"The ban is only for new domestic workers; those who have been working (in the country) prior to the ban can still work legally."
In an exclusive interview with Khaleej Times, Indonesian Consul Rijal Al Huda said: "There is no legal framework that provides protection to Indonesian maids that's why the ban was imposed."
"The ban, however, is only for new domestic workers; those who have been working (in the country) prior to the ban can still work legally."
Al Huda said that the ban was imposed by the Indonesian Ministry of Labour on May 26, 2015 but it was only last month that the news reached all the embassies concerned in Jakarta. The ban was implemented right away and the Indonesian government has not entertained any request for sending maids since last year.
Also Read: No Indonesian maids and drivers from 2017 in UAE
Despite the ban, Al Huda admitted that the demand for Indonesian domestic helpers has not decreased "even though legally-speaking from the perspective of Indonesian law it is not legal."
"You can still see ads or you can easily go to one of the agencies that specialises in supplying Indonesian workers."
The ban also raised concerns of UAE residents with the cost of hiring an Indonesian maid rising dramatically from Dh8,000 to Dh16,000 due to the decision of the Indonesian government.
There are an estimated 90,000 Indonesians in the UAE; 50,000 of them living in Dubai and the Northern Emirates where 80% of them work as domestic helpers, according to the consulate.
Why they are preferred
Indonesians are the preferred choice as domestic helpers because of their familiarity with Arab culture and religion.
"There is actually nothing new on the implementation of the ban but what is happening right now is that we are trying to improve the mechanism that we have in Indonesia on sending migrant workers," Al Huda said.
"We have seen so many flaws in our system and what we need to do first is to rectify (Indonesian) Law number 39 of 2004 on the Placement and Protection of Indonesian Workers Abroad."
Al Huda added: "From what I understand, Indonesian President Joko Widodo wants better opportunity for Indonesians who want to go abroad. It is not like the government is trying to prevent anybody from getting a job abroad but we want to make sure that what we have in Indonesia is sufficient for the protection of our migrant workers even before they go abroad."
"We also want the receiving states to have the proper institution or legal framework that caters to the rights of migrant workers."
"Since most of the GCC countries have the same system and majority still do not have the legal framework like a labour law that caters to the rights of domestic workers, our government decided to stop sending maids to all countries in the Middle East," Al Huda explained.
He clarified that the ban is not permanent but is needed at the moment. "We are required to put the mechanism that is necessary for the protection of our migrant workers. By legalising the sending of workers despite knowing the mechanism that we have is not sufficient or there are many flaws in our system, is a crime in itself," Al Huda underlined.
"There are a lot of good sponsors but as a government we should not be complacent. What we need is a proper protection mechanism and it starts at home, in Indonesia," he added.
Al Huda said that this standard should comply with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
He said: "The UAE government has been at the forefront of meeting the interests of both the sending state and receiving country because they treat the migrant workers as valuable assets to their economy and it is in their best interest to provide them more protection."
"But the protection of workers should not just be based on a unified labour contract.. One of the requirements for deploying maids is the verification process and attestation of contracts and this was excluded from the unified labour contract. We have a memorandum of understanding with the UAE government but it did not include the domestic workers," explained Al Huda.
"The framework in resolving domestic workers' issues is to go to immigration (General Directorate of Residency and Foreigners Affairs) which, for me, is not the proper agency or institution equipped to resolve disputes if we are talking about rights and obligations."
"We are not in a position to ask the UAE government. Personally, I believe the UAE knows what is best for them whether they want to make an arrangement that is suitable to domestic workers applicable in the national level or to incorporate them under labour laws," added Al Huda.
"But at the moment, we are trying to discipline ourselves, us, in the Indonesian side. We are doing our homework first and that means revising our Law 39/ 2004," concluded Al Huda.
Read more: http://www.khaleejtimes.com/nation/general/stop-hiring-indonesian-maids-says-consul
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