SEANF Paper on Migrant Workers
74.
The SEANF urges the Government to revise the bilateral MOU on sending of
migrants to Malaysia, and ensure that all the revised provisions of the MOU are
in line with international human rights standards and protections for migrant
workers. The SEANF urges the Government of Indonesia to pay special attention
to striking out the provision of the MOU which allows for Malaysian employers
to hold Indonesian workers’ travel documents. SEANF urges the drafters of the
ASEAN Instrument to provide for restraint and redress among ASEAN
Governments regarding physical abuses and ethnic discrimination against
migrant workers in receiving states.
75.
The SEANF recommends that the Government undertake all necessary policy
reforms to compel recruitment of migrant workers in a professional, transparent,
and accountable manner, and take strict action against firms that violate workers
rights by seizing worker passports and documents, restricting movement,
requiring unpaid “training periods”, engaging in physical and sexual
harassment, and collecting expensive recruitment fees. The Ministry of
Manpower and Transmigration should significantly upgrade its monitoring of
recruiting firms and revoke the licenses of those systematically violating the
rights of intending migrants.
76.
The SEANF urges the Government to severely crack down on un-registered and
illegal labour recruiters who are exacting exorbitant fees that force migrant
workers to take on significant debt burdens, falsifying documents, and confining
and abusing intending migrants. The SEANF notes that the Government is
required to take such actions by Law 39/2004, Concerning Placement and
Protection of Indonesian Workers in Foreign Countries, yet enforcement actions
need to be significantly stepped-up.
77.
The SEANF urges the Government of Indonesia to merge all related institutions
that handle migrant workers issue in Indonesia and encourages that new body
to coordinate with National Human Rights Institution (Komnas HAM). Prior
to the formation of the coordination body, the state institutions related to
migrant workers must involve NHRI to conduct monitoring and law enforcement
related to migrant worker issues. The SEANF urges the National Coordinating
Body on migrant workers to meet more regularly in order to effectively exercise
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