BURMESE SEAFARER ALLEGEDLY TRAFFICKED TO INDONESIA

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000587

SIPDIS

SIPDIS

DEPT FOR EAP/MTS, EAP/MLS, DRL/IL, DRL/PHD, G/TIP
DOL FOR ILAB:BSASSER
NSC FOR EPHU

E.O. 12958: DECL: 03/20/2018
TAGS: PGOV ELAB PHUM ID BM
SUBJECT: BURMESE SEAFARER ALLEGEDLY TRAFFICKED TO INDONESIA

REF: A. JAKARTA 491

B. (07) JAKARTA 3257

Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d).


1. (C) SUMMARY: A Burmese seafarer allegedly trafficked to
Indonesia to work for low wages aboard an Indonesian oil
tanker is struggling with the company to regain his passport
and withheld wages. The apparent victim, Kyaw Htin, is an
experienced chief engineer. The Burmese Embassy has refused
to help him. An Indonesian labor union is trying to, but the
company is not cooperating. There are indications that other
Burmese seafarers may be in similar circumstances in
Indonesia. Mission will continue to monitor the case and
help where possible. END SUMMARY.

A STRANDED SEAFARER


2. (C) Kyaw Htin, a Burmese national and chief ship's
engineer by profession, has been stranded in Jakarta since
January struggling with his employer to regain his passport
and to be paid withheld wages. Labatt met March 18 with
Htin, accompanied by Hanafi Rustandi, president of the
Indonesian Seafarers Union, an affiliate of the International
Transport Workers Federation (ITF).


3. (C) Htin stated that a Sri Lankan recruiter for the
Indonesian shipping company Bumi Laut recruited Htin in
Rangoon in 2006, promising a salary of approximately $3,000 a
month plus travel expenses. He was flown to Jakarta in
December 2006 on a one-year contract to serve as chief
engineer on an oil tanker plying between Ambon in eastern
Indonesia and Jakarta. The company, however, arranged a
tourist visa for him instead of the correct work visa, and
furthermore paid provided him a salary of only $1,200 a
month. After his contract ended in December 2006, the
company furthermore withheld nearly $ 5,000 in back salary,
"lost" his passport and refused to pay his transport home,
Htin explained to Labatt.


4. (C) Bumi Laut has been pressuring Htin to continue
working for wages which are a third of what Indonesian chief
engineers demand, and also thousands of dollars lower than
what Htin, age 41, can earn on other ships. Hanafi Rustandi
explained to Labatt that chief engineers are in short supply
worldwide and that none would work for the low wages being
paid Htin. Hanafi believes Bumi Laut is withholding Htin's
salary and passport in order to keep Htin trapped into
working for slave wages. Hanafi cites 42 other Burmese now
working on seven Bumi Laut vessels who he believes are all
underpaid, in addition to many Indonesian seafarers who are
also being paid far below the minimum legal wage.

ASSISTANCE FROM INDONESIAN LABOR UNION


5. (C) Bumi Laut operates Panamanian-flagged ships under
contract with the national oil company Pertamina, Hanafi
said, adding that Bumi Laut is owned by Jaka Aryadipa
Singgih, a member of Parliament with the Indonesian
Democratic Party of Struggle (PDI-P). ITC sent a letter to
President Yudhoyono on March 7 pleading that Htin be paid and
his passport returned, and Hanafi has assisted Htin in taking
the story to the media. Major newspapers have published a
half-dozen reports detailing Htin's plight. Bumi Laut
attorneys have publicly denied Htin's allegations, according
to the March 8 Jakarta Post.


6. (C) Hanafi also helped Htin contact the Indonesian
National Police (INP). An officer accompanied Htin to Bumi
Laut offices in order to retrieve his passport but company
officials told police it was lost, Hanafi said. Htin then
went to the Burmese Embassy, where a diplomat told him, "Why
are you coming here and making trouble for us? We cannot
help you," Htin told Labatt. The Embassy subsequently agreed
to issue him a new passport in a month's time if Bumi Laut
could produce a letter stating his passport was lost.


7. (C) ITC began paying for Htin's living expenses on March

JAKARTA 00000587 002 OF 002


19, so that he is not dependent on the company while he
continues to pursue his case. The company has threatened
that if Htin goes to the media or police again that he will
"lose everything." Labatt told Htin and Hanafi that if they
are not able to make any progress in the next few days that
he could help refer the case to the INP's national
anti-trafficking task force which has made arrests in other
cases of foreign nationals trafficked to Indonesia.

AN UNUSUAL CASE


8. (C) This is an unusual case in Indonesia of alleged
trafficking of highly skilled, well-paid labor, seldom seen,
according to Jamie Davis, Country Program Director for
Solidarity Center (overseas office of AFL-CIO). The case
might be part of a wider trafficking operation exploiting
Burmese seafarers who are especially vulnerable because of
lack of protection by the Burmese government, though it is
not yet clear. Mission will continue to monitor the case and
assist however possible. Htin seems to be in very good
hands: Hanafi is a tough labor operative who risked
traveling to Iran in October 2007 to fight for the rights of
imprisoned activists and who has organized labor protests
outside of the Iranian Embassy in Jakarta on the same matter
(see reftels).
HUME