SEANF Paper on Migrant Workers
operated by the Ministry of Human Resources (MOHR) that returns responsibility
for recruitment to Government agencies using bilateral agreements.
87.
The SEANF recommends that conditions of detention of irregular migrants must
in all instances comply with internationally recognized human rights standards
such as the Standard Minimum Rules of Places for the Treatment of Prisoners.
In order to ensure professional standards are followed in detention centers,
the Government should turn over management of the immigration detention
centers to the Department of Corrections, supported by the Immigration
Department, and continue the policy started in July 2009 to exclude RELA from
these centers.
88.
The SEANF recommends that the Government permanently assign medical
personnel from the Ministry of Health to each of the immigration detention
centers. These personnel should be based at the center, conduct daily health
checks of the immigration detainees, and be on call twenty-four hours in case of
medical emergencies.
89.
The SEANF finds that it is vital for governments of both sending and receiving
countries to collaborate closely in solving problems facing migrant workers
in Malaysia. The SEANF recommends that all countries sending migrant workers
to Malaysia must have an officer in their Embassy whose core duties include
assisting migrant workers, and that s/he have appropriate resources and support
to carry out this mandate. The SEANF calls on the Government of Malaysia to
set out a regular consultation mechanism with these Embassies, convened not
less than quarterly, and operated jointly by the MOHR and the MOFA.
90.
The SEANF finds that the Government should develop a comprehensive legal
and policy framework to regulate the recruitment, admission, placement,
treatment, and repatriation of migrant workers. Inter-agency coordination
needs significant improvement as oversight of various aspects of regulation
of migrant workers is divided among Ministries and between Departments
within Ministries. The SEANF recommends that in the short-term, a “One-Stop
Center” for migrant workers should be established under the direction of
the MOHR that will provide counseling and advisory/referral services to migrants,
their employers, and other stakeholders. The SEANF also urges the Government
40