‘Toothless’ HR Ministry fails to protect migrant workers’ rights effectively

THE Human Resources is in practice powerless to control policies pertaining to migrant workers by protecting their rights or acting as an agent of change to bring about a more conducive working environment.

Instead such agenda falls within the jurisdiction of the Home Affairs Ministry which tends to prioritise national security concerns over economic and human security “which in itself breeds systemic corruption and impunity”, according to international migrant worker rights specialist Andy Hall.

“Recruitment fees paid by workers to come to Malaysia are some of the highest in the world, often even 10 times higher than that paid by migrants travelling to work in neighbouring Thailand,” lamented Hall.

Andy Hall

“Together with the inability to change employer or regularise their status in practice, this creates a breeding ground for the rampant forced labour we see today as systemic in Malaysia.”

Hall was responding to a Reuters’ article citing the Human Resources Ministry that Malaysia will examine recruitment fees charged to workers and review its agreements with the home countries of migrant workers after the Southeast Asian country was downgraded in a US human trafficking report.

Last week, the US State Department ranked Malaysia in “Tier 3” in this year’s Trafficking in Persons (TIP) report while noting that forced labour is the predominant human trafficking crime in the country

Malaysia’s Human Resources (HR) Ministry said it viewed the issues raised in the TIP report seriously.

“The Government will continue to give attention to challenges in addressing forced labour issues, especially those involving foreign workers, and will continue to implement various improvements to existing initiatives,” HR Minister Datuk Seri M Saravanan pointed out in a media statement today.

The ministry claimed that it has received 4,636 complaints from workers between May and July 4 via its new mobile app, Working for Workers (WFW), of which it had taken action in 3,502 cases, including investigating allegations of forced labour.

Malaysia depends on about two million documented migrant workers from countries like Bangladesh, Nepal and India to make everything from palm oil to rubber gloves.

Saravanan further noted that his ministry would review the levies imposed by private recruitment agents and check whether there were any hidden charges that might lead to risks of exploitation and debt bondage.

“The ministry will also review the memorandum of understanding that has been and will be signed with the source countries in particular to strengthen the element of protection of worker’s rights and, at the same time, not burden employers,” he said.

A national action plan on forced labour and child labour is also expected to be finalised in the fourth quarter, Saravanan added.

Malaysia’s state-funded National Human Rights Commission in a statement said the Government had taken some initiatives to address human trafficking, but more transparency, law enforcement capacity and stronger labour laws were still needed. – July 5, 2021

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