Laws on human trafficking
\nurgently needed in RI<\/p>\n
Bayu Wicaksono
\nJournalist
\nJakarta<\/p>\n
In October 2001, the United Nations (UN) evaluated Indonesia
\nas Standard 3 -- the lowest in the context of human trafficking.
\nThis means that Indonesia is not serious in eradicating human
\ntrafficking and has no legal instruments to clamp down on it,
\ncompared, for instance, to standard 2 countries which already
\nhave the legal instruments. Although Indonesia has ratified the
\nconvention on the right of the child, it is no longer considered
\na transit country for human trafficking, but a supply center.<\/p>\n
Last month's international conference on illegal migrants and
\nrelated transnational crime in Bali can be seen as Indonesia's
\neffort to at least step up to standard 2.<\/p>\n
Until now, Article 297 of the Criminal Code still applies in
\nIndonesia, although this provision does not clearly define human
\ntrafficking, as it does not encompass the reality, starting from
\nthe process and ending with the crime.<\/p>\n
This article only mentions the trading of women to be made
\nprostitutes. In fact, the reality shows that women are traded
\ntoday for labor and sexual exploitation, adoption, the trading of
\nhuman organs and contractual marriages.<\/p>\n
Meanwhile, the Transnational Organized Crime Convention has
\nbeen reached and one of its protocols specifically mentions human
\ntrafficking, in particular the trading of women and children.<\/p>\n
This convention defines the trading of human beings, as every
\nmobilization, transportation, removal from one place to another,
\ndelivery of people under threat or with coercion or other forms
\nof compulsion leading to fear, coercion, deceit, including
\npayment in the form of human labor and\/or forced labor.<\/p>\n
Included in the act of human trafficking is also the
\nmobilization, transportation, removal from one place to another,
\ndelivery of people and children (under the age of 18) despite
\ntheir own agreement as a result of false promises. They often
\ngive their approval without fully understanding that they
\nthemselves are involved in the trading of people and children.<\/p>\n
In Indonesia, women are traded as domestic maids, prostitutes,
\nor employed at offshore houses built on bamboo platforms in the
\nwaters off Sumatra and Java. They are then sold to become
\nbeggars, street singers and other street-related jobs.<\/p>\n
In areas of conflict, these women will be involved in false
\nadoption cases. In Singkawang and Pontianak, West Kalimanta, many
\nof them are sold as mailorder brides. There are also women who
\nare traded into the drugs trade. Meanwhile, children are traded
\nto work in estates and factories. They may also be exploited by
\npedophiles.<\/p>\n
There are many ways that syndicates involved in women-and-
\nchildren-trafficking employ to net their victims, even in the
\nremotest parts of the country. Generally, they give false
\npromises of better jobs in other regions. They often pretend to
\nbe labor recruiters, make use of people trapped by debt and
\ntarget such families so they surrender their children or their
\nwives.<\/p>\n
Victims often become trapped by means of addictive substances
\nso that they will be willing to do anything.<\/p>\n
Meanwhile, in conflict-ridden areas, displaced people with
\nuncertain futures are usually deceived with empty promises of
\nemployment. A trap placed for those in isolation also serves as
\nan effective weapon, particularly with respect to migrant workers
\nwho are abroad. These migrant workers generally have no other
\nchoice but to let themselves fall into this trap.<\/p>\n
Those involved in human trafficking are difficult to detect
\nbecause of several factors. In many cases, the families of the
\nvictims have been involved, knowingly or otherwise. They may
\nreason that they are not financially capable of raising the
\nchildren or that they do not want the children at all.<\/p>\n
In some cases, the children have got job offers from their
\nfriends, who make personal gains from this activity. In the third
\ncategory are middlemen, who arrange the recruitment, placement or
\nthe processing of false residential identity cards.<\/p>\n
These people may operate under the official name of a company
\nor they may carry out their activities individually at bus
\nterminals, railway stations, shopping centers and other public
\nplaces. Then there are government agents involved in the making
\nof residential identity cards, forging passports. Also included
\nare officials of the Ministry of Manpower who fail to exercise
\ncontrol over this matter or officials of regional administrations
\nwho fail to protect migrant workers. The last category includes
\nsyndicates for commercial sex, pedophiles and drug traffickers.
\nIn their operations they often collect street urchins or kidnap
\nchildren from decent families.<\/p>\n
As a result of this trade, victims suffer from major physical
\nand mental violence, and in some cases this violence leads to
\nlifelong trauma. Already marginalized members of society, women
\nare made to feel even more abandoned.<\/p>\n
Given the UN's low evaluation of Indonesia, it is urgent that
\nprotection is incorporated in a law and regional bylaws. The law
\nmust contain firm and clear sanctions to be imposed on human
\ntrafficking, particularly regarding women and children. It is the
\ntask of the manpower and transmigration ministry to inform the
\npublic of this information so that when people seek employment
\nthey can minimize the risks of exposure to syndicates involved in
\nhuman trafficking.<\/p>\n
The government must also strive toward allowing women higher
\nchances of gaining employment, given their vulnerability.
\nRegional administrations should play an active role, along with
\nregional legislative councils, to prevent and abolish human
\ntrafficking. Regional administrations should also control and be
\nalert to any indication of human trafficking.<\/p>\n
The community must play an active role to report to the police
\nif they know that human trafficking is practiced in their areas.<\/p>",
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