RI workers in HK need legal protection

RI workers in HK need legal protection

HONG KONG (JP): When Ina, 25, left home in rural East Java,
she chose to work in Hong Kong instead of one of the other
migrant worker destinations, such as Saudi Arabia or Malaysia.

"Hong Kong is the only country that has good protection for
workers," she said. Yes and no.

True, Hong Kong has union-related laws for domestic workers.
These laws guarantee the right to organize, go on strike and
engage in collective bargaining. Moreover, it also stipulates a
minimum wage -- now set at HK$ 3,860 per month --, a living
space, labor accident compensation and a medical scheme. It even
offers an indefinite renewal of the two-year contracts.

As a comparison, in Malaysia, where the highest number of
Indonesians go to work, there are neither union-related laws nor
minimum wage regulations.

Despite the protection, the laws are frequently violated in
Hong Kong. And, Indonesians suffer the most. They are usually
underpaid and a large number only enjoy two days off a month -
instead of four days. Although rare, physical abuse still
happens.

Arriving with little education and speaking hardly any
English, they do not know how to defend or fight for themselves.
In that case, who can they turn to in the foreign land?

As Indonesians, they naturally turn to their official
representative, the Indonesian Consulate General in Hong Kong.
Suhadi Salam, the head of the consulate's information section,
said they offer support to the workers from beginning to end.

He pointed out that Agustaf Ilias, the Consulate staff for
migrant workers' affairs, was about to leave for Indonesia to
take home the body of a deceased migrant worker. "She died
because of stress. Her husband at home pressured her," Suhadi
said.

Indonesia's Consulate General accepts migrant workers'
complaints and grievances. However, they usually encourage
out-of-court settlements first with the agencies, who
unfortunately sometimes side with their clients, the employers.

The Consulate General also runs regular orientation sessions
for new employers and migrant workers, but no shelter or daily
counseling services. In turn, many Indonesian workers turn to
NGOs or other volunteer services if they have grievances.

However, there is a long history of hostility and distrust
between the Indonesian Consulate General and NGOs. "If a worker
runs to an NGO and stays there for a week or a month without
telling us, don't you think it violates procedure? As the legal
representative of the Indonesian government, we need to be told
everything," Agustaf said.

Rex Varona, of the Asian Migrant Center, sums up the NGOs
point of view. "It is the government's responsibility to provide
shelter, counseling and protection. The Indonesian government
isn't doing anything in cases of physical or contract abuse,"
said Varona.

In comparison, Varona pointed out that the Thai Consulate
General in Hong Kong gave welfare assistance and shelter to Thai
workers who ran away or were waiting for court cases.

Varona gave an even harsher criticism: "The Consulate General
acts as protector for agencies." Indeed, the Consulate General
does not condemn agencies' abuses.

Instead, they make justifications.

Consulate officials said that wage reductions were necessary
to compensate for the workers' living expenses in the Indonesian
dormitories while they waited for recruitment. They justify the
agencies' keeping their passports, which is a criminal act under
Hong Kong law, as to prevent strangers from borrowing passports
to get bank loans.

For a long time, the Asian Migrant Center has been a refuge
for Indonesian workers seeking counseling and shelter.

But, since the Center's Indonesian-speaking counselor resigned
in December 1995, they have stopped the counseling service
although they still provide shelter.

Now, Indonesian workers go to Helpers for Domestic Helpers
(HfDC), a church-based charity organization, where Devi Novianti
is the Indonesian counselor. Devi said that unlike NGOs such as
AMC, the HfDC has a good relationship with the Consulate General.

"The Consulate General is very supportive. Unlike NGOs, we do
not have a political mission," Devi said. "We only take care case
by case. We only focus on helping the Indonesian migrant
workers."

Varona does not hide AMC's political agenda. Varona said AMC
is trying to lobby the Consulate General to give more protection
to the workers. It also wants the Indonesian government to ratify
the UN Convention for Migrant Workers. So far, the Indonesian
government has refused to sign it.

Another support organization is the Asian Domestic Workers
Union (ADWU), which also gives counseling and shelter. Most of
the 2,800 ADWU members come from Thailand and the Philippines,
there are only two Indonesians.

Remy Borlongan, ADWU chairperson, suspects the language
barrier deters Indonesians from joining ADWU. Most of ADWU's
meetings and activities are conducted in English, and many
Indonesian workers are not fluent.

For Indonesians, the image of ADWU is not that of a union that
can protect or fight for their rights. "It is a Filipino
organization," scoffed Ina when asked why she was not interested
in joining ADWU.

It is a pity. Borlongan believes that nothing much will change
in the conditions of Indonesian workers' unless they join a union
and fight together.

"We need leaders from Indonesia," she said.