Malaysia and Indonesia both exploit workers

Malaysia and 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 neighboring 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 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 interviewed workers say they are constantly harassed by
the police -- but say they prefer to return because of even lower
wages and less certainty in their own country. 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?