A/HRC/4/24/Add.3
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C. The migration process
The pre-departure stage and the role of labour agents
16.
The large numbers of Indonesian women and girls migrating for work, as well as the
demand for cheap domestic labour, has created a lucrative market for employment agencies in
Indonesia and in receiving countries.9 A significant characteristic of this type of labour
migration is that it is short-term and contract-bound. Women migrating in this way do so of their
own free will, whether through networks or organized through intermediaries. Once a labour
agency has been granted a licence, it does not have to undergo any further periodic reviews to
have it renewed, and even though the Indonesian Ministry of Manpower and Transmigration has
the power to cancel or suspend such licences, recourse to these measures is rare as the Ministry
does not monitor labour suppliers regularly or rigorously.
17.
Indonesian women migrating for domestic work often first come into contact with a local
labour recruiter from their village. These recruiters do not usually receive a regular salary but
may charge the migrant worker or work on commission for several different employment
agencies, sometimes for both licensed agencies and illegal agents simultaneously. Many
documented workers have to pay hefty fees - agency fees, insurance fees - and provide a bank
guarantee, both in Indonesia and in receiving countries.10
18.
The heavy administrative burden of legal migration - including payment to labour
agencies and the lengthy time involved - has led many workers to migrate through irregular
channels. In some cases prospective migrant workers may think they are migrating through legal
channels but may actually be given fraudulent or inaccurate documents at some point in the
process. Irregular migration puts workers at higher risk of abuse at all stages of the process, may
involve higher fees, and severely limits their access to redress. With over 400 licensed domestic
employment agencies - and countless more illegal ones - the lack of effective government
oversight and the bureaucratic processes concerned with labour recruitment increase the risks of
exploitation of prospective migrant domestic workers.
19.
Labour agents often give incomplete or false information about the terms of employment,
and migrant domestic workers are subject to deception and abuse by labour agencies prior to
their departure from Indonesia. Labour agencies are typically involved in recruitment, training,
transportation and placement of domestic workers. In many cases, as the intermediaries between
employers and workers, the agencies set the terms of employment, including wages and
holidays. Inadequate regulation and inadequate government oversight combine to give
employment agencies enormous influence over the fate of migrant domestic workers. The lack
of transparency in the management and use of payments officially required by the Government
seems to support anecdotal evidence of collusion between some officials and recruitment
agencies.
9
Human Rights Watch, “Swept Under the Rug: Abuses Against Domestic Workers Around the
World”.
10
Ibid.