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 37

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