RI workers in HK need legal protection<\/p>\n
HONG KONG (JP): When Ina, 25, left home in rural East Java,
\nshe chose to work in Hong Kong instead of one of the other
\nmigrant worker destinations, such as Saudi Arabia or Malaysia.<\/p>\n
\"Hong Kong is the only country that has good protection for
\nworkers,\" she said. Yes and no.<\/p>\n
True, Hong Kong has union-related laws for domestic workers.
\nThese laws guarantee the right to organize, go on strike and
\nengage in collective bargaining. Moreover, it also stipulates a
\nminimum wage -- now set at HK$ 3,860 per month --, a living
\nspace, labor accident compensation and a medical scheme. It even
\noffers an indefinite renewal of the two-year contracts.<\/p>\n
As a comparison, in Malaysia, where the highest number of
\nIndonesians go to work, there are neither union-related laws nor
\nminimum wage regulations.<\/p>\n
Despite the protection, the laws are frequently violated in
\nHong Kong. And, Indonesians suffer the most. They are usually
\nunderpaid and a large number only enjoy two days off a month -
\ninstead of four days. Although rare, physical abuse still
\nhappens.<\/p>\n
Arriving with little education and speaking hardly any
\nEnglish, they do not know how to defend or fight for themselves.
\nIn that case, who can they turn to in the foreign land?<\/p>\n
As Indonesians, they naturally turn to their official
\nrepresentative, the Indonesian Consulate General in Hong Kong.
\nSuhadi Salam, the head of the consulate's information section,
\nsaid they offer support to the workers from beginning to end.<\/p>\n
He pointed out that Agustaf Ilias, the Consulate staff for
\nmigrant workers' affairs, was about to leave for Indonesia to
\ntake home the body of a deceased migrant worker. \"She died
\nbecause of stress. Her husband at home pressured her,\" Suhadi
\nsaid.<\/p>\n
Indonesia's Consulate General accepts migrant workers'
\ncomplaints and grievances. However, they usually encourage
\nout-of-court settlements first with the agencies, who
\nunfortunately sometimes side with their clients, the employers.<\/p>\n
The Consulate General also runs regular orientation sessions
\nfor new employers and migrant workers, but no shelter or daily
\ncounseling services. In turn, many Indonesian workers turn to
\nNGOs or other volunteer services if they have grievances.<\/p>\n
However, there is a long history of hostility and distrust
\nbetween the Indonesian Consulate General and NGOs. \"If a worker
\nruns to an NGO and stays there for a week or a month without
\ntelling us, don't you think it violates procedure? As the legal
\nrepresentative of the Indonesian government, we need to be told
\neverything,\" Agustaf said.<\/p>\n
Rex Varona, of the Asian Migrant Center, sums up the NGOs
\npoint of view. \"It is the government's responsibility to provide
\nshelter, counseling and protection. The Indonesian government
\nisn't doing anything in cases of physical or contract abuse,\"
\nsaid Varona.<\/p>\n
In comparison, Varona pointed out that the Thai Consulate
\nGeneral in Hong Kong gave welfare assistance and shelter to Thai
\nworkers who ran away or were waiting for court cases.<\/p>\n
Varona gave an even harsher criticism: \"The Consulate General
\nacts as protector for agencies.\" Indeed, the Consulate General
\ndoes not condemn agencies' abuses.<\/p>\n
Instead, they make justifications.<\/p>\n
Consulate officials said that wage reductions were necessary
\nto compensate for the workers' living expenses in the Indonesian
\ndormitories while they waited for recruitment. They justify the
\nagencies' keeping their passports, which is a criminal act under
\nHong Kong law, as to prevent strangers from borrowing passports
\nto get bank loans.<\/p>\n
For a long time, the Asian Migrant Center has been a refuge
\nfor Indonesian workers seeking counseling and shelter.<\/p>\n
But, since the Center's Indonesian-speaking counselor resigned
\nin December 1995, they have stopped the counseling service
\nalthough they still provide shelter.<\/p>\n
Now, Indonesian workers go to Helpers for Domestic Helpers
\n(HfDC), a church-based charity organization, where Devi Novianti
\nis the Indonesian counselor. Devi said that unlike NGOs such as
\nAMC, the HfDC has a good relationship with the Consulate General.<\/p>\n
\"The Consulate General is very supportive. Unlike NGOs, we do
\nnot have a political mission,\" Devi said. \"We only take care case
\nby case. We only focus on helping the Indonesian migrant
\nworkers.\"<\/p>\n
Varona does not hide AMC's political agenda. Varona said AMC
\nis trying to lobby the Consulate General to give more protection
\nto the workers. It also wants the Indonesian government to ratify
\nthe UN Convention for Migrant Workers. So far, the Indonesian
\ngovernment has refused to sign it.<\/p>\n
Another support organization is the Asian Domestic Workers
\nUnion (ADWU), which also gives counseling and shelter. Most of
\nthe 2,800 ADWU members come from Thailand and the Philippines,
\nthere are only two Indonesians.<\/p>\n
Remy Borlongan, ADWU chairperson, suspects the language
\nbarrier deters Indonesians from joining ADWU. Most of ADWU's
\nmeetings and activities are conducted in English, and many
\nIndonesian workers are not fluent.<\/p>\n
For Indonesians, the image of ADWU is not that of a union that
\ncan protect or fight for their rights. \"It is a Filipino
\norganization,\" scoffed Ina when asked why she was not interested
\nin joining ADWU.<\/p>\n
It is a pity. Borlongan believes that nothing much will change
\nin the conditions of Indonesian workers' unless they join a union
\nand fight together.<\/p>\n
\"We need leaders from Indonesia,\" she said.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/ri-workers-in-hk-need-legal-protection-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }