[Nasional-e] Malaysia and Indonesia both exploit workers

[Ambon]

The Jakarta Post
Sept. 14, 2002

Malaysia and Indonesia both exploit workers
Faiza Mardzoeki, Women's Solidarity for Human Rights (Solidaritas
Perempuan), Jakarta

Since Malaysia passed Immigration Act No. 1154 2002 in August, there has
been a mass deportation of migrant workers from there. The new law applies
to those workers not possessing legal documents and also to their employers.
The new law imposes penalties of caning, fines as well as prison terms for
both parties. Like an avalanche, the flight of fleeing workers has led to
thousands being left stranded on the island of Nunukan, which lies on the
border between neighboring Tawau and East Kalimantan.
Figures for the period up until August show that 350,000 people have passed
through the island, with 70 deaths occurring among these workers and their
families as a result of a delayed reaction from the Indonesian government.
Criticism and protests against the Malaysian government need to be stronger.
But the Indonesian government is equally guilty of unjust and inhumane
policies. It is false nationalism to oppose the policies of only one
government.
Our government has been extremely slow in responding to the emergency
situation, and even gives the impression of being unconcerned. The President
apparently prefers to travel the world rather than visit her people who are
suffering so much.
Mahathir's government is meanwhile applying a double standard in handling
the issue of Indonesian migrant workers. Most of these workers are in the
construction or plantation industries, while the remainder are in domestic
service. They are paid low wages and interviewed workers say they are
constantly harassed by the police -- but say they prefer to return because
of even lower wages and less certainty in their own country. According to
data from the Indonesian Consortium for the Defense of Migrant Workers
(KOPBUMI), 700 Indonesian workers have been arrested and placed in detention
camps, and 23 have been sentenced to caning.
The Malaysian government has unfairly accused Indonesian workers as being
behind past riots and unrest in that country. This is in fact a form of
discrimination toward Indonesian workers. The Malaysian government should
also be prepared to investigate the repressive practices of its police, who
use threats and violence in raids known as Operasi Pengenyahan (drive-out
operations) and also extort migrants for money.
As it has often been noted, Malaysia's prosperity would not have been
possible without Indonesia's workers. Its plantations, the nation's pride --
the Petronas Towers, its international airport and the Formula I racing
circuit are all the result of the hard work of Indonesian migrant workers,
many of whom suffered during the construction of these buildings.
The Indonesian and Malaysian governments have used, and abused, these
migrant workers. For Indonesia, these workers reduce unemployment at home,
while the government continues to be unable to create adequate employment
for the rest of the country. The workers have become a major source of
foreign exchange and contribute an average of Rp 23 billion per year to the
economy. The Ministry of Manpower revealed there were 387,304 workers sent
overseas last year.
At the same time, Malaysia needs these workers to carry out work in the "3D"
category -- dirty, dangerous and difficult -- the type of work that locals
are reluctant to be engaged in.
The mass deportations have provoked tension between both countries.
Resolving these problems in the future requires an approach that goes beyond
just fixing up documents.
The Indonesian government needs to learn to listen to its people. To date,
the government has only looked upon migrant workers as commodities bringing
in foreign exchange. The only regulations the government has produced are
rules relating to those for labor placement.
The government needs to stop viewing these people as a commodity and see
them as people with human rights that have to be protected. There should
immediately be a new law extending this protection to Indonesian migrant
workers. Indonesia needs to quickly ratify the United Nations Convention on
the protection of Migrant Workers and their Families.
The Malaysian government needs to have their eyes opened to see that their
police are also violating the human rights of these workers. They need to
review their laws on these matters. They should respect the principles laid
down in the international conventions on migrant workers.
Now is the time for these two governments to take these issues seriously.
The two countries need each other. There needs to be a bilateral agreement
that gives protection to the Indonesian migrant workers and it should be
accompanied by a high level of labor diplomacy that is in the principles of
justice.
These are the tasks ahead of Megawati and Mahathir. But perhaps this is all
beyond them and someone else needs to take over?