SEANF Paper on Migrant Workers
IV.
Recommendations to the National Governments of Indonesia,
Malaysia, the Philippines, and Thailand
A.
Indonesia
The SEANF makes the following recommendations to the Government of Indonesia:
70.
The SEANF calls on the Government of Indonesia to formally ratify the ICRMW,
which it signed over five years ago, and bring its laws and regulations into
compliance with this important international human rights instrument.
71.
The SEANF calls on the Government to undertake an immediate review of all its
laws related to migration, and make revisions to bring those laws into compliance
with all the UN and ILO Conventions to which Indonesia is a party.
72.
The SEANF urges the Government to focus special attention on amending the
primary objective of Law 39/2004, Concerning Placement and Protection of
Indonesian Workers, to protect and promote the rights of Indonesian migrant
workers. Based on its examination of Law 39/2004, the SEANF found the law
pays relatively little attention to setting out details for mechanisms to protect
migrant workers. The SEANF notes that the Government is required by article
7(e) of Law 39/2004, Concerning Placement and Protection of Indonesian
Workers in Foreign Countries, to “provide protection to Indonesian workers
during the period of time prior to departure, during the period of employment,
and during the post-placement period.” The SEANF therefore urges the
Government to immediately prioritize the establishment of systems at each step
of the migration process that can effectively guarantee protection of Indonesian
migrant workers and ensure all stakeholders respect, at a minimum, the rights
extended in article 8 of Law 39/2004 to all Indonesian workers.
73.
Recognizing that the preponderance of Indonesian migrant workers going
overseas are women, and reflecting on Indonesia’s obligations as a state that
has ratified CEDAW, the SEANF urges the Government to adopt effective policies
that recognize and address the gender dimensions of outward migrant from
Indonesia.
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