Indonesia Finally Ratifies Maritime Labor Convention

Indonesian Version

 
Marcell Sihombing, Ady TD Achmad

 

 
The government and the House of Representatives (House) have finally agreed to ratify the Maritime Labor Convention (MLC), an International Labor Organization convention which was first established back in 2006, through the issuance of Law No. 15 of 2016 (Law 15/2016).
 
During a hearing which was held at House Commission IX few days ago, M. Hanif Dakhiri, the Minister of Employment, asserted that the ratification intends to provide greater legal protection for seafarers and maritime workers, and will specifically cover: salaries, work requirements, working hours and breaks, medical treatment, and social and healthcare security.
 
Furthermore, the ratification of the MLC should also contribute to the improvement of the country’s seafaring industry, so that it will ultimately be able compete at an international level, as well as improve coordination between the maritime sector’s various stakeholders, including ministries and government institutions.
 
“The thinking behind the adoption of the MLC is to ensure the protection of maritime-worker rights across the globe and to set out standard guidelines for all countries and ship owners regarding safe and comfortable working spaces for their maritime workers,” Minister Dakhiri asserted.
 
Commenting on this issue, Hermono, the Chief Secretary (Sekretaris Utama) of the National Agency for Indonesian Worker Placement and Protection (BNP2TKI), asserted that the government was hoping that it would soon be ready to issue a number of implementing regulations in the wake of the MLC’s ratification. Indeed, such a technical regulatory framework which encompasses various government regulations will be necessary for the successful implementation of the various provisions which are stipulated under the MLC.
 
In this context, the elucidation of Law 15/2016 also mandates that the government should draft a set of operational guidelines for ship owners, seafarers and maritime workers. Such guidelines must, at the least, specify matters which relate to worker protection, conditions and requirements, employee recruitment, placement, training and competence, as well as legal enforcement.
 
“In order to implement the MLC, it will be necessary to issue various government regulations which will serve as operational guidelines,” Mr. Hermono explained during a press conference which was held in Jakarta on Wednesday, 9 November 2016.
 
Mr. Hermono went on to clarify that to date, no effective protections had been put in place covering seafarers and maritime workers. One of the main reasons for this regrettable situation has been the lack of a definitive regulatory framework setting out the party or parties which are ultimately responsible for dealing with situations involving seafarers and maritime workers. Usually, matters which relate to Indonesian seafarers and maritime workers who are located in foreign countries fall under the authority of the Ministry of Foreign Affairs, while the BNP2TKI only has authority to act if an incident occurs within Indonesian territory.
 
“Thus, it is necessary to clearly define this particular matter and to settle once and for all which sector is responsible for the handling of matters which relate to seafarers and marine workers,” Mr. Hermono asserted.
 
Anis Hidayah, Executive Director for Migrant Care, has also addressed this issue and recently stated that the formulation of a new technical regulatory framework was essential. However, Ms. Hidayah also asserted that it was more important for the government to harmonize all of the existing regulatory frameworks governing seafarers and maritime workers with the MLC’s provisions. Ms. Hidayah also emphasized that the rights of seafarers and maritime workers must be ensured regardless.
 
“The ratification of the MLC represents a positive new step by the government as regards the harmonization of the regulatory frameworks which relate to the protection and placement of seafarers and maritime workers,” Ms. Hidayah affirmed.
 
Ms. Hidayah further pointed to the fact that, to date, Indonesia’s seafarers and maritime workers had not been able to enjoy any standardized protection framework. By way of example, Hidayah revealed that most regulations which relate to the placement of seafarers and maritime workers were originally issued by the Ministry of Transportation and the Ministry of Maritime and Fishery Affairs, and therefore do not cover labor-related provisions in any great detail.
 
“And so the question is, what about protection mechanisms? Which institution has the authority to ensure the rights of seafarers and maritime workers? These are matters of fundamental importance which need to be clarified by the government,” Ms. Hidayah concluded.
 
(rfs/sp)