Stop and think, govt warned of vicious cycle in crackdown against migrant workers

Tenaganita says the never ending raids on undocumented foreign workers are bordering on lunacy as authorities expect different results with the same actions.

Tenaganita says the authorities are not going to solve the problems of undocumented migrant workers through raids and arrests of foreign workers. (Bernama pic)

PETALING JAYA: Prominent migrants’ rights group Tenaganita has highlighted the need to understand the root causes of undocumented migrant workers in the country, saying the problem goes back to government agencies’ failure to strictly enforce laws including on human trafficking.

“Migrant workers enter the country with valid documents. But instead of getting themselves documented, they end up becoming subjects of human trafficking,” said Tenaganita executive director Glorene A Das.

She said many migrant workers ended up becoming “undocumented” after falling victim to scams or being cheated by agents or employers.

It comes as authorities including the Immigration Department arrested thousands of migrant workers last week, in one of the largest crackdowns in recent years.

But Glorene said the Immigration Department was now effectively creating an environment where agents are allowed to cheat, harm and threaten migrants with impunity.

“The migrants, who are left without their passports and work permits, are then highly vulnerable to human trafficking and exploitation, not to mention arrest, detention and whipping under the Immigration Act 1959/63.

“We have been just notified that many foreign workers brought to magistrate courts recently were not legally represented. They are brought to court in groups with no interpreter or translators.

“They are just told to plead guilty. Is this a fair trial according to our criminal justice system?” she asked.

Vicious cycle

She said the authorities should nail the true perpetrators instead of punishing the migrant workers.

“What is the use of conducting raids, arresting and detaining tens of thousands of migrant workers when they are not the real perpetrators?” she asked, adding that the constant raids have become a vicious cycle.

Tenaganita executive director Glorene A Das.

“Repeating the same thing and expecting different results is one indicator of lunacy!” Glorene said.

She said there was also the problem of logistics in the government’s current method of addressing illegal workers.

“There is no space to house these arrested migrants.

“On top of that, our human rights record degrades as we subject innocent people to horrid treatment, containment conditions with diminished rights and access to justice,” Glorene added.

She said the government must conduct an assessment of the need for workers before conducting raids and crackdowns on undocumented workers.

This includes finding out whether any labour shortage can be fulfilled by locals, and studying the availability of skilled workers in each sector.

“After this assessment, conduct a gradual repatriation of undocumented workers who do not fulfil the need for labour, due to their lack of skills or health condition.

“Repatriation should be combined with a voluntary approach and enforced according to criteria. It must not be punitive in nature because being undocumented is not the fault of the workers,” she said.

But Glorene said getting the Malaysian authorities to change their ways in tackling the problem of undocumented workers will not be easy.

“It requires some humility, and stepping back from arrogance and a willingness to listen,” she added.

She said it was unjust to place workers in a situation where they could be arrested, detained and deported.

She urged Home Minister Muhyiddin Yassin to ensure a thorough investigation by related agencies to rein in those responsible for cheating migrant workers.

“The only just course of action by the home minister, in addition to the thorough investigation, enforcement and increased transparency by the state, is to halt the ongoing crackdown on undocumented migrants in the country.

“They should simplify the procedures for monetary compensation and claims of unpaid wages for victims and survivors of human trafficking.” FMT