A Fair Deal for Migrant Workers
By: Alex (Laman M@RHAEN)
Malaysia had deported 385,000-odd illegal foreign workers who left the country under the amnesty, the bulk of whom were Indonesians, less than 10% had since returned through the one-roof-centers set up by the Immigration Department in various places in Indonesia.The detention centers managed by the Malaysia Prison department had since the over crowded with more than 56,000 prisoners and undocumented foreign workers.
The good, the bad and the ugly were trapped under the same prison rooms that cost the country a big amount of tax payers’ money; besides it is also creating the opportunities to career criminals to recruit their down lines in the midst of the miscarriage of justice in Malaysia.
Recent public surveys conducted by China Press on the 21,909 people had indicated that the crimes and safety of the community has not reduced as a result of the immigration sweeping. 19,793 (90.34% ) respondents disagree that Immigration officers operation helped to reduce the crimes.
The Survey on whether the employers would choose to hire the illegal because of too many terms and conditions imposed by Malaysia Immigration department. 3,622 people (56.54%) of 6402 respondents will take the risks to hire illegal.
These two public opinions convey to us that:
a. Undocumented foreign workers are pure economic migrant who genuinely seek employment.
b. The Malaysia Immigration department need to revamp its foreign workers policies.
c. Possible rampant corruption within the “ Task force unit” and the “enforcement unit” at the immigration department which need thorough investigation
In The latest development on the Arbitration over a wage dispute between 90 undocumented Indonesian workers and a local construction company at the Selangor Labour Department is expected to carry a very significant impact on Malaysia Labor Rights Record.
Selangor Labor department should not try find the easy way out to avoid the basic rights of the workers despite of their immigration status.
The issue of the legal status of the working class should not be the essence of the case as long as the employers acknowledge the had employed these workers to work at the Damansara Damai Worksite. All work done by the workers needed to be paid accordingly. The Selangor Labor department must deliver justice.
On the enforcement Immigration Law, The Selangor Immigration enforcement unit needed to be monitors very closely for their track of record of “Selective Enforcement” practices where only small companies were caught and fine for the immigration laws violation.
There were many high profile exposures in many international media including BBC and Asia News Networks on Damansara Damai incidents, but, not a single undocumented workers were arrested from the construction sites nor the employers been held for the charges.
The Immigration task force units of Selangor should deserve a chance to make public their enforcement activities reports against the big developers who harbored the undocumented foreign workers in their jurisdiction regions.
In the “Operasi Tegas” Damansara Damai, Damansara Perdana, Puchong, Ceras and Bukit Jalil worksite were seemed to be immuned to any possible punishment of law.
As part of the Interdependent international community, Malaysia Government should also be more consistent in its human resources and immigration policies by adopting the followings:
a. Revising the current sub-contracting system in the construction and plantation industries.
b. Supervising of recruitment and contracting employers for migrant workers in accordance with ILO conventions and recommendations, with the provision of clear and enforceable contracts by the host country.
c. Preventing abusive practices, migrant smuggling and trafficking in persons, protecting their human rights and preventing and combating irregular labor migration.
d. Addressing the specific risks for all migrant workers - men and women - in certain occupations and sectors with particular emphasis on dirty, demeaning and dangerous jobs, and on women in domestic service and the informal economy.
e. Improving labor inspection and creation of channels for migrant workers to lodge complaints and seek remedy without intimidation.
EVERY Malaysian knows that corruption has gone from bad to worse. Abdullah Administration should be reminded of what Martin Luther King Jr once said: "Our lives begin to end the day we become silent about things that matter."
It is time for more actions, less rhetoric , and less empty promises. We have to fully support Prime Minister to push the anti corruption agenda aggressively and fruitfully on Immigration Department.
Alex - 28.05.2005 (M@RHAEN - Emel: marhaen@gmail.com / reformasi@gmail.com )
