Maids MoU morally, legally binding, says Indonesian envoy

 

Hermono said the fact that the top leaders of both the countries witnessed the signing showed their commitment to enforce the provisions in the MoU. (Secretariat President pic)

PETALING JAYA: The memorandum of understanding (MoU) on the recruitment and protection of maids from Indonesia is “morally and legally” binding, says Hermono, Indonesia’s ambassador to Malaysia.

He said that it is within the jurisdiction of law enforcers in both countries to act on any breach of the MoU.

“The law enforcers in the respective countries can act if there are any violations. Here, it is the obligation of the Malaysian authorities to enforce the law,” he told FMT when asked to comment on claims by Indonesian NGOs that it will be difficult to implement the MoU as it is not legally binding.

Earlier CNA reported that Indonesian NGO Kabar Bumi, which campaigns for migrant worker rights, had claimed that the MoU is not legally binding.

“An MoU is not legally binding, so if an employer does not adhere to the articles, the employer or Malaysia won’t face problems,” its chief Karsiwen, who goes by one name, told the network.

Hermono said the MoU was drawn up and signed based on the good faith of both parties to achieve their shared objectives.

“Both the governments have a moral obligation to enforce the provisions of the MoU in accordance with the national laws and legislations. So, indirectly, it is legally binding as well.

“The presence of the top leaders of both countries during the signing demonstrated that both governments are seriously committed to implementing the provisions contained in the MoU,” he said.

The signing of the pact by the human resources ministers of Malaysia and Indonesia was witnessed by Prime Minister Ismail Sabri Yaakob and Indonesian President Jokowi Widodo.

Hermono said on its part, Indonesia has set up a monitoring group to check and act on complaints, adding that the embassy will promote a better understanding of the pact among those applying to be domestic workers here.

“This MoU is the best I have ever had with any country. I believe this is a new benchmark. But now we have to make sure it will be implemented correctly,” he said.

CNA also quoted the executive director of Jakarta-based NGO Migrant Care, Wagyu Susilo, as saying that there was a need to push the government to make the details of the pact available to the public so that they will know their rights. - FMT