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sexual abuse, or poor working conditions. These shelters are often overcrowded. Although most
embassies are able to help abused workers obtain medical care, other forms of assistance such as
professional trauma and mental health counselling are typically absent.
52.
Embassies and consulates must also deal on a regular basis with the obstacles preventing
migrant workers from reporting abuses in receiving countries. For example, immigration
policies in receiving countries can discourage migrant workers from reporting abuse. In
Malaysia, immigration offences can result in penalties of up to five years of imprisonment,
heavy fines, indefinite detention and corporal punishment including whipping for men.
Embassies and consulates can be more accessible by keeping the labour section open on
migrants’ days off and operating hotlines, including through the use of text messaging.
The role of NGOs
53.
The number of NGOs has been on the increase since the mid-1990s. They have
undertaken many laudable initiatives, including the formulation and promotion of a draft law on
the protection of migrant workers, modelled on CMW. More comprehensive and broad-based
strategies, however, are hampered by a lack of funding and resources.
V. RATIFICATION OF THE INTERNATIONAL CONVENTION ON
THE PROTECTION OF THE RIGHTS OF ALL MIGRANT
WORKERS AND MEMBERS OF THEIR FAMILIES
54.
During meetings between the Special Rapporteur and government officials, most
interlocutors agreed that it is in the interest of the Government of Indonesia to ratify the
Convention as it will increase Indonesia’s bargaining power with their counterparts on
immigration issues. Indonesian officials claim that migrants are not protected abroad because
none of the receiving countries has ratified this Convention, which raises the issue of reciprocity.
55.
However, reluctance to ratify CMW stems from the belief that ratification will oblige
Indonesia to protect migrant workers coming into the country by providing services such as
education for their children and welfare services. The authorities argue that this would be too
costly for a country struggling to raise standards for its own citizens and would create the
impression that foreign migrants residing in Indonesia were being given special treatment.
Incoming migrants and their rights and conditions do not seem to attract much attention from
policymakers. Fears were expressed that ratification would entail administrative burdens,
especially at a time when Indonesia is experiencing a large budget deficit. Indonesia sees the
ratification and implementation processes as expensive undertakings in a context where
governmental budgets, and staff assigned to such matters, are very limited.
56.
The Special Rapporteur also notes that the alleged direct or indirect involvement of some
officials with recruitment agencies is an ongoing problem. Ratification of CMW would increase
the protection of migrant workers and deter illegal practices, as migrant worker services would
be treated as a public matter. The allegedly high level of collusion between officials and those
involved in the export business would be subject to closer scrutiny and broader reforms.