21. It is currently estimated that there are more than 4 million domestic workers 23 most of whom are women and girls in Indonesia who do not get adequate legal protection as workers as provided for example in Law No. 13/2003 on Labour. This lack of legal protection makes domestic workers vulnerable to economic exploitation and sometimes suffers from physical, mental and sexual violence.24 22. Komnas HAM believes that by ratifying the Bill on the Protection of Domestic Workers and ratifying ILO Convention No. 189, Indonesia will send a strong message that the state is committed to protecting millions of domestic workers at home and at the same time strengthening the state's efforts to protect millions of its citizens who become domestic workers abroad.25 Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR): ● To question the GoI about the delay in the issuance of the Draft Law on the Protection of Domestic Workers and the ratification of ILO Convention No. 189 (2011). Masyarakat Hukum Adat 23. The official terminology for indigenous populations or indigenous peoples in Indonesia is masyarakat adat or masyarakat hukum adat, which can be literally translated as “customary (law) communities” in English. As in other countries in Asia,26 there is still disagreement as to whether the masyarakat adat or masyarakat hukum adat are exactly equal to ”indigenous peoples‟ that defined in the international concern for indigenous peoples, as it is perceived throughout the United Nations system. There is not any official data stating the number of population of the indigenous peoples in Indonesia. The Alliance of Indigenous Peoples’ of the Archipelago (Aliansi Masyarakat Adat Nusantara, hereafter called as AMAN) estimated approximately 50 million to 70 million of the 240 millions overall populations in Indonesia. 24. The term masyarakat adat is not used in most Indonesian legal documents, except in the Special Autonomy Law of Papua No. 21/2001, the Oil and Gas Law No. 22 of 2001 and the Coastal and Small Islands Management Law No. 27 of 2007. On the other hand, the term masyarakat hukum adat (adat law community) is found in several laws including the 1945 Constitution, the Basic Agrarian Law No. 5/1960, Forestry Law No. 41/1999, Human Rights Law No. 39/1999, the Constitutional Court Law No. 24/2003, Water Resources Law No. 7 of 2004, Plantation Law No. 18 of 2004, and Environmental Protection and Management Law No. 32 of 2009. However, Komnas HAM argues that the legal recognition of indigenous peoples' existence and rights in some of those laws are not wholly consistent with of which formulated and defined in the 1945 Constitution. 23 Data according to ILO Indonesia, available at: https://www.ilo.org/wcmsp5/groups/public/---asia/---robangkok/---ilo-jakarta/documents/presentation/wcms_553078.pdf dan data menurut DPR RI, available at: https://www.dpr.go.id/dokakd/dokumen/RJ5-20200226-054930-5717.pdf. 24 National Commission on Violence against Women (Komnas Perempuan), Press Release on the Anniversary of International Day of Domestic Workers; 10 Year of ILO Convention 189, Time for Indonesia to Ratify, 15 June 2021, available at https://komnasperempuan.go.id/siaran-pers-detail/siaran-pers-komnas-perempuanperingatan-hari-pekerja-rumah-tangga-prt-internasional-16-juni-jakarta-15-juni-2021. 25 Komnas HAM, Enhancing the Protection of Indonesian Domestic Workers Abroad is a Way to Fulfil the Rights of Indonesian Nationals’ Human Rights, 14 April 2015, available at https://www.komnasham.go.id/index.php/news/2015/4/14/169/meningkatkan-perlindungan-prt-di-luarnegeri-sebagai-upaya-pemenuhan-hak-asasi-manusia-warga-negara.html. 26 United Nations Special Rapporteur on the rights of indigenous peoples. 2013 Report to the Human Rights Council, UN Doc. A/HRC/24/41/Add.3. 2013. p. 5.