Jakarta – Activists warn that Indonesian migrant workers will still be highly susceptible to violent treatment without significant improvement in legal protection provided by the government.
"Adequate legal protection is the only key to protecting our migrant workers seriously affected by difficult situations," Sringatin, a domestic helper in Hong Kong, told a discussion celebrating the 20th International Migrant Day over the weekend.
Unfortunately, it always seemed the Indonesian government was not ready to introduce such legal protection, she said. "Many workers, wherever they go, are still facing cruel treatment from their employers," she said, adding that many migrant workers in Hong Kong were facing tough problems.
Having established legal protection for migrant workers, Hong Kong emerged as the most popular destination country for many job seekers from throughout the Southeast Asian region.
As of July, documented Indonesian migrant workers in Hong Kong reached 134,000, increasing from 129,612 in 2009. According to a recent World Bank survey, in 2010 Indonesian workers in Hong Kong delivered remittances totalling more than US$7 million each month.
This productive remittance needs to be balanced with adequate protection provided by the Indonesian government for its workers, but many workers suffer from cruel treatment due to lack of such protection, activists said.
Poor compensation is one of most common problems affecting Indonesian workers in Hong Kong, especially domestic helpers. Citing a 2010 Indonesian Migrant Workers Union (IMWU) survey, Sringatin said that about 38 percent of Indonesian domestic workers are underpaid, receiving a monthly salary of HK$1,800, or between US$230 and US$256.
"This clearly violates the Hong Kong administration's rules that stipulate a monthly minimum wage of [US$458] for domestic helpers," said Sringatin, who is also an IMWU activist.
Apart from wage problems, many workers had faced heavy financial burdens caused by, among others, excessively expensive placement fees, she said. The Manpower Ministry stipulates that worker placement fees cost Rp 15.6 million (US$1,733) per individual, when in fact, this placement fee costs up to HK$21,000, or about Rp 26 million. Workers must settle this payment within the first seven months after their placement period has commenced.
"This is a modern slavery practice legalized by our own country," Sringatin said, adding that about 73 percent of Indonesian workers had to pay more than Rp 20 million for the placement fee.
The Hong Kong administration has clearly stipulated that, on average, a worker placement should cost no more than 10 percent of a first month salary.
Sringatin was one of the migrant workers who celebrated the 20th anniversary of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families. This convention has great significance for Indonesia as one of countries with the highest number of migrant workers.
"Ratifying this convention is a must. The government should not delay the ratification any longer," said Migrant Care director Anis Hidayah.
In 2010, Migrant Care recorded 89,544 cases of alleged abuse of migrant workers in 42 destination countries, including 1,075 deaths caused by various abuses.
Anis said the Indonesian government should soon ratify the 1990 UN Convention on migrant workers and their families and implement it on the countries' policies and mechanisms on migrant workers, starting from recruitment processes through placement in receiving countries.
Instead of providing cellular phones and micro-credit (KUR) for migrant workers, the government should be able to provide real protection to its people who work abroad, she said. "In the absence of legal protection, micro-credit can be seen as financing for modern slavery."
Indonesian migrant workers need significant capital to obtain required documents, such as passports and visas, but also to cover the daily needs of their families left in their hometowns. Many migrant workers often have to borrow money at unreasonable interest rates from contractors assigned to provide the documents.
As a result, some workers do not receive wages for the first three months while working abroad because their debt obligations are automatically withheld. Some migrant workers reportedly sell their property to cover their financial needs.
Micro-credit plans are part of government efforts to tackle prolonged financial problems confronting migrant workers. (ebf)