To promise an amnesty and then to back-track and break those promises does not forge greater trust in the authorities, remarks Angeline Loh.
Immigration detainees at the Lenggeng Detention Centre, Malaysia, 23 July 2009 - Photo courtesy of Amnesty France Flickr
The recent announcement by the Federal authorities that the
deadline for registration of undocumented migrant workers was extended
to 10 April 2012 seems to be a misrepresentation, misleading employers,
undocumented migrant workers, asylum seekers and refugees.
Crackdowns had already started even before the last deadline on 15
February prior to this extension and are still continuing long before
the new deadline.
Neither the Minister of Home Affairs nor the immigration authorities
have made public any reasons for launching these crackdowns on
undocumented migrants, asylum seekers and confirmed refugees during this
amnesty period.
Migrants and human rights NGOs – Tenaganita and Suaram – have
reported arrests and possible deportation of about 323 supposedly
undocumented migrants from 11 February to 5 March. This number, however,
includes persons with official UNHCR refugee status as well as asylum
seekers protected by international law.
The use of deception as a ruse to corner and deport undocumented
migrants, refugees and asylum seekers flies in the face of customary
international human rights and refugee law. It indicates the extent to
which the government of this country may be trusted by the international
community as well as its own citizens.
To promise an amnesty for undocumented migrant workers, negotiate
humanitarian agreements with the UN refugee agency and other interested
parties, yet to subsequently back-track and break these promises, does
not forge greater trust in the Malaysian government. The government
looks set to continue its ‘war on migrants’ that has intensified since
2004.
6P Registration – Going nowhere
A registration exercise to collect biometric data was carried out in
August 2011 on refugees in the Klang Valley, at Putrajaya. Since then,
nothing more has been heard about this programme or if the data
collected has been used to identify refugees, amongst other measures
that may assist in setting up a more comprehensive and updated
immigration system to deal with current migration issues.
Moreover, the 6P registration of undocumented migrant workers appears
to be going nowhere. According to media reports since last year,
employers trying to get their foreign workers registered have faced
long delays and queues merely to obtain queue numbers. Foreign workers
had to be brought by their employers to Putrajaya from all corners of
the country and had to wait days just to be registered.
There were also complaints about the slow pace at which immigration
department staff worked and the breakdown of equipment used for
electronic data collection. In some cases, foreign workers and employers
were kept waiting at the immigration office for a whole day, only to be
asked to return to the immigration office the next day to start the
same process all over again.
Keeping workers and employers in limbo only causes work stoppages
incurring daily losses, slow and reduced production of goods and
services, or complete shutdowns that could end in the bankruptcy of many
SMEs. Moreover, the current crackdowns on undocumented migrant workers
without fair warning to either workers or employers and the
non-compliance with government-set deadlines for an amnesty will disrupt
operations to the disadvantage of both workers and the employers on
whom they depend. This also creates an artificial labour shortage
without any back-up labour force or compensation for arbitrary
redundancy or loss of investment.
Immigration crackdowns detrimental to economy
Further, employers of undocumented migrant workers not yet
registered face a maximum fine of RM50,000 and a twelve month jail term
for each undocumented employee (Section 55B Immigration Act 1959/63).
Attacking foreign employees and their employers would only bring about a
lose-lose economic situation for smaller businesses in Malaysia, which
contribute substantially to local investment in goods and services.
The other short-sighted measure instituted by the authorities is the
prohibition on employing refugees present in the country.
UNHCR-confirmed refugees number nearly 100,000. A number of refugees are
reasonably able-bodied and of employable age. There are also refugees
who were holding skilled jobs or were trained in skilled work before
leaving their countries as refugees. Further, in comparison to the
estimated number of undocumented foreign workers (2.6 m according to
Tenaganita) in the country, 100,000 refugees is far smaller in number.
There is no reason why refugees with skills should be kept outside
the labour force and prohibited from contributing to the economy of the
country where they are seeking some security – even if it may be
temporary. In view of the short-term contracts given to other foreign
workers, working temporarily in the country should not pose a problem
for an employer as the employer can quite easily employ a replacement
worker. Better still, if the employer uses the trained refugee-worker to
train other workers to replace them before they leave the country to
be resettled or voluntarily return to their own countries.
There are many constructive solutions to the labour shortage in
Malaysia and to the apparently overwhelming immigration problems
Malaysia faces. But the biggest problem faced by the rakyat now is the
dismal lack of political will to initiate and institute these
constructive solutions for a better Malaysia. Those taking the
initiative privately to use the labour and skills available regardless
of legal status are deemed to be breaking the law under the Immigration
Act. This dilemma leaves a pool of ready labour being un-utilised and
apparently ‘punished’ for being victims of unjust persecution in their
home countries – while leaving employers and local businesses uncertain
of their future survival.
This entrapment ruse by the Ministry of Home Affairs and the
immigration authorities is purposeless, unjustified and is of no benefit
to the economy, the foreign migrants, refugees or the country.
Politicising immigration and migrants can only be interpreted as
emotionalising an apparently sensitive issue to gain political mileage
by diverting public attention to unresolved migration problems ahead of
Malaysia’s coming general election.
The adhoc and secretive actions of the federal authorities relating
to undocumented migrants, asylum seekers and refugees in Malaysia prompt
us to ask why, since the 1970s, when refugees first arrived in
Malaysia, the government has refrained from developing a better
immigration system to cope with new migration trends and problems in the
region. The government has also neglected to continuously monitor the
effects of its sweeping foreign labour and migration policies, leaving
problems to fester until they become unmanageable. Instead, it has used
ever increasing numbers of security enforcers like Rela while condoning
flagrant human rights abuses as its sole solution.
Angeline Loh is an Aliran executive committee member
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