DECEMBER 17 — The theme for International Migrants Day 2023 is “Honouring the contributions of migrants and respecting their rights”, which was chosen to raise awareness of the issue of exploitation and to highlight migrants’ positive contributions to societies.
At present, there are approximately 2.2 million documented migrant workers in Malaysia. There are approximately 1.2 to 3.5 million undocumented or irregular migrants in Malaysia. [1]
Migrant workers contribute immensely to the national economy. Migrant workers are vital to key sectors of the economy including construction, agriculture, domestic work, manufacturing and services. Most of the migrant workers are involved in low skilled or semi-skilled jobs. Migrant workers are estimated to represent 15.4 per cent of the Malaysian workforce.
Without migrant workers, key sectors of our national economy would be in dire straits.
Migrants in Malaysia face many challenges including limited access to essential services including healthcare, xenophobia, job security, poor working conditions.
The recent incidents of migrant workers left stranded and without work exposes the shortcomings in the current policies and procedures pertaining to the recruitment and employment of migrant workers in Malaysia.
The incidents relating to forced labour, non-compliance with labour laws and non-compliance with occupational safety and health measures in relation to migrant workers are issues that need to be addressed on an urgent and proactive basis by the relevant government ministries and agencies.
Hakam states that a comprehensive and holistic policy framework needs to be implemented in the management of migrant workers in Malaysia.
Hakam commends the government for embarking on several reforms in recent years including the extension of the SOCSO to migrant workers; the implementation of the Minimum Standard of Housing, Accommodations and Amenities Act 1990 [Act 446]; National Action Plan on Forced Labour [NAPFL]; the Recalibration Programme for undocumented workers.
Hakam welcomes the declassification of the Report of the Independent Committee on the Management of Foreign Workers [Independent Committee] [on 13 October 2023] which had been withheld from 2019.
Hakam calls upon the Government of Malaysia to implement the Recommendations of the Independent Committee inter-alia: -
(1) That the Ministry of Human Resources be appointed the single authority for formulating and implementing the National Foreign Workers Management System.
(2) Accede to all applicable international instruments e.g UN and ILO Conventions on Migrant workers, UN Refugee Convention of 1951, ILO Protocol on Forced Labour; Global Compact on Migration.
(3) Develop a comprehensive Recruitment Policy — which includes a single online system; the government to handle the operation and functions pertaining to recruitment.
(4) That social protection policies should be same between Migrant and Malaysian workers.
(5) That a comprehensive regularisation programme be implemented for undocumented workers.
(6) Stateless persons, refugees and asylum seekers be given the right to work.
(7) That a Migrant Workers complaints mechanism be established and that migrant workers have meaningful access to justice.
Hakam states that the implementation of the Recommendation of the Independent Committee will contribute to respecting and upholding the rights of migrant workers in Malaysia.
Hakam reiterates its call for the Government of Malaysia to: -
(1) accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, adopted by the United Nations General Assembly on 18 December 1990 which recognises and guarantees respect for the dignity and rights of all migrants, regardless of their national origin or immigration status;
(2) adopt the Domestic Worker’s Convention 2011 (C189) and enact a National Domestic Workers Act to recognise domestic workers as workers and provide them with a fundamental workers’ rights.
(3) adopt the Violence and Harassment Convention, 2019 (C190) to protect all individuals in the world of work;
(4) implement provisions of the Asean Declaration on the Protection and Promotion of the Rights of Migrant Workers and the Asean Consensus on the Protection and Promotion of the Rights of Migrant Workers as well as the recommendations from the Asean Forum on Migrant Labour conferences; and
(5) adhere to the principles in the Global Compact for Safe, Orderly and Regular Migration wherein Malaysia is a signatory.
Hakam calls upon all Malaysians to honour the contributions of migrants and respect their rights.
Issued on behalf of the Hakam Executive Committee
Datuk Seri M. Ramachelvam
President,
National Human Rights Society (Hakam)
[1] Source – International Organisation of Migration (IOM), UN Migration.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
