RECRUITMENT AGENCIES AND ANTI-TRAFFICKING MEASURES: INDONESIAN CASE
Dr. Lalu Muhamad Iqbal Director for the Protection of Indonesian Overseas Ministry of Foreign Affairs
Vienna, 16 November 2015
BACKGROUND
• 2,2 million registered Indonesian migrant workers overseas ( based on e-perlindungan)
• > 70% are in vulnerable working sectors (domestic workers and work in fishing vessels)
• Estimated 1,8 million unregistered Indonesian migrant workers overseas (undocumented/overstayers, etc)
• 503 licensed recruitment agencies are still operating
• 42 recruitments agencies are deregistered in 2015
FACTS Total registered nationals (by name): 2.826.733 Komposisi: 88.23% IMW – 10.77% Non-IMW
ESTIMATION TOTAL REGISTERED (by name): 2.826.733
Total unregistedred (undocumented/overstayers) : 1.870.060 (minimum) TOTAL: 4.696.793
CASES OF INDONESIAN MIGRANT
WORKERS BEING TRAFFICKED
ABROAD
• 2012 – Oktober 2015: 1562 persons identified as victims of human trafficking abroad.
• Mostly involve recruitment agencies (directly or indirectly)
• Working sectors: domestic workers, work in fishing vessels
STATISTIC OF INDONESIAN NATIONALS BEING TRAFFICKED ABROAD
CONDITIONS LEAD TO TRAFFICKING
OF MIGRANT WORKERS
- LACK OF LABOR LEGISLATION (Law 39/2004)
- LACK OF INSPECTION AND MONITORING
- LACK OF KNOWLEDGE AMONG AGENCIES ON ANTI-HUMAN TRAFFICKING
Direct involvement in human trafficking case
Unknowingly contributing to situation of human trafficking
- LACK OF PUBLIC AWARENESS ON A SAFE MIGRATION PROCESS/PLACEMENT PROCESS
GOVERNMENT RESPONSES 1
EXISTING INITIATIVES
- LEGISLATION: Review and revise; changing paradigm; harmonization with anti-trafficking legislation
- CAPACITY BUILDING: train consular officers to identify and protect victims
- INTERNATIONAL COOPERATION: signed MoU with destination/hub countries which includes exchange of information on blacklisted recruitment agencies. In 2015 the first MoU have been signed with UAE
- DEVELOPMENT OF RATING SYSTEM: For agencies in destination countries (Hong Kong); For agencies in Indonesia (BNP2TKI); TripAdvisor-Type Rating by NGO
- DRAW MEDIA ATTENTION TO THE CASE
GOVERNMENT RESPONSES 2
UNDER-DEVELOPMENT INITIATIVES
-CAPACITY BUILDING: train recruitment agencies on ethical recruitment practices (trafficking-free practices) – 2016
-Working with the association to develop code of ethic for recruitment agencies – 2016
-Involve agencies in A Case-Study Training together with polices, prosecutors, consular oficers and NGOs - 2016
-INTERNATIONAL COOPERATION: sign bilateral MoU with more countries – 2 targeted in 2016
RECOMMENDATIONS
• Review/revise labor legislation to ensure it is harmonized with anti-human trafficking norms and legislations.
• Enforce anti-human trafficking legislation: when a migrant workers being identified as a victim of human trafficking, the recruitment agencies should be tried under anti-human trafficking law, not under labor law
• Capacity building for the recruitment agencies on ethical recruitment practices (trafficking-free recruitment)
• Supporting recruitment agencies associations to develop code of ethic
• Strengthen monitoring measures, inter alia through rating system
