Cablegate: Migrant Workers Association Protest Case Of

VZCZCXRO3802
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #1460/01 1431106
ZNR UUUUU ZZH
O 231106Z MAY 07
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4841
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHJA/AMCONSUL SURABAYA PRIORITY 1791

UNCLAS SECTION 01 OF 02 JAKARTA 001460

SIPDIS

SIPDIS

FOR EAP/RSA, G/TIP, EAP/MTS

E.O. 12958: N/A
TAGS: PHUM PGOV PREL ELAB KWMN SMIG ID
SUBJECT: MIGRANT WORKERS ASSOCIATION PROTEST CASE OF
INDONESIANS TRAFFICKED IN U.S.

REF: A. JAKARTA 1457 B. JAKARTA 1056

1. Summary. Migrant worker rights activists demonstrated in
front of the U.S. Embassy May 23 protesting Indonesian and
U.S. protection of migrant workers' rights in light of the
case of two Indonesian domestic workers recently rescued from
alleged enslavement from an affluent Long Island home.
Following the demonstration, the event's leader met with
Emboff and fully accepted our explanation about how the case
is being prosecuted and the welfare of the two women is being
protected under the Victims of Trafficking and Violence
Protection Act (TVPA). He pledged to publicize how the
victims' rights are being protected. End Summary.

2. A group of about forty members of the Indonesian Migrant
Workers Association (SBMI) demonstrated in front of the U.S.
Embassy (ref. A) and the Indonesian Foreign Ministry May 23
to express their dissatisfaction with Indonesia's protection
of migrant workers in light of the recently publicized case
of two Indonesian female domestic workers, Enung and Sumirah,
allegedly enslaved by a wealthy couple on Long Island.
According to U.S. media reports, the couple, Varsha Mahender
Sabhnani and her husband, Mahender Murlidhar Sabhnani, have
been arraigned in Eastern District Court under a federal
trafficking law for obtaining "the labor and services of
another person by use of threats of serious harm to and
physical restraint against that person." They allegedly
severely abused, underpaid and overworked two Indonesian
women over the several years they were trapped in the
family's affluent home. The couple is reportedly free on USD
3 million bail with electronic monitoring to guard against
flight.

3. The May 23 demonstration followed increasing media
attention about the case in Indonesia. Demonstrators
dramatized the trafficking, torture and arrests of the
traffickers during their 90-minute display, also issuing a
press release, entitled, "Act of Solidarity with Enung and
Sumirah: Torture Against Enung and Sumirah Proves the
(Indonesian) Nation's Weakness in Protecting Migrant
Workers." The release claimed that this case proves the U.S.
is not much different from Indonesia in protecting human
rights, citing the USD 3 million bail as proof that the "U.S.
still favors money." The release called on the U.S. to
quickly prosecute this case and to protect the women's rights
as migrant workers. The release also strongly criticized
Indonesia's protection of migrant workers.

4. The two Indonesian domestic workers, Sumirah and Enung,
were actually brought to the U.S. separately in 2002 and 2004
respectively by Indian nationals residing in Indonesia,
according to our Consular Section. Sumirah obtained a B1
visa in 2002 to travel with her employer, Mrs. Gianchandani,
the accused couple's mother. Enung received her visa in 2004
to travel with her employers, a couple, Kareena and Deepak
Kirpalani, relationship to the accused unknown.

5. Labor Officer met with SBMI Chairman Choirul Anam
following the demonstration to respond to concerns about this
case. We told Choirul that based on media reports, it
appears that federal prosecutors and the court have taken
swift action and a strong stance on this case. We explained
that the bail was set high and that bail is a common right
enjoyed by all Americans, and that with electronic monitoring
the couple would be closely watched. We said that both G/TIP
and the Embassy are very concerned about this case and
following it closely. Choirul immediately understood the
explanation and accepted that bail was not equivalent to
bribing one's way out of jail, apologizing for the
misunderstanding. We also gave him copies of the September
2005 Assessment of U.S. Government Efforts to Combat
Trafficking in Persons and the May 2007 Attorney General's
Annual Report to Congress on U.S. Government Activities to
Combat Trafficking in Persons FY-2006. We highlighted for
Choirul in some detail the extensive legal protection, victim
assistance and international support under the 2000 TVPA and
the TVRPA of 2003 and 2005. Choirul took notes and said he
would set the record straight with the media and with SBMI
partner organizations with a new release based on our
conversation. We discussed other ways we can work closely
together to protect workers from being trafficked, and the
Labor Officer said he would keep SBMI apprised of
developments in the U.S. case.

6. SBMI was formed by former migrant workers in 2006. Many
of its members are former trafficking victims, such as
Choirul, who was enslaved for a time in Saudi Arabia. SBMI
says it has branches in nine provinces and 40 cities across
Indonesia, as well as in seven countries: Malaysia, Saudi

JAKARTA 00001460 002 OF 002

Arabia, Hong Kong, Macau, Taiwan, Singapore and Brunei.

7. Choirul spoke positively of the newly formed National
Agency for the Placement and Protection of Indonesia Overseas
Workers (BNP2TKI), and its chairman, former labor activist
Jumhur Hidayat, confirming what we reported in ref B. SBMI
has been working as a partner with the agency in proactively
protecting migrant workers rights overseas and at points of
entry. Choirul also said the agency's new migrant worker
recruitment and placement system is almost in place and is
being implemented on a trial basis in two cities: Malang,
East Java and South Cianjur, West Java. The new system
follows the recommendation of SBMI, and other labor rights
organizations such as Solidarity Center, by removing job
placement agencies from the recruitment process, thus
hopefully removing one profitable motive for entrapping
workers into debt bondage. BNP2TKI will manage recruitment
directly though local offices nationwide, using local
unemployed manpower. In some cases BNP2TKI will place
workers directly overseas in Government-to-Government
agreements, Choirul said, while in other cases job placement
agencies will continue to make placements. SBMI has been
included in the entire process as a watchdog.

8. Choirul said SBMI is still pushing BNP2TKI and the
foreign ministry to renegotiate the May 2006 migrant worker
MOU with Malaysia which cedes many basis worker rights. At
SBMI's urging, BNP2TKI is aggressively negotiating better
salary and conditions for workers, and this resulted in
BNP2TKI announcing a wage hike for Indonesian workers in
Singapore from 280 to 350 Singapore dollars a month beginning
July 1, the first raise in 10 years. Jumhur Hidayat told the
media the new wage will take effect on July 1 and must be
stipulated in all work order, placement and work agreements.
The number of months' salary deducted by employment agencies
as fees for job placement in Singapore will also be reduced
from seven to five months under this new directive. (Per ref
B, we have urged Hidayat to shift all fees and costs to the
employers, thus reducing one source of debt bondage).

HEFFERN

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