Labor exporters protest new controversial decree

Labor exporters protest new controversial decree

Ridwan Max Sijabat, The Jakarta Post, Jakarta

Migrant labor exporters are protesting a government decree
slapping recruitment fees on workers sent to Malaysia and
establishing a consortium they said would institutionalize labor
extortion.

The Association of Labor Exporters to the Asia-Pacific Region
(Ajaspac) said Decree No. 79/2005 issued by Manpower and
Transmigration Ministry director general I Gusti Made Arka in
early February required workers wanting to work in Malaysia to
pay a high price for documents and training.

Ajaspac legal advisor Halomoan Hutapea told The Jakarta Post
on Tuesday that the decree was illegitimate.

"According to the Amended 1945 Constitution, a director
general has no authority to issue a decree imposing levies on
workers that do not match the conditions in the field," he said.

According to the decree, a Malaysia-bound worker has to pay Rp
120,000 (US$13) to apply for a passport and Rp 250,000 for a
health check.

The immigration office charges only Rp 110,000 for a passport,
while workers usually pay only Rp 125,000 for checkups in public
hospitals.

The decree requires workers to pay Rp 100,000 for work visas,
while the Malaysian government issues work visas for free.

Halomoan said according to Ajaspac's calculations, the
recruitment and training fees could be reduced to about Rp 2.5
million a head.

He said the skyrocketing fees had contributed to the
reluctance of illegal Indonesian immigrants to return home from
Malaysia.

Ajaspac also criticized the creation of the Consortium of
Amnesty Programs for Ex-Malaysian Workers (KPA). The
establishment of the group contravened the recent bilateral
agreement between Indonesia and Malaysia, it said.

"The consortium is chaired by a labor exporter who has a
personal relationship with Manpower and Transmigration Minister
Fahmi Idris," Halomoan said.

The ministry is facilitating a task force assigned to provide
a one-stop service for workers wanting to return to Malaysia
legally.

Halomoan said based on the decree, the consortium could make
Rp 26.7 billion from 100,000 migrant workers who are returning to
the neighboring country.

Meanwhile, human rights activist Todung Mulya Lubis called on
the government to carry out an advocacy program for troubled
workers overseas since the labor exports had contributed to the
country's revenues for decades.

"The government should give a red carpet welcome to all
workers upon their arrival home since they have contributed to
the country's economy for at least 20 years," Todung told a
discussion about the protection of Indonesian workers overseas.

According to manpower ministry data, labor exports generate
around US$1.2 billion annually in foreign exchange from more than
two million Indonesians working overseas.

Todung said the government was morally obliged to provide
legal protection for its citizens working overseas.

"The government should also coordinate with labor exporters
and workers' employers overseas to raise legal aid funds to hire
lawyers to provide advocacy for workers involved in disputes," he
said.