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It is with grave concern that Tenaganita views over the conclusions of the official meeting between Minister of Labor and Transmigration, Mr. Erwan Suparno and Dato Subramaniam Minister of Human Resources Malaysia.  The decisions again reflect a knee jerk solution to the increased abuse of Indonesian domestic workers. 

There is no move to address the issues in a holistic and comprehensive manner so that the root causes of the problem are dealt with and long term solutions are brought about.  We are indeed happy that a one day off as a right will be provided.  But this right is compromised with compensatory wages.  One of the biggest complaints from domestic workers is unpaid wages.  We will only end up in the same situation where the domestic worker has no off day and no paid wages.

Though the Indonesian government has asked for coverage of other rights through the Employment Act, it is unclear what rights are guaranteed and will be recognized by the Malaysian government.  The foreign domestic workers have specific concerns that must be addressed with a rights based approach.  The issue of placement fees cannot be left to market forces.  They are extremely high and the burden of payment is placed   on the domestic worker.  This agreement only leaves the worker in debt bondage, leading to a bonded labor situation.  At the end, she is in a trafficked situation.  Both governments need to put a ceiling on placement fees to arrest the problem of debt bondage and excessive benefiting by recruitment agencies.

A number of decisions made in 2006 Memorandum of Understanding between Indonesia and Malaysia have brought about practices that have not worked and have failed miserably in its implementation.  It is evident then, that enforcement can only be realized with proper statutes and legal mechanisms in place where responsibility and accountability of all stakeholders are clearly defined.

Firstly the domestic worker must be recognized as a worker and not as a domestic servant in the Employment Act.  Consequently her labor rights are defined.  Due to the specific nature of work and conditions, there needs a standard contract for all domestic workers from all countries and not just with Indonesia.  This will indicate consistency and political will to protect the domestic worker and define roles of other stakeholders.  Thus a standard contract that defines work, aspects of work, payment of wages, other social  benefits can be an appendix to the employment act.  It will then be made enforceable.

But all these proposals can only be made a reality if there is a conscious effort by the governments of the day with a strong political will and not just election stunts.  The Malaysian government must be open and take the lead since it is the largest receiving country of domestic workers especially within ASEAN.  The political will, the transparency and open dialogue by both governments as a way to move forward will be a fight against corruption, against debt bondage and against trafficking in women and children.  We are challenged to proof on what we speak and thus show with strength and determination that we are capable to protect the rights of one of the most vulnerable sectors of workers the domestic workers.

Dr. Irene Fernandez

Director

Tenaganita