Urgent Action! - Alert!

New policy on the pipeline by the immigration department"

From: Tenaganita — Malaysia,. January 31, 2003

While the world moves forward in increasing the protection of migrant workers rights, the Malaysian government is becoming more arrogant and exploitative in the treatment of more than 2 million workers from different countries in Asia through its ever changing policies.

During the last 3 years, Tenaganita has handled more than 2000 cases /complaints from migrant workers. These cases were mainly related to labor dispute, unpaid wages, abuse or occupational hazards. While the migrant workers, waited for their cases to be settled through the judicial process or through the labor department, the workers stay in the country was legalized through a special pass visa renewable monthly for 100 ringgit. However through a campaign and advocacy, the organization was able to obtain some exemptions.

In December 2002, the Immigration department refused to renew the special pass visas in spite of the workers meeting all requirements including letters from the court and the Labor department. Many of the workers are in limbo as to their legal status now as the visa has expired. The workers face the risk of being arrested and then charged under the Immigration Act. The 2002 amendments to the Act include both imprisonment and whipping, if found guilty of not holding proper documents for the stay in the country.

At a meeting held with the Director of Enforcement of the Immigration Department, Tenaganita was told that there would be a new policy developed on the issuance of special passes for migrant workers who had cases pending. The new policy would be:

1. The Immigration Department would decide if the cases were genuine and valid.

2. The department has proposed that migrant workers who had cases pending for 3 years and more be sent to detention camps. In short, migrant workers are to pursue their case while in the detention camp.

3. The Immigration Department is questioning the validity of the labor case and thus wants verification of the actual condition and situation of the migrant worker before approval.

4. The Department will not approve work permits for migrant workers while they wait for their cases to be settled.

This form of policy is totally unacceptable. It is a denial of the rights of migrant workers. The policy is discriminatory. Malaysians have the right to work while they wait for their cases to be settled in court. This form of policy victimizes the migrant worker. It promotes exploitation and abuse in a blatant manner. It violates any form of good governance and arrests access to justice.

Tenaganita has been requesting for an urgent meeting with the Director-General of Immigration but we have not been able to get a date for the meeting.

In the light of the urgency of the issue and the imminent risk of arrest and detention, the workers are faced with, WE WANT YOU TO ACT.

1. If you are from a sending country of migrant workers to Malaysia, please raise the concern immediately. Your embassy should enter into dialogue with the Malaysian government.

2. Express your concern by sending a letter or e-mail to the following Malaysian Ministries.

DATUK SERI SYED HAMID ALBAR

MINISTRY OF FOREIGN AFFAIRS MALAYSIA

WISMA PUTRA

NO.1 JALAN WISMA PUTRA

PRECINT 2

62602 PUTRAJAYA

MALAYSIA.

TEL:(603) 88874000

FAX:(603) 88891717, 88892816

Y.B. DATUK FONG CHAN ONN

MINISTRY OF HUMAN RESOURCES

LEVEL 6-9, BLOCK D3, PARCEL D

62502 PUTRAJAYA

MALAYSIA

TEL:(603) 88865000

FAX:(603) 88892381

E-MAIL: ksm@mohr.gov.my

3. Create publicity within the country especially since the NAM meeting will take place from 20-25 February in Kuala Lumpur.

4. Please ask the UN Special Rapporteur for Migrant Workers to intervene. Submit protest letters to IOM and ILO.

5. The issue must be made visible.

Tenaganita will launch a campaign in February. We have to stop this inhuman and abusive policy that victimizes the migrant worker and stops the workers right to redress.

WE LOOK FORWARD TO YOUR SUPPORT TO THE MIGRANT WORKERS.

In solidarity

Tenaganita — Women’s Force - Malaysia.

December 18: Promotion and Protection of the Rights of Migrants
http://www.december18.net

Source for this page:    December 18: Promotion and Protection of the Rights of Migrants

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