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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