House endorses bill on migrant worker protection

Ridwan Max Sijabat, The Jakarta Post, Jakarta

The House of Representatives has passed the bill on migrant workers protection, which is opposed by non-governmental organizations (NGOs) on the grounds that it was more exploitative than protective.

All eight House factions and the manpower minister, representing the government, gave their full support for the bill at Monday's plenary session in a bid to provide protection for Indonesian workers abroad.

The bill's endorsement was highlighted by a protest along a balcony at the House, held by dozens of labor activists who unfurled a banner reading Pengesahan RUU PPTKILN berarti matinya hati nurani (the endorsement of the migrant worker protection bill means the death of conscience).

The bill, which was deliberated by the House and the government over a mere two weeks, has sparked strong opposition from NGOs and labor activists, as the draft law does not regulate the means and manner of migrant workers' protection spanning their recruitment, the duration of their overseas employment and over their relocation abroad and repatriation.

Chapter 5 of the bill focuses more on the government's multiple roles, labor exporters' responsibilities, labor export procedures and legal sanctions, rather than detailing measures of protection to be provided by industry players.

"(The bill) mentions labor protection, but it does not regulate how workers should be protected," said Salma Safitri, coordinator of the Solidarity for Women (SP).

Salma, who is also spokeswoman for the Alliance for Protection of Indonesian Overseas Migrant Workers, said the legislation should set an international standard protection for migrant workers as regulated by the International Labor Organization's Convention on Migrant Workers.

The bill was also deemed unfair, as it assigns a multifunctional role to the government as regulator, supervisor and supplier, while it omits the government's liability to sanctions for any violations of the law.

"The government's multiple function is redundant and confusing. Besides, the bill carries harsh sanctions only against labor suppliers or individuals that violate the law, while the ministry will escape any punishment for any violations it commits during the labor export process," said Salma.

The bill regulates a minimum two-year sentence and a maximum 10-year sentence and/or a maximum Rp 15 billion (US$1.5 million) fine against all individuals, agencies and organizations supplying workers overseas without a license and for jobs against moral norms.

The sanction is aimed at preventing the smuggling of illegal workers overseas, since most abuse cases of migrant workers have involved illegal workers, according to manpower ministry and NGO data.

An estimated one million of the more than two million Indonesians working overseas are illegal and face risks of exploitation and violence.

Malaysia plans to deport in January some 700,000 Indonesian workers who were found to be illegal. About 1.2 million Indonesian workers are employed -- legally and illegally -- in the neighboring country. Meanwhile, more than 300,000 illegal migrant workers are employed in Saudi Arabia, Syria, Jordan, Kuwait, Japan, Singapore and South Korea.

The bill also carries a minimum one-year sentence and a maximum five-year sentence and/or a maximum Rp 5 billion fine against errant labor exporters. Under Chapters 19, 33, 35, 45, 50 and 70 of the bill, labor exporters are prohibited from lending their licenses to unauthorized companies, and from recruiting workers who do not meet administrative requirements or do not possess proper documents.

Minister of Manpower and Transmigration Jacob Nuwa Wea denounced the opposition of the bill, saying the draft law was discussed with stakeholders before it was deliberated.

"NGOs and labor activists are decrying the bill because they do not understand the core problem and do not know its precise contents. It better for us to have a legislation, despite its weaknesses, than have only Ministerial Decree No. 104A/2004," he said after the plenary session.

He defended the government's multifunctional role, saying labor export fell under the government's jurisdiction, and that the private sector was not ready to take over the sector.

Nuwa Wea said the legislation regulated standard recruitment procedures, labor contracts and legal protection during employment, similar to the Philippines' migrant workers law.

"The bill even requires the establishment of a national inter- departmental agency to develop the necessary labor export regulations and policies," he added.