Bestinet Sdn Bhd, which is in the spotlight over a new migrant worker processing system for the government, has responded to the International Labour Organization’s statement regarding the Foreign Worker Centralised Management System (FWCMS).
In its response to Malaysiakini’s query, lawyers for Bestinet, Lui & Bhullar, said that the ILO’s clarification “does not diminish the significance of international recognition for FWCMS”.
The ILO yesterday denied that it had endorsed the FWCMS, saying that it only provided preliminary comments on the system to Bestinet in 2013, during a briefing by the firm’s executive directors in Bangkok.
Below is the statement from Bestinet today in full.
Lui & Bhullar, on behalf of our client, Bestinet Sdn Bhd, acknowledges the clarification issued by the International Labour Organization (ILO) regarding its position on the Foreign Workers Centralised Management System (FWCMS) and Bestinet.
Bestinet fully recognises that any technical observations or preliminary comments made by the ILO in 2013 were provided within a specific context, which was implemented in FWCMS, and it does not constitute institutional endorsement.
Its position has always been clear - the design philosophy of FWCMS has been grounded in internationally recognised principles relating to transparency, ethical recruitment, governance, traceability, and migrant worker protection - principles consistently championed by the ILO and other international bodies.
Bestinet’s references to such alignment relate to the design philosophy and governance objectives of the system, and have never been intended as a representation of formal ILO endorsement.
At the same time, the ILO’s clarification should not be misconstrued in a manner that diminishes the significance of the international recognition received by FWCMS, including through the World Summit Awards (WSA).
The WSA remains a respected international platform recognising impactful digital solutions aligned with broader public governance and sustainable development objectives.
The recognition received by FWCMS reflected the platform’s innovation, scalability and potential contribution towards addressing longstanding governance, compliance and migrant management challenges.
Above all, the WSA is aligned with the UN Sustainable Development Goals (SDGs) and was initiated under the World Summit on the Information Society (WSIS).
We also acknowledge the ILO’s statement that it did not independently assess or verify the credentials or technical competence of Bestinet at the material time, and therefore did not provide any formal endorsement. That position has never been disputed by the company.
However, it is equally important to note that FWCMS subsequently underwent extensive scrutiny, validation and engagement involving multiple relevant Malaysian authorities and agencies over many years before being operationalised and continuously utilised across several administrations.
The system was subjected to stringent processes to ensure it met requirements relating to cybersecurity, data protection, operational integrity and effectiveness in managing foreign worker processes.
This included extensive engagements with relevant enforcement, immigration, security, and regulatory stakeholders to ensure that the platform was secure, robust, and capable of supporting national-level operational requirements.
Importantly, FWCMS was specifically designed as a compliance and governance infrastructure to address systemic vulnerabilities that have long existed within cross-border labour recruitment processes.
The platform incorporates structural safeguards and auditability measures, including employer quota verification, biometric identity validation, medical authenticity checks, insurance and regulatory compliance monitoring, as well as end-to-end traceability mechanisms intended to reduce document fraud, worker substitution, irregular recruitment practices and other forms of abuse within the ecosystem.
Where misconduct occurs outside authorised workflows or through unauthorised third-party arrangements, the system provides the audit trails and traceability necessary to support enforcement and regulatory oversight.
Nevertheless, it is critical to note that FWCMS is designed to be a tool of governance, transparency, and enforcement support - not a substitute for enforcement itself.
On the question of recruitment fees raised in your queries, Bestinet endorses the principle that migrant workers should not bear recruitment fees or related placement costs, consistent with the ILO Employer Pays principle.
Bestinet does not charge migrant workers, does not collect recruitment fees from workers, and does not receive any portion of recruitment or placement fees borne by workers.
The architecture of FWCMS is designed to support this principle by promoting transparency, traceability and accountability across the recruitment chain.
It is also important to clarify that matters relating to government policies, levy structures, statutory charges, recruitment fees, or fee determinations are not within the purview of Bestinet or the FWCMS platform itself.
FWCMS operates strictly as a technology and process management solution designed to improve governance, transparency, efficiency, and accountability within the foreign worker management ecosystem.
Policy decisions relating to fees, levy structures or labour market frameworks remain matters for the relevant authorities and policymakers.
Bestinet shares the concerns expressed by the ILO, IOM, and UNODC in May 2024 regarding migrant workers from labour sending countries, who arrived in Malaysia to find that the employment opportunities promised to them did not materialise.
Bestinet also welcomes the ILO’s stated willingness to support a tripartite consultation, including participation from the government of Malaysia and the governments of the labour sending countries, and is prepared to participate constructively in any such consultation convened with the government of Malaysia.
Any attempt by parties to selectively quote or deliberately take the ILO’s clarification out of context in order to create false or misleading impressions regarding FWCMS, Bestinet, or its directors and employees will be viewed seriously, and the company reserves all rights to take appropriate action where necessary. - Mkini
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