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KOMPAS.com - Call it Nani, Indonesian domestic workers in the United Arab Emirates, was thrown into prison for employers found to have a cell phone and there was an SMS from a Bangladeshi male.
The study's findings for Women and Gender Studies Center UI shows, has a cell phone is great so go home ban employers. About 80 percent of Indonesian migrant workers in jail for alleged cases of immoral UAE. After the investigation, turned out to form relationships with men, including intimate relationships via mobile phones (mobile phone).
There is a gap between Arab culture and Indonesian culture are not understood by many related "business" of migration. Culturally, the domestic work is considered extra work, dirty, dangerous, "the invitation of work in the family", and not considered worthy of entry as the formal employment so it is considered there should be no special laws that govern. In fact, the absence of this law is the main source of various problems.
Monitoring of the representation of the sending country to stop until the door of the employer's home because of an imbalance in the recipient country. Furthermore, what happens in the home is the embodiment of power relations based on class differences, race, nation, and gender.
Distinction
The absence of a special law in the domestic sector, both in sending and receiving countries, causing a difference in treatment is highly skewed between formal and informal workers. One of these migrant workers affairs placed in the immigration office, under the interior ministry, not the ministry of manpower.
At home safe every day Embassy in Abu Dhabi there are always 60-70 people maids who run away from home employers for various reasons and about 100 people at the Consul General of Dubai. Cases fled from the employer is the largest cases, which by the recipient country is considered detrimental.
Government to overcome this problem by requiring contracts to be signed in front of the immigration office TKW UAE. That is, there is multikontrak that cause legal uncertainty. First, the contracts in the country is like dipersyarakatan Law No. 39/2004. Second, contracts between employers and migrant workers in front of immigration officials (in practice can be signed anywhere, even on the road). Third, the contract between the employers and agencies in the UAE that did not involve migrant workers, the UAE is written in English and Arabic.
The presence of Indonesian maids in the UAE is very desirable because of the nature obedient, loyal, hardworking, and the same faith. However, while they clung to stereotypes is not profitable as "easy going out", "immoral", and happy "mejik", which all show the culture gap.
Relation of race, class, gender
The phenomenon of the existence of migrant workers in the UAE can be explained from the Arab culture and identity-based classification built. Their culture clearly distinguish "Arabs" and "non-Arab" in unequal position. Culture they also place women (wives, children, let alone "housekeeper") as "belonging" to men.
Referring to the issue of identity, socio-cultural TKW seen as "other" because of differences in race, class, and sexuality as a woman. They are also seen as citizens of the nation's "poor". In the safe houses in the UAE, not only physical violence but also verbal with the mention of "national origin" is degrading. Perpetrators of violence are also (staff) agency, which in the UAE consists of various nationalities and circles (including royal).
Class relations are indicated by the existence of sexual violence, employers of men and women. Differentiation of Arab and non-Arab women in general look of Indonesian maids must submit complete biographical data, including pictures of faces, bodies, without and with head coverings. In fact, women are not allowed to photograph Arab women. Biodata with photo is what determines whether or not a migrant worker elected by the prospective employer at the agency office.
Global Economy
Millions of households have become family multibangsa with the presence of the maids. They contribute remittances to their home countries and the global economy. Their role in the household allows the production of goods and services in the global economic cycle goes on. They also introduced the culinary culture of Indonesia to the Middle East domestic, industrial potential into the future. Their presence intensified the banking business, sending goods and money, aviation, and law firms.
Social remittances are also produced. After they left, there is the advantage of accumulated capital for entrepreneurship or foreign language skills and general knowledge that leads some of them became head of the village.
Understanding the existence of the phenomenon of migration from all sides seem to indicate efforts to stop shipments not the best solution. Moreover, equip them with mobile phones.
What is needed strengthening legal protection in the form of bilateral agreements with recipient countries. Equally important, access to justice in the form of knowledge of law (which protects him), a guarantee of legal identity (passports and contracts), and the mechanism for legal aid.
By Sulistyowati Irianto, Professor of Anthropology of Law, University of Indonesia.
Friday, November 26, 2010 9:09 pm
Source: KompasCetak
Editor: Tri Wahono
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