Labor exporters, NGOs oppose labor bill

Ridwan Max Sijabat, The Jakarta Post, Jakarta

While the House of Representatives is yet to extensively discuss the bill on labor placement and protection overseas, both labor exporters and non-governmental organizations have spoken out against it, for conflicting reasons.

Labor exporters called on the House and the government to suspend the bill's deliberation, as it focused on the punishment of labor-supplying companies found guilty of violating the law, as well as the legalization of the government's involvement in labor export.

However, in an official statement signed by chairman of the Indonesian Labor Exporters Association (Himsataki) Yunus Yamani, the association opposed the bill as it was not directed toward the regulation of labor export, and failed to stress the government's function in supervising labor export.

"The House and the government should suspend the endorsement of the bill this month and facilitate dialogs with all stakeholders to produce appropriate legislation," the statement said.

Chapter two of the bill, -- according to the association's statement -- stipulates the government's main task of regulating and supervising labor export, and says that labor exporters found guilty of violations could face a maximum sentence of three years imprisonment and a Rp 5 billion fine. The statement said chapter six of the bill allows the government to play the role of labor exporter.

It also said the bill was not fair, as it requires labor exporters to insure all workers they send abroad at their own expense. To date, the government has appointed a number of consortia to provide insurance schemes for workers employed abroad.

Saleh Alwaini, president of PT Binawan Inti Utama, which exports skilled workers overseas, hailed the harsh bill for helping to educate labor exporters and empower workers.

"Ideally, the government should play its own role as regulator, while labor exporters should establish their business to become professional. Those found guilty of failing to provide protection for workers should be given the maximum penalty and fine," he said, adding that the rampant abuse of Indonesian workers overseas was largely due to the negligence and profit- oriented policies of labor exporters.

"In running such a business, we must be extra cautious, as we are sending people, not goods. Workers should be empowered through fair wages and the understanding of their rights. Labor exporters should not seek profit, but a fair fee from every person they send overseas," he said.

Meanwhile, labor activists have opposed the bill, which they say has similar content to Ministerial Decree No. 104A/2003 on the labor export procedure.

Wahyu Susilo, the coordinator of NGO Migrant Care, said the House should suspend the planned deliberation, so that the government has time to consult with NGOs and revise the draft law.

"The bill should stipulate the official procedure, handing full responsibility to the government and labor exporters to ensure the protection of workers employed overseas. It should carry harsh sanctions for labor exporters who abuse workers," he said.

Endang Sulistiyawati, chairperson of the Pancakarsa Foundation in Mataram East Nusa Tenggara, concurred, saying that the government should form an independent agency -- together with NGOs and labor exporters -- to manage labor export.

"We can learn from the Philippines, which empowered its migrant workers to cope with its high unemployment rate at home," she said.

The House was scheduled to deliberate the bill on Aug. 20. President Megawati Soekarnoputri has appointed Minister of Manpower and Transmigration Jacob Nuwa Wea to represent the government in the bill's deliberation.