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Indonesia is once again on the back foot after Sumiati binti Salan Mustapa, a female migrant worker, was allegedly tortured by her employer in Saudi Arabia. The victim suffered severe injuries, including being burned with an iron and having her lips cut with scissors.

This is hardly the first time an Indonesian migrant worker, known here as TKI, has been mistreated and suffered abuse at the hands of her employer.

There have been numerous similar cases in the past, primarily in countries such as Singapore, Malaysia and Saudi Arabia, where these workers have become not just victims of abuse, but also murder.

President Susilo Bambang Yudhoyono strongly condemned the incident in Saudi Arabia and immediately put together a special team comprised of members from the State Ministry for Women’s Empowerment and Child Protection, the Ministry of Manpower and Transmigration and the Ministry of Foreign Affairs to provide Sumiati, 23, with the necessary medical treatment and legal assistance in Saudi Arabia. At a press conference, Yudhoyono expressed his anger and told his ministers that he wanted “all-out diplomacy.”

But the question we need to ask is why does violence against Indonesian workers abroad continue to occur? Lawmakers have offered several explanations.

First, there is a severe lack of government oversight. Migrant workers are recruited through agencies that are often of dubious credibility, usually lured by the prospect of high-paying jobs overseas. But they rarely receive the proper safeguards to protect them if things go wrong.

Moreover, these workers rarely receive sufficient training. They are rarely taught the language of their work destination or briefed on their legal rights prior to their job placements. They are usually blind to the risks involved in working overseas.

It is like they are being thrown into the ocean without having first been taught how to swim.

Singapore, Malaysia and Saudi Arabia have not ratified and signed the United Nations International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.

The convention does more than just protect the fundamental rights of workers. It sets a moral standard and guarantees fair and equal treatment for this vulnerable class.

Consequently, it is quite difficult to hold these countries accountable when they are not fully committed in upholding the rights of migrant workers. Indonesia signed the international agreement in 2006.

The Indonesian government has so far failed to sign concrete bilateral agreements with any of these three countries. Even though a memorandum of agreement on Indonesian workers in Malaysia has been signed, it only outlines protections for domestic workers, leaving others to fend for themselves. Indonesia has failed to find a common understanding with Saudi Arabia on the protection of migrant workers’ rights

And finally, being employed is more than just about earning an income, but it is also a way to build respect and human dignity. For some workers at home, the only way to seek a brighter future is to cross national borders — any employment is better than nothing. Migrant workers are usually desperate for work and our country is not able to provide it for them.

For Indonesia, it’s a Catch-22.

The number of documented migrant workers of Indonesian origin is significant. They number roughly 2.1 million in Malaysia and one million in Saudi Arabia, and these numbers exclude the illegal immigrants living in those countries.

A World Bank report, titled “Migration and Remittances Factbook 2011,” released on Nov. 8, showed how remittances from migrant workers help finance national development. Indonesia was ranked as the fourth largest country in the Asia Pacific (and 17th in the world) in terms of the total value of remittances received (remittances plus employee compensation), at $7.1 billion in 2010.

China, the Philippines and Vietnam ranked just above Indonesia with remittance intakes valued at $51 billion, $21.3 billion and $7.2 billion, respectively. The study further indicated that remittances are on the rise in Indonesia: from $1.8 billion in 2004 to $6.7 billion in 2009. The national contribution of migrant workers clearly cannot be taken lightly.

Given these factors, what leverage does our country have to enforce stronger bilateral agreements on the protection of its migrant workers?

Unfortunately, Indonesia has a weak bargaining position. Economically speaking, the nation needs large inflows of foreign reserves to expand production capacity. In addition, job creation at home is relatively slow and, perhaps, nonexistent for some. There are simply not enough job opportunities here. Hence, pulling migrant workers back to Indonesia or halting the outflow of new workers, as a means of retaliation, may be politically complicated and economically costly.

The Indonesian government has not achieved a significant breakthrough with these host countries and can only support and seek justice for victimized workers through legal procedures.

Given the current situation, the only thing the government can hope to do is patch up problems as they occur. The only way to move forward is through persistent diplomatic dialogue, and the government must be persistent in its commitment to protect Indonesian workers.

Diplomacy has multiple channels. Reaching bilateral agreements is desirable due to their direct nature, but since the odds are stacked against Indonesia, multilateral diplomacy should be the top priority.

Strategic steps are needed to ensure that all migrant workers are protected, irrespective of their nationality.

For instance, the government of Indonesia can begin by setting up forums/dialogues between the different migration corridors: Indonesia-Malaysia, Indonesia-Saudi Arabia, Philippines-Saudi Arabia, Philippines-Hong Kong, etc.

The Asean Regional Forum could be a start. Since Indonesia will chair Asean next year, it is a great opportunity to steer the issue in the right direction.

Working with other governments responsible for large numbers of migrant workers can pressure host countries to accelerate the ratification process for agreements on their protection. Faced with groups of governments working together, host countries would have to consider the collective opinion of the international community.

Indonesia must be active and dynamic in its foreign policy. Rather than going it alone on this issue, Indonesia should bring many countries to the table. That is real leadership. That is what should be meant by “all-out diplomacy.”
 

Budi Akmal Djafar received his master’s degree in economics from the New School for Social Research in New York.