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Introd: Gendered Migration

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Presentation on theme: "Introd: Gendered Migration"— Presentation transcript:

1 Introd: Gendered Migration
Domestic work is part of massive global migration. Demand on domestic worker speed uneducated & unskilled women from the third world leaving their country of origin to the richer countries Gendered migration creates transnational households. Chain of global migration drives transfer of huge amount of money & involved many actors & institutions, incl States Six millions of Indonesian become part of global migration, around of them are women domestic workers in the UAE.

2 Domestic Work is not a Job
The main characteristic of domestic work: there is no specific law regulating them. This absence of law refers to how domestic work is social and culturally perceived. It is seen as “informal work”, “additional job”, “dirty job”, excluded from job market and professional job, “invitation to work in a family”. It shows power relations among women & family & state (s) & global market

3 Portrait of Injustice: IDW Experience in the KBRI shelter
Long working hours, lack of rests periods Unpaid salary, underpaid and salary deductiong Bad diet: lack of food Communication restriction (no cell phone) Physical abuse, psychological abuse, sexual harassment (done by male or female employer) Forcing to eat rotten meal, stereotyping with bad manner like having boy friend, witchcraft, stealing Force confinement: charging with criminal for having boy friend, kidnapping, burning the house, child mistreatment

4 Legal Problem Being not regulated, domestic work issue is addressed to Ministry of Interior (immigration office) Applying rule is: self regulation in the household Dual contracts: signed in Inds (UU 39/2004), in the UAE (KBRI & imgr office), written agreement btw agent & employer (salary & 3 months probition)

5 …legal problem “Run away”: illegal (& its implication ?)
Obsconding/ takmim: employer totally releases its relation with DW (with obligation to pay ticket & giving back passport  is not practiced) Sending to jail: charged with ethical cases (a- susila): 80% IDW in jail is charged with having boy friend, the rest 20 % is for abortion & baby killing, stealing, child mistreatment, child kidnap, etc

6 Weakness of the Act no 39/2004 on Placement and Protection for IMW
1. Priority is on placement and not protection The title 86 articles on placement & 8 on protection The mindset is business orientation, not protection 2. Institutional dualism: No clear division of authority between Ministry of Labour & Nat’l Body (Art 97 & President Reg No.81/2006)

7 …continue 3. financial requirement Deposit to Gov’t Minimum Capital Inds : USD USD Phipn: USD USD  Only 400 recruiting agencies are licensed & 800 are illegal (ILO, 2006)

8 …continue 4. Recruitment is undertaken by private companies with the weak regulations 5. It is prohibited for gov’t official to own/join recruiting agency, but without any clear sanction

9 …continue 6. Migrant worker liability to pay cost & fees (Art 76) is not clear  common form of abuse & exploitation (debt trap) 7. Contracts of Employment (Art 8 & 55): the content & the way how to sign

10 Access to Justice (1) Legal Knowledge
Compulsory for private agencies to uphold skills training and legal knowledge (Art 42 and 43) but no clear sanction for its violation. (2) Legal Identity: questioning the dissemination of information & undocumented worker

11 ….continue (3) Legal Aid There is no special Act for legal aid
Act no 37/1999 on Foreign Relations: Gov’t obliged to provide legal representatives & Act 39/2004 Art 80 underlined it In reality: it doesn’t work Domestic worker is excluded from their access to country’s labour court & legal aid scheme Insurance includes legal protection mechanism it is uneasy to claim

12 Recruitment and Placement Processes (by law)
Recruitment by the local government Medical Check-up Work training at BLKLN Pasport and Document Agency  employer (madame, mister, abuya, umi) Pre-departure final training

13 Recruitment and Placement Processes (in reality)
Sponsor Interview in recruiting agencies Work training at BLKLN Recruitment by sponsor or calo Medical Check-up  FIT fee Agency  employer (madame, mister, abuya, umi) Pre-departure final training Pasport and Document


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