International Labor Organization Convention No. 189 on Domestic Workers: Should India Ratify It?

2012 ◽  
Author(s):  
Shireen Moti
Author(s):  
Rika Putri Subekti

The issue of domestic worker has not become governor of Indonesia policy priorities. This can be seen from the lack of a structure for the comprehensive and lack of regulations that provide solutions, as well as lack of supporting structure of the implementation. The Act of Manpower is not regulating specifically on the protection of domestic workers, especially for children. International Labor Organization Convention Number 189 concerning Decent Works for Domestic Worker, regulates the protection of domestic workers all over the world, however, Indonesia has not ratified this convention yet. This research is normative legal research that using statute and conceptual approach. Data collection techniques used in this study is literature study. The results of the study indicate that the regulation on the protection of child laborers employed as a domestic worker in Indonesia has not been regulated separately so that in the case of legal protection is not sufficient, in the case of law enforcement in case of violation of the law on the rights of the child. The urgency for the Government to immediately ratify ILO Convention No. 189 on Decent Work of Domestic Workers in order to establish a standard of employment for domestic workers as an effort to realize protection for domestic workers in general and for child domestic workers in particular. It is important for government to carry out the National Action Plan for the Elimination of the Worst Forms of Child Labor (RAN-WFCL) to prevent and eliminate the worst forms of child labor. Isu tentang Pekerja Rumah Tangga (PRT) belum menjadi suatu prioritas kebijakan pemerintah Indonesia. Hal ini terlihat dari belum adanya suatu struktur regulasi yang komprehensif dan solutif, disertai struktur pendukung dalam tataran implementasinya. Ketentuan Undang-Undang tentang Ketenagakerjaan belum mengatur secara khusus mengenai perlindungan terhadap pembantu rumah tangga khususnya bagi anak-anak. Namun telah ada konvensi internasional yang mengatur secara khusus tentang Pekerja Rumah Tangga (PRT) yaitu Konvensi ILO Nomor 189 tentang Kerja Layak Pembantu Rumah Tangga. Konvensi ini merupakan perlindungan bagi pembantu rumah tangga di seluruh dunia. Namun, hingga saat ini Indonesia belum meratifikasi konvensi tersebut. Jenis Penelitian ini adalah jenis penelitian hukum normatif. Jenis pendekatan yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual. Teknik pengumpulan data yang digunakan dalam penelitian ini adalah studi kepustakaan. Hasil Penelitian menunjukan bahwa pengaturan tentang perlindungan pekerja anak yang dipekerjakan sebagai pembantu rumah tangga di Indonesia belum diatur secara khusus sehingga dalam hal perlindungan hukum belum memadai. Urgensi bagi Pemerintah untuk segera meratifikasi Konvensi ILO Nomor 189 tentang Kerja Layak PRT dalam rangka menetapkan suatu standard ketenagakerjaan bagi PRT sebagai upaya mewujudkan perlindungan bagi PRT secara umum dan bagi PRT Anak pada khususnya. Upaya Pemerintah dalam mewujudkan perlindungan terhadap PRT Anak adalah dengan melakukan Rencana Aksi Nasional Penghapusan Bentuk-Bentuk Pekerjaan Terburuk Bagi Anak (RAN-BPTA) yang bertujuan untuk mencegah dan menghapus bentuk-bentuk pekerjaan terburuk untuk anak.


CHEST Journal ◽  
1998 ◽  
Vol 114 (6) ◽  
pp. 1740-1748 ◽  
Author(s):  
Laura S. Welch ◽  
Katherine L. Hunting ◽  
John Balmes ◽  
Eddy A. Bresnitz ◽  
Tee L. Guidotti ◽  
...  

1948 ◽  
Vol 2 (2) ◽  
pp. 359-360 ◽  

Report to the Economic and Social Council: The International Labor Organization submitted to the Economic and Social Council of the United Nations on, September 29, 1947 a report on its activities during the year 1947. This report, the first of a regular series which ILO had agreed to submit regularly (Article V paragraph 2(a) of the Agreement between the United Nations and the ILO), included background information and covered the period from the establishment of the United Nations to July 15, 1947. This report dealt with the decisions of five successive sessions of the International Labor Conference, i.e., those held in Philadelphia, May 1947, in Paris, October–November 1945, in Seattle, June 1946, in Montreal, September–October 1946, and in Geneva, June–July 1947. Future reports, it was announced, would cover only one year's work. The report was accompanied by a volume containing a series of appendices which included the text of the Constitution of ILO as amended by the 1946 Instrument of Amendment, the text of the Agreement between the United Nations and ILO, a list of the committees of ILO, a list of meetings convened by ILO as well as meetings of other international organizations at which ILO was represented during the period covered by the report, a list of and the texts of Conventions, Recommendations, and some of the Resolutions adopted by the International Labor Conference, resolutions adopted by the third Conference of American States Members of ILO, held in 1946, and the text of the agreement between ILO and FAO.


1954 ◽  
Vol 8 (3) ◽  
pp. 418-421

The Intergovernmental Committee for European Migration held its fifth session at Geneva from April 16 to 24, 1953. Representatives were present from 21 of the 22 member governments, and several non-member governments and agencies sent observers. The subcommittee on finances reported that gross income had amounted to $26,114,357 in 1952, and gross expenditures totaled $19,446,549, leaving a budgetary surplus of $6,667,808. Reimbursements for movements completed in 1952 had been “most satisfying”, but it was anticipated that a slower rate of reimbursement would prevail in 1953, and that additional funds would therefore be required. The subcommittee also re-ported that between February 1, 1952, and December 21, 1952, 77,626 persons, among them 31,226 refugees, had been moved from Europe. The Director, Mr. Hugh Gibson, reported the following developments in the activities of ICEM: 1) provision had been made for training building laborers in Italy destined to migrate to Brazil (in collaboration with the Brazilian and Italian governments and the International Labor Organization), and for a number of preselection projects; 2) in Greece, in collaboration with UNESCO, a language training program for prospective migrants to Australia had been initiated; 3) Brazil, Argentina, Chile and Venezuela were making “definite progress” in the area of land resettlement; and 4) other projects of a “technical nature” were being considered. The fifth session also studied a draft constitution for the Committee which had been prepared by the Director at the request of the fourth session. The delegates concluded that eventual acceptance of the constitution by member governments would give the Committee “more stability and an anticipated life span of from three to five years”, and decided to refer the draft agreement to governments for comment before the next session of ICEM.


1956 ◽  
Vol 10 (2) ◽  
pp. 316-318

The seventh session of the International Labor Organization (ILO) Asian Advisory Committee was held in Geneva on November 7 and 8, 1955, under the chairmanship of Mr. Maung Maung (government member, Burma). The session was attended by eight government members, four employers' members, and three workers' members, and by observers from the UN and the Food and Agriculture Organization. The Committee agreed that increased credit facilities for agriculture in Asia would contribute to social and economic progress in the region and might also help to increase the volume of international trade; there was need for wide and repid international action to deal with the problem, and it was suggested that the provision of such credit might be assisted through expended activities on the part of existing international financial agencies. The Committee endorsed a resolution adopted at the fifth session of the Permanent Agricultural Committee concerning the scope and nature of ILO contributies to international programs of action for community organization and development, emphasizing that the ILO should take an active part in conferences, seminars and study groups as well as in technical assistance projects designed to promote community development, and should stress the community development approach within its own program of work. In considering ways of accelerating economic development in Asian countries, the Committee emphasized the need for increased capital investment by countries with capital surpluses, so as to ensure that an increase in the rate of capital formation did not encroach on the level of current consumption.


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