KUALA LUMPUR, Dec 27 — The arrest of 171 migrant workers in Pengerang, Johor for allegedly overstaying is a breach of anti-trafficking law as they were instead trafficked victims of unscrupulous agents, legal rights group Lawyers for Liberty (LFL) said today.
Despite assurance from the Human Resources Ministry that it will be investigating the matter, LFL director Zaid Malek said it was appalling that the migrant workers were arrested en masse to be investigated for allegedly overstaying when they were attempting to lodge a report against their agents.
Zaid said the continued detention and investigation of the migrants under immigration law made a mockery of the country’s criminal justice system, where exploitative agents remain free whilst victims are detained and treated like criminals without due process.
“It is obvious from the available facts that the migrants have been duped and are now stranded in our country without the jobs they were promised. If they overstayed, it is by design of unscrupulous agents for exploitation.
“This would mean that the migrants here are victims of trafficking as per Section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom).
“As they are victims of trafficking, the migrants cannot be detained in immigration depots or charged for offences,” he said in a statement here.
On Monday, Johor police said the group of 171 Bangladeshi men was heading towards the Bayu Damai police station to lodge a report against their agents as they claimed they had yet to be employed after three to six months.
After their arrests, police said they were handed over to the Immigration Department for overstaying in the country under immigration law.
Zaid said the workers should have already been brought to a magistrate within 24 hours of their arrest to be given an interim protection order and be placed instead in a designated place of refuge under Section 44 of Atipsom.
Yet, there have been no reports that this process has been undertaken by the authorities, he added.
“The failure to initiate the process of obtaining a protection order for the migrants obstructs them from being recognised as trafficked persons and to be afforded immunity from criminal prosecution for overstaying as dictated by Section 25 of Atipsom,” he said.
He then urged the government to ensure the immediate release of the detained migrant workers and suspend any probe for their overstaying, including the obtaining of a protection order for the migrants.
“It would be a grave injustice for the migrants, who entered the country legally to seek legitimate employment to simply be deported back to their country of origin due to the actions of deceitful agents and the failure of the government to ensure they receive fairness and justice,” he said.
Separately, Ipoh Barat MP M Kulasegaran urged authorities to establish a task force dedicated to implementing the recommendations outlined in the past report produced by the Independent Committee on the Management of Foreign Workers.
He said a comprehensive study on the management of foreign workers had already been conducted during his tenure as human resources minister during the short lived Pakatan Harapan government led by Tun Dr Mahathir Mohamad.
In the report findings, it was explicitly stated that the Human Resources Ministry should be the sole authority responsible for handling foreign workers.
At present, the aforementioned responsibilities are shared with the Home Ministry.
“This dual responsibility is not only inefficient but also counterproductive.
“The report emphasises the need for a streamlined approach, with the Human Resources Ministry taking the lead in managing foreign worker recruitment.
“The singular authority of the Human Resources Ministry in this matter aligns with international best practices and will undoubtedly result in a more efficient, transparent, and cohesive system,” he said.
Kulasegaran, who is also deputy minister in the Prime Minister’s Department (Law and Institutional Reforms), said the establishment of a task force was crucial to ensure Malaysia aligns with global standards in managing foreign workers.
