Labor exporters, NGOs oppose labor bill

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.