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Plight of domestic workers in Indonesia is seen as mirroring slavery
Jakarta Globe - February 25, 2014
Anis Hidayah, executive director of Jakarta-based Migrant Care, told the Jakarta Globe on Monday that such practices are physically concealed but occur all around us, stripping those silent victims of their most basic of human rights: freedom.
"Many of us are still trapped in the feudalistic mentality, always wanting to be served," she said, comparing the situation to the early years of the American colonies, when Europeans desperate to cross the ocean ended up signing contracts of debt bondage or indentured servitude.
"Although indentured servants are needed to work only for a limited period, as stated in the signed contract, many were exploited as low-cost laborers and severely maltreated. Ironically, such cases occur in Indonesia today," she said.
Mutiara Situmorang and her husband, retired police general Mangisi Situmorang, were reported to the police after one of their 16 domestic workers – half of whom were under the legal working age of 17 – fled the mansion last week, claiming she had suffered from physical abuse.
The 17-year-old, Yuliana Lewer, said she was forced to work more than 12 hours a day, and Mutiara would beat her if she made any mistake.
Anis said this case was not unique as many domestic workers in the country have similar experiences.
Similar cases
In June last year, 18-year-old Siti Nur Amalah, a housemaid working in Jatinegara, East Jakarta, went to the police after her employers, husband and wife couple Usman and Dina, had been beating her since 2012, resulting in permanent blindness. Usman had also frequently sexually abused the teenager.
"I was often told to strip naked, and he then touched my private parts," she told MetroTVnews.com. Police said they were still investigating the matter.
In October, the Supreme Court handed down a longer jail term to Lidya Natalia and her mother Tan Fang May for torturing their maid, Marlena, 16. "She was chained like a dog, and beaten and soaked in the bathtub," a judge told Detik.com.
Also in October that year, the same court punished Sri Sunarti, 29, and Yudaka, 63, for torturing their 17-year-old housemaid, Kaminah, since 2008.
Semarang-based Perisai, a child labor advocacy group, said they received reports from 30 house workers in 2012 alone who were victims of abuse at the hands of their employers. "They have been raped, beaten and scolded almost every day of their employment," the group said in a statement.
Anis said based on data from Walk Free Foundation's inaugural Global Slavery Index 2013, "some 29.8 million [people] are still forced to live in slavery around the world, with some 21 million slaves in Asia, including Indonesia."
Data from the National Network for Domestic Workers Advocacy (Jala PRT) stated 1,273 abuse cases [of domestic workers] were reported from 2011 to 2012 nationwide. In 2013, they received 650 reports of maid abuse.
Jala PRT estimates more than 10 million people currently work as maids in Indonesia.
Human trafficking
Alvon Kurnia Palma, chairman of the Foundation of the Indonesian Legal Aid Institute (YLBHI) feared these cases might indicate human trafficking, though further investigation was still needed.
"These cases of abuse not only involve torture, but also forced captivity and perhaps even human trafficking. In the latter, young domestic workers are recruited, transported, delivered and finally cheated out of their wages and freedom," he said on Monday.
In the Bogor case for instance, Alvon questioned how Mutiara was able to recruit so many girls, and more importantly, who supplied them. "We need to find out whether these workers were taken from a broker or formal agency. And if a broker was involved, we need to find out whether he or she had the legal authority to do so."
Alvon doubted the recruiting agency was legal. "If they have a [proper] license, why did they recruit children of under the age of 18?" he asked.
Alvon demanded the police to investigate every lead, every person who was involved, up to the recruiting agency to prevent similar cases in future. "No one is exempt from the law, whoever the abuser may be – even the wife of a well-known general, for example, will not be given legal leeway," he said.
Sri Nurherwati, a commissioner at the National Commission on Violence against Women (Komnas Perempuan), condemned Mutiara for mistreating her domestic workers and holding them hostage. Sri also urged the police to punish the guilty accordingly, so they may never commit the same atrocities again.
Weak protection
Sri said no form of legal protection exists for household workers in Indonesia. Any law that applies to them are weak at best, making them dependent on the "kindness" of their employers – a situation similar to slavery.
"Many of these housemaids live with their employers. They are placed in a 'lower' position and feel they cannot speak up for their rights," she explained. "They are dependent on their employer. So, we must establish a legal means to protect them."
She lamented the continued 10-year delay in the deliberations of the domestic worker protection bill in the House of Representatives. The bill, she said, would cater to the main interests of Indonesia's domestic workers by touching on issues including minimum wage and working hours, with clear punishments outlined for employers who violate the regulations.
"We [Komnas Perempuan] have urged the House many times to discuss and then pass the bill. But the lawmakers somehow believe cases tortured maids can be resolved through existing laws," Sri said.
However, the increasing number of abuse cases against domestic workers proves current laws fail to protect them. "Maids, who fall into informal sectors, will still be vulnerable to mistreatment. If we do not have a form of legal protection emphasizing domestic workers as being part of the wheel of economic development, how can we consider a housewife's job as honorable?" she said.
Anis Hidayah added that household maids work within the obstructing walls of a home; no one would bear witness to any form of abuse, and the government would not be able to intervene unless the victim voluntarily approached the police.
"There is no reason for holding back the draft bill as this [abuse] truly degrades human kind," she said.
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