Unpaid wages of migrant workers

V.K. Chin, The Star, Asia News Network, Selangor, Malaysia

It is indeed commendable that the Indonesian government has taken up the cause of its nationals whose wages have yet to be paid by their employers who are taking advantage of the fact that the workers are illegals.

Jakarta has engaged a battery of lawyers to represent the workers to claim their salaries from their bosses. However, Jakarta has softened its position somewhat and will only initiate court action as a last resort.

This is of course a noble gesture but Malaysians can only hope that there is no other agenda attached to this latest development. This is certainly a change from its normal behavior where previous administrations had paid scant attention to the fate of their citizens who are working overseas.

The republic's new president Susilo Bambang Yudhoyono is facing many domestic problems -- political, economic and social -- and that the latest Indonesian move to protect the interest of its workers is not meant to be a diversion.

When faced with internal difficulties, many governments have tried to distract their people's attention by focusing on foreign issues. Jakarta is sure that its latest move will grab the attention of its mass media for many days to come.

What is of concern to Kuala Lumpur is that the whole episode might be blown out of proportion, which could sour the close ties between the two countries. This is possible if Indonesian newspapers, television and radio stations should sensationalize the misdeeds of a few Malaysian employers.

It is up to the court to decide on whether illegal immigrants could sue for their unpaid wages. Many people will expect workers to be paid for their work, irrespective of their status.

But this is something the court will have to decide if the Indonesian government should carry out its intention to take this course of action. If the court should decide that illegal immigrants were not entitled to make such claims, it could lead to some adverse consequences.

If the decision should go against the workers, it is quite unlikely that the Indonesian media and other non-governmental organizations would accept such a verdict and they might blame the Malaysian government for it.

These Indonesian groups would expect the Malaysian government to intervene but then the courts here are independent and therefore could make their own decisions on such matters.

As for the use of the whip on employers found guilty of employing illegal immigrants, this is also a court decision and therefore out of the government's control. To ensure this punishment, the government will need to make whipping mandatory for those employers found guilty of this offense.

So long as it is not mandatory, the court will have the discretion of imposing a fine, jail, whipping or mete out all these forms of punishment at one go. Other governments must appreciate that the rule of law and the independence of the judiciary are very much a part of our system.

Though the Barisan Nasional government had the support of 90 percent of the voters in last year's elections, it would never contemplate manipulating the judiciary for any reason whatsoever. Public opinion will surely be against such an inappropriate action.

If Indonesia should expect the Abdullah administration to interfere with the judicial process in Jakarta's favor, then it should perish this thought as it is not going to happen. Period.