Key Issues (f) Migrant Workers, Asylum Seekers and Refugees (i) Migrant Workers In general, migrant workers are covered by the Employment Act 1955. However, the Act does not cover migrant domestic workers. At the same time, there is no specific trade union for migrant domestic workers. Existing associations are generally male-dominated, which has created an environment where migrant domestic workers have no other recourse if their rights are violated by employers. The Commission recommends that migrant domestic workers be provided with feasible remedies against abuse by employers and that they be allowed to remain and work in the country while seeking and awaiting redress. It is also disappointing to note that the minimum wage does not apply to domestic workers. The Commission recommends that Malaysia enacts a provision to protect the rights of foreign domestic workers, and ratifies the International Labour Organisation’s Convention No. 189 on Decent Work for Domestic Workers. (ii) Asylum Seekers and Refugees Malaysia is not a party to the UN Convention Relating to the Status of Refugees 1951 and its Optional Protocol 1967 and the national laws do not differentiate between refugees, asylum seekers and undocumented immigrants. Thus, their rights are limited in terms of access to formal education, employment and healthcare services. Once arrested, they are detained because of the absence of valid documents. Only with the intervention of the UN High Commissioner for Refugees are they released from immigration detention depots. The Commission reiterates that Malaysia, as a member of the UN and the Human Rights Council, is obliged to protect and assist asylum seekers and refugees, even though it has not acceded to the relevant international conventions. 6. THE COMMISSION’S ROLE IN COURT The Commission held a watching brief in cases involving the right to vote (Teo Soon Heng & 5 others vs the Election Commission of Malaysia), women’s rights (Gan Soh Eng & 7 Ors v Guppy Plastic Industries Sdn Bhd) and freedom of religion (Zaina Abidin bin Hamid @ S Maniam & 3 Ors v Government of Malaysia & 3 Ors). Such involvement has provided the opportunity for the Commission to give independent input based on human rights principles enshrined in the Federal Constitution, UDHR or CEDAW. In all three cases, the Commission was represented by a Commissioner and a lawyer from the Bar Council on pro bono basis. The Commission is appreciative of the support of the Bar and the Judiciary, in acceding to its request to hold a watching brief. In addition, the Commission will pursue its involvement in criminal cases at the mitigation and sentencing stage, to ensure that human rights principles are given due regard by the court in determining an appropriate sentence. 20