Indonesian labour activists and non-governmental organisations (NGOs) are planning to bring a class action lawsuit against the Jakarta government for allegedly failing to protect the rights of nationals working abroad.

The Consortium for Indonesian Migrant Workers' Defense (Kopbumi) said on behalf of a dozen other NGOs that action would be taken to file a lawsuit in the "shortest time possible".

In a statement issued yesterday, Kopbumi also said that several "Information and Complaints Posts" would be set up at points along the border between the two countries to record complaints by Indonesian migrant workers deported from Malaysia.

The Jakarta-based organisation also called on the Indonesian government to assess the losses suffered by the migrant workers and compensate them if this was due to its own negligence.

"However, if the losses were caused by the Malaysian government, the Indonesian government should demand for compensation through international law mechanisms," said Kopbumi.

Mahathir in Bali

The labour rights organisation added that many of those who were deported from Malaysia were still owed wages by their former employers and further claimed that Malaysian authorities had confiscated money from them.

Kopbumi urged for the Indonesian government to raise these matters during the two-day meeting between Prime Minister Dr Mahathir Mohamad and Indonesian President Megawati Sukarnoputri.

Mahathir is due to arrive in Bali today for a high level meeting with his Indonesian counterpart to discuss the issue of Indonesian migrant labour in Malaysia.

After a riot at a Nilai factory last February involving Indonesian workers, the Malaysian government had banned the recruitment of Indonesian workers in all sectors except the plantation and domestic helpers sector.

Double jeopardy

Kopbumi also said logistical problems have also arisen with the mass return of large numbers of migrant workers from Malaysia to the Indonesian ports in Sumatra and Kalimantan.

"The promise made by the Indonesian government to expedite their return on warships has failed to materialise on time," it said.

In addition, Kopbumi claimed that authorities of several port cities such as Medan and Batam have refused entry to the deported labourers.

"They have already been evicted from Malaysia and now, they are refused entry to their own country," it said.

According to Kopbumi, more than 700 Indonesian nationals have been arrested since the amended Immigration Act 2002 came into force on Aug 1.

Under new provisions in the law, illegal immigrants arrested for passport violations are liable to a maximum fine of RM10,000, a five-year jail term and mandatory whipping of up to six strokes.

It is learnt that the arrested persons thus far have been sent to illegal immigrants' detention camps. None have been charged to date with any offences under Malaysian law.