Education law may protect child loborers<\/p>\n
Tony Hotland and Ridwan Max Sijabat, The Jakarta Post, Jakarta<\/p>\n
In the absence of legislation to protect workers in the informal
\nsector, the education law and child protection law are regarded
\nas the only legal mechanisms available to ensure children
\nemployed as housemaids have their rights respected.<\/p>\n
To make the 2004 education law work, regional governments need
\nto pass bylaws requiring people who employ children as domestic
\nhelpers to provide protection for them by giving them access to
\neducation and enough time for recreation, director of labor
\nsupervision at the Ministry of Manpower and Transmigration
\nMaruddin Simanihuruk said.<\/p>\n
"Child domestic workers cannot be treated as child laborers,
\nbut as members of the families who employ them. They are not
\nworkers in legal terms as their employment is not based on
\nindustrial relations that are only recognized in the formal
\nsector," he said.<\/p>\n
The education law stipulates a compulsory nine-years of
\neducation, while the child protection law bans all forms of
\nexploitation of children. The latest survey has uncovered that
\none in five school age children does not go to school.<\/p>\n
An estimated 640,000 children are employed as house maids in
\nthe country, according to the International Labor Organization.<\/p>\n
A New York-based Human Rights Watch report revealed that child
\ndomestic helpers in Indonesia as young as 12 years old work far
\nbeyond their capacity, depriving them of their rights to
\neducation and protection. The rights group also found the
\nchildren, who are mostly girls, are prone to sexual threats.<\/p>\n
Simanihuruk acknowledged that the government had not proven
\nits political commitment to enacting a labor law that could help
\nstop the abuses.<\/p>\n
"The absence of a labor law governing the informal sector has
\nsomething to do with strong public resistance," he said. Taking
\nan example, the government's campaign to give domestic helpers
\none day off per week in 2002 sparked protests from employers.<\/p>\n
The widespread abuse of house maids has prompted the House of
\nRepresentatives to urge the government to draft a bill on
\nprotection for domestic workers and those in the informal sector.<\/p>\n
Jacobus Kamarlo Mayong Padang, a member of the House's
\nCommission IX dealing with labor affairs, said efforts were being
\nintensified to formalize the status of workers employed in the
\ninformal sector, including house maids.<\/p>\n
"We've had discussions leading to that direction. The point
\nwill be how to regulate their working hours, household jobs,
\nrights and obligations, and even a labor contract. But it's still
\nquite a long haul because we have to revise the existing labor
\nlaw first," he said.<\/p>\n
He said the challenge to regulate domestic helpers
\nunfortunately lay with society itself which was divided by the
\nissue.<\/p>\n
"There seems to be a sincere wish to treat domestic helpers
\nhumanely. But on the other hand, there still a common feeling
\nthat maids are employed without specific hours, let alone a
\ncontract," said Jacobus.<\/p>\n
Another Commission IX member Hakim Sorimuda Pohan said there
\nhad already been discussions with the government about granting a
\nformal status to informal workers.<\/p>\n
"The (manpower) minister also acknowledged this problem. But
\nthis will require amendments to the labor law, and this won't be
\nin the near future since we just revised it," he said.<\/p>\n
Hakim agreed that giving a formal status to these workers was
\nessential as happens in other countries such as Hong Kong, Japan,
\nand Taiwan.<\/p>\n
Regarding the employment of children as workers, both Jacobus
\nand Hakim were of the opinion that the government has to enforce
\nall relevant laws including Law No. 23\/2002 on child protection.<\/p>\n
The law carries a maximum sentence of 42 months imprisonment
\nand\/or maximum fine of Rp 72 million (US$7,500) for any person
\nwho abuses children. It also threatens a maximum 10 years of
\nimprisonment and\/or a maximum fine of Rp 200 million for any
\nabuse causing death.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/education-law-may-protect-child-loborers-1447893297",
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"sponsor": "Okusi Associates",
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