Furthermore, these refugees have no legal protection because
Malaysia has not signed the 1951 UN Convention recognising refugees.
Thus, the refugees become illegal workers in the country while they
wait for their repatriation/ resettlement. However, as these refugee
are not supposed to work in Malaysia, they are at high risks of being
arrested at any time and taken to the detention centres by the
authorities.
Without recognition of the refugee status, the refugees are constantly
harassed, ill-treated and denied their fundamental rights. There are
also incidents where refugees who hold UNHCR cards are also arrested
and placed at immigration detentions. Besides that, discoveries of
mass graves in Wang Kelian also revealed that the lack of formal status
of refugees make them vulnerable to becoming victims of trafficking.
Therefore, the participants suggested that all refugees (regardless of
their country of origin) should be accorded the opportunity to work in
Malaysia and that Malaysia make an effort to expedite the ratification
of the 1951 Refugee Convention.
b) Plight of Domestic workers/ Invisible workers
The domestic workers, also known as invisible workers, were described
as one of the most exploited workers in this country. Similar to the foreign
workers, the domestic workers have also contributed massively to the
country. They provide child care, senior care, house cleaning and many
other services; yet, they are often isolated and remain largely invisible
and undervalued. Domestic workers are also not offered basic labour
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The foreign workers have also been blamed for street crimes they did not
commit. Statistics revealed that the locals were actually posing a bigger
threat to social stability compared to the migrants. The participants
also suggested that the Commission conduct a national inquiry on the
rights of migrant workers to address the violations that they face and
make recommendations to the current legislation so that the rights of
the migrant workers are protected.
C H A P T E R
and abuses of human rights. In addition, discriminating practices exist
between the foreign workers and local workers in terms of wages, benefits
and participation in trade union activities.