SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN sent to the Conference of Ruler in charge of Islamic matters in 200933 in which the Commission also urged for the uniformity of the applicable Islamic Laws throughout Malaysia.34 3.9.4 RIGHTS OF MIGRANT DOMESTIC WORKERS, AND WOMEN REFUGEES/ASYLUM SEEKERS (i) Migrant Domestic worker (a) In general, migrant workers are covered by the Employment Act 1955. However, the Act does not accord full protection to migrant domestic workers. At the same time, there is no specific trade union for migrant domestic workers while other existing associations are generally maledominated. Furthermore, the Minimum Wages Order 2012 does not apply to migrant domestic workers. This creates an environment where migrant domestic workers have no other recourse if their rights are violated by their employers. The Commission recommends that migrant domestic workers be provided with feasible recourse and remedies against abuses committed by employers and that they be allowed to remain and work in the country while seeking and awaiting redress. It is recommended that Malaysia enact a law or amend existing laws to protect the rights of the migrant domestic workers and ratify the International Labour Organisation’s (ILO) Convention No. 189 concerning Decent Work for Domestic Workers. (ii) Women Refugees/Asylum Seekers (a) Malaysia has not ratified the Convention relating to the Status of Refugee 1951 and the 1967 Optional Protocol and the national laws do not differentiate between refugees, asylum seekers or undocumented immigrant. As of end of February 2013, there are some 101,290 refugees and asylum seekers registered with UNHCR in Malaysia. Refugees and asylum seekers comprise Myanmarese, Sri Lankans, Somalis, Iraqis, Afghans and nationals from other countries. 30% of the registered refugees and asylum seekers are women.35 (b) In July 2011, there was a swap agreement between Malaysia and Australia under which Australia would send persons seeking asylum there to be processed in Malaysia and in 33 SUHAKAM’s Annual Report 2009, p. 55. It is noted that the Government had accomplished uniformity the five models Syariah laws (Administration of Islamic law, Islamic Family Law, Syariah Court Evidence, Syariah Criminal Procedure and Syariah Court Civil Procedure), however not all the State and Federal Territories have adopted the five model laws. 35 www.unhcr.org.my/about_Us-@-Figures_At_A_Glance.aspx 18 34