Abdul Khalik, Nusa Dua – Indonesia and Malaysia on Saturday signed a long-discussed memorandum of understanding (MOU) on the protection of Indonesian migrant workers, especially domestic workers, in Malaysia. The agreement was signed on the sidelines of the Developing Eight (D-8) Summit in Nusa Dua, Bali.

The agreement was signed by Malaysian Internal Affairs Minister Ahmad Mohd. Radzi and Indonesian Manpower and Transmigration Minister Erman Suparno. The signing was witnessed by President Susilo Bambang Yudhoyono and Malaysian Prime Minister Abdullah Ahmad Badawi.

A series of discussions and meetings led up to Saturday's signing, including a meeting between Yudhoyono and Abdullah in Bukittinggi, West Sumatra.

Erman said the MOU would provide a legal basis for the protection of Indonesian workers in the neighboring country, helping to prevent abuses of the workers and guaranteeing their rights.

"The agreement shows both governments have the intention to protect the rights of domestic workers. The MOU stipulates the rights and duties not only of the workers, but also of the recruitment companies both in Malaysia and Indonesia," he said.

Radzi said he was pleased the countries had been able to reach an agreement on protecting domestic workers, adding that he and his family employed maids from Indonesia.

"This MOU will provide standard protection for Indonesian domestic workers in Malaysia," he said.

The countries reached this agreement during Vice President Jusuf Kalla's visit to Malaysia in late March. The MOU is considered an important step toward dealing with the physical abuse and unfair treatment of Indonesians employed in the neighboring country.

Approximately 300,000 Indonesians are working legally in Malaysia, most as domestic helpers.

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

The MOU requires Malaysian employers to sign contracts with Indonesian workers before they begin work. The contract should specify the salary, rights and duties of the workers.

Employers are then required to submit a copy of the contract and their contact details to the Indonesian Embassy in Malaysia. Employers must also obtain permission from Indonesian representatives in Malaysia if they want to take their domestic workers out of Malaysia.

All of the costs relating to the recruitment process are to be borne by employers, including registering the workers in Malaysia's foreign workers compensation program.

In the event of a dispute, Malaysian authorities will intervene in the case.

Although the MOU is comprehensive enough to protect most of the workers' rights, the mechanisms for punishing employers who fail to adhere to the articles in the agreement are unclear. The MOU also fails to touch on the issue of the civil rights of workers, including the right to form or join unions.

With the signing of the agreement, Indonesia and Malaysia have two legal instruments that protect the rights of Indonesian migrant workers. The countries signed a formal agreement on workers in May 2004.

Indonesia has signed similar agreements with Kuwait, Jordan, South Korea and Taiwan.

Erman said with the signing of the MOU, the government could be more active in assisting Indonesian workers facing legal problems in Malaysia. Meanwhile, Radzi promised Malaysia would build schools and provide teachers for thousands of children of Indonesian workers who are currently unable to attend school in Sabah, East Malaysia.