The Human Rights Commission of Malaysia (Suhakam) is calling for the establishment of a Royal Commission of Inquiry (RCI) on the US State Department Trafficking in Persons (TIP) 2021 report which downgraded Malaysia to Tier 3 - the lowest possible status.
“In view of the gravity of the Tier 3 status, Suhakam urges the government to establish an RCI pursuant to the TIP Report and focus its attention on implementation of the recommendations," said the commission in a statement today.
Suhakam also urged the government to disclose recommendations made by the Special Independent Committee on Foreign Worker Management which was set up during the previous Pakatan Harapan federal administration and chaired by then home minister Muhyiddin Yassin, who is currently prime minister.
"(Also) to expedite implementation of the recommendations which considered issues of unethical, unhealthy, and unfair practices in the recruitment of foreign workers including the need to make workers recruitment transparent by introducing an end-to-end online system for hiring foreign workers.
"For long term measures to be successful, the government is encouraged to have discussions with relevant stakeholders including NGOs," the commission said.
Suhakam also noted the TIP report claimed the government conflated human trafficking with migrant smuggling and inadequately addressed trafficking allegations.
Malaysia was placed on the Tier 2 Watchlist in the US State Department’s report for three years before it was downgraded to Tier 3 for failing to meet minimum standards to eliminate human trafficking.
Other countries listed under Tier 3 status include Afghanistan, Russia, Iran, and China.
Recommendations from the TIP report include increasing efforts to prosecute more trafficking cases, educate migrant workers of their rights and Malaysian labour laws, as well as increasing labour protection for domestic workers.
The report, which looks into anti-trafficking efforts by governments across the world, covers a period from April 1, 2020 to March 31, 2021.
The report also claimed that during this period, the government conducted raids on factories with suspected cases of forced labour but failed to place adequate attention on identifying forced labour victims.
Last July, Human Resources Minister M Saravanan dismissed claims of forced labour against rubber glove manufacturer Top Glove. The claims had led to import sanctions affecting the manufacturer.
In response to the country’s recent Tier 3 downgrade, Saravanan today announced a national action plan in collaboration with the International Labour Organisation (ILO) to address forced labour practices.
This was on top of improving complaint mechanisms for workers including through a mobile application.
“The Working for Workers (WFW) mobile application was developed in May 2021 for workers to file complaints directly to 80 labour offices nationwide.
“As of July 4, 4,636 complaints have been submitted, with 3,502 complaints probed with action taken.
“Information from these complaints have also helped the ministry’s enforcement authorities to investigate allegations of forced labour,” he said in a statement.
Saravanan also said the ministry will review costs charged by private agencies which could lead to elements of exploitation and debt bondage.
He also said the ministry will review various memorandum of understandings that has and will be signed with source countries to enhance and protect workers' rights without burdening employers.
These diplomatic negotiations including with governments of Bangladesh and Indonesia were often hit with bureaucratic delays which raised concerns among migrants rights activists. - Mkini
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