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NGOs fault MoU on migrant workers

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Jakarta Post - April 17, 2006

Abdul Khalik, Jakarta – Hundreds of non-governmental organizations and labor advocacy groups accuse Indonesia and Malaysia of ignoring fundamental rights in a draft of a memorandum of understanding on workers due to be signed in May.

The consortium of 260 institutions has sent an open letter to Indonesian President Susilo Bambang Yudhoyono and Prime Minister Abdullah Ahmad Badawi of Malaysia expressing its concerns about the drafts of the MOU by the respective governments.

The groups' policy analyst, Wahyu Susilo, said Sunday they believed many basic rights – including for workers to keep their passports and set up labor organizations – were missing from the drafts, which are scheduled to be discussed Monday.

"For instance, the drafts explicitly give authority to Malaysian employers to hold the passports of Indonesian workers, while they also clearly prohibit workers from forming an association or union. We demand that workers can hold their own passports and form organizations," he told The Jakarta Post.

Wahyu said that points included in the current drafts were merely an "operational mechanism" which regulates the recruitment process and benefit recruitment companies, without mentioning essential rights of workers.

The consortium demands equal protection for Indonesian workers under Malaysia labor laws, minimum labor protection rights, including a 24-hour rest period per week and a fair minimum wage, as well as stronger regulations governing recruitment and employment agencies that would prohibit direct recruitment.

"We still have time to make the MOU better. And both governments should allow representatives of workers to attend the draft discussion because it is about their fate," Wahyu said.

Indonesia and Malaysia reached an agreement to sign the MOU on protection of Indonesian workers during Vice President Jusuf Kalla's visit to the neighboring country in late March. The MOU is considered an important step to dealing with recurring reports of physical abuse and unfair treatment of Indonesians by Malaysian employers. There are approximately 300,000 legal Indonesian workers, mostly domestic helpers, in Malaysia, a number which fluctuates marginally over time.

Many Malaysians choose to employ Indonesians because they are cheaper and considered more compliant than those from other Asian countries, such as the Philippines.

Separately, Foreign Affairs Ministry spokesman Desra Percaya confirmed the Indonesian delegation was now in Kuala Lumpur to discuss the details of the MOU.

"Officials from Indonesia have left for Malaysia to discuss the content of the MOU. We welcome any input from the public," he told the Post.

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