C. The lack of protection for creative workers in the midst of their significant contribution to the Indonesian economy 19. Although the contribution of the creative industry is quite significant for the Indonesian economy, the protection of the rights of workers in the creative industry is neglected because the government does not include them in the working class whose rights are protected in labor policies. 19 The vulnerabilities experienced by freelancers in the creative industry based on data from the Media Workers and Creative Industries for Democracy (SINDIKASI): 59% do not have a work contract, 38% work more than 8 hours a day, 76% female freelancers do not get menstrual leave, 93 % do not get health and safety insurance during the work period, 79% felt that the workload, working hours and work values had an effect on mental health, 87.8% do not receive compensation due to job cancellation by the employer, 56.1% of the workforce had dependents ( such as parents, children, husband/wife), 86% were late/unpaid, and 77% did not join a trade union.20 Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR): ● To question on how the GoI and the House of Representatives ensure people participation in the revision process of the Law No. 11 of 2020 on Job Creation, and to include social and economic protection for workers in all sectors, both formal and informal, including precariate workers in the provisions of the employment cluster of the Law; ● To encourage the GoI to ratify various international instruments needed to protect precariate workers, such as the ILO Convention No. 177 on Home Work Convention (1996); and ● To Encourage the GoI to issue regulations concerning a partnership working relationship in both the digital sector and the creative industry with the spirit of ensuring that these workers have the same rights as other workers in the formal sector inaccordance to human rights principles. Domestic Workers 20. The Draft Law on the Protection of Domestic Workers has been on the National Legislation Programs (Prolegnas) since 2004, but there is no sign that it will be passed by the Parliament (DPR RI) in the near future. The Committee on CESCR has recommended the passage of the Draft Law and the ratification of the ILO Convention No. 189 (2011) on Domestic Workers in the First Concluding Observation for Indonesia.21 The Committee on the Elimination of Discrimination against Women (CEDAW) mentioned similar concern in the Concluding Observations for the recent 8th periodical report for Indonesia.22 19 Komnas HAM RI, Tinjauan atas Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja dan Peraturan Pelaksanaannya Pada Klaster Ketenagakerjaan terhadap Hak Atas Pekerjaan dan Penghidupan yang Layak Bagi Pekerja Prekariat, 2021. 20 Bimo Aria Fundrika’s presentation during a public discussion organised by Komnas HAM RI on the Job Creation Law in Jakarta, 2021. 21 Committee on Economic, Social and Cultural Rights (CESCR), Concluding observations on the initial report of Indonesia, 19 June 2014, UN Doc E/C.12/IDN/CO/1, para 17. 22 Committee on the Elimination of Discrimination against Women (CEDAW), Concluding observations on the eighth periodic report of Indonesia, 15 November 2021, UN Doc CEDAW/C/IDN/CO/8, para 42.