Doubts remain in place despite migrant protection deal

Labor activists hailed progress in worker protection talks between Indonesia and Malaysia, but doubts remain high on whether the deal could be implemented to protect migrant workers.

They also cast doubts on law enforcement and legal advice being provided to migrant workers.
Activists added the failure to reach an agreement on the minimum salary could become a serious threat to avert conflicts between workers and employees.

“The absence of agreement means negotiation on salary will be handed over to workers,” Sri Palupi from the Institute of Ecosoc Rights told The Jakarta Post.

The study by the Ecosoc Rights shows that a string of abuses cases against Indonesian migrant workers in Malaysia was due to salary snags with many not receiving their wages on time.

“Many of our workers have gone without pay for a year. The abuse and conflict then appear if our workers try to discuss the matter with their employees,” Palupi said.

“Even in Hong Kong where a minimum salary has been set, many of Indonesian migrant workers still get lower than the standard.”

Manpower and Transmigration Minister Muhaimin Iskandar said Jakarta and Kuala Lumpur had resolved four issues on labor protection, which had been delayed for months.

Under the new deals, the workers will be given one day off a week, will be permitted to retain passports and a joint taskforces and placement fee will be established.

Officials of the two countries would gather again in Jakarta from March 25 to March 26 for final talks before the signing ceremony in April.

Officials said talks on minimum salary was dropped on fears the negotiation would take a long time as Malaysia had to amend its law.

Sri said such reasons were weak as the Philippine government could push Malaysia to set the minimum salary for their migrant workers.

Director of Migrant Care Anis Hidayah agreed the failure to set a minimum salary was due to the Indonesia’s poor negotiation skills.

“Malaysia is still the decision maker in labor protection talks.”

Anis expressed doubt on the implementation of the deal to protect the migrant workers unless the Malaysian government issued a mechanism to enforce the law.

“The MoU is not enough. There must be a binding mechanism to enforce the law on violaters, including against employees in Malaysia.”

She said the Malaysian government should also open wide access to the Indonesian migrant workers for seeking justice.

Indonesia imposed a ban on sending migrant workers to Malaysia last June after a string of abuse cases sparked public protest.

Most of Indonesian workers in Malaysia are domestic helpers and plantation laborers.