Repatriation of 'illegal' RI workers
Repatriation of 'illegal' RI workers
Wahyu Susilo, Jakarta
About 160,000 Indonesian illegal migrant workers will return
home under an amnesty scheme provided by the Malaysian
government, which has set a repatriation deadline of Nov. 14.
Kuala Lumpur's amnesty policy for illegal Indonesian workers
comes as a relief, as they can come home without fear of
sanctions, at least temporarily. On the other hand, the policy
has created more difficulties for Jakarta.
The government has not been able to draw up an action plan
since July -- when the mass repatriation was decided? -- to
prepare for the workers' return because of an uncertainty about
the deadline. The Malaysian government has unilaterally changed
the repatriation schedule three times, from the original Sept. 1
deadline to Nov. 16 -- after Idul Fitri -- and now, January 2005.
This shows that Jakarta's bargaining power vis-a-vis Kuala
Lumpur in setting the repatriation deadline is very weak.
Although the hundreds of thousands of undocumented migrant
workers who are returning these days are not part of this
government-sponsored repatriation, Jakarta must take a serious
approach toward the management of all repatriating migrant
workers, especially as this occurs as part of the annual Idul
Fitri exodus.
Meanwhile, a tendency to criminalize migrant workers by
referring to them as illegal overseas workers or illegal migrants
has provided justification for the state to discriminate them in
terms of welfare and protection. This discrimination has been
demonstrated by the Dumai and Batam municipal administrations in
their refusal to provide their territories as transit
repatriation points. In this context, the government is obviously
neglecting its responsibility to protect its citizens.
Thorough observation will show that the problem of
undocumented migrant workers has arisen as because of corruption,
collusion and nepotism in the bureaucracy that has led to the
poor management of recruiting and placing migrant workers. The
issue if further compounded because the performance of domestic
recruitment companies is not monitored, and employers prefer to
hire undocumented workers to rake in a greater profit, as
employers can cut costs in levies and wages for unskilled labor.
Despite this inequality between undocumented migrant workers
and employers, the Malaysian government has been relatively blind
to the practice and has never taken any significant legal action
against Malaysian employers who hire undocumented workers.
Given this situation, it is only natural that the government
implement political diplomacy and question Kuala Lumpur's stance
toward their nationals -- both individual and corporate -- that
employ undocumented migrant workers and push them to adopt a firm
policy in this matter.
Meanwhile, media coverage and monitoring of workers returning
to Indonesia through Belawan, Tanjung Priok and Tanjung Perak
ports -- about 15,000 people as of today -- have found that the
majority of workers have had their belongings seized while in
detention camps. It has also been learned that violence is still
used in their arrest.
The shooting case of Unus, a migrant worker from East Nusa
Tenggara, stands testament to the brutality of Malaysia's
deportation process. Likewise, the treatment workers experienced
at the hands of PT Indosima and PT Pinangsia while in transit and
en route to their hometowns was inhumane.
The tragedy in 2002 at Nunukan, of at least 64 migrant workers
died in transit camps from dehydration, malnutrition and
diarrhea, should never recur.
However, preventing this and other such occurrences will be
possible only if the government has its crisis management
department handle the mass repatriation of migrant workers from
Malaysia.
Two urgent steps must be taken by the government in the
repatriation of undocumented migrant workers: First, the
government must respond immediately so they will be involved
directly; and second, they must pursue political diplomacy.
The quick-response strategy must begin with ensuring that the
Malaysian government is consistent with their amnesty policy and
will not conduct any more raids -- with violence or otherwise --
against undocumented migrant workers. The government must then
ensure that all Indonesian missions in Malaysia can issue
repatriation documents (SPLP) to all migrant workers wishing to
come home during this amnesty period. This administrative process
must be transparent and affordable, and must also be free from
extortion and brokering.
The government must also guarantee security as regards
transportation, in particular checking the seaworthiness and
passenger capacity of sea transportation.
Upon the strengths of its past experience in repatriating
workers regularly, the government must take over repatriation
services for undocumented migrant workers from PT Indosima and PT
Pinangsia, as these firms prioritize their business profit rather
than the security and safety of migrant workers.
These quick-response steps must be taken to show the state's
commitment to protecting its citizens, and that the project is
not a waste of the budget.
The second step is political diplomacy, that is, maximizing
all political resources at the government's disposal to conduct
negotiations at an executive level on the protection of
Indonesian migrant workers in Malaysia. The government must send
a diplomatic note to Kuala Lumpur immediately to ensure that they
will remain within the bounds of human rights enforcement in its
handling of undocumented migrant workers.
The Malaysian government must also be urged to act fairly by
punishing employers and companies proven to have employed
undocumented Indonesian migrant workers.
Finally, one thing the government must not forget is to demand
an amendment to the memorandum of understanding on labor export
and to renew it with the inclusion of an article on migrant
worker protection, particularly for those workers employed as
domestic help and in the handling of undocumented migrant workers
without violating human rights.
The writer is a Labor Policy Analyst at Migrant CARE.