CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP On delays in renewal of work permits, the Commission has recommended that Immigration Department should expedite the process. This is to prevent migrant workers from being arrested by the authorities while their documents are in the process of being renewed. Another commonly raised allegation was that employers did not comply with the terms of contract, as illustrated by complaints from migrant workers at Asahi Kosei Sdn Bhd (Asahi Kosei). They alleged that Asahi Kosei had failed to honour the contract on the issue of wages and unpaid leave. Several workers protested and two were sent back to their country of origin, but the rest chose to continue with their employment. Upon investigation, the CIWG discovered that the workers were actually employees of a sub-contractor to Asahi Kosei and alerted the Labour Department to the dispute. The Commission is of the opinion that, in contractual disputes, migrant workers should be given priority in taking the matter to the Industrial Court or Labour Court, should the Minister in charge or Labour Department decide that the matter warrants such intervention. It is further recommended that migrant workers be provided with a special pass to allow them to remain and work until the disposal of their case; and that the pass should be provided free of charge. The Commission also intervened in a case involving 13 Bangladeshi crew of MV Banga Biraj who had been stranded on board the vessel and not paid their salary for a year. The situation was highlighted to the authorities. The crew were rescued and placed under the protection of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. The crew returned to Bangladesh on expiry of the temporary protection order. (i) Interests of Refugees As Malaysia has not acceded to the Convention on Status of Refugees 1951 (1951 Convention) and the 1967 Optional Protocol, the laws do not recognise the difference between a refugee, asylum seeker or illegal immigrant. Most of the complaints received by the Commission are on the issue of applications for refugee status that have yet to be approved or rejected by the United Nations High Commissioner for Refugees (UNHCR). Other refugees want the Commission’s help with expediting resettlement to third countries as most face difficulties living in Malaysia, since there are no privileges or recognition for education, employment and security. The Commission has also received complaints on the arrest and detention of refugees at Immigration detention depots, including those in the process of applying for refugee status; the absence of documentation is a major problem for them. Whenever the Commission is informed about detained refugees, it provides details to the UNHCR. Under a standing arrangement between the UNHCR and the Immigration Department, bona fide persons of concern are released to the UNHCR. The Commission itself does not undertake such responsibilities due to resource constraints. 51