A/HRC/4/24/Add.3 page 12 40. Further, the MOU between Indonesia and Malaysia, contains many articles and appendices which do not guarantee the basic rights to migrant workers. For example: (a) There are no guarantees of just and favourable conditions of work, including adequate periods of rest and remuneration, protected by articles 23 and 24 of the Universal Declaration. There are restrictions on marriage rights which are in violation of CEDAW and ICESCR; (b) There are restrictions on the right to family life, a fundamental right: Indonesian migrant workers in Malaysia are prohibited from marrying local citizens, and the MOU limits the age of female domestic workers to between 21 and 45 years old and prohibits them from marrying or from bringing their spouses to Malaysia, or even from being joined by their families. This basic human right is reiterated in articles 12, 16 and 25 of the Universal Declaration. Moreover, the right to family life is enunciated both in article 10 (1) ICESCR and articles 17 and 23 ICCPR; (c) Several terms used in the MOU commodify Indonesian domestic workers, e.g. “conveyance”, “servant” and “offered”. The MOU also places more emphasis on mechanisms for placement and less attention to worker protection, for example by providing migrants with a Malaysian ID card. The MOU may end up encouraging irregular migration because of the long, complicated and expensive documentation process. 41. On policy matters, the MOU does not state who shall be responsible for the repatriation of female migrant workers if their employers abuse them. D. Actions taken at the national level 42. Since May 1998, Indonesia has launched several initiatives to reform the system of workers living abroad in order to provide them with more protection. Most notably, Indonesia passed in 2004 a national Law on the Placement and Protection of Indonesian Migrant Workers Overseas. These reforms, however, have been ad hoc in nature and have not constituted a coherent and comprehensive strategy for the promotion and protection of migrants’ rights. 43. This is due to the fact that within Indonesia those in charge of managing the migration of female domestic workers, particularly labour recruiters, use both legal and illegal means. These procedures entail for the most part exorbitant departure fees which create long-term debt bondage, ill-treatment and confinement, and false information and documentation, especially with regard to under-age female workers. The process also lacks simplicity and involves high costs, whether through official or unofficial channels, inadequate preparation, and a lack of support from Indonesian embassies and consulates in the receiving countries. Legal steps 44. In an effort to promote concerted action on this matter, various steps have been taken through the issuance of several presidential decrees, in particular Presidential Decrees No. 106 of 2004 on the Establishment of a Coordinating Team to Handle Undocumented Migrants and No. 81 of 2006 on the Establishment of the National Body for Placement and Protection for Indonesian Migrant Workers and, more recently, Presidential Instruction No. 6 of 2006 on the

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