The Ministry of Manpower with support from the Safe and Fair Programme and the Migrant Workers Network (JBM) recently launched three important gender responsiveness guidelines and procedures on 30 March. These three instruments are part of Indonesia’s commitment to better protect its migrant workers in all cycles of migration.

Officially launched by the Ida Fauziyah, Minister of Manpower, the three instruments consist of the Technical Guideline on Gender-Responsive Service and Protection for Indonesian Migrant Workers, the Standard Operational Procedure (SOP) for Private Placement Agency (P3MI) and the SOP for Technical Education and Vocational Training Centre (TVET/BLKLN) for Overseas on Services and Protection for Indonesian migrant workers in the New Adaptive.

The Technical Guideline is the realization of the mandate of Migrant Workers Law No. 18/2017. Meanwhile, the two SOPs have been integrated under the Manpower Ministerial Decree No. 294/2020 and the Director General Decree No. 3782/PK.02.01/IX/2021.

Minister Ida hoped that the gender-responsive guideline and the SOPs could provide gender equality, equity and justice for all migrant workers, both men and women. She also hoped that the three guideline and SOPs could effectively implemented and institutionalized by relevant institutions of governments, labour attaches, private placement agencies, training centres, trade unions, NGOs and so forth.

“The Guideline and SOPs can provide protection, need fulfilment and case-handling that are responsive to different needs from various existing gender groups. Women migrant workers have positively contributed to social and economic development; yet they are also very vulnerable to exploitation and harassment as well as labour right violence,” stated Minister Ida.

Michiko Miyamoto, Country Director of the ILO in Indonesia, applauded the commitment of Indonesian government in providing better protection and recognition of its migrant workers’ labour rights, particularly women migrant workers. “It is important for the service providers to have adequate capacity and commitment in ensuring the protection of labour and human rights, the application of occupational safety and health (OSH), safe provision of training and accommodation free from COVID-19, violence and exploitation. Thus, the promotion and protection of migrant workers’ rights at all stages are crucial,” she emphasized.

Three crucial instruments to better protect migrant workers

The Technical Guideline consists of four guideline services: gender-responsive government’s services at pre-departure level, services during employment by labour attache, code of conduct for private companies and gender-responsive programme by trade unions and NGOs deal with migrant worker issue.

Meanwhile the SOPs aim to provide minimum standards on risk mitigation measures by governmental and private service providers in order to ensure safe migrant workers’ placement and protection in the new adaptive era during the pandemic.

The SOPs provide minimum standards on the implementation of health protocol, principles of OSH and services to mitigate the risks of trafficking in person, violence and harassment and other labour rights violence that might be occurring during the placement process in the new normal era. The SOPs also emphasize complaint mechanism and referral that focus on survivors’ centred approach and human-right based case prevention and handling.

Savitri Wisnuwardhani, National Secretary of JBM, added that the guideline was developed based on inclusive and participatory research process involving various stakeholders from governments at national, regional and village levels, trade unions, village leaders and society, institutions deal with migrant workers issue and so forth. “We have 255 people in the development process. Yet, the most important thing is that we really listen the voices and aspirations of women migrant workers,” she said.

Sinthia Harkrisnowo, the ILO’s programme coordinator of the ILO-UN Women Safe and Fair programme, added that the responsive-gender guideline and SOPs were in line with the mandate of Safe and Fair Programme: Realizing women migrant workers’ rights and opportunities in the ASEAN.

“The join programme is part of the EU-UN Spotlight Initiative aimed to eliminate violence against women and girls and to ensure safe and fair labour migration in the ASEAN region, including Indonesia. We continue to support the efforts taken by the Indonesian government and other relevant partners to realize safe and fair migration for all,” she concluded.