<br><br>---------- Forwarded message ----------<br><span class="gmail_quote">From: <b class="gmail_sendername">sinapan samydorai</b> <<a href="mailto:samysd@pacific.net.sg">samysd@pacific.net.sg</a>><br>Date: Dec 8, 2006 2:22 PM
<br>Subject: MTUC-ILO Follow up Workshop on Migrant Workers in Malaysia<br>To: <br><br></span>MTUC-ILO Follow up Workshop on Migrant Workers in Malaysia<br>4-6 December 2006<br><br>Opening Remarks: by Syed Shahir, President MTUC
<br><br>MIGRANT SPEECH 4/12/2006<br><br>Malaysia is a multi-ethnic, multi-cultural and multi-religious<br>country, on the verge of achieving developed nation status.<br>Malaysian people are a caring people concerned about justice and
<br>human rights.<br><br>Today, there are about 1.8 million registered (or documented)<br>migrant workers in Malaysia. 15 countries now supply workers in<br>various employment sectors in Malaysia with the largest number<br>
coming from Indonesia (1.2 million) followed by Nepal which<br>provides 170,000 workers. Other sending countries include India,<br>Sri Lanka, Bangladesh, Pakistan, Burma, Thailand, Vietnam, Timor<br>Leste and the Philippines
<br><br>According to government estimates, there is an equivalent number of<br>unregistered (or undocumented) migrant workers in Malaysia, and<br>today that means at least 1.8 million undocumented workers. The<br>actual figure of unregistered (or undocumented) migrant workers in
<br>Malaysia could be about 5 million. This estimate is supported by<br>the fact that official entry-exit records in 2004 showed that there<br>were about 5,852,997 persons or 38% of the total arrivals<br>overstaying. In fact, recently our Home Affairs Minister Datuk Seri
<br>Radzi Sheikh Ahmad was reported saying that 800 to 900 foreign<br>workers arrive at the KL International Airport daily(Star,14/10/06),<br>and that did not include entry through land and sea. Undocumented<br>migrants can enter Malaysia so much more easily by sea and land,
<br>avoiding immigration and customs authorities and that is, I believe,<br>the manner of entry employed by the majority of undocumented<br>migrants.<br><br>Malaysian labour force for the 3rd quarter of 2005 according to the
<br>Malaysian Department of Statistics was 10,498,600 and that means<br>that number of migrant workers (both documented and undocumented) is<br>about 30% to 50% of the total Malaysian labour force. This fact of<br>the growing number of migrant workers in Malaysia also tally with
<br>the figures of persons in the Malaysian prisons, where it was<br>disclosed that 25% of the prison community were foreigners in 2003,<br>and in 2004 it was stated that the number of foreigners exceed the<br>number of local Malaysian in prisons. A recent AFP report in
<br>October 2006 reiterated that Malaysia's 10.5 million strong labour<br>force is made up of 2.6 million foreign workers.<br><br>We cannot deny the fact that in the past 3 decades migrant workers,<br>both documented and undocumented, have contributed significantly to
<br>the economy of this nation.<br><br>MIGRANTS AND THEIR RIGHTS UNDER MALAYSIAN LAW<br><br>In Malaysia, we do not discriminate. We guarantee all persons<br>equality and equal protection of the law. Article 8 of the Federal
<br>Constitution of Malaysia provides that "All Persons are equal before<br>the law and is entitled to equal protection of the law" and by the<br>use of term "person" as opposed to 'citizen' makes it most clear<br>that this guarantee of rights extends also to all persons, including
<br>migrant workers, be they documented or undocumented, and also<br>refugees. Under our Trade Union Act, migrant workers have the right<br>to unionize and also be members of existing unions and this is<br>very important to enable all workers, including Malaysian workers,
<br>the ability to ensure greater protection and advancement of worker<br>rights, Migrant workers in law have access to the Labour Court and<br>the Industrial Courts just like any local worker.<br><br>The problem is that when Migrants come to the country, their very
<br>presence and their ability to work legally is linked to a work<br>permit, which stipulates a named employer. And when a migrant<br>worker, who has been victimized, wants to seek justice through the<br>Labour Court and/or the Industrial Relations Department, the usual
<br>thing that happens is that the errant employer immediately<br>terminates the work permit leaving the migrant worker in a dilemma<br>having no right to continue to be in the country, without work and<br>capacity to earn a living. This makes a mockery of the protection
<br>afforded in law, and we need to do something to remedy this state of<br>affairs. Maybe the migrant must be the person who is allowed to<br>apply for a work permit (or even apply for variation of a permit) <br>not the employer.
<br><br>NEED FOR NEW PROCEDURES TO ENSURE REAL JUSTICE FOR MIGRANT WORKERS<br><br>To overcome this problem, we should allow workers who do resort to<br>the Labour Court and/or the Industrial Court in pursuit of their<br>rights as workers against errant employers, to stay on in Malaysia
<br>until the courts can mete out justice. In some countries, like Hong<br>Kong, shelters are provided by the government for workers during<br>this period as they claim this 'constitutionally guaranteed equal<br>protection' and justice under the law.
<br><br>Maybe we should also be thinking of special tribunals for migrant<br>workers which would provide a speedy procedure so that cases of<br>non-payment or under-payment of wages and wrongful dismissal, could<br>be dealt with speedily no later than 3 months from the date of the
<br>complaint.<br><br>Better still, workers whose rights have been violated, and who has<br>filed a complaint should be allowed to work with another employer.<br><br>It is no use having good labour laws & courts with the object to
<br>ensure that no workers will be deprived of their rights AND then<br>have a situation like what we have today that makes it almost<br>impossible for the migrant worker to access and/or get justice.<br><br>Likewise, when a migrant worker makes a police report against
<br>his/her employer. The government encouraged migrant workers, like<br>domestic workers, to complain about abuses by employers and/or other<br>members of their household. When they do complain, they lose their<br>job and it is sad that the government takes the position that the
<br>migrant worker that complains will not get his /her permit varied so<br>that he/she can work with another employer until that criminal case<br>is disposed off.<br><br>Now, when a migrant worker makes a complaint about abuse, his
<br>employer when charged ONLY has to just plead not guilty and most<br>likely he/she will get away with it because the complainant migrant<br>worker by reason of not being able to work is back in his home<br>country not able to appear in court to testify against his ex-
<br>employer. We cannot allow this mockery of the criminal justice<br>system to continue.<br><br>A WORKER IS A WORKER AND HE/HER IS ENTITLED TO HIS/HER WAGES<br><br>A worker who works for an employer is entitled to his just wage, and
<br>it should not matter whether he is documented or undocumented. It<br>will be a gross injustice for an employer who benefits from the<br>sweat and labour of a worker and then be allowed to escape his<br>obligation of paying wages.
<br><br>True, the undocumented worker has broken the law concerning<br>immigration and for that he must be penalized. However, he should<br>not be deprived of the fruits of his labour and these 'errant'<br>employer should never be allowed to escape his obligations to pay
<br>wages.<br><br>Let us not forget that it is because of these bad employers who<br>employ undocumented workers that many come over to Malaysia to work<br>without the necessary documentation.<br><br>MIGRANTS ARE HUMAN BEINGS AND SHOULD NOT BE TREATED AS STRAY DOGS
<br><br>We must also never forget that the migrant worker is a human being<br>just like you and I. Migrants are father, mother, brother, sister,<br>husband, wife, son, daughter and uncle to other human persons.<br><br>We must stop this "Catch a Migrant and Get Paid for it" policy which
<br>we have since 2005. In 2005, members of the People's Volunteer Corps<br>(Rela), an organisation of uniformed part-timers who have some<br>policing powers, were offered and did receive cash rewards for each<br>migrant arrested as an economic incentive and this was most
<br>disturbing and embarassing. It is sad that on the planned crackdown<br>next year, Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad was<br>reported to have said Rela members would be again roped in for the<br>operation(Star, 14/10/2006). Since Rela was given authority last
<br>year to nab illegal immigrants, its members had arrested about<br>19,000 foreigners.<br><br>We have the police, immigration officers and other enforcement<br>officers that are professionally trained and has the duty to enforce
<br>the law and as such the using of part-time RELA for the arrest of<br>a certain class of persons is certainly just not right and goes<br>against the guaranteed equality and equal protection of the law.<br>Further, there has been just too many complaints about the use of
<br>excessive force, causing serious injuries to foreigners from<br>Indonesia, Bangladesh and Burma in recent months.<br><br>At least three incidents since July were recently highlighted in the<br>media when suspected illegal immigrants from Indonesia, Bangladesh
<br>and Burma were beaten. Most were later discovered to have valid<br>immigration documents. It was also said that these RELA volunteers<br>also often force their way into homes without warrants, destroy<br>private property and wrongfully detain suspects. These kind of law-
<br>breaking must end. Let us not forget that we are dealing with human<br>beings here, not animals<br><br>DISCRIMINATION<br><br>If a worker is paid more because of his working experience, academic<br>or technical qualifications and/or skills then it is perfectly
<br>acceptable and just. But if a worker is discriminated on the basis<br>of his/her nationality, ethnicity and/or religious belief, this is<br>not at all acceptable. Today, migrant workers are being<br>discriminated based on their nationality despite the fact that they
<br>do the same work. Indonesians are the lowest paid whilst the<br>Filipinos are the highest paid. This must end,<br><br>Another aspect of discrimination is when undocumented workers are<br>arrested, Some are deported immediately whilst others are charged,
<br>tried,convicted and sentenced to imprisonment and sometimes<br>whipping. Either all are charged in court or all are immediately<br>deported. This is yet another discrimination that has to be stopped.<br><br>Foreign Domestic Workers and Protection of Migrants
<br><br>Our employment laws generally do not provide for protection of<br>domestic workers' rights as it does for other workers, and given the<br>fact that there are today more than 300,000 domestic workers, we<br>must enact a law for the protection of domestic workers. Today
<br>Jordan has such a law. Hong Kong also has such laws, and in Taiwan,<br>there is now a Bill before their parliament.<br><br>Given the unique differences when it comes to migrant workers, maybe<br>we too, like Singapore and some other migrant receiving countries,
<br>should also enact a new law to cover migrant workers or just maybe<br>include a section in our existing employment laws. In these laws, we<br>must also deal with the question of recruiting agents both in the<br>sending and receiving countries.
<br><br>Recently, in October 2006, a media report informed us about<br>Bangladeshi labour<br>agents who are illegally bringing workers from the Indian<br>subcontinent<br>into the country. In the said report Enforcement Director of the
<br>Immigration Department, Ishak Mohamed said that "
every worker<br>brought into the country was forced to pay upto RM18,000 to these<br>illegal agents, who go to the<br>slums and villages and lure these poor people by promising them jobs
<br>in<br>air-conditioned buildings, The poor villagers end up paying them a<br>fortune, mortgage their property and everything they own to work<br>here and then they end up slogging in<br>construction sites to pay off their debts back home
". This happens
<br>in almost all countries. I ask whether it is right for us in<br>Malaysia to further penalize these "cheated" workers.<br><br>When it comes to wages, many migrant workers do not receive any<br>money for months as their wages are all deducted to pay off their
<br>debts to agents, etc and this is not at all right. A limit must be<br>set as to amount of their monthly wages that can be deducted, and<br>this should not be more than 30% of their wages. A worker who works<br>should receive some payment every month to use it as he/she pleases
<br>including sending back of some monies to sustain their spouse,<br>children and families back home.<br><br>We need to have an education campaign, which should be initiated by<br>the government to ensure that migrant workers are made aware of
<br>their rights in law, and also about where to go and what to do to<br>complain about rights violations and to get justice. We need special<br>offices, with persons who can do translations, all over the country<br>which is easily accessible to migrant workers,
<br><br>We will soon also be having an ASEAN Charter, and we must ensure<br>that there are provisions therein that will deal with migrant and<br>migrant worker rights.<br><br>Malaysians are a caring people and we must remember that all
<br>migrants/refugees are human beings, and as human beings they have<br>human rights and worker rights and we must do all that is necessary<br>to ensure that these rights are not only acknowledged but also<br>respected. We have been paying too much attention to violation of
<br>our country's immigration laws and way too little to worker rights<br>and human rights. It is time we remedy our failings.<br><br>Thank you.<br><br><br>