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AKUI - AKSI KEMANUSIAAN UNTUK INDONESIA HUMANITARIAN ACTION FOR INDONESIA Editors: Lea Pamungkas, Lily
Djojoatmodjo, and Evi Savitri Editorial
Note
On 29
September, Majalah Forum (an Indonesian weekly) published a letter from a
migrant worker who had entered Malaysia illegally in 1991. In his letter, this ordinary fellow from
Lamongan Village in East Java, expressed his disbelief that the daughter of
one of the founders of the Indonesian Republic, President Megawati
Soekarnoputri, seems to have lost the authority to struggle on behalf of the
dignity of her people. In the eyes of this man, Megawati is very different
from the second President of the Republic of Indonesia, Soeharto, who when a
mass expulsion of Indonesians began in 1991, took a firm stand. Soeharto immediately criticized the
Malaysian Government’s action in a variety of media. The Malaysian Government
was clearly afraid and eventually talks were held which resulted in what
became known as the Temporary Work Agreement (Surat Perjanjian Kerja
Sementara). In
closing his letter, Mohamad Syahid –
the name of this man, expressed his deepest thanks to Soeharto. And in
anticipation of the taunts of those who do not like him, he wrote, “remember,
there are still many who are in awe of and who like Pak Harto.”This letter
represents the reflections of a citizen of Indonesia. Notwithstanding its degenerate nature, the
government under Soeharto was nevertheless able to protect the feelings of
its people. A small gesture it seems, which touched the heart of someone who
was in the middle of a crisis.And maybe this is also something that Megawati
has ‘forgotten,’ in amongst all the other things that she has neglected. That
a citizen needs to feel protected by his country. THE NUNUKAN TRAGEDY: THE IMPACT OF
INDONESIAN-MALAYSIAN SLAVERY PRACTICES Background
The
implementation of new immigration regulation at the end of July resulted in
hundreds of thousands of Indonesian workers – usually known as TKI (Tenaga Kerja Indonesia – Indonesian Labour
force) flooding to Nunukan Island, East Kalimantan. This sudden human
tidal wave has rendered Nunukan Island, which is only 5,536 Km2, very
crowded. Nunukan was already home to
37,676 people, with a population density of 6.81 people per Km2. Some of the migrant workers are crammed
into tents owned by Indonesian Labour Services Contractors (PJTKI – Pengerah Jasa Tenaga Kerja Indonesia,
the name used to describe companies which act as broker for Indonesian labour
overseas), but the largest number are living in the open, in shop doorways,
on the pavements, whilst some are able to rent a room in the homes of locals
who still have some space left. The conditions that they are living in are of
grave concern, facing great physical and psychological burdens as logistical
services decrease, the lack of drinking water, and the spread of disease such
as chronic bronchial infections and diarrhoea. According to data gathered by the Humanitarian Voluntary
Network for Nunukan (JRK – Jaringan
Relawan Kemanusiaan untuk Nunukan) up to the end of September 70 migrant
workers or members of their family had died in Nunukan, the largest number of
whom were women and children. The
majority of migrant workers and their families were already sick upon their
arrival in Nunukan. The Nunukan local community clinic (Puskesmas), the only
permanent health services provider, is awash with patients. With limited facilities, the 10 beds are
currently being used to treat 25 people. Dozens of others can be seen lying
on mattresses strewn about on the floor.
In these conditions it is not surprising that the workers are
experiencing a great deal of stress and with each day that passes, there are
more and more cases of mental health problems arising. Despite
these worrying conditions, the Indonesian Government has reacted slowly in
both the anticipation and handling of this case. The momentum of the meeting
between Mega and Mahatir in Bali on 7-8 August was not utilised in order to
discuss a resolution to the problem of Indonesian migrant workers in
Malaysia. And
whilst an effective solution was still proving elusive, differences of
opinion soon became evident between the Minister for Labour and
Transmigration and the Foreign Minister, who blamed one another. And
President Megawati also passed the buck onto local governments (Pemda) who she accused of playing a
part in the sending of TKI abroad. And of course the local governments passed
the buck onto the PJTKI. According
to the JRK in Nunukan, one thing that is certain is that at least 25,000
migrant workers who are currently being housed by the PJTKI are entirely
dependent on the relevant PJTKI. This is because the local government
considers that the handling of TKI is the PJTKI’s business. The local government assists the migrant
workers only in the facilitation of camps.
According to the JKR, that large numbers of migrant workers/deportees
have arrived in Nunukan is due to a number of reasons, as follows: 1. Deportees who decided to return to their
home villages 2. Deportees who are preparing documentation
for return to Malaysia 3. Deportees who were expelled/deported 4. Deportees who will return if conditions
allow Other
matters that have led to this sequence of events, is the lack of control of
the state and other organisations over the handling of the problem of the
migrant workers. As a result, the motivation of the migrant workers who wish
to seek better fortune abroad is abused. For example, they are not given
assistance in respect of the correct procedures that they should follow. They
are not given explanations in respect of the ins and outs of working and of
labour regulations that exist in other countries. Their fate lies in the hands of the middlemen or agents who try
and squeeze them for all they’ve got.
The migrants are not usually involved in setting the terms and
conditions of their work contract. The contract is drawn up directly between
the PJTKI and the company or businessmen largely in the interests of the
PJTKI. And yet there is no clear
contract of work between the PJTKI and the migrant workers themselves. Thus the PJTKI’s involvement only extends
to receiving an introductory fee (as agent) from the migrant workers, as well
as from the prospective employer, but takes no further interest in the fate
of the worker abroad. The
vague nature of the contract means that in reality the employer can easily
manipulate or violate the promises made orally by either the employers themselves,
the PJTKI or the Malaysian agents involved.
For example, wages received often fall short of the sum originally
promised – plantation workers have been promised RM 13.00 per orchard, yet
have in reality only received 80 cents. Employers are able to impose their
own arbitrary sanctions against the worker such, as docking wages, beating
the worker, or forcing them to lie out in the sun for hours on end. Other
matters that weaken the position of the migrant worker include the problem of
official documents such as passports and residency and work permits which
represent another source of income for the agents. They are also the reason many employers are able to abuse the
migrant worker who is left powerless to act because of his or her unofficial
or unclear status. According to the
JRK, there are a number of problems faced by the migrant worker. First, the
migrant worker is forced into illegal status because they cannot afford
payment for official documents and the complicated procedures. Second, the
migrant workers who do have documents must make a number of payments in
advance, for example down payment of between RM 300 to RM 500, levies of
between RM 100 to RM 540, accommodation costs of RM 100 per month and health
insurance of around RM 200. Clearly a
factory worker who only earns between RM 200 to RM 300 per month cannot
afford to make these payments. Third, work permit extensions cost around RM
700. Work permits must be extended yearly, which means that RM 100 is
deducted from their monthly income. These
are the sorts of problems which encourage the Indonesian migrant worker to
take short cuts, namely to become an illegal worker. In addition, the extension of a tourist
visa is often taken as permission to live or work by the migrant worker. Moreover, official immigration documents
belonging to migrant workers are taken from them and are kept by they
employer. Thus the fate of the
migrant worker is truly in the hands of the employer. The
weak position of the Indonesian migrant worker, particularly in Malaysia,
renders them victims of a number of labour rights violations and rights
violations in general at the hands of the employer, as well as the Malaysian
security forces. During deportation, it is not unusual for the migrant worker
to receive inhumane treatment. The Malaysian Government has carried out a
number of arrest operations such as the hunting down of migrant workers in
the forests, putting them in holding cells and then deporting them. Migrant workers working in plantations and
in the forests have also been subjected to extortion by gangs who threaten
them if they do not pay, with the promise of protection from the security
forces if they do. If they don’t pay up, they will be handed over to the
authorities. The physical, mental and
material pressure put on the migrant worker is a common practice that
continues unabated, leaving migrant workers unable to defend themselves. And it
is no secret that migrant workers in Malaysia are making a major contribution
to both the Malaysian as well as the Indonesian economies. The ‘cooperation’ between the two
countries in the matter of migrant workers contributes as much as US$ 61.4
million in foreign exchange each year!
Moreover, the Minister for Labour and Transmigration for Indonesia,
Jacob Nuwa Wea, has targeted foreign exchange earnings of as much as US$ 5 to
6 billion per year through the efforts of the migrant worker. In order to
raise the foreign exchange figures, the Indonesian Government aimed to
increase the number of Indonesian workers sent abroad (Media Indonesia, 28 February 2002). On the
Malaysian side, Indonesian migrant workers are very much needed. They are cheap and willing labour. This
need has often resulted in an amnesty by the Malaysian government for illegal
workers. This amnesty has been limited to domestic workers and plantation
workers. The Malaysian government is able to collect tax from the amnesty
process itself and meanwhile the Indonesian government receives an income
with the issuing of travel documents (such as the SPLP – Surat Perjalanan Laksana Paspor – which can be used in place of a
passport). These amnesties are a
follow-up to the agreement signed by the two countries on 12 May 1984 in
Medan. The first amnesty was held in 1985. To date, hundreds of thousands of
illegal workers have received an amnesty (Suara
Pembaruan, 3 February 2002). Because
of the chopping and changing in attitude by the Malaysian government, many
people feel – particularly the migrant workers who are now seeking shelter in
Nunukan, that these deportations are only temporary. The need for cheap and willing migrant
labour will continue. Malaysia has made a lot of profit from the migrant
workers. Plantations and the
construction of sky scrapers have been down in the main to migrant labour. The
possibility that Malaysia is “still open” has given the migrant workers in
Nunukan some hope. Yet they also feel that they only have a slim chance of
returning to their former place of work.
This is exploited by the agents or middlemen who make promises to
“process” new documents. On the other
hand, the Nunukan local government has asked the migrant workers to leave
Nunukan and to return home to their villages. For the migrant workers who are
for the moment stuck on Nunukan, this is an expensive proposition. For by the
time they made it to Nunukan, most of the workers had run out of money. All
of their savings have been used to pay for the costs of travel as far as
Nunukan. THE ORIGINS OF THIS HUMANITARIAN DISASTER
The
origins of this disaster lie in the implementation of Immigration Act
No. 1154 of 2002 by the Malaysian
Government last March, which forcefully outlawed the arrival of migrant
workers without the correct documentation.
Since then hundreds of thousands of workers from Indonesia ran away en
masse from their dreamland. Kuala Lumpur did give a 5 months period of grace
for the “illegal immigrants”- as the workers were described by the Malaysian
Government - to pack up and leave. During
this period they were given the opportunity to arrange for a “quick passport”
or SPLP. With
these documents the migrant workers are able to return to their homeland
though legal channels. Up to the end of the period of grace on 31 July,
around 322 thousand workers from 50 countries left Malaysia, 250 thousand of
whom are Indonesian. According to the Director General for Citizen Mobility
from the Department of Labour and Transmigration, Harry Heriawan, quoted
Malaysian immigration officials who estimate that there are up to 3 million
illegal immigrant workers in Malaysia. Of this figure, between 75-80% or
around 2.4 million originate from Indonesia (Kompas Cyber Media, 8 August 2002). The new
Malaysian immigration legislation, Immigration Act Number 1154 of 2002 that
became effective on 1 August 2002, replaces Immigration Act Number 63 of
1959. The new law states that each illegal worker arrested by Malaysian
police will be fined RM 10,000, faces up to five years imprisonment and six
strikes of the lash. “Of all the unregistered immigrants from Indonesia who
have been living and working in Malaysia, 480,000 or perhaps three times that
figure, are illegal workers. And it is this group which must deported
immediately,” said Harry. In
amongst the chaos and confusion of the deportation of migrant workers,
information was received from Tawau that buses carrying workers on their way
to the Indonesian Consulate there had been detained. The Indonesian Consul in
Tawau, Makdum Tahir, was forced to deal with the local police in order to
deal with the problem. The arrests contributed to the chaos as the bus
drivers tried to run away down the main road. There has yet been any
explanation as to the reason for the arrests, but Consular staff have
suggested that the arrests were in connection with the traffic jams on the
roads of Tawau. Meanwhile,
around 135 out of 154 Indonesian migrant workers who had managed to escape
into the forest to escape Malaysian police, finally made itu to Nunukan. They were workers from a palm oil
plantation that had been razed to the ground by Malaysian police last March.
Out of fear, they hid in the forest. Eventually they gave themselves up to
the Consul General in Kota Kinabalu. In fact for quite some time, the
Malaysian Government has been unable to cover up its outrage over the large
number of immigrants from Indonesia who came to work in Malaysia. This
increasingly evident outrage
eventually led to the adoption of an unsympathetic attitude towards
Indonesian workers after a number of criminal cases involving Indonesian
migrant workers began to emerge. Fifteen
years ago, in December 1987, Malaysian police carried out a raid on
Indonesian workers. At that time, around 350 Indonesian migrant workers who
were not in possession of official documents were taken into custody. The reason given was that Indonesian
migrant workers were thought to be the masterminds behind a number of crimes
committed at the time (Tempo, 24
January 1987). This year, on 17 January, a disturbance took place in a textile
factory (Hualon Corporation) in Negeri Sembilan, which involved migrant
workers from Indonesia. Around 150 Indonesian workers rioted when 16 of their
colleagues were arrested by Malaysian police on suspicion of using narcotics.
Three days after the unrest, 70 Indonesian workers also rioted on a
construction site in Cyber Jaya (Kompas
Cyber Media, 19 January 2002). Since
that last incident, the tightening up on Indonesian migrant workers and their
deportation, particularly those who had caused problem or who were illegal,
began in earnest. The peak of the deportations took place between the end of
July and the middle of August 2002. Since then deported Indonesian migrant
workers have flooded Nunukan, the majority of whom have done so merely in
order to process the relevant documents in order to return to Malaysia (JRK
in Nunukan, September 2002). Up to the middle of August, migrant workers were
arriving in Nunukan, as many as 9,000 per day. This figure is way out of proportion with the 800 or so passports
a day that the immigration office is able to deal with on a normal day. The Nunukan Immigration Office is forced
to issue as many as 1,200 passports a day.
It doesn’t take much to estimate that the Nunukan IDPs will be waiting
a very long time at that rate for their travel documents to be
processed. Many IDPs have already
been waiting in Nunukan for over a month, without any certainty as to when,
or whether, they will return to Malaysia. In
order to process their documents, the workers have to pay between RM 900 and
RM 2000 (including accommodation costs in Nunukan and travel expenses to
Malaysia). Of this amount, the workers have already paid between RM 200 to RM
900, the rest of which is paid by their employers or the agents. The
difference will later be deducted from their wages (Kompas Cyber Media, 8 August 2002). With
these conditions, it is not surprising that, to date, there are tens of
thousands still being detained in port towns such as Penang, Port Klang,
Johor or Tawau. Since the middle of August, the Indonesian Government has
sent ships to assist with the large numbers of Indonesian nationals.
Unfortunately however, these ships didn’t go to collect the workers abroad.
They were only sent to meet them as they arrived at Indonesian ports (Nunukan
in East Kalimantan, Batam, Tanjung Balai Karimun and Belawan in North
Sumatra). How they made their way from Malaysia to their homeland was their
own business. Having to return home
in these conditions has become a life and death drama for these workers. Most
of them made it to Nunukan using old wooden boats. And often these old boats designed to carry no more than 20
passengers were loaded up with hundreds of people. The journey home cost a
number of lives. THE VICTIMS OF DEPORTATION AND INDONESIAN-MALAYSIAN
SLAVERY PRACTICES
The
suffering of Indonesian migrant workers in Malaysia is nothing new. The
problem of the migrant workers who are now in Nunukan is not just an
emergency humanitarian problem which can be resolved by raising the standard
of assistance given to them. In reality the problem of migrant workers is
much greater than that. Even if the
emergency humanitarian conditions in Nunukan can be resolved, the fate and
suffering of the migrant workers will not end there. What is
happening in Nunukan is only one aspect of the tragedy that envelops migrant
workers, particularly in Malaysia. According to the JRK in Nunukan, there are
two other fundamental problems that are being faced by immigrant workers that
have yet to become public issues, namely: 1. Crimes committed during deportation process. 2. The crime of slavery. 1. Crimes Committed During the Deportation
Process The testimony of migrant workers in respect of how
they were deported provides evidence that supports the accusation that the
Malaysian authorities acted arbitrarily during the deportation process. The
deportation process was carried out without respecting the rights of the
migrant workers, which is guaranteed under international law. Under the
International Convention for the Protection of the Rights of Migrant Workers
and their Families, the rights of migrant workers and their families are
guaranteed throughout the period of living and working abroad and the return
to their home country. In connection with mass deportations, article 22,
section (1) of the Convention states that migrant workers and their families
cannot be the targets of deportation efforts or mass deportation. Migrant
workers and their families may only be deported from a region of a state
based on a decision taken by a relevant official in authority in accordance
with the law (section 2). Even in the case where a country allows for
collective deportations, the migrant workers and their families have the
right to the opportunity either before or after they leave to receive wages
owed to them or other rights as well as to pay off any debts they may have. The testimony of migrant workers indicates that a variety
arbitrary action was taken against them throughout the deportation
process. Thus the whole deportation
process was implemented without safeguarding the rights of the workers as
human beings. An immigrant worker by the name of Dimus, aside from being
chased and arrested was also the victim of theft and extortion, who was then
detained arbitrarily and only released after he had paid a ransom. Sefiana
and Date, were forcefully separated from their husbands. Their husbands,
throughout the period that they were working as migrant workers in Malaysia,
were forbidden from finding out where their wives were. Another migrant
worker by the name of Fakka, was stripped naked whilst in detention. Evidence
indicates that Malaysian police not only arrested and detained immigrant
workers, but also stole from them, extorted money from them, beat them and
intimidated them. Moreover, money that had been hidden in the soles of shoes
and in belts was also taken. According to a JRK report, because of this
behaviour by Malaysian police, a migrant worker folded his money as small as
he could and then swallowed it in the hope that he would be able to reclaim
it upon his return to Indonesia. It is not surprising therefore, that many
migrant workers left Malaysia with only the shirts on their backs. During the
deportation process, the migrant workers were not given the opportunity to
claim outstanding wages, collect their possessions and other rights. They
were hunted down and deported with violence, the way a person might chase out
an animal. 2. The Crime of Slavery Aside from evidence of the use of force and violence
during the deportation process, the testimony of the migrant workers also
indicates the extent of their suffering during their time as migrant workers
in Malaysia, including evidence of the practice of slavery. Ironically, the
practise of slavery is ignored and allowed to continue both by the Indonesian
as well as the Malaysian government. Moreover, the Indonesian government in
effect “gives its blessing” to the practise of slavery. In fact the de facto
practice of slavery has been going on for a long time, and the government has
been aware of it. The government
gives the impression that it doesn’t care, and does not seem to see this as a
serious problem. “The problem has been enlarged by the press,” said President
Megawati (Kompas Cyber Media, 6 September
2002), whilst she was on a trip to South Africa. She also stated that the
return of the illegal migrant workers was the job of regional (not central)
government. But if the President really wanted to open her eyes and
observe the truth, then the picture she would see that the fundamental rights
and the right to freedom of the migrant workers have been explicitly
violated. This begins from the point when the migrant worker is recruited,
put to work or moved to another location. The chain of events are nothing
more than slavery and criminal acts. It is not only migrant workers who do not possess official
documents that are subjected to these practices, but also those that arrive
entirely legally. And what’s worse, these practices are carried out in the
open and without restraint. The migrant workers invariably put up with their
mistreatment because they are afraid that they will lose their jobs, or
because they are badly informed. These problems are made worse by the fact
that the migrant workers come from the poorest and weakest groups in society.
Their fear and their daily needs prevent them from stating the reality of
their effective slavery. The Consortium of Migrant Workers (Kopbumi – Konsorsium Buruh Migran) made public
the reality that hundreds of migrant workers working at the Very Good Estate
Sdn Bhd company in Malaysia had not received wages for 3 years. They were
given just enough for their daily needs, and food in the form of salt fish
which was often rotten. They had to work from morning til night, without ever
knowing a day off. And if they could not work through illness, their daily
allowance was reduced (Suara Pembaruan,
26 March 2002). The wages of migrant workers are very low indeed, between
RM 8 and RM 25 per day. A packet of
cigarettes in Malaysia costs RM 2. According to information given by Petrus
Kanisius, Deputy Head of the Office for the Return of Indonesian Migrant
Workers, the wages have not changed for the last 10 to 15 years. There are migrant workers who have never
received their wages. Moreover, there
is the story of a migrant worker who worked 24 years in Malaysia, who had had
all their assets seized because they are said to be in debt to their
employer. All they were given after 24 long years was RM 25 with which to
make their way back to Indonesia (JRK, September 2002). In the case of Indonesian migrant workers in Malaysia,
documents are a “tool” used to force the worker into debt. The workers who
usually come from the poorest section of society become indebted to an agent,
a contractor or an employer, in order that they documents be processed. These
documents are only valid for a certain period of time, after which they must
be processed once again, and become indebted once again, and so it goes.
Eventually the worker is so indebted that he or she cannot release themselves
from the grip of the agent, contractor or employer. Because of this enormous burden, many workers choose not
to arrange for official documentation. Facing of course all the consequences
of this choice. Without valid
immigration documentation appropriate for someone seeking employment in a
foreign country, the position of these migrant workers is extremely weak in
the face of Malaysian law. In addition, the lack of knowledge and
understanding of the situation and the lack of a proper contract of work
renders the bargaining position of the migrant worker almost non-existent.
Yet there are clear indications that Malaysian businessmen take advantage of
this situation by employing those who do not have official documents and who
do not understand their position, because the employer is thus able to offer
very low wages (not in accordance with legislation), they have no
responsibilities and do not have to pay taxes. CONDITIONS IN NUNUKAN
Conditions in IDP Locations
The
tens of thousands of migrant workers who are staying in Nunukan are spread
over a number of locations, for example in accommodation owned by the PJTKI,
local homes contracted by the PJTKI, with families and friends of the migrant
workers, in emergency tents rented by PJTKI, and there are those who have no
place who build huts from the leaves of the plantations, or who seek shelter
in shop doorways, verandas of homes, under market awning or half-finished
buildings. There
are two locations which are sheltering migrant workers in their thousands,
namely the emergency tents in Lapangan Porsas (Porsas Fields – shelter for
workers from a number of PJTKI) and the emergency tent owned by PT Elviera in
Sungai Bolong, which is administered by H Ramli. Both locations have received
a lot of attention, because these are the locations where many sick and dying
migrant workers can be found. The 10m x 50m emergency ‘tent’ in Sungai Bolong
has been set up on the road, with plastic sheeting for groundsheet and the
roof, with no walls. This tent is home to around 2,000 migrant workers, very
close to the beach. The migrant workers have to cram tightly together when
they try to get some sleep. Men, women and children all in one tent, without
any screens or partitions. When it rains, they try and move to the centre of
the tent, forced to crouch or stand. Water splashes into the tent and rain
leaks through the rips and tears in the plastic roof. The night is filled
with the sound of coughing. In conditions such as these, even sleep becomes
almost unattainable. Conditions of the migrant workers who are ‘living’ in
local homes are no better. Some sleep on the veranda, with no ground sheet.
Some are sleeping under long houses, close to where the latrines are located.
Some migrant workers have been found seeking shelter in unfinished buildings,
with no groundsheet, with no walls. Food, Sanitation and Clean Water
In the
hall located behind this ‘tent’ the migrant workers queue up to get some
food. They are fed rice, salt fish and marrow day in and day out, a menu that
has never changed. They are given food twice a day – children and adults are
given the same food, and there is nothing prepared especially for babies. Parents must find their own means by which
to feed their babies – and who knows how those who are now penniless managed
this. Moreover, in many locations there is no clean water provided. Drinking
water is only provided at meal times.
Otherwise they must find water themselves. In a number of locations,
the food provided is so limited, that the migrant workers must take it in
turns to eat and drink. And in some locations there are no plates or cutlery
provided. Children are already
suffering from malnutrition and other digestive complaints, partly due to the
fact that food for children, the under fives in particular, is the same as
food for adults. In H
Ramli’s camp, the tent is located right next to the rotting rubbish tip and
the two latrines provided stink, with not a drop of water provided. The
migrant workers have to walk past the stench as they carry their food. And
they must wash, wash clothes and relieve themselves in those two latrines.
These facilities are nowhere near appropriate or sufficient, given the number
of migrant workers seeking shelter in this location. This is why those who can afford it pay
Rp. 1,000 to wash, Rp. 1,000 to relieve themselves and Rp. 2,000 to wash
clothes in facilities owned by local people. Those who have no money are
forced to use the river. There are four tanks of ‘clean’ water that are
filled two times a day. This water is used as drinking water, even though it
hasn’t been boiled beforehand because there are no cooking facilities. And
there are many health complaints resulting from this. The water is acrid,
with a pH of 4.5. Conditions
in the IDP camp in Porseas Fields, near Nunukan airport, are similar to those
in Sungai Bolong. Heat and dust overwhelms the migrant workers who shelter in
the emergency tents provided by the local government. At night the wind
whistles through the shelter with no walls. The migrant workers here are
mostly from PJTKI including PT Pandu and PT Elviera. Water and sanitation
facilities are no different from those in Sungai Bolong. Similarly the
standard of food provided. There are many sick and dying migrant workers in
Porseas Fields. Health
Conditions
in the shelter provided, with poor sanitation, insufficient and low-quality
food is one reason why many of the workers are suffering from depression, are
becoming sick and are dying. Many workers try to leave the camps and find
shelter in local homes. The Sick
Up to 5
September 2002, there were eight locations providing health services, which
see somewhere between 400 to 600 patients per day (out of around 30,000
people). Between 23 and 39 August, it is estimated that around 675 patients
were seen each day. The health ‘kiosk’ have limited opening hours. The
treatment room in the Puskesmas is
always full, with only room for 25 patients, filling every spare corridor
available. At least 24 doctors are needed, though only 16 are available, and
there are only 30 paramedics on hand, even though it is estimated that 52 are
needed. There are no psychiatrists or mental health workers provided, even
though many of the migrant workers are suffering from severe depression and
some are suffering from severe mental health problems – none of whom are
receiving any assistance. Up to 27 August 2002, 52 patients were registered
as suffering from severe depression, two of whom have since died from
strokes. One health kiosk alone can
see between 75 – 300 patients per day. At every IDP location there are sick
people lying listlessly on the ground, who are not receiving any
treatment. There are a number of
reasons for this: 1. They do not have someone who can attend to
them 2. They do not have money and do not know that
treatment at the health kiosks is free 3. They are unable to walk Deaths
According
to the Nunukan Puskesmas, up to 5 September 2002, 33 migrant workers have
died. The JRK in Nunukan has
estimated however that up to 5 September, at least 70 migrant workers or
members of their families have died.
Fifty-one deaths were recorded for the month of August alone. The high
figure for the month of August reflects the extent of the problems faced by
the migrant workers in Nunukan. Almost every day there is a death. Most of
the deaths occur in the shelter, without ever having received any treatment.
The cause of death is often unknown. The length of time between succumbing to
illness and then dying is very short in Nunukan. For example in the case of
Kristianus, 24, from NTT who on the evening of 11 August was seen dancing
around because he had his photograph taken. This meant it would not be too
long before he was able to return to Malaysia. However, that night at around
23.15 he was taken to the Puskesmas suffering from vomiting and diarrhoea. At
01.15 he passed away. Rahmawati, 28,
from Flores, died as she gave birth to her child, who also died. Five babies died because they were born
prematurely, one of whom was born to a mother who was also sick and could not
eat fro three days. There are also babies who died only a few hours after
birth. But regardless of the cause of death, the plight of the Nunukan IDPs
continues to be dismissed and simplified by the politicians and government.
The only thing that seems to matter to the government is to deny the figures.
But why must people die? There is no war in Nunukan. There is no natural disaster,
outside of human control. Yet in a very short period of time, over 70 people
have died due to depression, illness and hunger. This high death figure is an
indicator of the extent of the emergency and the failure of the government to
deal with it. This is why the government is eager to hide the number of
deaths. The Suffering of Women and Children
The
total figure of women and children who are currently seeking shelter – as
with the figure as a whole – is difficult to determine accurately. The monitoring
of a number of IDP locations however indicates that there are not as many
women and children as there are men. Yet they are the ones who suffer most.
This suffering is reflected in the number of women and children who have
died, the condition of pregnant women and those breastfeeding, the condition
of the under fives – the fact that children have been sold and that there is
prostitution taking place amongst the younger people. Of the total figure of
deaths, 43% are under fives and 14% adult women. The under fives and babies
are dying of malnutrition. Women suffering from malnutrition are not able to
produce sufficient milk for their babies, yet there are no alternatives
provided. But deaths amongst the
under fives are not only due to malnutrition, but also delays in receiving
treatment, as well as sanitation conditions in the camps. Most of
the migrant workers arrived in Nunukan with only just enough money, and some
came with nothing. When their suffering goes below subsistence level, it is
the women and children who are the victims. Children have been sold,
separated from their birth mother, handed over to a complete stranger.
Imagine the desperation of women who are selling their children for a few
thousand Rupiah in order to save the life of their child, and their own. And
young women are turning to prostitution to raise enough money to feed and
receive medical treatment. This is the suffering of women and children. And a married woman’s status is perceived
differently when she is forcefully separated from her husband. This sudden
change in status is also leaving psychological scars, sometimes resulting in
mental illness. This change in status may be due to the death of her husband,
her arrest and deportation without her husband knowing or not having
sufficient funds to pay for her passport and follow her husband. One
reason why women are selling or handing their children over to locals is
because one of Malaysia’s immigration laws states that migrant workers are
not allowed to bring their children with them. Two women stated that they
handed over their children to local people because they had to return to
Malaysia. Yet locals who buy or who agree to take in migrant workers’
children have been accused by the Social Minister of breaking the law. IMPACT
OF THE IDPs ON NUNUKAN
The
impact of the arrival of thousands of IDPs in Nunukan can be seen from a
number of different perspectives, as follows: 1. Economic 2. Social 3. Environmental In
economic terms, what is happening in Nunukan has two contradictory
elements. On the one hand, the
migrant workers have brought economic opportunities to the local people –
providing a huge new market. Locals
have benefited by ‘selling’ facilities such as showers, clothes washing, toilets
etc. They also sell food and ‘household’ necessities such as soap, drinking
water etc. Water, which is normally
sold at Rp. 50,000 per tank is now being sold for between Rp. 80,000 and Rp.
100,000 per tank. Taxi drivers are also benefiting, as is public transport.
People are now being charged between Rp. 2,500 and Rp. 5,000 for a journey
that used to cost Rp. 1,500. All hotels and hostel accommodation in Nunukan
is full. Moreover, the PJTKI are having to rent accommodation from local
people in order to house the migrant workers. The PJTKI pays Rp. 2,000 per
head per day and if food is provided, they pay Rp. 7,000 per head per day
(JRK, September 2002). Although
there have been economic benefit reaped by the local Nunukan inhabitants,
general food costs, as well as transportation costs, are rising. Vegetables that had previously cost Rp.
1,000 now cost somewhere between Rp.
1,500 and Rp. 2,000. Rice that used to cost Rp. 80,000 per sack (25
Kg) now costs Rp. 85,000. The price rises affect everyone, not only the
migrant workers. And the migrant workers who are not under the PJTKI or who
have run away from PJTKI shelter and those who are not being provided for by
the local government have become the responsibility of local people. Even
though they are not family, the feeling of solidarity between those of the
same origin is high, resulting in local people being prepared to provide
shelter for these migrant workers. So even though local households are only
able to provide for 5 people, some are now carrying the burden of providing
for between 10 to 60 migrant workers now associated with their household. Yet
there is no assistance being offered to these families by the local
government. The
number of migrant workers, who outnumber the local residents, is also giving
rise to a number of social, health and crime problems. A major concern for
local people – evident from the graffiti on the walls – is the matter of
health and cleanliness. Some local inhabitants feel that the migrant workers
are polluting the environment and causing a disturbance, because many of them
use the river and the orchards as latrines and to throw away their waste.
There are also cases of theft, for example clothes hung out to dry belonging
to locals have been stolen. However, although at first people felt that the
migrant workers were a disturbance, on the whole local people are becoming
accustomed to the situation. INDONESIAN GOVERNMENT RESPONSE
Direct assistance
Only
after criticism from the public and the press did the Indonesian Government
take action to deal with the tragedy which was unfolding in Nunukan. As part of their response, central
government officials and parliamentarians visited Nunukan. Upon their return,
all of them stated that conditions in Nunukan were beginning to improve.
“Barracks for the migrant workers are being built and are 60% completed,”
said the Social Minister, Bachtiar Chamsah.
Provision of assistance for the hungry, despondent, ill and dying
migrant workers was announced. The
government stated that it would release Rp. 5 billion, in the form of rice,
instant noodles, tents and other provisions and that medical assistance would
also be provided. Based
on an investigation by the JRK in Nunukan, the following developments have
occurred in Nunukan since the visit by the Vice-President on 3 September 2002
(up to 11 September): 1. The shelter provide in Sungai Bolongon
belonging to H Ramli in the form of an emergency tent has been taken down.
These are the IDPs that the press has focused on thus far. 2. Between 5 and 11 September, around a
thousand workers have been moved to barracks built by the local government.
Of these, around 700 migrant workers have been placed in Mombunut and around
300 in Sedadap. 3. The camp in Porseas Fields has received an
additional two tents from the police (one tent for a clinic and one for
accommodation) and food provisions have improved. Since the visit by
ministers, they have received food three times per day. A collective kitchen
was quickly set up, which can only provide food for between 100 to 200
people, though there are around 2,000 people living in this location. 4. Health provision has improved, the hours
clinics are open has been extended, five more ambulances have arrived as well
as the floating hospital KRI Tanjung Kambani which is 600m from the port, and
which can be reached within 5 minutes by boat.. As a
whole, there have been improvements to services being provided to the migrant
workers, though only for those who are being sheltered in local government
locations. No changes are evident in the other locations that are being
administered by the PJTKI. There has
as yet been no effort made by the PJTKI to raise the standard of their
services. They are waiting for assistance from other sources. So what is
happening to the money that they are receiving from the migrant workers and
their employers? Is the government going to continue to leave the fate of
those who are in PJTKI shelter up to the PJTKI? Ironically, in respect of the shelter provided for the migrant
workers, many PJTKI are saying that they are suffering financial losses as a
result. This is because they had estimated that the migrant workers would
only need the accommodation for around 8 days. Yet many have been there for
more than a month. This is why the standard of serviced provided by the PJTKI
has in fact been decreasing and become more and more inhumane. Poverty has become a business.
Humanitarian issues are countered with matters of ‘profit and loss.’ The
government also wants to return the migrant workers back to their
villages. Since the beginning of
September, four ships had been made available. The problem is that so many of
the migrant workers don’t want to return home. And the Indonesian Government
has stated that they will only provide assistance to the IDPs for the next
three months, until the end of this year. SIPHONING OFF AID
Beside
stimulating government action, the media coverage of the Nunukan Tragedy has
resulted in a flow of aid from other sources. A number of changes have taken
place, yet in general conditions as still of great concern. A number of
migrant workers admit that they only eat salt fish twice a day. “It’s not
true that we eat three good meals a day. You reporters can see what we are
eating,” said Selle, 45, a migrant worker from Sidrap, South Sulawesi, who
has been in the fish market ‘camp’ for a month (Kompas Cyber Media, September 2002). Since
the visit by Vice-President Hamzah Haz, aid for the migrant workers in Nunukan
has been received from a number of sources, reaching a total of Rp. 8
billion. This aid was distributed to the coordination posts in the various
locations. The lack of real change in
the conditions of the IDPs notwithstanding the distribution of large sums
raised questions. The coordinator of Government Watch (Gowa), Farid Faqih,
has stated that aid money from central government for the IDPs has been
siphoned off by certain parties.
According to an investigation by Gowa, one out of four trucks carrying
provisions from the Department for Housing and Regional Infrastructure did
not reach Nunukan. Then, out of 360 tons of rice provided by the Social
Department, only 120 tons made it to Nunukan. And 60 cubic metres of timber also never arrived in Nunukan.
Gowa estimates that around Rp. 900 million has gone missing in total. Gowa
says that there a strong indications that funding and goods have been
siphoned off, because in the report of the Head of a TKI Operational Unit, Kasmir Foret, made
to the East Kalimantan Governor on 9 September, all the assistance promised
had been received. Gowa also checked with the documentation from the port
that indicates that all of the aid was loaded onto the ship. “But the timber
never made it to the Nunukan Department of Works,” stated Farid (Kompas Cyber Media, 8 September 2002). A team
from the JRK in Nunukan has investigated allegations of corruption against
the Nunukan local government in connection with the construction of 100
barracks to accommodate the migrant workers from Malaysia. Out of a 100
barracks, only 77 have been built. Construction is being handled by three
developers, namely CV Bilal Jaya, CV Sie Jaya and CV Fadel. According to
information provided by the companies, the real cost of building the barracks
in between Rp. 8 and Rp. 10 million per unit. But according to the results of
the JRK investigation, the Nunukan local government estimated a cost of Rp.
25 million per unit. Also, water and sanitation units as well as four water
trucks, have yet to be provided. To date only two trucks without facilities
have been provided (Kompas Cyber Media,
17 September 2002). The
government has allocated Rp. 6.7 billion to provide accommodation and
facilities to the migrant workers in Nunukan, taken from the Department of
Housing and Regional Infrastructure budget.
According to the JRK investigation, similar corruption practices have
been taking place in the Nunukan Immigration Office. Although the cost of
processing a passport is advertised as being Rp. 115,000 in practice it is
costing the migrant worker around Rp. 1.2 million to get a passport. “ The
tragedy is that not one of the migrant workers is considering returning to
his or her home village, because in the dry season, there is not much that
they can do there,” said Najib, spokesperson for the JRK team. Najib added
that health care is also not free, and that the Puskesmas is charging
patients with the excuse that they need money for medicine. “Their excuse is,
how else would be get medicine? Even though medicine provided by the local
and central government is sufficient,” he said. The
Coordinating Minister for Health, Jusuf Kalla’s statement that the wave of
migrant workers to Nunukan has brought its own benefits to the local
inhabitants is also rejected by the JRK. According to Najib, only those who
work for the PJTKI, building contractors, local government officials and
foreign currency speculators and passport agents and some traders who are
really benefiting in any real way. “So, only around 25% of the local populace
have benefited from this situation. The rest, 75% are civil servants whose
meagre wages are also being put to the test by the rising prices,” said
Najib. AKUI- Aksi Kemanusiaan untuk Indonesia Humanitarian Action For Indonesia Postbank : 741548 Kvk. 3410743 Address: Indonesia House Jacob van Lennepkade 255, 1054 ZS Amsterdam, Tel.: 020-7774949,
Fax: 020-7774948 E-mail : akui@xs4all.nl Stichting TitanE |