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The Case of Ruyati:  Weak protections in the migrant worker system in Indonesia

17 August 2011 -Henky Satrio, Indonesia Business Links

On June18th 2011 an Indonesian migrant worker named Ruyati was executed in Saudi Arabia. The scene was ironic as just four days before the execution, at the 100th Session of the International Labour Conference in Geneva, Switzerland, Indonesian President Susilo Bambang Yudhoyono claimed that the protection of Indonesian migrant workers had been set up through a recent regulatory mechanism and related institutions.
After Ruyati’s tragic execution, the President then formed a migrant worker (TKI) task force charged with handling cases of Indonesian workers sentenced to death in four countries - Singapore, China, Saudi Arabia and Malaysia. 
The dream of a better livelihood lured Ruyati to work as a migrant worker in Saudi Arabia. Her decision was understandable considering that the villages and cities where Indonesian migrant workers come from often do not meet basic livelihood needs, leaving workers with no other choice. The increasing number of Indonesian migrant workers in richer countries corresponds with the weaknesses in the Indonesian economy.  Some of the migrant workers state that “If there’s job availability and decent wages in our country, why should we go all the way to Saudi Arabia and Malaysia?”
On the one hand, free trade has provided more employment opportunities for women and facilitates one of their basic rights to migrate and earn a living. However, the competitiveness of free trade has created a demand for the best products and services at the lowest costs, resulting in a continued weakening of worker’s rights. For people in marginalized villages, especially women, becoming a migrant worker seems to be the best way to overcome poverty. 
The protection of Indonesian Migrant Workers (BMI) is the constitutional obligation of the Indonesian Government. However, a series of cases that have continued to arise have yet to move the government to make fundamental changes with the protection of migrant workers. Within the context of a citizen’s right to protection in Indonesia, policies to genuinely protect BMI should be composed immediately in order to enhance the nation’s position and dignity in the world.
The recent discourse around the government’s establishment of this TKI task force demonstrates that it is taking a reactive approach. The function and main responsibilities of this taskforce and how it will function in relation to existing institutions is unclear.  It is feared that the TKI task force formation will only serve as a public speaking tool, active in talk shows and discussions, and provide policy-related clarifications and information, but not offering any real change. 
Currently there are three government institutions that have the authority to locate and protect migrant workers abroad - the Ministry of Foreign Affairs, Ministry of Manpower, and the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI). But there is no clear coordination mechanism between the three institutions in protecting workers who stumble upon overseas legal issues, creating openings for cases like Ruyati’s to occur.
As opposed to creating new bodies, the government should focus on the structure, functions and conduct of existing institutions. Further, the performance of the Director General of the BNP2TKI and the Ministers in dealing with the legal fate of migrant workers should be evaluated, given deadlines, and provided with consultation and legal assistance to ensure migrant worker rights are protected and future tragic cases like Ruyati’s are avoided.

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