Trust Is Low As Key Mou Players Missing Indonesian Envoy

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Key players in the implementation of clauses in the domestic worker memorandum of understanding (MOU) have been missing from negotiations and Indonesia was losing confidence in Malaysia’s commitment to ensuring the rights of workers are safeguarded.
Speaking to Malaysiakini, Indonesian Ambassador to Malaysia Hermono (above) said the Immigration Department played a key role in the implementation of the MOU but has been present at only a select few negotiation meetings which left them in the dark as to the Home Ministry’s position on the details being negotiated.
Describing the progress on the MOU as “positive” with a concerted effort from the Human Resources Ministry, Hermono (who uses just one name) said it was difficult to gauge the assurances from the Immigration Department especially if its limited participation in the negotiations was represented by a non-decision making official.
“We need a political commitment from the highest level that Malaysia will respect and implement the MOU,” he said, urging for a unified position from the Malaysian government.
Yesterday, Human Resources Minister M Saravanan announced that the MOU signing that was initially scheduled to take place today in Bali would not proceed as planned and was looking forward to a new date sometime later this month. 
Indicating that the two ministries could do better in regulating migrant worker placement, Hermono cited an example of contradiction when Saravanan, in September 2021, confirmed that border could only be opened upon the collective agreement between the National Security Council, Human Resources Ministry, Home Ministry and Health Ministry,
However, the Immigration Department continued to issue MyTravelPass to Indonesian domestic workers entering the country to later receive their Temporary Employment Visit Pass via the Maid Online System.
Hermono said key features in the MOU, including the application of the One Channel System, have been agreed upon in principle but the details in the integration of the two online worker management applications – Indonesia’s Siapkerja and Malaysia’s FWCMS – required the active participation of the Immigration Department which operates the latter system.
'Jakarta yet to be convinced'
Hemono explained that a huge part of the placement and protection processes, including issuing entry passes and taking action against errant employers or agents, was assigned to the Immigration Department.
“Labour violations continue to happen in Malaysia and Jakarta is not convinced that Malaysia will accommodate the protections we want in place.
“We have also noticed there is very little redress for migrant workers in the judicial system and the late Adelina Lisao’s case is an example where the alleged victimisation that may have led to her death has not been properly explored in the court,” he said.
Hermono stressed that the Indonesian government was mandated by Law Number 18 of 2017 to ensure adequate safeguards in the placement and protection of its citizens working abroad.
“The central and local government are charged with the protection of citizens working abroad starting from pre-placement, ensuring protection during placement, right up to post-placement, and we take this very seriously,” he said.
Other Malaysian government agencies which could play a role in implementing the MOU include those named in the National Action Plan on Trafficking in Persons for addressing labour violations and migrant trafficking activities.
They include the Royal Malaysian Police, Malaysian Maritime Enforcement Agency, and the Royal Malaysian Customs Department.
Contradictions abound
While Hermono could not commit to a new date for the conclusion of the negotiations and the MOU signing, he was hopeful the Malaysian public too would respect and abide by its clauses.
He confirmed there were no plans for Indonesia to send domestic workers to Malaysia in the meantime, and this included the 10,000 domestic workers expected for a pilot project as indicated by Saravanan in a statement on Jan 24.
However, on the following day (Jan 25) of Saravanan’s announcement, Indonesia’s Manpower Minister Ida Fauziah announced that the country’s citizens would only be able to work in destination countries that fulfilled three conditions which included having foreign labour regulations in place.
According to her statement, the other two requirements were that the receiving countries have a social security system in place for migrant workers and for Indonesia to have a written bilateral agreement with that country.
The minister was also clear that the protection for Indonesian workers in Malaysia included carrying out law enforcement against errant employers and agents who violate employment agreements.
However, on the same day, Home Minister Hamzah Zainudin revealed that the government would introduce an e-locker system to improve migrant worker management and a Single-Border Nucleus Team that would step up security at the country’s entry gates. 
Hermono said no one on their negotiation team had been briefed on either of these new efforts by the Immigration Department. - Mkini

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