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?