The Ministry of Foreign Affairs believed in effectiveness of TKI
moratorium to 3 countries, i.e. Jordan, Syria, and Kuwait considering the high
degree of difficulty in solving TKI problems. Problem s of Indonesia Migrant
workers [TKI] to the three countries were mounting up as long as there was no
law to accommodate protection efforts of migrant including TKI. “ As there is
no law, we think the situation is not simple” Director of Protection of
Indonesian Citizens, Ministry of Foreign Affairs, Tatang Budie Utama Razak
disclosed to Business News [5/3]
The legal system in those three countries defined that the occupation of
house servants [housemaids], gardener etc was regarded as private matter. So in
case of any complaint of harassment or torture the Police was not permitted to
enter to enter the employers house. This was clearly contradictory with the
Law, especially Law no 34/2004 on PPTKILN. “ Our Law defines that protection of
Indonesia citizens including migrant workers [TKI] is Government’s responsibility”
Tatang Razak was quoted as saying.
The Government of RI once proposed a Memorandum of Understanding to
overcome protection problems, but they were all in vain as it was obstacle by
higher Law, the local Law. on the other hand Law no. 39/2004, especially
Article 27 stated that Moratorium was very possible. The Government also
underscored that Indonesian citizens, TKI or non TKI, documented or
undocumented had the right to protection. But the problem was that institutions
threw responsibility to one another. The point was that all institutions
including legal aid facilitators were involved in the effort of TKI placement.
The Ministry of Foreign Affairs saw that representatives of various
institutions were competent in managing employment and TKI protection problems
abroad. “All we have to do now is to foster coordination and cooperation,
because the trend of law breaking, especially Law no 39/2004 may lead to human
trafficking while on the other hand some countries in the Middle East had now
Law of Protection” Tatang remarked.
Meanwhile the Director of Information and Media of the Ministry of
Foreign Affairs, PLE Priatna constantly reported the condition of Indonesian
workers in the regional conflict of Lahad Datu Sabah. Indonesian citizens who
were palm field workers in Sabah Aman had been evacuated. The Ministry of
Foreign Affairs noted there were around 162 palm field workers of Indonesian
citizens working in Lahad Datui-Sabah, the number was recorded among the
refugees in the area around 6 km of conflict centers. “They will stay in
refugees accommodation centers until the situation is really safe” Priatna
disclosed to Business News [5/3].
Clash between Malaysia Security Forces and armed Separatist Rebels of
the Sulu Sultanate in Lahad Datu-Sabah had forced Indonesian citizen workers to
be evacuated to other places. “As recorded there are 162 Indonesian workers of
Sahabat 17 Palm Field workers around 6 km from trouble spot”. Meanwhile from
Sabah, today the Indonesian Consulate General in Kota Kinabalu, Soepeno Sahid
confirmed that Indonesian workers were in a safe condition.
Soepeno confirmed that the Indonesian Consulate was constantly
monitoring the situation while communicating whit the Malaysian authorities.
The Minister of External Affairs of RI also advised Indonesian citizens to stay
away from danger. Now Indonesian ships and boats were not allowed to sail close
to troubled zones. “The Indonesian crew are set free for vacation.”
In a different location, the Indonesian Migrant Workers Association [ABMI]
saw there were eight key principles in protection of migrant workers, i.e.
non-discrimination, recognition of human rights and dignity, equal gender
rights, democracy, representation, empowerment, promotion of welfare, and
justice. ABMI also formulated TKI rights to be guaranteed, including that of
his/her family. The rights included among others the right to choose the right
occupation that suits one’s interest and skill. The right to obtain true
information of the labor market abroad was the one point not to be
under-estimated. The right over information included also the working
conditions, social culture and law in the destination country, “The procedure
of placement of migrant workers is supposed to be part of TKI’s rights, but so
far there was never any procedure which is on our side “ Retno disclosed to
Business News {5/3/13}. (SS)
Business News - March 08,2013
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