Since 2000, over nine million Indonesians have sought work abroad, with an annual average exceeding 400,000. On International Migrant’s Day, the contributions of these workers are acknowledged, particularly the personal remittances totaling $9.96 billion in 2022. However, significant challenges remain, particularly concerning the rights and protections afforded to Indonesian migrant workers in sea-based sectors, such as fishing and seafaring.
Currently, Law No. 18 of 2017, which outlines the protections for Indonesian migrant workers, is under scrutiny in the Constitutional Court for its inclusion of “seafarers” and “fishers” as subject to the same protections. While this legal battle unfolds, it is crucial to emphasize that those working on foreign-flagged vessels deserve the same rights as other migrant workers. Their unique working environment should not reduce their legal protections.
The reality for many Indonesian fishers and seafarers is grim. Often working on non-Indonesian vessels for long periods without adequate oversight, these individuals navigate complex legal landscapes. Issues arise regarding the responsibility of flag states, which are expected to ensure proper living and working conditions, but often fail, particularly for non-citizen workers. A substantial number of Indonesian fishers end up in situations characterized as forced labor.
Economic conditions in Indonesia exacerbate this issue. With one of the highest unemployment rates in the ASEAN region, many individuals resort to seeking work abroad, despite high recruitment costs—often exceeding $630, which leads many into debt. Workers on Chinese or Taiwanese flagged vessels face grueling schedules of working nearly seven days a week, often more than 100 hours, with many reporting wages that do not match recruitment promises.
Recognizing these issues, Indonesia, as the Chair of ASEAN in 2023, has helped initiate protective measures for migrant workers. The ASEAN Declaration on the Placement and Protection of Migrant Fishers, adopted at the 42nd ASEAN Summit in May 2023, stresses the need for ethical recruitment and improved protections for this vulnerable group. Fishing is considered a hazardous occupation, further amplifying the vulnerabilities faced by migrant workers in that sector.
Moving forward, Indonesia must enforce robust regulations for recruitment and manning agencies to prevent forced labor. The government should ensure accountability throughout the recruitment process and develop complaint mechanisms accessible to migrant workers. All stakeholders—including the Ministry of Manpower and the Indonesian Migrant Worker Protection Agency—have a collective responsibility to enhance the protection of migrant workers, particularly in sea-based roles.
Ultimately, fair recruitment practices must be prioritized to safeguard the rights of migrant workers at sea, ensuring they receive protections equivalent to their counterparts in other industries. This obligation falls under a broader mandate for the government to uphold and protect the rights of these workers, creating a secure and just working environment for all Indonesians employed abroad.
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