JP/6/FAIZA It's pseudo-nationalism to blame only Malaysia

Malaysia, Indonesia both exploit workers

Faiza Mardzoeki Women's Solidarity for Human Rights (Solidaritas Perempuan) Jakarta

Since Malaysia passed Immigration Act No. 1154 2002 in August, there has been a mass deportation of migrant workers from there. The new law applies to those workers not possessing legal documents and also to their employers. The new law imposes penalties of caning, fines as well as prison terms for both parties. Like an avalanche, the flight of fleeing workers has led to thousands being left stranded on the island of Nunukan, which lies on the border between Tawau and East Kalimantan.

Figures for the period up until August show that 350,000 people have passed through the island, with 70 deaths occurring among these workers and their families as a result of a delayed reaction from the Indonesian government.

Criticism and protests against the Malaysian government need to be stronger. But the Indonesian government is equally guilty of unjust and inhumane policies. It is false nationalism to oppose the policies of only one government.

Our government has been extremely slow in responding to the emergency situation, and even gives the impression of being unconcerned. The President has not commented at all on the situation of the people abandoned in Nunukan. She did not take the opportunity to raise this issue during the meeting between herself and Prime Minister Mahathir Muhammad in Bali on Aug. 7 and Aug. 8. The President apparently prefers to travel the world rather than visit her people who are suffering so much.

Mahathir's government is meanwhile applying a double standard in handling the issue of Indonesian migrant workers. Most of these workers are in the construction or plantation industries, while the remainder are in domestic service. They are paid low wages and are constantly harassed by the police. According to data from the Indonesian Consortium for the Defense of Migrant Workers (KOPBUMI), 700 Indonesian workers have been arrested and placed in detention camps, and 23 have been sentenced to caning.

The Malaysian government has unfairly accused Indonesian workers as being behind past riots and unrest in that country. This is in fact a form of discrimination toward Indonesian workers. The Malaysian government should also be prepared to investigate the repressive practices of its police, who use threats and violence in raids known as Operasi Pengenyahan (drive-out operations) and also extort migrants for money.

As it has often been noted, Malaysia's prosperity would not have been possible without Indonesia's workers. Its plantations, the nation's pride -- the Petronas Towers, its international airport and the Formula I racing circuit are all the result of the hard work of Indonesian migrant workers, many of whom suffered during the construction of these buildings.

The Indonesian and Malaysian governments have used, and abused, these migrant workers. For Indonesia, these workers reduce unemployment at home, while the government continues to be unable to create adequate employment for the rest of the country. The workers have become a major source of foreign exchange and contribute an average of Rp 23 billion per year to the economy. The Ministry of Manpower revealed there were 387,304 workers sent overseas last year.

At the same time, Malaysia needs these workers to carry out work in the "3D" category -- dirty, dangerous and difficult -- the type of work that locals are reluctant to be engaged in.

The mass deportations have provoked tension between both countries. Resolving these problems in the future requires an approach that goes beyond just fixing up documents.

The Indonesian government needs to learn to listen to its people. To date, the government has only looked upon migrant workers as commodities bringing in foreign exchange. The only regulations the government has produced are rules relating to those for labor placement.

The government needs to stop viewing these people as a commodity and see them as people with human rights that have to be protected. There should immediately be a new law extending this protection to Indonesian migrant workers. Indonesia needs to quickly ratify the United Nations Convention on the protection of Migrant Workers and their Families.

The Malaysian government needs to have their eyes opened to see that their police are also violating the human rights of these workers. They need to review their laws on these matters. They should respect the principles laid down in the international conventions on migrant workers.

Now is the time for these two governments to take these issues seriously. The two countries need each other. There needs to be a bilateral agreement that gives protection to the Indonesian migrant workers and it should be accompanied by a high level of labor diplomacy that is in the principles of justice.

These are the tasks ahead of Megawati and Mahathir. But perhaps this is all beyond them and someone else needs to take over?