LABOUR-MALAYSIA: Hit Foreign Workers First Govt Tells Employers

LABOUR-MALAYSIA: Hit Foreign Workers First Govt Tells Employers
By Anil NettoPENANG, Mar 23 (IPS)
An official guideline for employers to retrench their foreign workers ahead of local employees has alarmed civil society society groups who fear that indebted migrant workers could be sent home with inadequate compensation. Worries about retrenchment and unemployment have been mounting as Malaysia sinks into a recession, its export-oriented economy taking a hit from a slump in global consumer demand. In the last quarter of 2008, the economy grew by just 0.1 per cent and many fear the economy will shrink this year despite a huge 60 billion ringgit (16 billion US dollars) government stimulus package. In January, exports dropped by 28 percent and the number of workers employed by the manufacturing sector fell by nine per cent against the previous year. Thousands have been retrenched in the last few months. Labour Department statistics for the month of January alone show 4,325 workers retrenched of which 2,153 were local and 2,172 foreign. These of course are only reported figures. The steady rate of retrenchments has worried the government, which has announced a principle of foreign workers first out (FWFO), meaning that employers should lay off foreign workers before they retrench locals. Even the country's trade union movement is worried about the influx of migrant workers at a time when retrenchments are rising. The issue came under the spotlight when the Bangladeshi labour counsellor said that 70,000 workers from that South Asian country with approved visas would be arriving soon to take up jobs in the plantation, construction and services sectors. A senior official of the Malaysian Trades Union Congress pointed out that thousands of Bangladeshi workers were experiencing employment uncertainty. He said it would be better to revoke their visas while they were still in their country, instead of landing here and becoming unemployed or under-employed. But activists point out that many of the foreign workers in Malaysia have paid small fortunes to agents in their home countries to work in Malaysia. Most of the foreign workers in the country are from Indonesia, Bangladesh, India, Myanmar, Vietnam, Nepal and the Philippines. They are lured here by foreign recruitment agents or representative of the more than 250 registered outsourcing countries operating in Malaysia. If visas are cancelled, foreign workers are unlikely to obtain refunds from the agents. Bangladeshi and Indian workers, for instance, have to raise or borrow around 8,000 to 10,000 ringgit (2192 – 2740 dollars) to pay for agents fees and other charges. Employment agreements are usually for a period of three years while work permits have to be renewed annually. But the government has reportedly slashed its work permit approvals by over 70 percent this year. It has also approved a proposal to double the foreign workers' levy imposed on employers to discourage the hiring of foreign workers. Activists worry that employers could pass down these higher charges for their foreign workers to absorb. In the case of restaurant owners, this could reportedly amount to 3,600 ringgit (988 dollars) per worker. Employers could also be tempted to hire undocumented workers due to the higher levies. Foreign workers usually have to work one or two years before they can recover what they incurred - or repay the loans they took - in their home countries. If they are sent back earlier, they could well find themselves in debt upon their return home. Indonesia has expressed fears that some 100,000 of the two million Indonesian workers in Malaysia could be retrenched as companies here shed workers. "This has not yet happened, so don’t exaggerate it," outgoing Malaysian Prime Minister Abdullah Badawi was quoted as saying in the Indonesian media during a two-day visit to Indonesia this week. "And if it ever happens, it will not only happen to migrant workers but also to Malaysians." In a joint statement, fifty civil society groups from South and South-east Asia endorsed a statement, pointing out it would be a great injustice if Malaysian employers were allowed to prematurely terminate their foreign workers' employment agreements and send them back home. Early termination of their employment agreements means they would usually end up in a worse condition than when they first entered into the agreement. ''This is a great injustice, and it is inhumane,'' said the statement. ''If there is going to be early termination of employment agreements which are for a minimum fixed period of employment, then the worker must be paid adequate compensation, at the very least basic wages for the remaining duration of their employment agreement.'' Paying migrant workers the usual termination benefits that Malaysian workers are entitled to - calculated based on the number of years in service - would not be fair either in view of the huge costs the foreign workers incurred in arriving in Malaysia. Before they send back anybody, the employers should pay what they owe the workers, says Ruth Paul, the coordinator of the Foreign Workers Service Centre on mainland Penang. ''These workers don't have (statutory) retrenchment benefits; so if, say, they have a year remaining on their contract, the employers could pay their outstanding wages (for the remaining period) plus the cost of flight tickets,'' Paul said. She mentioned a couple of cases in the city of Ipoh recently, where migrant workers were sent back home without their wages because the company was shutting down. Paul also fears that some employers might just shut down their factories without adequately compensating their migrant workers, leaving them in a lurch. In the past, she had encountered cases where the employers, who had held on to their workers' passports, suddenly disappeared and could not be contacted. ''The only thing I tell them is to make a police report and contact their embassy.'' Human rights lawyer and blogger Charles Hector suggests that a new policy could be adopted: if a migrant worker has been retrenched, and if he or she has worked less than three years in Malaysia, a new amended work permit could be given to allow the worker to be employed in another sector that needs workers. ''They may be non-citizens, but they are workers and human beings, and they need to be treated as such,'' he wrote in his blog. ''The government needs to develop just policies and principles.'' (END/2009)
http://www.ipsnews.net/news.asp?idnews=46228

50 Organisations from 15 countries condemn Malaysia's 'Foreign Workers First Our'(FWFO) policy

Media Statement – 14/3/ 2009 (16/3/2009 - updated)

MALAYSIA’S ‘FOREIGN WORKERS FIRST OUT’ POLICY IS UNJUST, DISCRIMINATORY AND UNCONSTITUTIONAL

We, the undersigned organizations, groups and networks, concerned about migrant and worker rights, are appalled at Malaysia ’s unjust, discriminatory and unconstitutional anti-worker policy, known as ‘Foreign Workers First Out’ (FWFO) policy when it comes to retrenchment.

A recent Malaysian newspaper report read,“…Employers must retrench their foreign workers ahead of their Malaysian staff as they seek to weather the current economic slowdown, said Deputy Human Resource Minister Datuk Noraini Ahmad. She reiterated that employers should adopt the Government’s foreign worker first out (FWFO) principle…”(Star, 28/2/2009 - Retrench foreign workers first, employers told)

Whilst appreciating Malaysia ’s concern for its own citizens’ employment, this should never excuse employers from fulfilling their contractual obligations to workers.

It is very wrong for the Malaysian government to compel/encourage employers in Malaysia to retrench their foreign workers first, before the expiration of the agreed duration of employment. Employers should have been fully aware of risks of economic crisis and other business risks, and as such there is no justification whatsoever of their breaching their employment agreements now.

It must also be appreciated that foreign workers do expend lots of monies, incur debts and make great sacrifices when they do decide to come over to Malaysia to work. These workers rely heavily on the representations of the employers and/or their agents especially with regards to wages and the length of period that they will be employed, before deciding to enter into employment agreements and coming over to Malaysia to work.

Employment agreements with migrant workers are usually for a period of 3 to 5 years, and it would be a great injustice if Malaysian employers are now encouraged and permitted to prematurely terminate this employment agreement, and send these foreign workers back to their home country.

Early termination of employment agreements for many a migrant worker means ending up in a far worse condition than when they first entered into employment agreements to come and work in Malaysia . This is a great injustice, and it is inhumane.

If there is going to be early termination of employment agreements which are for a minimum fixed period of employment, then the worker must be paid adequate compensation, at the very least basic wages for the remaining duration of their employment agreement. Usual termination and lay-off benefits paid to local workers will definitely not be just for a foreign migrant worker who is sent back to her country.

We also wish to state that this ‘Foreign Workers First Out’ (FWFO) policy and practice is unconstitutional, as it goes against Article 8 of the Malaysian Federal Constitution, whereby Article 8(1) clearly provides that 'All persons are equal before the law and entitled to the equal protection of the law...', and there is nothing in the Constitution that permits discrimination against non-citizens, in favour of citizens, with regard to employment. Therefore, section 60N of the Employment Act 1955, which some use as the basis of FWFO practice is ultra vires the Federal Constitution, and as such is invalid.

We believe that it is better that migrant workers who are now in Malaysia who are or will be prematurely terminated be first used to fill up existing manpower needs, rather that bringing in new migrants.

We call on the Malaysian government to immediately stop this unjust, discriminatory and unconstitutional policy and practice, known as ‘Foreign Workers First Out’ (FWFO) principle.

We call on Malaysia to demand that all employers fulfill their contractual agreements with regard to all workers, including foreign workers. We hope that mechanisms are put in place to ensure that employers pay workers adequate and just compensation for any early termination of employment agreement.


Charles Hector
Pranom Somwong

for and on behalf of the following 50 organisations

ALIRAN, Malaysia
All Nepal Women's Association (ANWA) ( Nepal )
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asia Pacific Mission for Migrants (APMM)
Asia Pacific Forum on Women Law and Development (APWLD)
Bahrain Center for Human Rights
Building and Wood Workers International, Asia Pacific Region (BWI)
CARAM Cambodia
Citizens' Watch Network Sri Lanka
Civil Rights Committee - Kuala Lumpur and Selangor Chinese Assembly Hall
(CRC-KLSCAH), Malaysia
Committee for Asian Women (CAW)

Community Development Services (CDS), Colombo , Sri Lanka
Coordination Of Action Research on Aids &Mobility (CARAM-ASIA)
COVA (Confederation of Voluntary Associations), India
Federation of Trade Unions – Burma (FTUB )
Global Alliance against Traffic in Women (GAATW)
Hope Workers’ Center , Taiwan
IMA Research Foundation Bangladesh
Institute for Migrant Workers (IWORK), Indonesia
International NGO Forum on Indonesian Development (INFID)
Kav LaOved (Worker's Hotline), Israel
Lawyers for Human Rights and Legal Aid (LHRLA) Pakistan
Legal Support for Children and Women (LSCW), Cambodia

MADPET (Malaysians against Death Penalty and Torture)
MAP Foundation for the Health and Knowledge Of Ethnics Labour , Thailand
Messrs Charles Hector, Malaysia
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI), Philippines
Migrant CARE (Perhimpunan Indonesia untuk Buruh Migran Berdaulat)
Migrant Services Centre – NWC, Sri Lanka
Multi National Women's Organization of Burma ( MNWOB)
Myanmar Refugee Volunteer Group (MRVG)
National Alliance of Women Human Rights Defenders (NAWHRD), Nepal
Nepal Institute of Development Studies (NIDS)

Network of Action for Migrants in Malaysia (NAMM)
Nijera Kori, Bangaladesh
Ovibashi Karmi Unnayan Program( OKUP), Bangaladesh
Parti Rakyat Malaysia (PRM)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Raks Thai Foundation , Thailand
Solidaritas Perempuan, Indonesia
Suara Rakyat Malaysia (SUARAM)
The Action Network for Migrant Workers (ACTFORM), Sri Lanka
The Development Action for Women Network (DAWN), Philippines

The Prevention of HIV/AIDS among Migrant Workers in Thailand
Project (PHAMIT)
Transient Workers Count Too, Singapore
United for Foreign Domestic Workers Rights (UFDWRs)
WARBE Development Foundation , Bangladesh
Writer Alliance for Media Independence (WAMI), Malaysia
Women's Rehabilitation Centre (WOREC), Nepal
Workers Hub 4 Change (WH4C)

47 groups say Malaysia's 'Foreign Workers First Out' Policy is Unjust, Discriminatory and Unconstitutional

Media Statement – 14/3/ 2009

MALAYSIA’S ‘FOREIGN WORKERS FIRST OUT’ POLICY IS UNJUST, DISCRIMINATORY AND UNCONSTITUTIONAL

We, the undersigned organizations, groups and networks, concerned about migrant and worker rights, are appalled at Malaysia ’s unjust, discriminatory and unconstitutional anti-worker policy, known as ‘Foreign Workers First Out’ (FWFO) policy when it comes to retrenchment.

A recent Malaysian newspaper report read,“…Employers must retrench their foreign workers ahead of their Malaysian staff as they seek to weather the current economic slowdown, said Deputy Human Resource Minister Datuk Noraini Ahmad. She reiterated that employers should adopt the Government’s foreign worker first out (FWFO) principle…”(Star, 28/2/2009 - Retrench foreign workers first, employers told)

Whilst appreciating Malaysia ’s concern for its own citizens’ employment, this should never excuse employers from fulfilling their contractual obligations to workers.

It is very wrong for the Malaysian government to compel/encourage employers in Malaysia to retrench their foreign workers first, before the expiration of the agreed duration of employment. Employers should have been fully aware of risks of economic crisis and other business risks, and as such there is no justification whatsoever of their breaching their employment agreements now.

It must also be appreciated that foreign workers do expend lots of monies, incur debts and make great sacrifices when they do decide to come over to Malaysia to work. These workers rely heavily on the representations of the employers and/or their agents especially with regards to wages and the length of period that they will be employed, before deciding to enter into employment agreements and coming over to Malaysia to work.

Employment agreements with migrant workers are usually for a period of 3 to 5 years, and it would be a great injustice if Malaysian employers are now encouraged and permitted to prematurely terminate this employment agreement, and send these foreign workers back to their home country.

Early termination of employment agreements for many a migrant worker means ending up in a far worse condition than when they first entered into employment agreements to come and work in Malaysia . This is a great injustice, and it is inhumane.

If there is going to be early termination of employment agreements which are for a minimum fixed period of employment, then the worker must be paid adequate compensation, at the very least basic wages for the remaining duration of their employment agreement. Usual termination and lay-off benefits paid to local workers will definitely not be just for a foreign migrant worker who is sent back to her country.

We also wish to state that this ‘Foreign Workers First Out’ (FWFO) policy and practice is unconstitutional, as it goes against Article 8 of the Malaysian Federal Constitution, whereby Article 8(1) clearly provides that 'All persons are equal before the law and entitled to the equal protection of the law...', and there is nothing in the Constitution that permits discrimination against non-citizens, in favour of citizens, with regard to employment. Therefore, section 60N of the Employment Act 1955, which some use as the basis of FWFO practice is ultra vires the Federal Constitution, and as such is invalid.

We believe that it is better that migrant workers who are now in Malaysia who are or will be prematurely terminated be first used to fill up existing manpower needs, rather that bringing in new migrants.

We call on the Malaysian government to immediately stop this unjust, discriminatory and unconstitutional policy and practice, known as ‘Foreign Workers First Out’ (FWFO) principle.

We call on Malaysia to demand that all employers fulfill their contractual agreements with regard to all workers, including foreign workers. We hope that mechanisms are put in place to ensure that employers pay workers adequate and just compensation for any early termination of employment agreement.


Charles Hector
Pranom Somwong

for and on behalf of the following 47 organisations

ALIRAN, Malaysia
All Nepal Women's Association (ANWA) ( Nepal )
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asia Pacific Mission for Migrants (APMM)
Asia Pacific Forum on Women Law and Development (APWLD)
Bahrain Center for Human Rights
Building and Wood Workers International, Asia Pacific Region (BWI)
CARAM Cambodia
Civil Rights Committee - Kuala Lumpur and Selangor Chinese Assembly Hall
(CRC-KLSCAH), Malaysia
Committee for Asian Women (CAW)

Community Development Services (CDS), Colombo , Sri Lanka
Coordination Of Action Research on Aids &Mobility (CARAM-ASIA)
Federation of Trade Unions – Burma (FTUB )
Global Alliance against Traffic in Women (GAATW)
Hope Workers’ Center , Taiwan
IMA Research Foundation Bangladesh
Institute for Migrant Workers (IWORK), Indonesia
International NGO Forum on Indonesian Development (INFID)
Lawyers for Human Rights and Legal Aid (LHRLA) Pakistan
Legal Support for Children and Women (LSCW), Cambodia

MADPET (Malaysians against Death Penalty and Torture)
MAP Foundation for the Health and Knowledge Of Ethnics Labour , Thailand
Messrs Charles Hector, Malaysia
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI), Philippines
Migrant CARE (Perhimpunan Indonesia untuk Buruh Migran Berdaulat)
Migrant Services Centre – NWC, Sri Lanka
Multi National Women's Organization of Burma ( MNWOB)
Myanmar Refugee Volunteer Group (MRVG)
National Alliance of Women Human Rights Defenders (NAWHRD), Nepal
Nepal Institute of Development Studies (NIDS)

Network of Action for Migrants in Malaysia (NAMM)
Nijera Kori, Bangaladesh
Ovibashi Karmi Unnayan Program( OKUP), Bangaladesh
Parti Rakyat Malaysia (PRM)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Raks Thai Foundation , Thailand
Solidaritas Perempuan, Indonesia
Suara Rakyat Malaysia (SUARAM)
The Action Network for Migrant Workers (ACTFORM), Sri Lanka
The Development Action for Women Network (DAWN), Philippines

The Prevention of HIV/AIDS among Migrant Workers in Thailand
Project (PHAMIT)
Transient Workers Count Too, Singapore
United for Foreign Domestic Workers Rights (UFDWRs)
WARBE Development Foundation , Bangladesh
Writer Alliance for Media Independence (WAMI), Malaysia
Women's Rehabilitation Centre (WOREC), Nepal
Workers Hub 4 Change (WH4C)

Malaysia's 'Retrench foreign workers first' policy is discriminatory and is against the Federal Constitution.

When it comes to retrenchment, the general principle followed was 'Last In First Out' (LIFO) but today in Malaysia a new principle is emerging 'Foreign Workers First Out'(FWFO) - and the question is whether this is right.

Remember the highest law of the land is the Federal Constitution - and Article 8 (1) provides that 'All persons are equal before the law and entitled to the equal protection of the law...'. The word used is 'person' - and that clearly means it applies to both citizen and non-citizen.

Again Article 8(3), which uses the term 'person' states as follows: 'There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.' Does this refer to only the States in Malaysia - or does it refer to 'any State' as in any nation...any country? The word used is 'person', and not 'citizen' and as such it leans towards the interpretation that this applies also to foreigners.

There are stated exceptions in Article 8, where discrimination is permissible - but alas there is nothing that allows discrimination based on the fact that a worker is not a Malaysian national.

In the Employment Act 1955, Section 60N, it states:-

60N. Termination of employment by reason of redundancy.

Where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee.

[Ins. Act A1026]

Thus, it seems that the FWFO principle seems to be coming from the Employment Act - but is not section 60N going against the Federal Constitution?

Section 60N is ultravires the Federal Constitution - and that FWFO principle goes against our Federal Constitution, and must be stopped.

Employers must retrench their foreign workers ahead of their Malaysian staff as they seek to weather the current economic slowdown, said Deputy Human Resource Minister Datuk Noraini Ahmad.

She reiterated that employers should adopt the Government’s foreign worker first out (FWFO) principle. - Star, 28/2/2009 - Retrench foreign workers first, employers told

43 migrant workers in detention unnecesarily because of employer.

The Migrant Workers want to go home but the employer does not make the necessary arrangements

The work permits expired ...but employer insist that they continue working

The employer take their passports (allegedly hands them to immigration)...and migrant workers without passports, when they go out, do get arrested, and sent to the Immigation Detention Centres...

The workers were arrested on 17/1/2009 - and till this day remain in the Detention Centres...why?

MTUC: "...The question now is, why did the Immigration Department, despite having in possession the workers’ legal documents and being aware of what had transpired, still find it right to detain them..."

We wonder whether the Directors, the Shareholders and the management of this Employer Company will be charged.

It seems clear that they have caused the detention of 43 migrant workers for over 43 days now.

But, this being Malaysia, most likely is that they will get away scott free..

The employer company will also not be black-listed, and will continue to be allowed to bring in more migrant workers ...and repeat the exploitation.

The company must be blacklisted - not good enough, the named Directors, Shareholders and CEO/Manager must be blacklisted.

Migrant workers on hunger strike Syed Jaymal Zahiid | Feb 26, 09 2:45pm (Malaysiakini)

News reports on the exploitation of migrant workers are becoming increasingly common in Malaysia. The country is also worryingly becoming notorious for the alleged widespread corrupt practices of immigration officials, which have rendered already weak enforcement laws almost useless. MCPX Today, 43 migrant workers from India went on a hunger strike at a migrant detention centre in Pekan Nenas, Johor, in protest of their alleged unlawful detention by the Immigration Department since mid last month. The 43 were among 51 workers originally recruited by a Johor-based labour outsourcing company, Silvertrade Sdn Bhd, which had subsequently issued them with three-year work permits. Upon completion of their contracts, the workers informed their employer that, as required by law, they wished to return home. Labour laws state that labour outsourcing companies must provide air tickets to their workers upon completion of their contracts. However, in this case, Silvertrade failed to do so. According to the Malaysian Trades Union Congress (MTUC), the eight who escaped detention, approached the body for help, saying their employer had ignored requests for air tickets home. "They (the company) demanded that the workers remain in service but did not make any efforts to renew their work permits," said MTUC secretary-general G Rajasekaran in a press conference today. Rajasekaran added that Silvertrade then proceeded to collect their passports and illegally handed them over to the Immigration Department. To their surprise, the passports were accepted by the department. "Fearing that they will be penalised, on Jan 17, all 51 workers boarded a bus to Kuala Lumpur to seek help from the Indian High Commission. "Unfortunately the police, maybe after a tip-off by the employer, stopped the bus midway to Kuala Lumpur and arrested 43 workers for not having legal documentation," explained Rajasekaran. Following this, MTUC sent a formal complaint letter to Silvertrade and demanded an explanation from the company and informed it that labour laws had been transgressed. "However, there was no response. In fact, after learning that we were looking into the matter, the company’s director, one Surendran, met with the workers at the detention centre and extorted money from them," claimed Rajasekaran. He said the workers had informed him that Surendran had allegedly wanted to use the money to purchase their air tickets instead of using his company’s money as was stipulated in their contracts. "Not having their legal documents and fearing a prolonged jail term, the workers agreed and gave him whatever money they had," said Rajasekaran, who added that the employer had also failed to pay the workers their salaries for the last month of their service. The question now is, why did the Immigration Department, despite having in possession the workers’ legal documents and being aware of what had transpired, still find it right to detain them, asked Rajasekaran. "Like in other similar cases, we suspect corruption is taking place between outsourcing companies and immigration officials," reasoned the MTUC leader. Immigration department yet to respond A letter of complaint was sent to Mahmood Adam, the enforcement section director-general of the Immigration Department three days ago. In the letter, MTUC demanded that the Immigration Department address, among others, questions like why the department had willingly accepted the workers’ passports and detained them despite knowing they had legal documentation. "We will give them until Monday to respond. If not, we will lodge a complaint with the Malaysian Anti Corruption Commission," stressed Rajasekaran. He added that the matter was tantamount to human trafficking and urged the necessary authorities to address it urgently. Silvertrade director Surendran could not be contacted for comments. The international community recently condemned the Malaysian government for its failure to address human trafficking issues. Malaysia has also been categorised by the international community as one of the top nations involved in human trafficking.

[ANM/MMN Open Letter] THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES FOR IMME

[ANM/MMN Open Letter] THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES

FOR IMMEDIATE RELEASE January 20 , 2009 ANM -011-2009 An Open Letter to the Prime Minister of Thailand Mr. Abhisit Vejjajiva Prime Minister of Thailand Government house Thanon Nakornprathom Dusit Bangkok 13000 Tel /FAX +6622803000 To the Honorable Prime Minister, Mr. Abhisit Vejjajiva, THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES The Action Network for Migrants (Thailand) and the Mekong Migration Network, representing migrants and refugees in Thailand and the Mekong, are deeply concerned that the treatment of migrants and refugees in Thailand is inconsistent and thus does not adhere to prevailing international human rights standards. Without a coherent policy, the treatment of refugees and migrants has been left to the discretionary judgment of government officials to deal with situations as they arise. We are particularly concerned about the recent reports that in late December 2008, allegedly 427 Rohingya were forcefully sent back to International water by Thai authorities, whereby only 102 survived when they were rescued by Indian Coast Guards. The others are feared dead. ‘Local human rights groups who have interviewed survivors, say Rohingya refugees from Burma, were held on the remote Koh Sai Daeng off southern Thailand in December, forced back on boats with their hands bound and set adrift with little food and water…’ Bangkok Post, 18/1/2009 - Alleged abuse of refugees probed, Thai Military Accused of Role in Deaths of Hundreds of Burmese Boat People In the same Bangkok Post report, it was also revealed that there was another incident just before the New Year, when the Thai authorities towed 600 Burmese migrants out to sea in four boats. Allegedly, one of these boats is still missing and more than 200 Burmese refugees on board are now feared dead. ANM and MMN is pleased that the Thai government has indicated that they will be investigating the matter, but it is felt that since the alleged perpetrators are the Thai Navy and/or the Thai Immigration Authority, we believe that this investigation should not be done by a government Ministry, but rather a multi-sectoral commission that should conduct its inquiry in an open and transparent manner. It is our position that the National Human Rights Commission of Thailand should also conduct their own independent inquiry. ANM and MMN also call upon the Thai government to immediately adopt the position that it will not in the future set any persons, including refugees and asylum seekers, adrift in sea. The Thai government should allow these people to land, and should adhere to the highest standards of rights and justice including its commitment as contained in the 1999 Bangkok Declaration on Irregular Migration, where persons will be ‘…granted humanitarian treatment, including appropriate health and other services…” There should be no unfair treatment. The Thai Government must Protect the security, safety and well-being of the Rohingya who are currently seeking safety and refuge on Thai soil. They should be provided with all the basic facilities and support needed for survival in accordance with international humanitarian standards and principles. ANM and MMN also call upon the Thai government to immediately set up a joint government and non-government committee to produce a coherent national policy for welfare and protection to avoid future incidents and oversee/ monitor the treatment of asylum-seekers and migrants in Thailand In order to guarantee the future systematic protection of all refugees and migrants, we strongly urge the Thai Government to immediately ratify the International Convention and Protocol Relating to the Status of Refugees and the International Convention on the Protection of Rights of Migrants and their families (1990). Finally, the Action Network for Migrants (Thailand) and the Mekong Migration Network implores Thai Government to call on all governments of ASEAN to condemn and call for a complete cessation to all human rights abuses carried out by the State Peace and Development Council (SPDC) that remains the root cause forcing people to flee to the other countries of ASEAN. Yours sincerely Committee of The Action Network for Migrants (Thailand) Steering committee of Mekong Migration network Cc: 1. The National Human Rights Commission of Thailand 2. Ministry of Foreign Affair 3. Ministry of Defense

Contact Persons:

Mr. Htoo Chit +66 8 1797 7745

Ms. Pronom Somwong +60192371300 (Malaysia)

Action Network for Migrants (Thailand)

Ms. Reiko Harima +852 93692244 (Hong Kong)

Ms. Laddawan Tamafu +66 8 1595 1364 (Thailand)

Mekong Migration network

India, Malaysia sign agreement on employing migrant workers

According to news sources below:
On January 3 2009 India signed a bilateral labour mobility agreement with Malaysia, The broad procedure for employment of workers and the responsibilities of employees, workers and recruitment agencies are outlined in the agreement.
With the agreement, both countries hope to reduce the activities of unscrupulous recruitment agents and provide workers a fair deal in terms of labour law protection and compensations provided by the host country, with this agreement, both party hopes to improve the conditions of the existing workers and bring them under the prevailing labour laws and the social security net of the country.
The two governments will work together on pre-departure orientation and upgrading of skills. They have also agreed for protection and welfare of all categories of workers under the labour and other laws of the host country.
A sufficiently strong legal framework to ensure such recruitment is done in ordinary manner and any problems which might arise could be resolved on the basis of suitable systems and mechanics which will be set up by the joint committee, a body comprising representatives from the two countries to ease the situation.
The JWG consisting of at least three members from each Government will meet twice a year, alternatively in India and Malaysia. They work including to cited cases where Indian workers arrived in Malaysia to find they had no jobs; despite having paid recruiting agents to find them work.


India and Malaysia in labour pact
OUR SPECIAL CORRESPONDENT
New Delhi, Jan. 3: India today signed a bilateral labour mobility agreement with Malaysia, but Kuala Lumpur’s policy of cutting down on migrant workers — from the existing 12 million to 1.8 million — continues.
Both sides said supply of labour was demand-based.
With the agreement, both countries hope to reduce the activities of unscrupulous recruitment agents and provide workers a fair deal in terms of labour law protection and compensations provided by the host country.
Currently there are 1.5 million Indian workers in Malaysia, mostly in service sectors and plantation-based industries.
“With this agreement, we hope to improve the conditions of the existing workers and bring them under the prevailing labour laws and the social security net of the country,” said Malaysia’s human resource minister S. Subramanian, who signed the agreement with minister for overseas Indian affairs Vyalar Ravi.
“There is also scope for enhancing pre-departure and orientation training for workers in the agreement. The agreement will also check unscrupulous agents,” Ravi said.
A joint working group consisting of six members from both countries will also be constituted to review and set the administrative framework of the agreement.
The joint working group and a ministerial committee will meet periodically every year.
But the Malaysian minister admitted that the policy of discouraging migration still existed in his country.
“We have a policy to reduce the number of migrant workers to 1.8 million from the existing 12 million. Then recruitment of workers is based on demand. Wherever and whenever there is a demand, we will recruit workers,” Subramanian said.
http://www.telegraphindia.com/1090104/jsp/nation/story_10340946.jsp



India, Malaysia sign pact on employing labourers
By Rajiv Gupta on January 4th, 2009 14 views
New Delhi, Jan.3 (ANI): India and Malaysia on Saturday signed a Memorandum of Understanding (MoU) for improving recruitment and working condition of employees.
Indian Overseas Affairs Minister Vayalar Ravi and the Malaysian Human Resources Minister Dato Dr. S. Subramaniam signed the MoU in New Delhi.
“It is a major milestone in our friendship mark towards the protection of Indian workers going abroad and of course it will further strengthen relation between Malaysia and India,” said Ravi.
The broad procedure for employment of workers and the responsibilities of employees, workers and recruitment agencies are outlined in the agreement.
With the signing of MoU both the nations have agreed to facilitate orderly recruitment and deployment of workers.
The two governments will work together on pre-departure orientation and upgrading of skills.
They have also agreed for protection and welfare of all categories of workers under the labour and other laws of the host country.
A joint working group (JWG) would be set up to implement the MoU and review employment opportunities and availability of corresponding skills in both countries.
“This joint committee will work out the administrative details of how are we are going to implement the spirit of intentions of this memorandum of understanding. Hope with this we will have a sufficiently strong legal framework to ensure such recruitment is done in ordinary manner and any problems which might arise could be resolved on the basis of suitable systems and mechanics which will be set up by the joint committee,” said Subramaniam.
The group will also explore new avenues for cooperation in the field of labour and manpower development for mutual benefit.
The JWG consisting of at least three members from each Government will meet twice a year, alternatively in India and Malaysia.
Malaysia is an important destination for Indian workers. According to official estimates of the Malaysian Government, there are approximately 150,000 Indian workers in Malaysia, out of about 2 million foreign workers there.
Most of the Indian workers work in the plantation and construction sectors. During 2007, about 30,916 workers immigrated to Malaysia after obtaining emigration clearance.(ANI)
http://silverscorpio.com/india-malaysia-sign-pact-on-employing-labourers/
Malaysia, India to sign pact to protect workers: report
6 days ago
KUALA LUMPUR (AFP) — Malaysia and India are to sign a labour accord Saturday to govern the recruitment and welfare of their workers in each other's country, a report said Monday.
Malaysia's Human Resources Minister S. Subramaniam said the document would address abuses by recruiting agents and others against Indian workers brought into the country.
It will be signed by Subramaniam and Overseas Indian Affairs Minister Vayalar Ravi in New Delhi on January 3, The Star newspaper reported.
Malaysia is one of the largest importers of foreign labour in Asia. Foreign workers, both legal and illegal, account for about 2.6 million of its 10.5 million workforce.
The Star said there were about 150,000 Indian workers in the country, many of them in the plantation, construction and services industries.
Subramaniam cited cases where Indian workers arrived in Malaysia to find they had no jobs, despite having paid recruiting agents to find them work.
The agreement would set up a body comprising representatives from the two countries to ease the situation, he said.
Abuses against foreign workers are frequently reported in Malaysia's media.
In May last year, a Malaysian employer and his family were accused of starving and torturing an Indian migrant worker and then leaving his body in a remote jungle.
The three had allegedly beaten Ganesh Kumar Ramamoorthy, 28, from Tamil Nadu state, with canes and steel chains. They have been charged with manslaughter.

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