The Draft Legalization of Placement and Protection Indonesia Migrant Workers is Form of Economic, Political, Social and Cultural Violation to the Rights of IMWs

Statement of the Association of Indonesian Migrant Workers-Indonesia (ATKI-Indonesia) on the occasion of International Women’s Day

8 March 2013

Jakarta, Indonesia

Today, on March 8, 2013. The Association of Indonesian Migrant Workers (ATKI-Indonesia) joined the People Struggle Front (FPR) with the other women mass organizations to express their aspirations and demands to the Govt Of Indonesia related issues of IMWs that are major of women’s on the theme “Indonesia Women Rise Against All Forms of Violence”.

In commemoration of International Women’s Day, ATKI-Indonesia expresses the demands and  issues of IMWs which is today’s are faced in the process of revision the Law Placement and Protection of Migrant Workers No. 39 year 2004 (UUPPTKILN No.39/2004).The  causes is, this law formed just the basic needs of human trafficking business increase.

Then obviously the basic orientation toward change or revise this law is back to ensure the achievements of human exports increased to sustain and survive from the impact of the global economic crisis.

What is the policy of the Government of Indonesia reference to revising this law?

Indonesia is a member of the World Trade Organization (WTO) in the United Nations under the authority of the U.S. imperialists. Labor migration within the WTO arranged in the categories Trade in Services as listed in the ‘GATS Mode 4’. Basically the WTO was established to be an instrument of the trade liberalization, wherein the arrangment of controling of investment opportunities of developed countries in the developing countries or underdeveloped countries.

The position of the WTO towards migration does not recognize the due to the phenomenon of forced migration. The realization of the GATS Mode 4 is making schemes how to use the opportunities of the labor-supply of cheap labor in developing countries / backward to succeed in planting investments in various countries to help resolve problems of the economic crisis in the developed countries, especially the United States.

Government of Indonesia as a country that ‘obedient’ to the United States, under the leadership of the puppet regime SBY-Boediono seriously implement policies that governed the WTO into national policies. Through Presidential Instruction No.3 year 2006 related to the Improvement of Investment Climate Package Policy, the President instructed all levels of government, including the Ministry of Manpower and Transmigration to perform Reformation Policy System on Placement and Protection of Migrant Workers through Presidential Decree No.6  year 2006 aimed at increasing labor export scheme.

Why IMW’s Decline The Draft Legalisation of Placement and Protection Indonesia Migrant Workers?

The Implementation of Reformation the Placement and Protection of Migrant Workers was staying to smooth  investment climate and facilitate economic growth in Indonesia.

However, obviously if judging the embodiment attachment of the instructions, almost all instruction is not based on concrete needs required by IMW’s. For example involves a bank is to facilitate placement financing  for IMW’s  placement fee is charged to the IMW’s, the formation IMW’s Card, Mandatory Insurance, Roadshow / services promotion Indonesian Workers in Recipient Countries, improved of education for the migrant workers in order to achieve the targeted increase in exports.

Presidential Instruction No.6 year 2006 in detail to  stressed to increase of the cheap labor export , and all instruction is stated clearly contained in The Draft Legalisation of Placement and Protection Indonesia Migrant Workers, to sustain needs for cheap labor required by the U.S. imperialists to accelerate the improvement of the investment climate as it stands that was followed by the  capitalist monopoly.

IMW’s Condition Under  the Pressure from WTO

IMWs is increasingly faced with difficult situations, where IMWs has to deal with the evils of free trade liberalization policy impacts resulting WTO.

On the name of “protection” created by Gov’t of Indonesia IMWs forced to accept a wide range of IMWs  extortion through policies, such as;

-Currently,  Indonesia is begin to involve banks in the financing and payment of the placement fee through the People’s Business Credit Program. This will strengthen the chain of the debt bondage that has been ensnare to IMW’s.

– Business Insurance that managed by the private sector for health and social insurance stresses tie Mandatory Insurance policy which must be borne by the IMWs.

– Non recognition of the sectorals and vulnerability of the IMW’s in the draft of the legalisation, This clearly confirms that the draft of legalisation are refers to WTO policies that do not recognize the phenomenon of forced migration, thus underestimate the needs for a definitive arrangement of Migrant Workers and their rights such as right of  Independent Contract  and Recognition of Undocumented migrants.

– based on Concerns over the obstruction of the implementation of a form of the availability of cheap labor to facilitate investment, the Government of Indonesia through the draft legalization does not recognize the role of IMWs organisation in the drafting  of the policies related to IMW’s and did not draw up a mechanisme of  Industrial Relations Settlement which involve Migrant organisation.

– Expulsion directly against the IMW’s by assigning requirements Moving Overseas Letter to each IMW’s that was launched in the draft of legalisation.

– Ignorant in upholding the rights of migrant workers by the govt of Indonesia is increasingly vulnerable face by the migrant workers  such as the Physical Violence, Sexual Harassment and the Laws was never in favor of the IMW’s.

In the spirit of Rise Against All Forms of Violence ATKI-Indonesia  act and demanding the Indonesian government;

1. Decline The Draft of Legalization Placement and Protection of Indonesia Migrant Workers!

2.  Abolish Overcharging! And Implement 1 Month Salary Placement Fee!

3. Recognize the rights of Undocumented Migrants!

4. Abolish Mandatory Insurance!

5. Enforce Contract Mandiri for IMW’s!

6. Freedom Of Association!

7. Abolish The Discrimination Terminal for The Indonesia Migrant Workers!