Amnesty International is also concerned that domestic workers are denied basic workers' rights. The work of domestic workers is currently not provided equal protection under Indonesian law. The National Manpower Act (Law 13/2003) protects fundamental workers' rights, including regulation of hours of work per week, defined rest periods, holiday and leave arrangements. However, the protections in this Act do not cover private households and thus domestic workers. Domestic workers are consequently left without legal protections of their employment rights and without a legal basis on which to claim a minimum wage, the regulation of reasonable working hours, and other rights guaranteed to workers in Indonesia under the Manpower Act.(7)
D. Achievements, best practice, challenges and constraints
Amnesty International welcomes steps taken by the Indonesian government, including the ratification of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 2006, and the cooperation extended to the UN Special Procedures (the Special Rapporteur on torture and the Special Representative on human rights defenders). It also welcomes the bold decisions take by the constitutional court on freedom of expression in 2006(8) and this year(9), and the recent passing of the domestic violence law (2004), law on the protection of victims and witnesses (2006), and anti-trafficking law (2007).
However, these are some key challenges that the government must address to uphold its commitment to human rights protection, including as a member of the Human Rights Council:
- The government should ensure that the revised KUHAP is consistent with international standards for fair trial.
- The Indonesian government must ensure that both law and practice implement international law and standards on fair trial to ensure the protection of all suspects, victims and witnesses. Furthermore, any violations of the Criminal Procedure Code by state agent should be investigated and prosecuted adequately.(10)
- The government should remove from domestic legislation all provisions allowing for the death penalty and immediately declare a moratorium on all and review the Law on Combating Criminal Acts of Terrorism to ensure that it conforms to international human rights standards.
- The government should ensure that the right to freedom of expression and assembly is upheld in Papua province, and that local and international journalists, humanitarian workers and human rights defenders have full, unimpeded and unhindered access to the people of the province. The government should also ensure that all members of the police and military are made aware of the legitimate role of human rights defenders and their responsibility to protect them, as set out in the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
- The government should support the recent ruling of the Constitutional Court by removing all articles in the Criminal Code which impinge on the right to freedom of expression and association, and immediately release any persons imprisoned for the peaceful exercise of those rights.
- The government should promptly investigate and prosecute all reports of extrajudicial executions, torture and other ill-treatment, excessive use of force during demonstrations and harassment of human rights defenders, bring to justice those responsible and ensure that victims of gross human rights violations receive effective reparations.
- The government should incorporate the ILO minimum standards on domestic workers into the 2006 draft law to regulate the conditions of domestic workers. The law must specifically mention a minimum wage, clearly defined daily hours of work and minimum rest periods; provisions on night work and on overtime, including adequate compensation; and provisions for public holidays, sick leave and maternity leave.