JP/4/TKI
JP/4/TKI
Law, bilateral agreements urgent for migrant workers
A. Junaidi
The Jakarta Post
Jakarta
The enactment of a law protecting migrant workers in receiving
countries is much more urgently needed than the recently signed
joint ministerial decree to set up advocacy teams overseas,
observers said.
Wahyu Susilo of the Indonesian Migrant Workers Protection
Committee (Kopbumi) and former manpower minister Bomer Pasaribu
were referring to the joint decree signed by seven ministers on
the establishment of advocacy teams abroad to help migrant
workers.
Wahyu said the plan was not feasible as there were simply not
enough team members to cater to the 1.2 million Indonesian
workers employed in Saudi Arabia and Kuwait alone, according to
the latest figures. Minister of Manpower Jacob Nuwa Wea said 80
people would cater to some 800,000 workers in these countries,
the main destinations for Indonesian workers in the Middle East.
"Besides, even if the agreement says the teams are to be
partly financed by the existing protection fees paid by workers,
usually there are new levies imposed for every new scheme the
government comes up with, Wahyu added. He also said the teams
should not include representatives of the labor supply companies,
which have been widely identified as being part of the problem.
Many of these companies have been found to have sent workers
abroad illegally.
On Monday, seven ministers -- Coordinating Minister for
Peoples' Welfare Jusuf Kalla, Minister of Foreign Affairs Hassan
Wirayuda, Minister of Religious Affairs Said Agil Al-Munawar,
Minister for Women's Empowerment Sri Redjeki Soemaryoto, Minister
of Justice and Human Rights Yusril Ihza Mahendra, and Minister of
Communications Agum Gumelar, as well as Minister Jacob -- signed
the decree.
According to the article 2 of the decree, the teams, each
consisting of four members, will be placed in cities abroad
depending on the need.
Wahyu pointed to a similar, well-meaning joint decree on
migrant workers signed two years ago, which had failed to bring
about any meaningful changes
Non-governmental organizations such as Kopbumi have long been
urging the enactment of a law on migrant worker protection. Wahyu
also said that bilateral agreements between Indonesia and
receiving countries were urgently needed. Despite the setting up
of the advocacy teams, "in the absence of a law on migrant
workers and bilateral agreements, the problems will not be
capable of being resolved thoroughly," he explained
Bomer Pasaribu, now a researcher on the manpower field,
reiterated his view that as "70 percent of the problems" related
to migrant workers stemmed from conditions within the country,
the teams would likely be able to solve only some 30 percent of
the problems.
He said problems arose due to lack of care in the recruitment
of workers, lack of integrity on the part of many labor supply
firms, and the extensive network of agencies and brokers which
were responsible for many of the abuses perpetrated against
migrant workers. The situation was compounded by the absence of a
specific law.
Duties of the advocacy teams according to Article 4 of the
decree:
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a. Providing protection and legal assistance, defending basic
rights.
b. Collecting data on migrant workers
c. Identifying the names and addresses of employers
d. Providing guidance for migrant workers
e. Providing counseling and representing workers facing problems
f. Helping to solve disputes between migrant workers and
employers
g. Helping with administrative and document-related problems
h. Intervening in cases of non-payment of salaries.
i. Upholding the rights of migrant workers who have been
dismissed.
j. Supporting legal action by migrant workers where their rights
have been infringed.
k. Helping resolve disputes between migrant workers and third
parties.
l. Helping arrange compensation or insurance payments in the case
of work-related accidents or death
m. Assisting with the return of migrant workers to Indonesia
n. Other duties as assigned by the relevant ministers.