SEANF Paper on Migrant Workers
a party. Suhakam echoes the recommendation of the Committee on the
Elimination of Discrimination against Women that the Government should take
immediate measures to ensure national laws comply with the provisions of
CEDAW. 24 The Government should also immediately ratify ILO Conventions 87
(Freedom of Association) and 105 (Abolition of Forced Labour).
83.
The SEANF recommends that the Government amend the labour laws to ensure
domestic work is fully covered under labour protections in the law, in line with
the recommendation of the Committee on the Elimination of Discrimination
against Women in 2006.
84.
The SEANF recommends that the Government respond positively to the
request of the Special Rapporteur on the Human Rights of Migrants (made in
2006) to conduct a mission to the country and cooperate fully with the
Rapporteur during the visit.
85.
The SEANF recommends the Government to launch a public campaign against
employers’ seizure of migrant workers’ passports because such practices are a
clear violation of the Passport Act 1955. The SEANF urges the Government to
enforce this law against employers and labour recruitment/outsourcing firms,
starting with fines. For firms that are repeat offenders, the Government should
revoke their license to hire foreign workers.
86.
The MOHA policy of licensing labour outsourcing firms to bring migrant workers
in Malaysia resulted in significant, ongoing abuses against migrants, and
significant inefficiencies in the deployment of workers. 25 The SEANF recommends
scrapping the system of labour outsourcing and replacing it with a system to be
24 Committee on the Elimination of Discrimination Against Women, “Concluding comments of the
Committee on the Elimination of Discrimination against Women: Malaysia”, 35th Session, 15 May – 2
June, 2006.
25 Since labour outsourcing firms profits depend on recruitment fees, they have an incentive to
maximize the number of workers brought to Malaysia, even in cases where there is not sufficient work
for those workers. Unscrupulous outsourcing firms have been found detaining workers in abysmal
conditions, or abandoning them to become irregular workers. Labour outsourcing arrangements
also allow actual enterprises employing the workers at their facilities to shirk responsibility for
paying promised wages and benefits to migrant workers, since payments are the responsibility of
the labour outsourcing firm.
39