the 2011 ILO Conference in Geneva. Meanwhile, though, Indonesia’s Bill on the Protection of Domestic Workers — put before parliament more than two years ago — has made little progress toward enactment, and its current provisions fall short of international standards that would provide meaningful legal reform.

The Indonesian government should bring its domestic workers under the protection of national labor laws and ensure that those laws are strengthened to comply with international human rights standards. It should closely work with civil society groups to strengthen the proposed domestic workers’ bill, laying the groundwork for Indonesia’s ratification of the Domestic Workers Convention.

Indonesia has an historic opening where the voices of domestic workers like Asma are transcending the walls of their employers’ homes to occupy a rare public and political space. The government should listen and respond to these voices, by taking concrete steps to ensure that all of Indonesia’s workers get the dignity they deserve, the value they earn and the respect that they demand.

 Matthew Rullo, a coordinator in the women’s rights division at Human Rights Watch, is a co-author of “Claiming Rights: Domestic Workers’ Movements and Global Advances for Labor Reform.” 

Taken from The Jakarta Globe

23 comments:

  1. I did some research on the Internet, and so far only 10 countries have ratified the International Convention on Domestic Workers, which make me feel sorry for domestic workers around the world. Many of them are from Indonesia, and being located by their agencies worldwide. What a pity because as the article mentioned above, and as Myrtle Witbooi the president of the International Domestic Workers Network promoting the convention, which gives domestics the freedom to choose where they live, minimum wage, and day offs.

    Domestic workers are helping use raising our GDP, also to make their economy better off. But instead of being appreciated, these noble workers are being discriminated and the victim of abuse because people who hire them feel like the domestic worker’s rights belong to them, and force them to work overtime. In fact (also from the internet), In Indonesia there are 472 cases of violence against domestics. And also, in 97% percent of Asian countries, domestic worker have no legal right to weekly rest or annual vacations.

    I don’t understand why the governments exclude domestic workers from national labor laws, whereas, domestic workers aren't illegal workers and their rights have to be protected. If only the domestic workers are given training to improve and develop their skills, they could be independent entrepreneurs, and make Indonesia’s economy better off. Government should really watch for domestic workers who are working outside of the country, because there are lots of murder, and accusation cases occurred.

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    Replies
    1. "What a pity because as the article mentioned above, and as Myrtle Witbooi the president of the International Domestic Workers Network promoting the convention, which gives domestics the freedom to choose where they live, minimum wage, and day offs."

      What a pity because as the article mentioned above, and Myrtle Witbooi the president of the International Domestic Workers Network, all of them are promoting the convention, which gives domestics the freedom to choose where they live, minimum wage, and day offs.

      Sorry for the mistake I made, and if there's any mistake, please do comment!

      Delete
  2. This article is a bit saddening me as I am an Indonesian and Indonesia still hasn’t protected domestic workers by making a law of their works or uniting them under one national organization which is approved by Indonesian government. Domestic workers are the same with other workers, so, in my opinion, we should include them to the national labor laws and make laws to regulate their works.
    I think, excluding domestic workers from the national labor laws is a discrimination towards domestic workers. They should have a law or standard of their works, so they cannot be abused or exploitated. And I totally support any organizations or conventions relating to this topic, the rights of domestic workers. The struggle of Indonesia’s National Network for Domestic Workers Advocacy for domestic workers have to be supported.
    “A new report from the International Domestic Workers Network, the International Trade Union Confederation and Human Rights Watch tracks the impressive momentum of the global domestic workers’ movement over the last two years. Based on interviews from domestic workers and civil society representatives from over 20 countries, “Claiming Rights: Domestic Workers’ Movements and Global Advances for Labor Reform” explores the creative strategies activists have used to mobilize and strengthen labor laws at the national and international level.” This part of article makes me and maybe other people relieved, because domestic workers are on the way to be protected by national laws.
    And, I suggest Indonesia to be the second nation of Asia to ratify the Domestic Workers Convention, since there are so many domestic workers in Indonesia and they actually have a big contribution to Indonesia’s National Income.

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  3. “I woke up at 4:15 a.m.,” Asma said. “I was exhausted when I went to sleep at 10 p.m. I only had five minutes’ rest … I did not get any days off [or] salary.” Asma is one of an estimated 1.8 million women and girls in Indonesia who engage in domestic work, one of the largest sources of employment for rural women in the country. Her story — too real for too many — transcends national boundaries, resonating with the more than 52 million maids, nannies and caregivers worldwide whose labor is essential to the households they serve.”

    There have been many workers or domestic workers are abused and not imposed by humanity . Is government less sensitive to TKI's violation as “foreign exchange heroes” ? I hope with such events , the government ( at least ) make RUU of workers ( and maid , of course ) I'm little bit sad seen Asma's complain above, as if there is no action from the local government about regulation , but it is supposed that the PRT do , to be honest . My grandmother need a maid ( PRT ) to “survive” (recall that her age is quite old) , and must wake up every morning to serve her. I hope my mom would pay the maid properly. When I read the article Briefly , I am grateful , the President has made the bill (RUU) for workers . However , they are Indonesian citizens who speculate for their welfare , and they should be protected so that no more stereotypes on employment in Indonesia. Philippines has made great breakthrough in labor, employment ratify convention, and hopefully be the second premises, according to the article above. I agree and would like to see the follow-up of this bill . With the bill hopefully no more domestic workers being abused and are not acted in accordance with humanity.

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  4. Sadly, Indonesia is popular country that produce maid or 'pembantu rumah tangga' . Moreover, the survey said nowadays, amount of maid in Indonesia in extremely increased. This situation caused maid are vulnerable to abuse and exploitation, excessive working hours, unpaid wages, caged, physical abuse or sexual, and human trafficking. TKI which is maid who sent to other countries such as Malaysia and Hongkong even called 'Pahlawan Devisa' because they actually increase the salary of Indonesia. We also know that many maids in abroad got abused, even they died there and her family do not know about that. Because of many bad things happened, most of TKI finally decided to work in their country.
    I think in here maid is treated better than in abroad unless the salary maybe less than in Malaysia or Hongkong and the time of work is usually from morning till night. But it is depend on the employer. For example my mom is just asked maid to get work from 8am till 3pm then she may going home.
    Government has a big role to fix this condition. They have to protected them. However they still a human, they should get a good treated by employer.

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  5. I've personally seen one too many cases of domestic workers abuse in the Emirates, with some suffering some minor abuses, while others suffer from physical and/or mental torture, and even death. If I'm not mistaken, one of the most common abuses is rape towards domestic workers. In some cases, if the domestic workers takes it to the court, the abuser is the one who usually wins because of "lack of evidence" given from the victim.

    Most of the domestic workers that used to work at my house are usually an escapee from an Emirati household, and they’ve told me many stories about their struggles while working in an Emirati household. Usually, their passports are first confiscated from them so that they could not escape, and then they are made to work early in the day and late into the night, and if they’re lucky, they will get a one day break. Some are only fed with flat breads and cheese for the entire day and physical abuse as their breakfast, lunch and dinner. Usually, after one or two months, the maids decided to look for their confiscated passport so that they can escape. A successful escape story I heard from a maid is that she had to jump from a 2-storey building because the entire house was locked; she then headed for the Indonesian Embassy where she would join others who suffered similar fates.

    Whenever I hear such stories, I am always infuriated; partly towards the abusers for their inhumane act, but mostly towards the Indonesian government for failing to deliver effective policies to protect their citizens that are hard at work overseas.

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  6. This kind of news is very often to be heard in Indonesian people. Sometimes, servant who work across the country, for example, in Malaysia a lot of servant from Indonesia is being beaten by their boss. The worst thing is there are servant who killed their self because they are not comfortable in house, or the boss is being rude. Based on the article, Asma said that she doesn’t have enough time to rest, this kind of thing is against the rule, because the government in Indonesia set regulation about labor hours. The regulation said that labor work seven hours a day which mean 40 hours a week, they work for 6 days in a week. Labor work eight hours a day, which mean 40 hours a week, they work for 5 days a week.

    “The Indonesian government should bring its domestic workers under the protection of national labor laws and ensure that those laws are strengthened to comply with international human rights standards.” This statement is true, because many of domestic workers who work in abroad is under protected. Because if the boss do things inappropriate, the labor can report it to the police.
    -anne

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  7. I personally believe that the government should try to protect the domestic workers from now on. As an Indonesia, I honestly never understand why Indonesia, especially our government, excludes domestic workers from its national labor laws. As it is also said that domestic workers’ labor is also essential to Indonesia’s national economy. In my opinion, if Indonesia includes domestic workers in its national labor laws, I think it will decrease the burden of the domestic workers. Their life will be more guaranteed. Because, they will have the rights, such as a minimum wage, weekly days off, and overtime, as what have been mentioned in this article. These kinds of rights give the workers the feeling of safety. We are all human, we have to work, but we also need time to take a rest. By including domestic workers in Indonesia’s national labor laws, the work of the domestic workers will be clear and regulated, so there will be no excessive work that are given by their boss. It will be wise if our government gives more concerns to this case, because the domestic workers are also Indonesians who need to be protected. Who else who will protect them if it’s not the government? Please wake up.

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  8. We’ve seen too many cases on TV about the domestic workers being abused. Many of the domestic workers, which are being located by their agencies worldwide, don’t get what they deserve as human being, justice. One of many cases that found is they were being raped and they try to defend themselves, but it resulted that they’re accused for killing their boss and their lives ended in executioner’ hands.
    What makes it more ironic is the government is not trying to struggle for their rights. The government doesn’t do anything to make the punishment canceled or dispensation. As we can see, the number of domestic workers being abused is increasing. But still, the government doesn’t have any resolutions or even actions toward these cases. I agree with Talitha’ comment, instead of being appreciated, they’re being ignored by the government and disrespected by their bosses.
    It has been stated in the Indonesia’ Contitution that Indonesian people should live a prosperous life as promised. But, in reality the government doesn’t fulfill their rights.

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  9. Well, this article is not a new thing to be heard in Indonesia.
    It becomes a major nation issue despite of the corruption news which being exposed everyday. Ironically, the government has not making any specific actions to solve this problem. Even if they do, its not making any changes anyway; there are still domestic workers are being abuse.

    In my honest opinion, though their salary or income is relatively high and is one of our nation's major income, I strongly disagree with the program of TKI (Tenaga Kerja Indonesia) or domestic workers. Selling our labor just to become a maid outside the country is not a really good idea. It gives a bad stereotype to our nation. I would prefer to train them to become a really good teacher and sent them to become a teacher outside the country. I like the idea how Philippine have some kind of this TKI program but focusing on an education area. There are so many Philippines in Indonesia, especially in international schools, having a job as a teacher and it makes a really great income for their country. Their English is not as fluent as European people, but still, they are capable of being a teacher.

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  10. Protecting domestic workers is such an important issue for Indonesia, I think. Indonesia should work on it. As an Indonesian, I admit that the protection for domestic workers in Indonesia is not good enough. Well, there are some efforts that the government makes to protect the domestic workers, but it’s not really helpful, for me. I can say that, because since I was a kid even until now, I already saw a lot of harassments case towards our domestic workers especially those who work abroad.

    There are so many cases including our domestic workers as a suspect of a murderer case. And, usually our domestic workers have to face the death penalty even though they just tried to defend them selves from their boss. Ironically, the government usually can’t do anything about it. They just help to bring the body back to his/ her hometown. And, yeah that’s really not helpful.

    I think the government should put more effort and being braver than before to protect domestic workers. We should learn from other countries. For example, there is a case about one foreigner that got the death sentence in Indonesia because she was involved with the drugs selling activities in Indonesia. But, her country fights for her and ask to bring her back. They said that they will punish her according to their law. They keep on resisting until Indonesia let her go. I think this is a good example how the country fight for its people.

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  11. This news is really a usual news which Indonesian people are very familiar with this problems, such as physical abuse, human trafficking, and many more. Indonesian workers, whom people usually called “TKI” in Indonesia, are sometimes still prefer to work abroad because they think that they will paid higher than if they work in Indonesia.

    However, in the reality, there were lots of problem that the workers have to face even though they were legal workers.
    “Domestic workers in Indonesia do more than cook, clean and care for their employers’ families. Their labor is also essential to Indonesia’s national economy, and yet the government is not protecting them.”
    I agree with this statement. The government should protect the Indonesian workers by enforcing the law. There were lots of problem which we can see in the news and I believed that Indonesian president also know this. But I do not know whether the president notices this or not since there is no decision taken to solve these kinds of problems even the domestic workers suffer there.

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  12. Well discuss about domestic worker, it seems that Indonesian government does not care about their life, about anything that happen to them. we often heard domestic worker being abused, had sexual harassments, or in the worst cases being executed by another country because the domestic worker kill their boss, but like Astri said that the domestic worker only want to defend themselves from the boss.
    I woke up at 4:15 a.m.,” Asma said. “I was exhausted when I went to sleep at 10 p.m. I only had five minutes’ rest. Those sentences are enough to describe the domestic worker daily life. You have to know that domestic worker, or we usually say TKI is our “Pahlawan devisa” (I read it on Kompas) because they are have raising Indonesia income about 10% from our national budget. But this thing does not make the domestic worker being appreciated, I don’t understand why, I think it’s only happen in Indonesia as we are (maybe) the main country to produce domestic worker.

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  13. Domestic work is considered undervalued and poorly regulated, and many domestic workers remain overworked, underpaid and unprotected. Accounts of maltreatment and abuse, especially of live-in and migrant domestic workers, are regularly reported in the media. In addition, in many countries, domestic work is largely performed by child laborers, and Indonesia is not an exception of this generalization.
    The vast majority of domestic workers are female with low educational levels; they mainly come from poor families in rural communities. Seen as informal sector work, the Indonesian government’s current interpretation of national labor law excludes domestic workers from its coverage. I have heard that only few Asian countries, such as the Philippines and Hong Kong, have extended the coverage of national labor standards to domestic workers; Indonesia not included.
    What I hope is that this country would be more conscious about our domestic worker rights. Many of our domestic laborer is undervalued domestically nor internationally, and our government just keep quiet and do nothing at all; this cannot be justified.

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  14. This is a very popular rumor in Indonesia and also in Malaysia or Singapore. Our country imported many servants mostly to Malaysia, Singapore, and Saudi Arabia. Ironically, they don’t treat the servant well; even sometimes they become target for abusing. And the worst reality is the government has not making any specific actions to solve this kind of problem. We realize that servant is a hero to raise our GDP, but the government also have to realize that they must make a strict rule to the country that use our human resource to treat them well.
    I think Indonesian people treat the servant better than Malaysian. Because we know, there are so many minor abuses, while others suffer from physical and/or mental torture, and even death and also rape. And if they bring this case to the court, they will lose. The only way to reduce this kind of case is the government has to be bold to the regulation itself.

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  15. His article is indeed surprising for me. How come a person works for almost 24 hours a day? I think it’s already considered as exploitation. Moreover, their salary is too little compared to their working hours.
    It is truly a sad thing if the government still do nothing more to protect these domestic workers even though they give contributions toward the country’s economy. I can understand if they never protest since most of them don’t have enough knowledge, but it amaze me to know that they actually fight for their right. It is also nice to know that there is such organization to set them free form this kind of abuse. Government should give more concern towards these organizations.
    But still, from what I see in real life about domestic workers, or “pembantu rumah tangga”, is not far from miserable. Me, myself, have a few friends that often yelling to their domestic worker over a small thing. It is quiet shocking at first, because I never see any of my family members to yell or did any violence towards the domestic worker in our family. But it turns out that many families are actually being rude towards their domestic worker. So, in my opinion, the government still needs to give more concern regarding this case.

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  16. I’ve been heard this news for many times. In 2000’s era until now this news is very popular news. I still don’t know why this problem can’t be solved until now. Our country is in the 1st rank at top most imported domestic workers abroad, usually they sent into Malaysia, Singapore and other countries around Asia. But what a problem comes is that countries sometimes not treat our domestic workers well, I mean they’re acted so disrespectful, I mean they are lived under standard of life. We often heard domestic workers are being abused or had sexual harassments. It was so sad remaining they were a hero in Indonesia, because of them make a great impact to raise our GDP rapidly. If I have said that there’s problem can’t be solved, that was a problem. And If I confuse to whom I should asking why that problem can’t be solved, I should ask Government.

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  17. I heard many news about this domestic worker abuse. And most of the victims are woman. As the article explained, they only get a little time of rest and many hours of work.

    “I've personally seen one too many cases of domestic workers abuse in the Emirates, with some suffering some minor abuses, while others suffer from physical and/or mental torture, and even death. If I'm not mistaken, one of the most common abuses is rape towards domestic workers. In some cases, if the domestic workers takes it to the court, the abuser is the one who usually wins because of "lack of evidence" given from the victim.”

    I agreed with Romy’s statement that most of the woman domestic workers are getting rapped. I heard one of them tried to escape from that, by jump off the apartment. When, unfortunately she was at the 7th floor, so that she died. And so many other cases, therefore, government have to protect them from that kind of abuses.

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  18. I never heard of domestic workers abuse, so I should read this article and comment it. I thought only migrant workers (TKI) who get abused, because sometimes, foreign people despise us for being Indonesian or Asian. So they do whatever they want whenever they want. Abusing, bullying, or discriminate us. But in Indonesia, domestic workers should be more appreciated, because the employers’ families are mostly Indonesian too. Maybe even their hometown is the same. “I woke up at 4:15 a.m.,” Asma said. “I was exhausted when I went to sleep at 10 p.m. I only had five minutes’ rest. I did not get any days off or salary.” This case is almost the same with the migrant workers ones. I think it’s ridiculous that the employers’ families have the heart to do that. I’m pretty sure they won’t work for that super long hours non-stop themselves. “This leaves their work largely unregulated and denies domestic workers access to basic rights enjoyed by other workers, such as a minimum wage, weekly days off, and overtime.” I guess the families are smart enough to know which are right and wrong. Domestic workers in my house are pretty happy with their job, salary, and day offs. Even they often go to the theme park together during the holidays. I wish other domestic workers could be as happy as mine. Thank you for reading.

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  19. It is sad to see Indonesian workers that hasn't been protected by the govenment yet. I also feel sorry for Asma because she did not get any days off or salary. She should at least get her salary. She is doing lots of work but doesn't get appreciated at all. That's a pitty. The government should look on and take care of this. If they don't handle this, more and more workers could be victims of violence. It shouldn't be this way, domestic workers should also be treated as same as other people do. This is to respect humanity.
    The Indonesian government should now bring its domestic workers under the protection of national labor laws. They should also listen to the voices and opinion of the domestic workers. Then they would have to respond those opinions and think about whats best for them. It is now their chance to get there respect and dignity they deserve.

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  20. Many people especially women and girls from Indonesia have been sent to other countries in order to be domestic workers, or “pembantu rumah tangga”. They work also to support their family in the country. Domestic workers often making extraordinary sacrifices to support their families, and of course they are also increase the Indonesia’s economy. By this reason, so Indonesian government should protect the domestic workers with national law. Government has to guarantee for free violence and abuse during their stay in the other country. In the order side employment should give opportunities to work with human rights, because working with human rights is first part of achieving a good life. The most important thing is domestic workers have to receive their wages. They have to be protected with the labor laws for human rights abuses from all employees. On the other hand, the domestic workers have to be prepared for kinds of skill. For example if they want to work in Europe, they have to be able use English for communication.

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  21. There is a regulation in Indonesia that housemaids, labor, and any other workers paid in wages are bound to. They can work up to 7 hours a day for 6 days of working in a week and up to 8 hours a day for 5 days of working. They also have their break time and praying time separated. Suppose we’re not workers like that, we should give some respect to them, according to every effort that they devote to us. And we also have to strengthen the regulation in sending workers abroad. There are lots of cases about how our workers work improperly which turns into an act of violation from their masters, it is true that we have our rights, but we should also think about the cause that make them do something like that. It is best for us to prevent something like that from happening by ensuring that every workers to have some skill related to their job. By doing this, we can ensure that labors have their rights fulfilled while working in many sectors both in Indonesia or abroad.

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  22. I think Indonesia have a really serious problem with the abusing of domestic workers working abroad. Government need to control the number of domestic workers that is going abroad illegally, usually if they are going abroad illegally they won’t have the papers needed to go back home which will be needed when they got abused and run away. Indonesians domestic workers most common abuse are sexual harassment and not receiving their salary. If there’s Indonesian worker that want to sue her/his boss usually they will lose in the court because not just they immigrate illegally they also have very little knowledge about law in another country, so their hope is just running away from the workplace and live in the embassy. I have read a news that said an Indonesian women working in Saudi Arabia and got abused by her boss, when she tried to sue him she failed because the law in Saudi Arabia is not the same with Indonesia.

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