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.