Raids against undocumented migrants: response of migrant worker groups

In response to ongoing enforcement operations on undocumented migrant workers by the Malaysian Ministry of Immigration, according to a Minister of the Interior, Muhyiddin Yassin On May 31, 2018, we, the social organizations working on the rights of migrants in Malaysia are concerned about the future of migrants in the country.

The guidelines contained in the press release still fail to address the root causes of the problems and do not allow enough time for appropriate discussions and analyzes for just and holistic solutions based on the International Labor Organization conventions and basic human principles. principles of rights. These concerns also concern refugees, asylum seekers and stateless communities, who may also be detained during these new law enforcement operations.

How migrants become undocumented

Many migrants have been labeled illegal by the Malaysian government. in more human terms, "undocumented") attain this status without any fault on their part. Some of these reasons include:

a. Traffic : The history of Malaysia as a hub of human trafficking is well documented by civil society and even reflected in government data. Recent revelations of a large network of politically well-connected traffickers, as well as Malaysia's downgrading to the US Department of State Trafficking in Persons Level 2 Watch List, reinforce our fears of widespread existence. or even systemic networks of traffickers in Malaysia. We must never punish migrants who have been trafficked into Malaysia because their circumstances are out of their control. The criminalization of victims and survivors is not the solution; we should rather go after the unions and the leaders.

b. Disappointment : Agents routinely give false advice and promises regarding the process of obtaining permits and jobs in Malaysia. Some migrants have a low level of literacy, making them vulnerable to fraud and deception, and even literate migrant workers become potential victims of fraud and unfair treatment by both recruiters and employers . Recruiters promise work permits and good work contracts with decent wages and working conditions. Upon arrival, however, these workers often find that their contracts, job sites and terms and conditions of employment have been altered, but that they may also have violated Malian laws on employment. # 39; immigration. For most workers, there is little access to justice or the right to resort to mechanisms to prove fraud and deception.

c. Rehiring : The rehire process is lengthy and non-transparent, and subcontractors and re-employment sub-contractors face little accountability. It's a privatized process driven by profit motives, fraud and deception. For example, workers do not receive re-employment receipts and many agents cheat, taking their money but not providing electronic cards. There is no adequate recourse mechanism to investigate and follow these agents. While we welcome the cancellation of problematic rehireers entrepreneurs, we are concerned that workers in the process of registration may be again victims of this move.

d. Renewal : The process of renewal of the migrant work visa is just as riddled with cheating, lack of transparency and low accountability of agents and employers. Most migrants have little idea how this opaque process works. Passports are often illegally held by employers and the fact that their visas are renewed or not is beyond the control of the workers.

e. Servitude and Exploitation of Employers : The Malaysian Government 's hiring policy, which is now to be reviewed by the new government, requires the employer' s consent for workers to change jobs. ;employer. This inflexibility is particularly problematic in cases of exploitation, intimidation and physical violence where workers have no choice but to abscond and become undocumented. This is exacerbated when workers' passports have been illegally retained. This system, which resembles the widely criticized kafala system practiced in the Gulf countries, offers few options for seeking compensation for workers in this situation, especially with the threat of deportation.

f. Blacklist Amnesty : The 3 + 1 amnesty program, which lists workers on a blacklist for five years, further deters them from using the amnesty system and forces them to become undocumented.

g. Accountability : The complex commercial chains of private outsourcing companies and agents who regulate the activities of migrant workers make them largely irresponsible. Companies and agents often deny or neglect their responsibility towards their workers, and many migrant workers become undocumented due to the irresponsibility of these companies and agents.

h. Border enforcement : Documented corruption and inefficiency in border enforcement agencies aggravate the problems of migrant workers, take advantage of the activities of the border industry recruitment and provide little help or assistance when things go wrong. Recruitment Debt: Many migrant workers believe in the promises made to them in the countries of origin by agents and employers, borrowing huge sums from unions and lenders to finance the initial costs of migration. This debt bondage is exacerbated by the illegitimate substitution of contractual terms, which results in an arbitrary reduction of wages and conditions and imposes unrecognized payroll deductions, making repayment increasingly difficult. Sending people to their homes in such circumstances puts many workers at risk, and this needs to be clearly addressed.

To ensure that all issues of labor migration are treated in a way that gives dignity and respect to migrant workers, we ask for a holistic solution. on the basis of the following recommendations:

1. An immediate moratorium on raids / Ops Mega 3.0 application operations to ensure that no worker is punished for crimes that are not his fault. These raids and operations should be suspended while a holistic assessment of all issues and potential global solutions are undertaken with all stakeholders regarding the migration of manpower.

2. That the government make available its standard operating procedure for conducting searches and detaining undocumented migrant workers so that human rights and civil society organizations can guarantee the protection of fundamental rights and the guarantee of a proper procedure. regular.

To decriminalize the status of "undocumented" workers (which is an administrative offense), and recognize that becoming undocumented is primarily the result of labor exploitation. This is particularly important for vulnerable groups such as women and child migrant workers, who face additional exploitation levels, which leads them to be undocumented and to be victims of forced labor and trafficking. .

That the Committee for Institutional Reforms facilitate secure dialogue spaces between the Government of Malaysia and migrant communities and other relevant stakeholders and social actors to propose evidence-based solutions. These solutions need to rely on verified labor market data (eg, Institute for Information and Labor Market Analysis, employers' organizations and other solid economic analyzes). ) and on the fundamental principles of human rights and decent work. The participation of the International Labor Organization would be desirable in this regard.

Facilitate the overhaul and expansion of government-to-government hiring mechanisms as the primary means by which workers are recruited to Malaysia in a manner that is transparent and accountable as well as founded on evidence and rights.

More time must be given to migrant workers to process and secure their work visa status and make decisions about their work status in Malaysia. Unrealistic delays force workers to take the risk of going underground, collaborating with exploitative actors within the labor supply chain, driving crime and other activities to work. high risk.

The government should stop blacklisting migrant workers who use the 3 + 1 amnesty program, an action that only discourages its use. The program should be conducted exclusively by the Department of Immigration in order to avoid taking excessive fees on workers already in trouble and discourage excessive profits.

8. The government must ensure that all migrants have access to justice and the right to reparation, including when they are arrested and detained. This due diligence must be exercised by law enforcement agencies and the judiciary to ensure that the accused migrants have a fair trial and a chance to defend themselves. Migrants must have guaranteed access to legal aid from the National Legal Aid Foundation to achieve these goals.

Migrant workers play an important role in Malaysia's economic growth and will be needed in the years to come. The government must play a more active role in educating the Malaysian people that migrant workers are not their enemies or the cause of their own financial problems or employment.

Migrants are here because the Malaysian government, employers in the formal and informal sectors, agents have opened spaces for their work. So, how can migrants be "illegal"? Nobody is illegal. We have always been keen to discuss these issues with all relevant authorities to find the best solutions. It is a good time for the new government to take stock of the real situation and identify possible solutions before taking action.

As a result, migrant communities and civil society organizations concerned about migrants' rights request urgent meeting with the Minister of Home Affairs and the Minister of Human Resources to discuss and propose comprehensive and rights-based solutions to these and other related questions.

4 July 2018

Endorsed by:

1. Asosasyon ng mga Makabayang Manggagawang Pilipino abroad (Ammpo), Philippines / Malaysia
2. Sentro ng mga Nagkakaisa at Progresibong Manggagawa (Sentro), Philippines
3. Serantau, Indonesia / Malaysia
4 Building and Woodworkers International Asia-Pacific
5. Gefont Support Group, Nepal / Malaysia
6. Pravasi Coordinating Committee Nepal (PNCC, Nepal / Malaysia
7. Center for Migrant Rights of Myanmar (MMRC), Myanmar / Malaysia
8. Counselor Muglan-Migrants, Nepal / Malaysia
9. Serikat Buruh Migran Indonesia (SBMI), Indonesia
10. Nepalese Progressive Forum, Nepal / Malaysia
11. Tenaganita, Malaysia
12. Migrant 88
13. Campaign against Trafficking in Human Beings in Penang, Malaysia
14. Persatuan Sahabat Wanita Selangor (PSWS), Malaysia
15. Asian Women's Committee ( CAW)
16. North-South Initiative (NSI), Malaysia
17. Suara Rakyat Malaysia, Malaysia, Malaysia
18. Pusat Komas
19. Bangladesh Institute of Labor Studies, Bangladesh
20. Workers Hub For Change (WH4C), Malaysia
21. People Forum for Human Rights, Kathmandu, Nepal
22. Center for Advocacy for Migrants, Philippines ( CMA-Phils), Philippines
23. The Popular Coalition for Fisheries Justice (Kiara), Indonesia
24. SEAFish for Justice, Indonesia
25. Health Equity Initiatives ( HEI)
26. Asian Network for Social and Agricultural Development (Sansad)
27. Cambodian Farmers' Coalition (CCFC), Cambodia
28. Community Development Services (CDS), Colombo, Sri Lanka
29. Adaleh Center for Studies of Human Rights, Jordan
30. Association for Community Development (CDA), Bangladesh
31. Retreat Center, Singapore
32. Dibashram (Cultural Center for Migrant Workers), Singapore
33. Burmese Workers' Circle, Fort Wayne, Indiana, United States – United
34. Tahanang Filipino Kuala Lumpur, Malaysia
35. Institute of Educational Development, Social, Religious and Cultural Studies (Infestation) Yogyakarta, Indonesia
36. Migrant Care Indonesia
] 37. Migrant Care Malaysia
38. New Thessalonian Apostolate (NTA), Malaysia
39. PieceWorks International
40. Projek Dialog, Malaysia
41. Persian Kesedaran Komuniti Selangor (Empower), Malaysia
42. Pertubuhan Pembangunan Kebajikan Persekitaran Dan Positive Malaysia (Seed), Malaysia
43. Ayar Radanar Association, Myanmar
44. Asia Transnational Corporation Surveillance Network (ATNC)
4 5. Calcutta Workers Initiative, India
46. Asia Monitoring Resource Center (AMRC)
47. Konfederasi Serikat Nasional (KSN), Indonesia
48. Federation of Indonesian Trade Unions (GSBI), Indonesia
49. Sedane Labor Resource Center, Indonesia
50. Center for the Alliance of Labor and Human Rights. man (center), Cambodia
51. Party Sosialis Malaysia (PSM), Malaysia
52. International Federation of Domestic Workers (IDWF)
53. Federation of Textile Workers, Bangladesh
54. Australia Asia Links with workers, Australia
55. Asia Floor Wage Alliance (AFWA)
56. Serikat Buruh Kerakyatan (Serbuk), Indonesia
57. Angkatan Peduli Insan, Malaysia
58. Jaringan Rakyat Tertindas (Jersit), Malaysia
59. Seksualiti Merdeka, Malaysia
60. Arts For Grabs, Malaysia
61. Archdiocesan Office of Human Development, Kuala Lumpur, Malaysia
62. Foundation Geutanyoe
63. Bhalobashi Bangladesh, Bangladesh
64. Myanmar Ethnic Rohingya Human Rights Organization Malaysia (Merhrom), Malaysia
65. Save Rivers, Malaysia
66. Harmonyworks, Malaysia
67. Society for the Promotion of Human Rights (Proham), Malaysia
68. Justice for the Sisters, Malaysia
69. Women's Aid Organization (WAO), Malaysia
70. Party Murba, Malaysia
71. Kuliah Buku (Kubu), Malaysia
72. Smile Foundation for Education and Development, Myanmar
73. Persatuan Aliran Kesedaran Negara (Aliran), Malaysia
74. Community Transformation Initiative (CTI), Malaysia
75. Monitoring Sustainability of Globalization (MSN), Malaysia
76. Hope Organization, Malaysia
77. Advocates of non-discrimination and access to knowledge (Anak), Malaysia
78. Gusdurian Kuala Lumpur, Malaysia
79. International Planned Parenthood Federation
80. International Catholic Student Movement (IMCS) Asia-Pacific
81. Civil Rights Committee of the Palace of the Chinese Assembly of Kuala Lumpur and Selangor, Malaysia
82. Malaysia Muda, Malaysia
83. Malaysian Progressives in Australia
84. VajraLink, Malaysia
85. Union of Employees of the Electronics Industry Southern Region, Malaysia
86. Coordination of Research – Action on AIDS and Mobility (Caram)
87. GreenWatch, Dhaka, Malaysia
88. Observation of Human Trafficking, Indonesia
89. Gabungan Serikat Buruh Indonesia (GSBI), Indonesia
90. Front Perjuangan Rakyat (FPR)
91. International League for Peoples' Peoples (ILPS) Indonesia,
92. Keluarga Buruh Migran Indonesia (Kabar Bumi), Indonesia
] 93. Institute of National Studies and Democracy (India), Indonesia
94. Popular Culture, Malaysia
95. The Human Lens
96. Indonesian Migrant Muslim Alliance (GAMMI-HK), Hong Kong
97. Al Jami & Sholeha ayyatus, Hong Kong
98. Indonesian migrant workers united against extra billing, Hong Kong
99. Asosiasi BMI Progresif (ABP), Hong Kong
100. Warkop Aremania, Hong Kong
101. Association of Indonesian Migrant Workers ( ATKI-HK), Hong Kong
102. Jamaah Silahturohimi Blitar (JSB-HK), Hong Kong
103. Nurul Hidayah, Hong Kong
104. Wong Tai Sin Lentera, Hong Kong
105. Al Islami, Hong Kong
106. Indonesian Migrant Workers' Union (IMWU-HK), Hong Kong
107. Asosisi Pekerja Indonesia Timur Tengah (ASPITT), Hong Kong
108. International Islamic Society Al Istiqomah, Hong Kong
109. Indonesian Migrant Workers' Union Macao (IMWUM), Macao
110. Maidenlike and Benevolent Beringin Tetrah (BTM & B), Hong Kong
111. Orang Indonesia Merah Putih (OI-MP) , Hong Kong
112. Migrant Resource Center (MRC) Penang, M alaisie
113. Arakan Refugee Relief Committee (ARRC), Malaysia
114. Chin Refugee Alliance, Malaysia
115. Kachin Refugee Committee, Malaysia
116. Patani, Patani / Thailand
117. Tamil Nadu Land Rights Federation (TNLRF), India
118. IMA Research Foundation, Bangladesh
119. Future Watch Movement, Bangladesh
120. Council ASEAN Staff Union (ASETUC)
121. Regional Office of the Asia-Pacific Union Network (Uni Apro)
122. Peoples Forum, Nepal
123. Pourakhi, Nepal
124. Transitional workers also count, Singapore

Individuals

1. Rev Ng Kok Kee, Pastor of Harvest Community Church Petaling Jaya, Malaysia
2. Mahi Ramakrishnan, Filmmaker / Journalist
3. Dr. Chan Chee Khun, Academician
4. Anselmo Lee, Activist
5 Laurence Kwark, activist
6. Abu Hayat, consultant on the Bangladeshi migration corridor