The domestic worker memorandum of understanding (MOU) between Malaysia and Indonesia has led to a debate on the role of the Home Affairs Ministry (MOHA).
Questions are arising regarding the ministry’s management of migrant workers and its accountability in upholding labour laws.
So far, there has been no clear transfer of accountability for migrant worker management over from the Human Resources Ministry (MOHR) and Home Minister Hamzah Zainudin (above) has made his stand that he does not manage human resources.
The National Association of Human Resources Malaysia (Pusma) is calling on the Home Ministry to hand over foreign worker approval and management back to the MOHR.
Pusma said this is especially because the welfare of workers regulated by the Employment Act 1955 comes under the purview of the MOHR.
Its president Zarina Ismail said in a statement that labour-related laws and international agreements also came under the purview of MOHR and not MOHA.
“This means MOHA can absolve itself from accountability in upholding our labour laws or even the implementation of MOUs entered into and this can exacerbate labour violations and trafficking-in-persons elements.
“Such violations have a great impact on our economy and foreign confidence,” she said.
Zarina also said Hamzah had no right to tarnish the reputation of private employment agencies which were registered with the MOHR.
She added that Hamzah should not disadvantage a sector that has the mandate of parliamentary legislation in the Private Employment Agencies Act 1981.
“His statement made in Parliament contravenes the mandate of this Act,” she said.
Zarina was referring to the minister’s statement in Parliament which encouraged employers to bypass recruitment agencies and go to the country of origin to recruit and process the recruitment directly.
She also called for a comprehensive national foreign workers policy to address gaps in implementing recommendations by the Independent Committee on Migrant Worker Management.
“The committee too had recommended that the role of foreign worker approval and management be handed back to MOHR,” she said.
MOU negotiations
Negotiations picked up pace following Indonesia’s announcement it placed a temporary freeze on labour migration into any other sector in Malaysia pending the signing of the MOU.
Negotiations hit a snag again as the Indonesian Ambassador to Malaysia revealed to Malaysiakini on Feb 7 that trust was low that Malaysia’s Immigration Department, under the purview of the Home Ministry, was not committed to enforcing the MOU once signed as it was missing from negotiations.
Former minister of plantation industries and commodities Teresa Kok urged Prime Minster Ismail Sabri Yaakob to intervene for a speedy conclusion to the MOU as Human Resources Minister M Saravanan and Hamzah were “unable to work together”.
“Given the many sectors in Malaysia such as plantation, manufacturing, and construction which are in dire need of workers, it is important for the government to sign the Domestic Workers MOU with Indonesia as soon as possible so that it doesn’t delay the intake of Indonesian labour for other industries.”
Teresa too agreed for the role of migrant worker management to be handed back to the MOHR. - Mkini
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