A/HRC/4/24/Add.3
page 16
64.
The Special Rapporteur regrets that provisions clearly defining work responsibilities and
regulating hours of work, rest days, regular payment of wages and compensation for injuries are
absent from the MOU. As it stands, the provisions included in the MOU do not meet labour
standards as outlined in international labour laws and treaties, especially regarding the right of
workers to hold their own passports. Under the current MOU, employers are entitled to hold
workers’ passports, thus making it difficult for workers to leave abusive conditions or to
negotiate better working conditions and full payment of their wages. The retention of
international travel documents by employers also contributes to the creation of networks of
traffickers in persons, forced labour and undocumented migration.
VII. RECOMMENDATIONS
65.
In the light of the above, the Special Rapporteur wishes to present the following
recommendations to the Government of Indonesia.
66.
The Government should pursue its efforts towards rapid ratification of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families of 1990. Ratification of the Convention would provide a useful
tool for the protection of migrant workers and create a legal framework within which other
regional and bilateral agreements may be signed.
67.
The Government should incorporate the Convention and other international human
rights and labour standards into national legislation. In doing so, it would be important to
involve the various ministries and government bodies concerned, as well as sectors of civil
society working to protect human rights.
68.
The Government should increase the transparency and monitoring of private
recruitment companies, including regulation and capping of recruitment fees, maintenance
of publicly available registers of recruitment agencies, a system of regular and
unannounced inspections, and imposition of substantial penalties for violations.
69.
The Government should create a framework to improve employment conditions for
migrant workers, including a standard contract that ensures a weekly day of rest, and
regulations that require employers to pay most of the costs associated with recruitment and
placement. Indonesia should work with receiving countries to make sure these contracts
are respected abroad.
70.
The Government should put in place mechanisms to blacklist employment agencies
that break the law, identify and blacklist abusive employers and screen returning migrant
domestic workers, which currently are in statu nascendi.
71.
The Government should improve coordination at the ministerial level. Given the
existing presidential decrees, Indonesia has the required institutional structure for such
coordination and concerted efforts are required for implementation.