RI must learn from illegal migrant issue

RI must learn from illegal migrant issue

Philips Jusario Vermonte, Researcher, Centre for Strategic and
International Studies, Jakarta

The issue of illegal workers has reached new heights over the
past few days. Reactions have been coming thick and fast not only
from our state officials, but also we have witnessed anti-
Malaysian protesters burning that country's flag in front of the
Malaysian embassy. Malaysia has also reacted irrationally by
issuing a travel warning to its citizens, urging them not to
"travel to Indonesia or any country where emotions run high, with
or without reason" (The Jakarta Post, Aug. 27).

Obviously, the issue of migrant workers has become a
contentious diplomatic thorn between the two countries. What we
have seen so far has been overreaction from our side towards
Malaysia's determination to implement the new Immigration Act
since earlier this month. On the other hand, the Malaysian
government's decision to issue a travel warning certainly
contributes to the escalation of the problem.

It would seem that the issue justifies the concerns of
Association of Southeast Asian Nations (ASEAN) members since 1998
that Indonesia's economic and political crisis may bring serious
consequences to the region. With little employment at home,
Malaysia is extremely attractive to workers from Indonesia. A
modest estimate shows that there are at least 600,000 Indonesian
workers in Malaysia, of which more than 400,000 may be considered
illegal workers.

In light of the fact that the Malaysian government has given
four months to the illegal workers from Indonesia to report and
leave the country, the complaints from some of our leaders
regarding the caning and sentencing of the illegal workers, as
provided for by Malaysia's Immigration Act, are wide of the mark.
Worse, there is a widespread notion here that Malaysia should
ease up on its tough policy on illegal workers on the grounds
that Indonesia and Malaysia belong to the same Malay ethnic
group.

Once again, Indonesia is cornered not by things that it has
done, but by things that it has not done. Indonesia, as Vice
President Hamzah Haz admits, has not done much to solve the issue
of illegal workers. The issue has shown that the government does
not have the capability of protecting the interests of its
citizens by providing employment for them. One may point to the
economic crisis and the severe consequences arising therefrom
that we have been experiencing since 1997 to explain the growing
numbers of Indonesians who have been forced to look for jobs
overseas.

It is true that the economic crisis has increased the
unemployment level in Indonesia. But at least the Indonesian
government should have been prepared for the consequences of the
outflow of Indonesian workers looking for jobs to our neighboring
country. Such anticipation could have been seriously effected
either bilaterally or multilaterally within the ASEAN framework,
for example.

By doing so, Indonesia would not be perceived as "an exporter
of problems". For example, Indonesia has been blamed since 1997
for the haze problems that causes serious health problems in
Singapore and Malaysia. To a large extent, the problem of migrant
workers as well as the haze stem from our own inability to
satisfactorily prevent these problems from occurring.

It is not the failure of our diplomacy, as one of our House
leaders has misleadingly put it, but it is a problem for us as a
nation. Criticizing Malaysia for its harsh measures towards
illegal immigrants clearly reflects our poor understanding about
law and the price that must be paid in implementing the law. The
Malaysian government has taught us a lesson that determination is
needed in implementing laws. It is really a great lesson for
Indonesia, which is undergoing the transition to democracy. At
the heart of democracy lies the principle of the rule of law.

What is needed at this point is for the governments of
Indonesia and Malaysia to sit down to resolve the problem and its
consequences properly. Malaysia must realize that Indonesia is
now a more democratic country in which people are allowed to
speak up.

Therefore, the Malaysian government must separate the official
and unofficial statements from the Indonesian side. Members of
the legislature or the Indonesian media, for example, may express
anger over the Malaysia's decision on illegal Indonesian workers.
If the Malaysian government fails to understand this, then
diplomatic relations can only get worse.

The most important thing is that from now on Indonesia must
realize that ethnic sentiment is not enough in this global era.
The spirit of cooperation based on shared values should be
transformed into action with a proper legal framework. Malaysia
seems to be ready for that. Are we ready for that too?