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