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The recent status report given by the Home Ministry together with the new deadline for April 10 2012 reveals that out of the 1.3 million undocumented workers registered into the biometric system, 1 million or more still remain as undocumented workers with no work permits or permits rejected by the Immigration department. It is indeed a clear sign of a program doomed to fail. The 6P program is hailed by the government as an effective means to resolve the problem of ‘illegal migrants and workers’ in Malaysia. There are two problematic premises here: Firstly, it places the burden of proof of her legality of stay in Malaysia on the migrant and refugee, who in actual fact has no control over existing legislation and labour practices that render him/her undocumented., Secondly, it reinforces the inhumane notion that any person without adequate administrative documents is not worthy of existing (illegal), and should be treated with the harshest of punishments, including torture (whipping), restriction of fundamental freedoms (detention) and forced return. The reality, however, is that in the case of migrant workers, through a system that facilitates corruption by agents and employers, institutionalized labour trafficking through the practice of outsourcing, and widespread cheating by recruitment agents, 80% of migrants become undocumented in Malaysia. The power to renew the work permit also lies with the employer or the agent, not the migrant, but the current enforcement and legal framework’ holds the migrant accountable when employers shirk their responsibilities. In the case of refugees, an absence of a legal framework to recognize and protect refugees renders them ‘undocumented’. Almost 100, 000 refugees are registered with the United Nations High Commissioner for Refugees (UNHCR), while tens of thousands more wait in line to seek asylum. Without any legislation or comprehensive policies to protect the rights of refugees, genuine asylum-seekers who have yet to be registered with UNHCR are treated as criminals who have breached Immigration laws; while in the case of registered refugees, enforcement officers arbitrarily either acknowledge or reject their UNHCR-issued documents. In both instances, refugees in Malaysia are subjected to arrest, detention, even whipping and deportation (a violation of the international principle of non-refoulement). The State renders the refugee ‘undocumented’ – the State therefore must be held accountable, not the refugee. The Malaysian government is overdue in rectifying this institutionalized breach of human rights. In addition to these notoriously unjust premises of the 6P, the implementation of the programme has thus far been chaotic and lacking in transparency and accountability. The Home Minister has also been bullish and bloating in a force of power; stating that 4 million enforcement personnel, including 2.8 million civilians clothed as RELA are waiting to pounce on migrants (a threat also on the refugee community). The fear and terror is intense in the migrant and refugee community. On 11th February 2012 (four days before the then deadline of 15th February), between 100 to 200 migrants (including refugees) were arrested near Pasar Seni (Central Market), Kuala Lumpur. Eyewitnesses state that immigration officers placed ‘yellow tags’ on the migrants and refugees, before carting them away into 4 Immigration trucks. Despite contacting the Immigration Department for more information, Tenaganita (but more importantly, the migrants & refugees) do not know the reasons for their arrest; there is no transparency in the numbers of migrants and refugees arrested, nor do we know where they are detained. Mahmood Adam, Secretary-General of the Home Ministry in a press statement issued on 14th February 2012 stated that 94,856 migrants have been deported since the 6P programme began. No further information was provided about these migrants; what are their nationalities? Why were they deported? Are they persons of concern / asylum seekers? We’ve received unconfirmed reports that there may be detainees from Myanmar, Sri Lanka, Afghanistan, Lebanon and Kashmir currently in the KLIA Depot – are they potential asylum seekers waiting to be deported? These questions are even more urgent in the context of Malaysia flagrantly endangering the lives of asylum seekers, as clearly seen in the rapid deportation of Hamza Kashgari, the Saudi Arabian asylum seeker (2012) and in the deportation of 11 Uighur refugees back to China (2011). The guise of a ‘migration management programme’ to deport persons of concern to the international community cannot continue, and the Malaysian government must meet the demands of transparency and accountability, as its actions have detrimental consequences to the lives of people. The lack of transparency, clarity and goodwill throughout the 6P programme has not only created anxiety among migrants, refugees and even employers, but it has also swung the doors for corruption wide open. As of December 2011, 2.6 million migrants came forward to register under the 6P, half of whom were undocumented migrants. Despite the uncertainties, migrants have demonstrated a clear willingness to ‘regularize’ their status in Malaysia. Many migrants have paid the initial RM300 to agents for registration under the biometric system (an amount sanctioned by the Malaysian government, before it was reduced to RM35 amidst criticism) and then between RM3000 to RM4000 for work permits (also to agents). According to the Home Ministry, however, only 379,020 undocumented migrants working for 33,053 employers have been legalized. More than 70% remain undocumented – not only is this a colossal waste of money for the 1 million migrants who registered under the programme, it also raises serious questions as to where (or to whom) this money has been channeled to. This also leaves these 1 million migrants in a state of terrifying limbo, as the marching drums of 4 million enforcement officers coming their way grow louder. Some agents (approved by the Home Ministry) have also expressed frustration with this 6P programme. The applications for work permits (for migrant workers) have been rejected because the factories are either operating illegally or are built on land designated for agriculture. Illegal factories are not the fault of the workers, but this rejection of applications will undoubtedly affect migrants who will be the target of arrest and detention. It is the responsibility of the government to address the issue of illegal factories, which is a national phenomena and a consequence of corruption. Migrants should not be targeted for this failure of the State to practice good governance. Before any of these problems are addressed, our sources inform us that new recruitment of migrant workers from Bangladesh will begin in June 2012, especially for placements in FELDA schemes. Why is there a need for new recruitment when more than a million migrants are registered and waiting to be ‘regularised’? Will the failure of this amnesty program called 6P be the rationale for the government to approve new recruitment of migrant workers? And will the recruitment of migrants be used again as a means for political financing as revealed in the graft trial of the Director-General of Immigration in 2007? Understanding that lists of names and fingerprints do not rectify the structural flaws in our migration system, the 6P begs the question if there is a greater incentive to maintaining the status quo. The Home Minister seems to be in a state of self-inflicted paralysis when it comes to accountability and addressing the embedded corruption in our migration system. The government appears intent in continuing this oppressive and corrupt system that continuously profits from the poor and vulnerable. Through this, there is continued disrespect for fundamental human rights of people especially migrants and refugees. Tenaganita therefore calls for: 1. The immediate halt to the crackdown on migrants and refugees 2. The release of detainees, and an end to forced deportations of migrants and refugees 3. A systematic plan to address the structural flaws in our migration system, including enacting legalisation to recognize refugees and a comprehensive rights-based policy for the recruitment, placement and employment of migrants and refugees in Malaysia. We also firmly call for an immediate end to the attacks on migrants and refugees for the failures of the State. DR IRENE FERNANDEZ - Executive Director of Tenaganita (The views expressed above belongs to the author in its entirety and does not represent the opinion of Malaysian Mirror in any way) | |||
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The recent status report given by the Home Ministry together with the new deadline for April 10 2012 reveals that out of the 1.3 million undocumented workers registered into the biometric system, 1 million or more still remain as undocumented workers with no work permits or permits rejected by the Immigration department. It is indeed a clear sign of a program doomed to fail. The 6P program is hailed by the government as an effective means to resolve the problem of ‘illegal migrants and workers’ in Malaysia. There are two problematic premises here: Firstly, it places the burden of proof of her legality of stay in Malaysia on the migrant and refugee, who in actual fact has no control over existing legislation and labour practices that render him/her undocumented., Secondly, it reinforces the inhumane notion that any person without adequate administrative documents is not worthy of existing (illegal), and should be treated with the harshest of punishments, including torture (whipping), restriction of fundamental freedoms (detention) and forced return. The reality, however, is that in the case of migrant workers, through a system that facilitates corruption by agents and employers, institutionalized labour trafficking through the practice of outsourcing, and widespread cheating by recruitment agents, 80% of migrants become undocumented in Malaysia. The power to renew the work permit also lies with the employer or the agent, not the migrant, but the current enforcement and legal framework’ holds the migrant accountable when employers shirk their responsibilities. In the case of refugees, an absence of a legal framework to recognize and protect refugees renders them ‘undocumented’. Almost 100, 000 refugees are registered with the United Nations High Commissioner for Refugees (UNHCR), while tens of thousands more wait in line to seek asylum. Without any legislation or comprehensive policies to protect the rights of refugees, genuine asylum-seekers who have yet to be registered with UNHCR are treated as criminals who have breached Immigration laws; while in the case of registered refugees, enforcement officers arbitrarily either acknowledge or reject their UNHCR-issued documents. In both instances, refugees in Malaysia are subjected to arrest, detention, even whipping and deportation (a violation of the international principle of non-refoulement). The State renders the refugee ‘undocumented’ – the State therefore must be held accountable, not the refugee. The Malaysian government is overdue in rectifying this institutionalized breach of human rights. In addition to these notoriously unjust premises of the 6P, the implementation of the programme has thus far been chaotic and lacking in transparency and accountability. The Home Minister has also been bullish and bloating in a force of power; stating that 4 million enforcement personnel, including 2.8 million civilians clothed as RELA are waiting to pounce on migrants (a threat also on the refugee community). The fear and terror is intense in the migrant and refugee community. On 11th February 2012 (four days before the then deadline of 15th February), between 100 to 200 migrants (including refugees) were arrested near Pasar Seni (Central Market), Kuala Lumpur. Eyewitnesses state that immigration officers placed ‘yellow tags’ on the migrants and refugees, before carting them away into 4 Immigration trucks. Despite contacting the Immigration Department for more information, Tenaganita (but more importantly, the migrants & refugees) do not know the reasons for their arrest; there is no transparency in the numbers of migrants and refugees arrested, nor do we know where they are detained. Mahmood Adam, Secretary-General of the Home Ministry in a press statement issued on 14th February 2012 stated that 94,856 migrants have been deported since the 6P programme began. No further information was provided about these migrants; what are their nationalities? Why were they deported? Are they persons of concern / asylum seekers? We’ve received unconfirmed reports that there may be detainees from Myanmar, Sri Lanka, Afghanistan, Lebanon and Kashmir currently in the KLIA Depot – are they potential asylum seekers waiting to be deported? These questions are even more urgent in the context of Malaysia flagrantly endangering the lives of asylum seekers, as clearly seen in the rapid deportation of Hamza Kashgari, the Saudi Arabian asylum seeker (2012) and in the deportation of 11 Uighur refugees back to China (2011). The guise of a ‘migration management programme’ to deport persons of concern to the international community cannot continue, and the Malaysian government must meet the demands of transparency and accountability, as its actions have detrimental consequences to the lives of people. The lack of transparency, clarity and goodwill throughout the 6P programme has not only created anxiety among migrants, refugees and even employers, but it has also swung the doors for corruption wide open. As of December 2011, 2.6 million migrants came forward to register under the 6P, half of whom were undocumented migrants. Despite the uncertainties, migrants have demonstrated a clear willingness to ‘regularize’ their status in Malaysia. Many migrants have paid the initial RM300 to agents for registration under the biometric system (an amount sanctioned by the Malaysian government, before it was reduced to RM35 amidst criticism) and then between RM3000 to RM4000 for work permits (also to agents). According to the Home Ministry, however, only 379,020 undocumented migrants working for 33,053 employers have been legalized. More than 70% remain undocumented – not only is this a colossal waste of money for the 1 million migrants who registered under the programme, it also raises serious questions as to where (or to whom) this money has been channeled to. This also leaves these 1 million migrants in a state of terrifying limbo, as the marching drums of 4 million enforcement officers coming their way grow louder. Some agents (approved by the Home Ministry) have also expressed frustration with this 6P programme. The applications for work permits (for migrant workers) have been rejected because the factories are either operating illegally or are built on land designated for agriculture. Illegal factories are not the fault of the workers, but this rejection of applications will undoubtedly affect migrants who will be the target of arrest and detention. It is the responsibility of the government to address the issue of illegal factories, which is a national phenomena and a consequence of corruption. Migrants should not be targeted for this failure of the State to practice good governance. Before any of these problems are addressed, our sources inform us that new recruitment of migrant workers from Bangladesh will begin in June 2012, especially for placements in FELDA schemes. Why is there a need for new recruitment when more than a million migrants are registered and waiting to be ‘regularised’? Will the failure of this amnesty program called 6P be the rationale for the government to approve new recruitment of migrant workers? And will the recruitment of migrants be used again as a means for political financing as revealed in the graft trial of the Director-General of Immigration in 2007? Understanding that lists of names and fingerprints do not rectify the structural flaws in our migration system, the 6P begs the question if there is a greater incentive to maintaining the status quo. The Home Minister seems to be in a state of self-inflicted paralysis when it comes to accountability and addressing the embedded corruption in our migration system. The government appears intent in continuing this oppressive and corrupt system that continuously profits from the poor and vulnerable. Through this, there is continued disrespect for fundamental human rights of people especially migrants and refugees. Tenaganita therefore calls for: 1. The immediate halt to the crackdown on migrants and refugees 2. The release of detainees, and an end to forced deportations of migrants and refugees 3. A systematic plan to address the structural flaws in our migration system, including enacting legalisation to recognize refugees and a comprehensive rights-based policy for the recruitment, placement and employment of migrants and refugees in Malaysia. We also firmly call for an immediate end to the attacks on migrants and refugees for the failures of the State. DR IRENE FERNANDEZ - Executive Director of Tenaganita (The views expressed above belongs to the author in its entirety and does not represent the opinion of Malaysian Mirror in any way) Source : http://malaysianmirror.com/ | |||
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