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Solidaritas Perempuan’s Statement
MOU BETWEEN REPUBLIC OF INDONESIA AND MALAYSIA LEGALIZES COMMODITIZATION PRACTICES AND MAKES INDONESIAN FEMALE MIGRANT WORKERS -DOMESTIC WORKERS IN MALAYSIA MORE VULNERABLE
The destiny of Indonesian Women Migrant’s-Domestic Workers (Women MDW’s) in Malaysia is certainly not improving even though the Memorandum of Understanding (MoU) between Governments of Republic of Indonesia and Malaysia has been signed. The MoU signed in Bali on May 13, 2006 does not involve many parties, such as representatives of Women MDW’s and NGOs, which fight for the rights of Women MDW’s both in Indonesia and Malaysia. As the consequences, the articles and appendices in the MoU are not oriented on the interests of Women MDW’s, but more reflect on the interests of employers and recruitment agencies.
Not involving Women MDW’s and NGOs causes the contents of the MoU not adequately protect the rights of Women MDW’s, and even explicitly, there are rules violating the rights of Women MDW’s. As the response to the MOU between Republic of Indonesia-Malaysia, SP discovers that there are many articles and appendices which do not guarantee the rights of Women MDW’s, such as no guarantee on adequate rests, prohibitions on getting married, bringing spouses and prohibitions on those who are identified of having certain diseases, prohibitions on gathering with their families and keeping their own passports.
SP also find several facts that the MoU contains “spirits of slavery” regarding the terms used to place the position of Indonesian Women MDW’s as goods or commodities, such as the words conveyance, servant,and offered. This means that the MoU does not consider Women MDW’s as human beings who have rights, dignity and intelligence, but as goods for trade only.
MoU between Republic of Indonesia-Malaysia limits the ages of Women MDW’s between 21 - 45 years old. These are sexually active ages. Meanwhile, they are prohibited to get married and bring their spouses for 2 years. This can make MDW’s and their spouses are vulnerable to risky sexual behaviors, as one of the causes of HIV/AIDS transmitted among them. Data from Association of Worker’s Health Examiners (HIPKTEK) stated that 131 potential migrant workers to Middle East were identified HIV positive from out of 145,298 potential migrant workers (0.090 %) who run medical examination test during January – October 2005. This number increased from 2004 (January - December), which was 240 HIV positives from out of 233,626 migrant worker candidates (0.087 %) who run medical examination test. The MoU places Indonesian Women MDW’s and their spouses more vulnerable to HIV/AIDS.
Besides, SP also considers that there are ambivalences in the MoU. Women MDW’s are burdened with obligations or requirements which are not also burdened to employers, for example: Women MDW’s are obliged to dress properly, politely and well behave, respect the employers, but the MoU does not state that employers must be well behaved also to them; Women MDW’s must pay repatriation cost if they abuse the children or persons under their care, the MOU does not state who shall be responsible for repatriation of Female Migrant Workers if their employers abuse them; Female Migrant Workers are also obliged to obey the rules and laws, meanwhile, the MoU does not stated that employers are also obliged to do the same.
Based on its critical analysis, SP concludes the following:
- MoU between Republic of Indonesia-Malaysia legalizes commoditization of Women MDW’s because it emphasizes more on the provisions on placement and pays less attention to the provisions on protection for Women MDW’s.
- MOU does not refer to UN Convention in 1990 on Migrant Labor’s Rights or Women’s Rights, as written in the UN Convention of the Protection of the Rights of all Migrant Workers and Member of Their Families. Besides, this MOU also violates CEDAW and ECOSOC rights, which is prohibition on getting married.
- This MoU also widely opens illegal migrant labors because of the long, complicated and expensive document processing.
- This MoU is clearly not based on the experiences of Women MDW’s whose rights are violated by their employers, but on the experiences and interests of employers and recruitment agencies which violate the rights of Female Migrant Workers.
Based on the facts, SP state:
- Strictly rejects the articles and appendices in the MoU between Republic of Indonesia-Malaysia which do not protect the rights of Women MDW’s.
- Urges Governments of Indonesia and Malaysia to review the contents of the MoU and revise the MoU in order to protect the rights of Women MDW’s.
- Ask Governments of Indonesia and Malaysia to give spaces to civil community, especially Women MDW’s or Migrant Labor Organizations to be involved and giving inputs in the revision process to produce MoU, which is really oriented on Women MDW’s.
- Call for Non-government Organizations (NGOs), both in Indonesia and Malaysia to continuously attempt advocacy efforts on the changes of MoU between Republic of Indonesia-Malaysia.
JAKARTA, June 8, 2006
(sgd)
Salma Safitri Rahayaan
Head of National Executive Body
Solidaritas Perempuan (SP)
National Secretariat
Jl. Jati Padang Raya Gg. Wahid 64 Pasar Minggu
Jakarta Selatan 12540
Tel. 62-21-7802529, 7826008; Fax 62-21-7802529
E-mail: soliper@centrin.net.id
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