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The Profile of Trafficking in Persons in the Border Area of Kalimantan Studies of the Districts of Sanggau, Sambas, Kapuas Hulu, and Nunukan

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The Profile of Trafficking in Persons in the Border Area of Kalimantan Studies of the Districts of Sanggau, Sambas, Kapuas Hulu, and Nunukan IOM RESEARCH REPORT THE PROFILE OF TRAFFICKING IN PERSONS IN THE BORDER AREA OF KALIMANTAN STUDIES OF THE DISTRICTS OF SANGGAU, SAMBAS, KAPUAS HULU, AND NUNUKAN INTERNATIONAL ORGANIZATION FOR MIGRATION 2020 DRAFTING TEAM Sri Wiyanti Eddyono, S.H., LL.M., Ph.D and Research Team from the Faculty of Law of Universitas Gadjah Mada Counter-Trafficking and Labour Migration Unit, International Organization for Migration (IOM) Indonesia PRODUCTION The International Organization for Migration (IOM) Indonesia is committed to implementing orderly and humane migration principles that benefit migrants and the public. As an intergovernmental organization, IOM Indonesia collaborated with the Government of Indonesia through Ministry of Women Empowerment and Child Protection, Board for the Protection of Indonesian Migrant Workers (BP2MI) and Anti-Trafficking Task Force at the national and sub-national levels produced a publication with the title of “The Profile of Trafficking in Persons in the Border Area of Kalimantan: Studies of the Districts of Sanggau, Sambas, Kapuas Hulu and Nunukan”. The production is under the a program of “Promoting an Integrated Governance Response to Combat Trafficking in Persons and other Related Crimes at Border Regions (Border-TIP)” supported by the Bureau of International Narcotics and Law Enforcement Affairs (INL-US Department of States), the Government of the United States. This publication is developed through consultation with various government and non-government institutions. The content of this document is entirely the responsibility of the team of authors and does not reflect the views of the INL-US Department of States. Publisher : International Organization for Migration (IOM) Indonesia Sampoerna Strategic Square Building North Tower 12 A Jalan Jenderal Sudirman Kav. 45 – 46, Jakarta 12930 Tel : +62 21 5795 1275 Fax : +62 21 5795 1274 Email : [email protected] Website : https://indonesia.iom.int/ Editor : Counter-Trafficking Unit IOM Indonesia Layout : PT Aksara Buana Printing : PT Aksara Buana Cover : Lutfi Ramadhan This publication was issued without formal editing by IOM and without official translation by TRS Unit. This is an unofficial translation of the original version in Bahasa Indonesia. © 2020 International Organization for Migration Copyright is protected by law. Issuing part(s) of this publication, storing, or transferring it in any form of method, electronically, mechanically, duplicating or re-writing the written consent from the author, is strictly prohibited. RESEARCH REPORT THE PROFILE OF TRAFFICKING IN PERSONS IN THE BORDER AREA OF KALIMANTAN STUDIES OF THE DISTRICTS OF SANGGAU, SAMBAS, KAPUAS HULU, AND NUNUKAN INTERNATIONAL ORGANIZATION FOR MIGRATION 2020 Chapter 1 : Introduction ii FOREWORD International Organization for Migration (IOM) in Indonesia he Trafficking in Persons (TIP) Report issued by the U.S. State Department’s Office in 2018 explained that Indonesia was the country of origin of trafficking victims, where most victims Twere trafficked abroad. In the same year, the annual report of theIndonesian Anti-Trafficking Task Force, also noted that the majority of Indonesian migrant workers were employed and exploited abroad, with the most cases occurring in the Middle East and Malaysia. The high number of trafficking cases of Indonesians in Malaysia is motivated by geographical and cultural factors, as well as the intense flow of population mobility from Indonesia to Malaysia and vice versa, for leisure, family visit, and labor migration. According tothe data collected from the Board of Protection of Indonesian Migrant Workers (BP2MI), there were more than 7,000 migrant workers stationed in Malaysia within the period of 2017- 2019. Geographical location, cultural proximity and the high needs of the labor market in Malaysia are interrelated factors which drive the situation described above. Geographically, Indonesia and Malaysia are only limited by a strait. Some parts of the countries even share the same island of Borneo (Kalimantan in Indonesian) andare only separated by land borders, which are located in Sanggau, Sambas, Kapuas Hulu, and Nunukan Districts. For a long time, the four districts have been known as the entry and exit points for the flow of goods and people to and from Malaysia. In early 2000, NunukanDistrict became an entry point for hundreds of thousands of Indonesian citizens who were forcibly repatriated by the Malaysian government because of their immigration status; such as working without valid working documents. This condition has a tremendous impact on Indonesia, including showcasing the practice of various labor violations and potential trafficking in persons (TIP) experienced by migrant workers. Seventeen years have passed from what became widely known as the bloody tragedy of Nunukan. Various improvements have been made by the government of the Republic of Indonesia, however irregular migration flows that can potentially lead toTIP, are still commonly found in various border areas. On the other hand, the development of infrastructure and massive land clearing of oil palm in most areas of Kalimantan requiring workers from areas outside Kalimantan which also makes these regions vulnerable to the dangers of TIP. To get an adequate picture of the situation of trafficking in persons in border areas, particularly West Kalimantan and North Kalimantan, the International Organization for Migration (IOM) worked with the Ministry of Women’s Empowerment and Child Protection (KPPPA) and the BP2MI and with support from The Bureau of International Narcotics and Law Enforcement Affairs (INL) of the United States Government, conducted a study of the situation of trafficking in people in the four border regions. The Profile of Trafficking in Persons in the Border Area of Kalimantan iii This study reveals the types and characteristics of TIP in the four border regions. The study also map-out the responses and available resources in the four regions to tackle TIP,the challenges and best practices in the prosecution of the cases and handling victims of TIP. The research also provides several notes and recommendations tostrengthen the integrated responses in handling and prosecuteTIP cases in the border areas. IOM would like to express its utmost appreciation to Ms. Destri Handayani as the Assistant Deputy for the Protection of Women’s Rights from Trafficking in Persons, the Ministry of Women’s Empowerment and Child Protection, and Mr. Anjar Prihartanto as the Deputy for the Protection Department of the Board for Protection of Indonesian Migrant Worker, who tirelesslyaccompanied the preparation of this research report. IOM also wishes to thank Sri Wiyanti Eddyono S.H., LL.M., Ph.D. and fellow researchers from the Faculty of Law, Universitas Gadjah Mada who have assisted IOM in the process of preparing reports and recommendations for the results of this study. In addition, IOMthanks the Local Governments in the four border areas; Sanggau, Sambas, Kapuas Hulu and Nunukan, who provided information and inputs during the process of compiling the results of the study and validating the results of the study. Last but not least,I would also like to extend my biggest appreciation tothe IOM Counter Trafficking and Labor Migration team; Among Resi, Raden Sancaya and Felicia Clarissa, without them this research report would not be able to be presented. IOM hopes that this research report can contribute to the efforts of the Government of Republic of Indonesia in the development of TIP policies and countermeasures programs at both national and regional levels. Furthermore, IOM also wishes that this report can be useful for all stakeholders and the wider communities who have an interest in the issue of TIP in Indonesia. Enjoy. Jakarta, 16 March 2020 Chief of Mission of IOM in Indonesia Louis Hoffmann Chapter 1 : Introduction iv The Profile of Trafficking in Persons in the Border Area of Kalimantan FOREWORD The Ministry of Women’s Empowerment and Child Protection of The Republic of Indonesia raise be to God Almighty for His grace and guidance so that “The Profile of Trafficking in Persons in the Border Area of Kalimantan: Studies of the Districts of Sanggau, Sambas, Kapuas PHulu and Nunukan” could be completed. This profile is successfully developed through a good cooperation among various partners, namely the International Organization for Migration (IOM) in collaboration with the Ministry of Women’s Empowerment and Child Protection (Kemen PPPA) and the Board for the Protection of Indonesian Migrant Workers (BP2MI) and with the support of the Narcotics Affairs Agency International and Law Enforcement (INL-US Department of States), the Government of the United States. In the context of Trafficking in Persons (TIP), there are common terms of “origin area” which means the area where the victims come from and “transit area” which means the area where the victims are harbored or detained while waiting to be transported to another area or country of destination. Each district in the border in Kalimantan has a unique pattern of cross-border migration and TIP cases: Nunukan District and Sanggau District are transit area, whereas Sambas District rather becomes an origin area of Indonesian Migrant Workers than be a transit point. Kapuas Hulu District, on the other hand, which was previously known as a transit area, now has also become origin area and destination area. This profile is published as an effort to have a real picture of the situation of TIP in the border area in Kalimantan as
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