Migrant workers as a foreign policy issue

Yayan G.H. Mulyana, Jakarta | Sat, 09/17/2011 7:00 AM A | A | A |-Klipping the Jakarta Post

In a state of union address before the House of Representatives on Aug. 16, 2011, President Susilo Bambang Yudhoyono underlined the paramount importance of the migrant workers issue in Indonesia’s relations with other countries, in particular those receiving our migrant workers.

The President reaffirmed Indonesia’s commitment to protecting the overseas workers through diplomacy and negotiations, as well as improvement of the internal recruitment mechanisms and decisions on sending people on missions abroad.

Previously, in the wake of the Ruyati case, President Yudhoyono issued some directives intended to provide greater protection and assistance to the Indonesian migrant workers. The directives included the application of a moratorium that suspends the dispatch of Indonesian migrant workers to Saudi Arabia, effective on Aug. 1, 2011; the establishment of a special task force particularly mandated to provide assistance to the Indonesian migrant workers facing death sentences and the formation of law and human rights attaché at Indonesian missions abroad.

Indonesia and the Philippines are two major Southeast Asian suppliers of migrant workers in response to the global demand for cheap labor. Like Indonesia, the Philippines puts protection of its overseas workers at the highest end of its foreign policy priorities. In addition to promoting national security and enhancing economic diplomacy and protecting the rights and welfare of Filipinos overseas is a critical pillar of the country’s foreign policy.

In his inaugural address on June 30, 2010, President Benigno C. Aquino III ordered the Philippine Department of Foreign Affairs and other related agencies to be more responsive to the needs and welfare of overseas Filipino workers. Section 27 of The Migrant Workers and Overseas Filipinos Act 1995 stipulates that the protection of the Filipino migrant workers and promotion of their tops the priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.

Article 2 of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families defines migrant workers as persons to be engaged, are engaged or has been engaged in a remunerated activity in a state of which he or she is not a national. The Convention also distinguishes migrant worker into eight categories: frontier worker, seasonal worker, seafarers, worker on an off-shore installation, itinerant worker, project-tied workers, specified-employment workers and self-employed workers.

Many countries, including Indonesia, have integrated the migrant worker issue into their foreign policy. But mainstreaming of the issue into the priority list of foreign policy should also be the concern of the receiving countries. This parallel commitment will lead to equal treatment and importance of protecting and promoting the rights of migrant workers.

For both sending and receiving countries, developing a foreign policy establishment that focuses on the migrant workers is also essential. This foreign policy establishment should have a capacity to develop preventive measures and, in time of emergency, help provide rapid responses, including administrative and legal measures aimed at protecting the migrant workers’ rights. In its operation, it involves governmental and non-governmental stakeholders, including employment agencies and users (companies or households).

Migrant workers will be part of this focused foreign policy establishment. Through this move, a coordinated preparation that provides migrant workers with cognitive, affective and psychomotor readiness to work abroad can be developed.

One important outcome resulting from the presence of such an establishment in receiving countries would be a convergence of foreign policies that focus on migrant worker matters. This convergence should be guided by the principle of mutual respect and shared responsibility. The convergence should generate a more structured and systematic modality of communication and consultation between sending and receiving countries in protecting the rights of migrant workers and providing a room for the performance of their responsibilities.

Since foreign policy regarding migrant workers is strongly affected by both domestic and external factors, continuing improvement of conditions at home and abroad that concern migrant workers is vital.

One important condition that receiving countries should create is legal certainty through the development of legal measures and ratification of relevant international legal instruments, such as UN and ILO conventions. For sending countries, strengthening the effectiveness of the migrant workers-related foreign policy establishment is as important as the development of administrative and legal measures.

For both sending and receiving countries, it is critical to continue efforts to achieve bilateral agreements that outline the mutually accepted principles and actions with a view to promoting the rights, dignity and welfare of the migrant workers. At the global level, building global labor governance that favors overseas workers will be an important agenda.

For countries whose domestic workers make up the most of their overseas workers, such as Indonesia, a new hope is emerging with the adoption of the ILO Convention on decent work for domestic workers (ILO Convention No. 189) by the International Labor Conference on June 16, 2011. ILO estimates there are between 50 and 100 million domestic workers employed around the world. The Conference also adopted Domestic Workers Recommendation (DWR) No. 201, which supplements Convention No. 189.

One key point for migrant workers diplomacy stipulated in paragraph 26 of DWR No. 201 is the significance of cooperation at bilateral, regional and global levels to enhance protection of domestic workers. The paragraph also underlines the importance of international cooperation and assistance, including support for social and economic development, poverty eradication programs and universal education.

In the future, it is critical for both sending and receiving countries to integrate the recommendations into their migrant worker-related foreign policy and in their diplomacy to make decent work for migrant workers.

For Indonesia, President Yudhoyono’s directives on the importance of promoting the welfare of Indonesian workers overseas and protecting their rights and dignity are crystal clear. Progress has been made, but there is still much to be done, including ratification of the ILO Convention No. 189 and other relevant UN/ILO conventions.

The writer is an assistant to Special Staff to the President for International Relations. The opinions expressed are his own.