Malaysia-Indonesia Migrant Workers Policies
By Alex (Migrant Care) - Laman M@RHAEN

 
 
 
 

Malaysia mainstream media has been very instrumental in provoking the negative images of the migrant workers communities. They are often branded as criminals and the communities that impart social problems into our society.

The mixed and match articles without in depth research efforts has caused many unnecessary tension and hatred among the peaceful community. Many articles written had failed to recognize the criminals and economic migrant workers.

Criminal come to Malaysia to commit crimes, they less predictable and highly mobile in their domiciles. While Economic migrant workers are here to earn a better living to support their family at home, they are  normally seek to find stable jobs for stable income.

In Malaysia less than 5% of the 230,000 crimes are caused by migrant community, majority of these cases are done by the highly mobile migrant criminals and not undocumented workers who seek greener pasture by running away from their exploitative employers who hire them through the licensed human  trading institutions such as outsourcing agents and employment agencies.

Malaysian community need a paradigm shift and pro-active action to deny the current migrant workers recruitment and placement system lead by the employment agencies and outsourcing companies..

The scare tactic lobby in the name of internal security reasons is merely the cover up lobby to protect the interests of their human trading activities.

The influence of such human trading cartel is so significant that it place the profitability goals above the teaching of Islam and other related International Human Rights Principles.

The Islamic Perspective on Migrant Workers’ rights

Islam forbid Muslim to unjustly take the property of another or harm and oppress them with violence, insult, other forms of aggression and taking advantage of another's weakness.  Most oppression falls on the weak and defenseless such as orphans, children or citizens who do not possess the horrible weapons and invasive intelligence apparatus of their oppressors.

Allah makes clear in the Qur'an that all wrongdoing even in Allah's direct commandments on falls back on the doer, not Allah.  Allah said about the many transgressions of the Jews in spite of His many favors upon them.

If corrupt people are in power, the obligation of every Muslim is to warn them of their transgressions, command them to come back to the orders of Allah and advise them to change their ways.

The scholars and those most knowledgeable of Islam have a higher obligation in this regard.  If his corruption reaches the level at which he must be removed, it is the scholars who are responsible for his removal.

The same principle applies to democracy process -  it is with ballots.

International Instrument

On January 13, 2007, All ASEAN member nations signed the political statement of Cebu Declaration on the Protection and Promotion of the Rights of Migrant Workers.

However, on November 20, 2007 ASEAN CHARTER summit in Singapore attended by 10 ASEAN Paramount leaders had ignored the spirit of Cebu Declaration on the Protection and Promotion of the Rights of Migrant Workers.

ASEAN CHARTER has hypocritically and purposely ignored the important of the protection and promotion of the human rights of the migrant workers. The actions by the ASEAN leaders had openly denied and refused to recognize the significant contribution of the migrant workers in the regional economic development.

We question the sincerity of The ASEAN Leader’s from the sending nation for declaring its citizen as the foreign exchange patriots yet failed to deliver the most basic human rights protections in the receiving nations.

We condemn the ASEAN Migrant Workers receiving nations for their ill fated perceptions as the indirect donor through the exploitative jobs opportunities via the human trading agencies cartels that exorbitantly exploit the migrant workers and the local employers.

Human Trading Cartel

We protest against the President of PAPA ( Persatuan Agensi Pekerja  Asing ), Dato’ Zulkifli Dhalan for his humiliating statement that Indonesian Maids as Class “E”  are  Stupid, Dirty, unable to work and can not communicate. It is an open humiliation towards the Indonesia. Thus, we demand Dato’ Zulkifli Dahlan to openly apologize to the people of the Republic of Indonesia.

Since August 1, 1998, the members of PAPA and Malaysia Maid agency fees has increased from RM 1,000 to RM 6,000 (500% increment) by merely selling the bio-data of the maids while the maid salary has only increased from RM 350/month to RM 450 per month. (28.57% increment) over a period of 10 years.

As many as 30,000 maids recruited through the Malaysian Agent run away in 2006 because they seek to escape the licensed extortion from the maid agencies and unfair salary deduction, un-conducive working environment and avoiding physical and sexual harassment.

Malaysia employers deserve to receive better trained maids, while Maids also deserve to receive a more compatible salary. Maid agencies are a counter productive intermediary that helps to promote corruptions and human trading and trafficking activities.

We urge Malaysia and Indonesia government immediately abolish the Private employment agencies system that promote human trading activities. PAPA should be totally disbanded while PJTKI in Indonesia should be converted into certified Training center. Employers and maids should deserve a better deal without the human traders.

The recruitment and placement of maids should be done through the Government to government arrangement.

Maid Agencies

Among the Indonesian Migrant workers receiving nations, there were 206 death cases; Malaysia had registered the highest death record of 71 persons (35%) Taiwan 36 persons (19%) Saudi Arabia 31 person (15%) while South Korea, Singapore and Jordan registered 9%, 7% and 6% respectively.

In term of death penalty figures, there are 303 Indonesian migrant workers faced the death penalty; Malaysia recorded 297 people (98%), 4 people in Saudi Arabia and 1 in Singapore.

In 2007, there are 144 physical abuse cases and 129 (89.6%) cases involved the female workers while there are 15 male workers also became victims.
 
Ceryiati and Parsiti attempted to escape from the inhumane employers from the high rise apartment in Sentul and Old Klang road while another maid Sukasih, 31, tried to escape by climbing over the railing of the balcony of a fourth-floor unit to get to a lower unit when she slipped and fell to her death in Malacca on September 23, 2007.

In Puchong, Kurnasih was beaten to death by her employers in Puchong,
 
While , Khusnu Khotimah, 23, recruited by AP HAZ, owned by PAPA president was forced to eat the “shit” and beaten up badly by employers in Puncak Kinrara, Puchong  before she was sent back secretly with swollen face and bruises. She was forced to sign the voluntary statement to cancel the police report lodged (S_Kembangan/005172/07) at Subang Jaya on 27th June 2007.

It is also very rampant abuses on the maids who seek counseling at the agency shelters. Many of them were locked up and given bread (instead of rice) as their only food as a mean of punishment for their disobedience.

Human Trading by Maid Agencies

Majority of the Maid Agencies make big fortune in trading the rejected maids. For every new placement, Malaysia employers have to RM 5,000 -RM 6,000 to the licensed maid agencies.

Antoneeta Nubatonis (Passport No. AG827100) entered Malaysia via Batam on 6th February, 2004 to be sent her first employers, Lai Chee Seng where she worked for only 4 months.  She was recycled six times to various new employers until November 25, 2005.

After the Agent made money enough from antoneeta, she was sent home via Batam with a different passport (AC 557209) name Hamidah; of course in Malaysian Immigration record she was registered as run away Indonesian maid in the Police report.

There are more than 60% of such cases happened among the newly recruit maids from Indonesia via the licensed maid agencies that trade human being within the legally allowed frame works because the maids are legally allowed to be transferred to other employers.

Everyday there are more than 250 Indonesian maids enter Malaysia without sufficient skilled training and open to agency financial exploitation and physical abuses.

RELA Abuses

Since February 1, 2005 RELA was given the power to conduct raids, arrest and handcuff undocumented migrant workers without the supervision of the Police and immigration officers has drawn significant protest from the civil society.

Malaysia government then set up the immigration court at the detention centers and then allow the in-experience RELA to take over the immigration centers from the prison department has attract even more drastic protest from the civil society worldwide.

Suryani, 23, was kidnapped by a Kajang Rela member, raped and hand-cuffed for a month before she escaped, reported to police station and then was arrested in detention center instead of sheltered in Indonesian Embassy. She delivered a baby girl, Putri Mangsa Rela. Now waiting for legal process.

ES was 2 ½ month pregnant, dragged from her home in Petaling Jaya and gang raped by 12 self proclaimed RELA members. She was then taken to Muar Johor and to be raped by another Police Officer. Currently ES is under the custody of Indonesian Consular Office in Johor Baru.

Migrant Workers and Diplomatic Tension

International relation analysts had alerted the current all time low diplomatic relationship between the nations. Republic of Indonesia had retained its diplomatic cold wars against Malaysia by not replacing its ambassador since HE Prince Rusdihardjo ended his term as Indonesian Ambassador to Malaysia.

The most significant protest came from the absent of President Susilo Bambang Yudhyono at the Malaysia 50th Independent Day Celebration. Only Vice President was represented in this ceremony.

Malaysia Foreign minister had failed its mission in cooling off the Indonesian domestic protest against Malaysia migrant workers policies which attempt to protect the interest of the handful of human traders’ lobbyist groups in the name of internal security matter.

390,000 Bangladeshi migrant workers ordeals that involved about RM 1.9 billion corruption scandals has sent a very senior Malaysian civil servant to his early retirement despite of extension contract offered by the prime minister.

Indonesia is yet to calculate on their lost on the 1.35 million workers whom has been financially exploited, of which 320,000 maids whom has been traded as human commodity under the licensed maid agencies.

Conclusion

Malaysia and Indonesia has to be sincere and honest in dealing with human exploitation matter seriously.

The in going recruitment agency system is a severe time bomb that will threaten the regional stability.

Malaysia has to recognize the facts that Migrant workers are contributing to its economic development, they should not be viewed as the cheap labor that would take up the Dirty, dangerous and demeaning job.

Indonesia as a sending nation should also take the initiative to discipline its corrupted manpower department (DEPNAKER) and the national foreign workers protection and monitoring agent (BNP2TKI) which has been instrumental to the Human commodity trading via Perushaan Jasa Tenaga Kerja Indonesia.

Rampant abuses by the BNP2TKI head for his personal political and financial gains have been lime lighted by major Indonesian Media.

Excessive abuses by RELA members who abuses their uniform unit is the results of the recruitment process for the political contract. It’s important to re-engineer the 500,000 members Home securities NGO whom has been granted too much power in its political contract.

Commenting on RELA‘s Human Rights Violations had been correlated to disloyalty to the nation has raised many questionable patriotism of the Senior expired MP who profess Islam faith and yet blinded himself with the profitability of the human trading which need RELA enforcement power to protect the nested interests of the political animals.

Recommendation:

  • 1. Malaysia and Indonesia should revise the Migrant Policies by abolishing the current recruitment system through the private company. It should be replaced by the Government to Government arrangement for both formal and informal workers. This is aim to eliminate the rampant licensed human trading and trafficking activities
  • 2. Indonesia has to ensure the more skillful workers for the specific human talent target market.
  • 3. Both countries must act in utmost good faith in revising the Malaysia-Indonesia Migrant workers MOU. The clauses that required employees to surrender their passport to the employers are outright insults to the Indonesian government’s sovereignty and its dignity to protect its own citizen. This passport withholding clause has to be abolished because its main purpose is to protect the interest of the agencies and human traders.
  • 4. Malaysia must introduce a more efficient demographic control system to overcome the migrant scarce tactic imposed by former top negotiating officers whom has nested interests in migrant workers business.
  • 5. In order to reduce the excessive reliance on migrant workers, Human Resources Ministry need to bring to book the 240,000 SPM, STPM and PMA drop out to fill up the meaning position created by Malaysia economy.
  • 6. RELA should be refrained from taking over the immigration enforcement function and prison department jobs because absolute power given will lead to absolute corruption among the Street Mobs. RELA should remain as the NGO with supporting role in ensuring social and security stability. RELA should not confer any honorary military rank to the politician in the favor of its political supports.
  • 7. Political parties’ efforts by Golkar and UMNO is an encouraging progress, however, if outcome ignore the Human Rights and national sovereignty agenda, such an effort is would lead into another regional stability disaster.


    • By:
    Alex Ong
    Migrant CARE
    Perhimpunan Indonesia untuk Buruh Migran Berdaulat
    (Member of Migrant Forum in Asia and International NGO
    Platform on Migrant Workers' Convention)

    Jl. Pulo Asem I C No 15 RT 015 RW 001 Jati,
    Jakarta Timur 13220 Indonesia
    Telp/Fax: +62 21 4752803
    E-mail: alexmigrantcare@gmail.com
    migrantcare@nusa.or.id
    Website: www.buruhmigranberdaulat.blogspot.com !

    29.12.2007 (M@RHAEN - Emel: marhaen@gmail.com / reformasi@gmail.com)
    Laman M@RHAEN dihoskan di: http://marhaen.ngepeng.com / Kelatedaily.net.

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