The extent to which Indonesians can expect respect from other countries depends a great deal on how we treat our fellow citizens. When, as a nation, we fail to demonstrate our dignity, a negative response is inevitable and we lose the right to demand esteem from abroad.
This is precisely what happens when we try to protest against the treatment of female migrants employed as domestic servants (TKW) in countries such as Malaysia and Saudi Arabia, many of whom have been treated as "slaves".
We lodge strong complaints, but, as if helpless, are unable to halt the abuse. The reason: We have fallen short of representing ourselves as a dignified nation with a high regard for our compatriots.
That we continue to treat domestic servants (PRT) in Indonesia differently than other workers -- governed by the Labor Law -- is one indicator of our failure. By not affording any legal protection to PRT, we discriminate against them -- though, to be honest, the Labor Law has not done much to improve the lives of the workers it does cover.
In fact, all of us -- including human rights advocates, women's rights activists and me, since I employ a domestic servant -- face the same challenge: To struggle on behalf of PRT, who continue to toil without recognized working hours, with almost no holidays, and for minimal pay. Without legal protection, PRT are vulnerable to physical violence, sexual abuse and salary withholding.
For guidance in this matter, we should look to the United States, which has provided proper protection for domestic workers. At the very least, PRT whose rights are violated should be afforded the same legal recourse as Samirah and Enung, two Indonesian women working for Indian-born Mahender Murlidhar Sabhnani and his wife, Varsha Sabhnani, in Long Island, New York.
Varsha Sabhnani was sentenced in June to 11 years in prison for subjecting both Indonesian women to enslavement and torture. The 12-count federal indictment against her included forced labor and involuntary servitude claims. Mahender Sabhnani was sentenced to three years and four months for allowing Varsha's criminal conduct to take place.
Apart from the prison term, Mahender was fined US$12,500, and Varsha, $25,000. Last Friday, a federal judge in New York awarded nearly $1 million in back pay to the two Indonesian housekeepers.
As we battle for the well-being and rights of TKW in Saudi Arabia and elsewhere, prioritizing the rights of PRT at home will go a long way toward dispelling the impression of a double standard. According to a Human Rights Watch (HRW) report published last week, Asian and African migrants working as domestic servants in Saudi Arabia are susceptible to employers' arbitrary treatment.
In its report, the independent New York City-based institute said nearly all female domestic workers in Saudi Arabia have been tortured, both physically and mentally.
"Excessive workload and unpaid wages, for periods ranging from a few months to 10 years, are among the most common complaints," writes HRW in As if I am not human: Abuses against Asian domestic workers in Saudi Arabia. The maids "are more likely to face counter accusations of witchcraft, theft or adultery. And in such cases, domestic workers often face severe delays in getting access to interpreters, legal aid or consular assistance, or are denied help."
The HRW report cites the example of Nour Miyati, an abused Indonesian worker who lost her legal case, despite "the employer's confession, ample medical evidence and intense public scrutiny". Miyati had to have her fingers and toes amputated, as a result of starvation and daily beatings suffered at the hands of her employers, HRW said.
It won't be easy to solve the problem of TKW in Saudi Arabia, as high domestic unemployment will compel job seekers to try their luck overseas.
Moreover, success stories -- of TKW building new houses in their home villages, or buying land and saving enough money to start their own businesses -- have appealed to those still in search of work.
Finally, Saudi Arabia's closed society makes acknowledgment and prevention of domestic worker abuse difficult, particularly when it comes to TKW reporting cases of rape.
TKW have almost no legal protection abroad. Although legislation concerning such workers was introduced at the UN as far back as 1985, several developing countries abstained, including Saudi Arabia. Consequently, when violations do occur, employers have no obligation to report them to local authorities or to the Indonesian government, via its consulates.
The most serious issue facing us is why we seem incapable of changing the ill fate of Indonesia's TKW. As Nisha Varia, senior researcher in the women's rights division of HRW, said, "We accepted the condition". We should join hands with India, the Philippines and Sri Lanka in exerting pressure on the Saudi government to prevent abuses against workers, such as when employers withhold workers' passports, which is not uncommon, Varia told The Jakarta Post on Thursday.
Meanwhile, at home, the parties responsible for handling TKW affairs provide inadequate protection. Migrant workers have even fallen prey to the criminal acts of unscrupulous schemers at Soekarno-Hatta Airport -- just as they set foot back home.
We have protested against TKW-importing countries' violations abroad, only to commit the same violations against domestic workers in Indonesia. Our meager improvements at home would not live up to the demands we place on foreign nations with respect to such violations. We have simply failed to offer alternatives for creating more job opportunities and preventing abuse in Indonesia.
The writer is a member of The Jakarta Post's Opinion Desk. He can be reached at yazid@thejakartapost.com
