Promoting Decent Work for All Jakarta 24-25 February 2015 ECONOMIC AND SOCIAL COUNCIL 2015 INTEGRATION SEGMENT “Achieving sustainable development through employment creation and decent work for all” Indonesia country level consultation International Labour Organization Albert Bonasahat, S.H., LL.M. National Project Coordinator ILO Labour Migration ASEAN TRIANGLE Project ILO Jakarta Office 1
Promoting Decent Work for All What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2003, published in 2004 (92 nd ILC) “[…] The Committee notes that, in its comments received in August 2003 and forwarded to the Government on 26 September 2003, the ICFTU indicates that the requirement for migrants to go through recruitment agencies […] Indonesians wishing to work abroad have to go through recruitment agencies, which charge them extortionate processing and training fees […] They are required to sign contracts with the recruitment agency even drafted in a foreign languages and have little or no power to negotiate their terms […] . Agencies require prospective migrant workers to live in training camps for up to 14 months where they may be forced to work for the agency staff. Furthermore, conditions in these centres are poor […] Agencies charge fees equivalent to a number of months ’ salary, which varies according to the country of destination […]” 2
Promoting Decent Work for All What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2007, published in 2008 (97 th ILC) “[…] The Committee notes the adoption of Law No. 39/2004 on the Placement and Protection of Indonesian workers abroad […] although Law 39/2004 contains some provisions that are favorable to migrant workers, it nevertheless has serious shortcomings, such as the focus on placement of migrant workers rather than on protection […] enforcement (of the Law) has been minimal if not non-existence […] The authorization for employers to hold workers ’ passports makes it difficult for workers to leave abusive conditions or to negotiate better working conditions and full payment of their wages, and also contributes to the creation of networks of traffickers in persons, forced labour and undocumented migration (quoted from the report of the UN special Rapporteur on human rights of migrant workers, 2 March 2007) […] The Committee is all the more concerned at the situation as the Ministry of Manpower and Transmigration has announced the objective of sending 1 million Indonesian workers abroad per year until 2009 […]” 3
Promoting Decent Work for All What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2008, published in 2009 (98 th ILC) “[…] Please also provide more detailed information about measures being taken or contemplated to protect Indonesian migrant workers by way of controlling the exploitative aspects of activities of private recruitment agencies including their fee-charging practices. The Committee hopes that the Government will take steps without delay to amend its MoU with the Government of Malaysia to prohibit employer withholding of worker passports, to eliminate all other restrictions on the fundamental rights of domestic and other migrant workers, to guarantee standard labour protections, and to provide for measures to prevent and respond to cases of worker abuse […] 4
Promoting Decent Work for All What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2012, published in 2013 (102 nd ILC) “[…] The Government further indicates that task forces for the prevention of non-procedural departures of migrant workers have been established in 14 border areas and that the registration of prospective workers is done both online and at the district offices of the Department of Manpower. Concerning the application of Law No. 39 of 2004, the Government indicates that both the BNP2TKI and the Ministry of Manpower and Transmigration (MoMT) conduct direct monitoring of private recruitment agencies with a view to preventing exploitation. The Government also indicates that the BNP2TKI takes measures to contact the relevant private recruitment agencies concerning violations, and if the problem is not resolved, the BNP2TKI recommends to the MoMT that sanctions should be imposed on the company. Moreover, the Government indicates that it has issued a Ministerial Decree on placement fees payable by migrant workers, to protect migrant workers from illegal financing practices […]” 5
Promoting Decent Work for All What the CEACR said about Indonesian Labour Migration? Continue - Observation of CEACR on ILO C 29, adopted in 2012, published in 2013 (102 nd ILC) “[…] The Committee also notes that the CEDAW, in its concluding observations of 27 July 2012, welcomed the monitoring of recruitment agencies, but also reiterated its deep concern about the persistence of violence, abuse and exploitation experienced by female migrant workers in the host countries and at the hands of the recruitment agencies that facilitate their placement (CEDAW/C/IDN/CO/6- 7/R.1, paragraph 43) […] The Committee also requests the Government to pursue its efforts to monitor recruitment agencies […] The Committee requests the Government to continue to provide information on international cooperation efforts undertaken to support migrant workers in destination countries, including measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse […]” 6
Promoting Decent Work for All Main Problems and Impact of Migrant Workers Placement System (PRE-DEPARTURE) Main Problem Impact Lack of reliable and objective information from proper Prospective migrant workers may be misled by any and authorized source about safe migration system, recruiter (calo) in their villages, put them into equirements, risk of working abroad, government vulnerability since the very first step of recruitment protection services, etc to prospective migrant workers steps in villages Migrant workers pay for, but do generally not receive Migrant workers are unprepared for the work tasks technically adequate training by PPTKIS. they are required to carry out, and cannot communicate effectively with the employer. Migrant workers are unaware of their rights, and Migrant workers do not receive information about the vulnerable to exploitation work and contract conditions, and of the laws and requirements of the destination country Lack of government monitoring of PPTKIS and their Many prospective migrant workers, who are taking a operation, including its training to prospective migrant training program conducted by PJTKI, are locked up in workers (regular inspections, spot inspections, regional the premises with no communication allowed to inspections) families/friends, exposed to occupational and safety and health hazards, and are charged fees disproportionate to the training they receive Excessive cost and fees paid by prospective migrant Prospective migrant workers trapped into debt workers (mandated & non-mandated costs) bondage situation 7
Promoting Decent Work for All Main Problems and Impact of Indonesian Migrant Workers Placement System (DURING OVERSEAS EMPLOYMENT) Main Problem Impact Embassies and consulates needs more resources to Embassies are still facing challenges to provide provide the services needed by Indonesian migrant support to migrant workers and the lack of protection workers abroad (legal advice, assistance, shelter, encourages further exploitation by employers & agents vocational training, etc.) 8
Promoting Decent Work for All Main Problems and Impact of Indonesian Migrant Workers Placement System (RETURNING TO COUNTRY OF ORIGIN) Main Problem Impact Proper protection system for returned migrant workers Though relatively reduced in number, many Indonesian in the arrival airport or harbor migrant workers are still facing security problems and exploitation, when they are returning to Indonesia Lack of Government support to returnees and their After short-lived elevated consumption levels, migrant families (counseling, assistance services, facilitating workers are forced to go abroad again in a continuing access to banking & remittances transfer services, cycle of hazardous migration with social isolation and micro-credit, savings and micro business training etc.) economic and physical risks. Indonesia and sending areas are not reaping the development benefits of migration 9
Promoting Decent Work for All Government Plan according to RPJMN 2015-2019 • Realization of recruitment and placement mechanism that protects migrant workers • The increase of the number of migrant workers who have the skills and expertise that are in-line with market needs • Bigger regional’s roles for providing market information and recruitment services for prospective migrant workers • Availability of regulations that protects migrant workers 10
Promoting Decent Work for All Government’s Policy Direction and Strategies according to RPJMN 2015-2019 • Improving the management of placement of workers • Expansion of cooperation in order to increase the protection of workers • Providing migrant workers with knowledge, education and skills • Bigger use of financial services for migrant workers 11
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