Tag Archives: Amnesty

Malaysia: A Blow to Humanity: Torture by Judicial Caning in Malaysia

Link: http://www.amnesty.org/en/library/asset/ASA28/013/2010/en/199a43b6-c204-4414-9cf6-bec6f6ac380e/asa280132010en.pdf

Malaysia openly practises widespread torture and other ill-treatment by subjecting thousands of refugees, migrants and Malaysian citizens to judicial caning each year. This form of corporal punishment has nothing to do with Islamic law. Under international law, judicial corporal punishment such as caning constitutes torture or other ill-treatment, which are absolutely prohibited in all circumstances. As a member of the Association of Southeast Asia Nations (ASEAN), Malaysia should consider the regional consequences of caning migrants and refugees. To comply with international law, the Malaysian government must abolish judicial caning altogether.

Please view link for further details.

Malaysia NOT to grant Amnesty for Illegal Immigrants

The Malaysian government has no plans to grant amnesty for illegal foreign workers in near future to prevent more foreign labor from swarming into the country, a senior official said Monday.

Malaysian Home Affairs Minister Hishammuddin Hussein made this remark here on Monday after launching an integrated system that links the 999 emergency number, closed-circuit television, geographical information system and digital map together.

Hishammuddin said that the Malaysian government did not want to attract illegal foreign workers to the country as this would pose threat to national security.

The Malaysian government once grant amnesty to illegal foreign workers to allow them to return to their home countries during a specific period with no actions taken against them.

Source: Xinhua, Tuesday, 10 August 2010

MTUC calls on govt to allow migrant workers to leave country

Monday December 7, 2009

PORT KLANG: The Malaysian Trades Union Congress (MTUC) is calling on the government to declare another round of amnesty to allow the estimated 2.1 million illegal foreign workers to leave the country.

Its vice-president, A. Balasubra­maniam said this was the best way to reduce the number of foreign workers in the country.

He said the last amnesty from July 1, 2004 to February 2005, was very successful, as 230,000 such workers left the country voluntarily.

He said that the MTUC had received hundreds of requests from these workers, especially those whose visas had expired, that they wanted to return to their country.

“However, the cost of getting the documentation is high and the workers could not afford it,” he said.

He said it would cost a worker RM2,000 to get the papers to return to their home country, and it included a fine of RM300 for overstaying, RM600 for airfare and RM1,100 for processing the application.

Under an amnesty the workers need not pay as repatriation cost would be borne by their country.

Balasubramaniam said an amnesty would benefit the country as it would provide employment opportunities for the locals, reduce the number of detention camps, redeploy enforcement officers, lower the risk of communicable diseases and assist foreign workers from being exploited. — Bernama

Letter to the Editor: Amnesty for undocumented migrant workers

24 May 2010

The Migration Working Group (MWG) welcomes the government’s move to offer amnesty to “foreigners who entered the country illegally or overstayed after their work permits expired”. However, this is a superficial reprieve for many workers who may have become “illegal” i.e. undocumented through no fault of their own such as wrongful dismissal, deception by agents, and work permits not renewed by errant employers.

Although the amnesty will not punish the migrant workers returning home, many of them will not receive redress for their grievances such as for unfair dismissal, unpaid wages, compensation for injuries sustained through work, and abuse from irresponsible and dishonest employers. Under the current policy, employers are able to cancel work permits of migrant workers too easily. When their workers bring court cases against them, they have refused to take part in negotiations and have delayed court processes. They do this with impunity because they know that migrant workers caught in such situations have great difficulty remaining in the country to pursue redress.

The amnesty is much needed, but does not address the deeper causes of why migrant workers become undocumented. One of the reasons Malaysia hosts a large population of irregular migrants is because of inaccurate forecasts of labour needs – there are more jobs that need migrant workers than the number of work permits approved for them. Accurate forecasts that meet the needs of employers will help to ensure that workers can work legally. Secondly, migrant workers in distress, who also frequently lose their legal status, also need to be able to seek the assistance of Malaysian government officials to help resolve their labour disputes. If such a mechanism exists, they are less likely to remain undocumented in Malaysia.

We would also like to remind the government that for refugees and asylum seekers, sending them back to their country of origin is not an option. Our government must uphold the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms. In addition, refugees should be given the right to work and employers who employ refugees should be exempted from punishment for harbouring foreign workers.

Malaysia is in urgent need of comprehensive immigration reform. We call on the government to allow the Ministry of Human Resources to be the Ministry in charge for migrant workers, instead of the Home Ministry. Migrant workers should be not be viewed as a national security matter as we continue to depend on foreign labour for economic growth. We urge the government to ensure that all migration policies help to realise  the International Labour Organisation’s Decent Work Principles – encompassing respect for basic human rights, access to employment, safe and healthy working conditions, and social security.

Temme Lee

Coordinator for Migration Working Group

PS: This letter was covered in Free Malaysia Today (http://www.freemalaysiatoday.com/fmt-english/opinion/letters/5947-amnesty-for-illegal-workers-immigration-reform-needed) and the website of the Chief Secretary of Government (http://www.pmo.gov.my/ksn/?frontpage/news/detail/5361).

Amnesty for illegals once biometric system in place (Updated)

The Star

Published: Thursday May 20, 2010 MYT 1:39:00 PM
Updated: Thursday May 20, 2010 MYT 9:11:21 PM

PUTRAJAYA: The Government will offer amnesty to hundreds of thousand of illegal foreign workers once the integrated biometric identification system is in place, Deputy Minister Tan Sri Muhyiddin Yassin said.

“Foreigners who entered the country illegally or have stayed after the expiry of their work permits will be offered amnesty once the Home Ministry has updated the system to manage foreigners including the biometric identification system.

“The biometric identification system is necessary to ensure that we record the entry of all foreign visitors and workers into the country and include work to update and coordinate all hardware, software and data managed by a number of different agencies and ministries.

“We will leave it to the Home Ministry, especially the Immigration Department, to implement it as soon as possible,” he told a press conference after chairing Cabinet Committee on Foreign and Illegal Workers meeting here Thursday.

It was also attended by representatives from 17 ministries and agencies, including Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan.

The amnesty programme was among 50 recommendations made to the cabinet committee by the Life Laboratory on the Issues of Foreign and Illegal Foreign Workers on ways to resolve various related issues.

This will be the third time the government offer amnesty to foreigners working illegally, mainly in plantations, construction sites, factories, restaurants and as domestic maids, after two previous ones in 2002 and 2004 that saw hundreds of thousands going home.

MTUC too had recently called on the government to make another amnesty offer after the one from July 2004 to February 2005 saw about 230,000 workers leaving the country voluntarily.

The trade union claimed many would take up such an offer as it would save them RM2,000, including a RM300 fine for overstaying, RM600 in airfare and RM1,100 for processing the application.

Muhyiddin said the government would also be looking into existing legislation as well as the possibility of introducing new regulations to help curb the problem of illegal foreign workers because it was important to ensure full enforcement once the amnesty period expired.

“After the amnesty offer expires, we will take action on all those who break the law by engaging or harbouring foreign workers without permits,” he said, adding that the government would not bear all costs to send the workers to their country of origin as employers are also expected to take advantage of the programme.

Home Minister Datuk Seri Hishammuddin Hussein said each agency or ministry related to foreigners had their own system to monitor different aspects of foreigners in the country.

“The Tourism Ministry system for instance might focus only on holidaymakers coming here, the Education Ministry might focus just on foreign students and my ministry is more concerned with what these people are doing once here and if they are a threat to security.

“We could have gone for a totally new system for all the relevant ministries and agencies but it would be a waste to simply put aside the existing ones. So we chose to leverage the existing systems and integrate them for access to all,” he said.

Deputy Prime Minister Tan Sri Muhyiddin Yassin chairing the Cabinet Committee Meeting on Foreign and Illegal workers at the Prime Minister’s office in Putrajaya on Thursday. Present were Home Minister Datuk Seri Hishammuddin Tun Hussein, Plantation Industries and Commodities Minister Tan Sri Bernard Dompok, Human Resources Minister Datuk Dr. S. Subramaniam and Sabah Chief Minister Datuk Seri Musa Aman. – Starpic by Rohaizat bin Md Darus.

Amnesty tells Malaysia to protect migrant workers

24 March 2010 | 10:48 AM

KUALA LUMPUR, Malaysia — Migrant workers are lured to Malaysia by promises of high salaries but often end up being exploited and abused, Amnesty International says in a report that urged the government to better protect foreign laborers.

“Migrant workers come to Malaysia to escape poverty and to provide for their families. Once they arrive, however, many workers toil in conditions that amount to labor exploitation,” the London-based rights group said in a report released Wednesday.

Malaysia depends heavily on foreign laborers, who make up more than a fifth of the country’s work force and fill jobs at construction sites, factories, restaurants, households and palm oil plantations.

But lower-than-promised wages, unsafe working conditions, and arbitrary arrests and extortion are common, said Amnesty.

An Amnesty team visited Malaysia in July 2009 and interviewed more than 200 workers — both legal and illegal — for the 100-page report titled “Trapped — The Exploitation of Migrant Workers in Malaysia.”

Malaysia’s Human Resource Minister S. Subramaniam denied foreign workers faced discrimination, saying they had the same rights as Malaysian workers. He said they could bring complaints of mistreatment to the Labor Department, which solved most cases speedily.

“The system of bringing in foreign workers is a well established legal system … It is fair to everybody,” he told The Associated Press. “We offer the same kind of protection to foreigners (as to locals)… We don’t protect employers who exploit workers.”

In its report, Amnesty urged Malaysia to increase workplace inspections and step up prosecution of those who mistreat workers.

It also called on the country to amend laws to guarantee better conditions and to stop employers or recruitment agents from holding workers’ passports, which restricts their ability to move about.

“The government of Malaysia has a responsibility to prevent … abuses, which can include exploitation, forced labor, and trafficking in persons. Too often, the state fails to do so,” Amnesty said. “Much of Malaysia’s approach to migration is effectively to criminalize it, even though the country could not function without migrant labor.”

Amnesty said it found that migrant workers, brought to Malaysia by agents, are often deceived about their pay, the type of job — some don’t even get work — and their legal status in the country.

Some workers are also held at their workplace by threat or violence, the report said. Three women from Myanmar, working as tailors, recounted how their employers called gangsters to intimidate and force them to work throughout the night.

About 2 million foreigners work in Malaysia legally, and an estimated 1 million more work illegally. Most come from poorer Indonesia. Others are from Bangladesh, India, Nepal, Myanmar, the Philippines and Vietnam. They mostly fill jobs shunned by locals in this relatively wealthy Southeast Asian nation.

Amnesty said authorities indiscriminately stop those looking “poor and foreign” under the guise of checking their papers but often these are “moneymaking ventures, nothing more than opportunities for extortion.” — AP

Malaysian govt to offer amnesty for illegal foreign workers

Dharmender Singh, The Star
Publication Date : 21-05-2010

The Malaysian government will soon offer amnesty again to hundreds of thousands of illegal foreign workers, with the chance to return home without facing action.

To control the entry of foreign workers, the levy will also be increased from next year based on their number in each sector and the workers’ skills.

Deputy Prime Minister Muhyiddin Yassin, who announced this yesterday (May 20), said the integrated biometric identification system would have to be in place before the programme could be implemented.

He said foreigners who entered the country illegally or overstayed after their work permits expired would be offered amnesty once the home ministry updated the system.

“The biometric identification system is necessary to ensure that we record the entry of all visitors and workers into the country. It will include work to update and coordinate all hardware, software and data managed by different agencies and ministries.

“We will leave it to the home ministry, namely the immigration department, to implement it as soon as possible,” Muhyiddin told a news conference after chairing the Cabinet Committee on Foreign and Illegal Workers meeting here yesterday.

The amnesty programme was among 50 recommendations made to the Cabinet committee by the Life Laboratory on Issues of Foreign and Illegal Foreign Workers on ways to resolve various related issues.

Yesterday’s meeting, which discussed the recommendations, was attended by representatives from 17 ministries and agencies, including home minister Hishammuddin Hussein, Attorney-General Abdul Gani Patail and Inspector-General of Police Musa Hassan.

This will be the third amnesty programme for foreigners illegally working mainly in plantations, construction sites, factories, restaurants and the domestic maid sector.

Two previous such exercises, conducted in 2002 and 2004, saw hundreds of thousands of such workers heading home.

The Malaysian Trades Union Congress recently urged the government to make another amnesty offer, saying that the last one resulted in 230,000 taking up the offer.

Muhyiddin said the government would also be looking into existing legislation and the possibility of introducing new regulations to curb the problem of illegal foreign workers, as it was important to ensure full enforcement once the amnesty period expired.

“After the amnesty offer expires, we will act against all those who harbour foreign workers without permits,” he said.

Asked if the government would bear the cost of sending the workers home, he said it would not bear the full cost as employers were also to be held responsible.

Hishammuddin said each agency or ministry which had work related to foreign workers had their own systems to monitor different aspects of foreigners in the country.

Malaysia mulls amnesty again

The Daily Star, 24 May 2010

Malaysia will soon offer an amnesty to the foreign workers, allowing them to return home without facing any penalties, reported a Malaysian newspaper on May 21.

As part of its plan to control the entry of the foreign workers, the government of the Southeast Asian country will also increase levy from next year, Malaysia’s Deputy Prime Minister Tan Sri Muhyiddin Yassin said.

Yassin said the foreigners who entered the country illegally or overstayed after their work permits expired would come under the amnesty, reported The Star Online.

The announcement is important for Bangladesh, as around 5 lakh Bangladeshis are working there and a good number of them are believed to have been on irregular status.

However, according to earlier investigations by The Daily Star many workers maintained all procedures to go to that country and work, but their employers did not help them get work permits ultimately making them irregular.

An integrated biometric identification system will have to be in place before the amnesty programme is implemented, Yassin told a news conference after chairing the Cabinet Committee on Foreign and Illegal Workers meeting in Putrajaya.

This will be the third amnesty programme for foreigners illegally working mainly in plantations, construction sites, factories, restaurants and the domestic maid sector.

Two previous such exercises, conducted in 2002 and 2004, saw hundreds of thousands of such workers heading home.

The Malaysian Trades Union Congress recently urged the government to make another amnesty offer.

Yassin said the government would also be looking into existing legislation and the possibility of introducing new regulations to curb the problem of illegal foreign workers.

“After the amnesty offer expires, we will act against all those who harbour foreign workers without permits,” he said.