Refugees’ right to work

MALAYSIA is not a state party to the 1951 Refugee Convention and its 1967 Protocol, and so it does not recognise refugee status or provide rights for refugees, including employment rights.

Despite that, refugees have been working in the informal sector all this while to survive, and Malaysian authorities turn a blind eye. They are mostly unskilled labourers who work in 3D sectors. There are also refugees with professional qualifications.

Without employment rights, refugees are often exploited and abused. The issue of employment rights for refugees also affects employers who hire them.

In 2013, the Malaysian Government announced that it would issue work permits and provide training for refugees living in Malaysia, but this plan did not materialise.

Recently, the Home Minister again announced that thousands of Rohingya who have been granted refugee status by UNHCR would be able to take up employment opportunities in sectors that are “appropriate, safe and easily monitored by the authorities” through a pilot project.

There are articles and sections in existing Malaysian laws, and the international conventions and declarations that Malaysia signed, that are supposed to make it legal for refugees to gain employment rights.

Both citizens and non-citizens are entitled to rights enshrined in the Federal Constitution. This includes the right to be engaged in lawful and gainful employment.

Article 8 (1) of the Federal Con­sti­tution says that “All persons are equal before the law and entitled to the equal protection of the law”.

The Industrial Court also agreed in Ali Salih Khalaf v. Taj Mahal Hotel that the equality of UNHCR-registered refugees under the law is also reflected in the Employment Act 1955 and Industrial Relations Act 1967.

Malaysia had temporary residence permits called IMM13, permissible under section 55(1) of its Immigration Act, which states that the Minister can exempt “any person or group of persons from the provisions of the Act”.

Acehnese, Rohingya and Moro refugees were issued with these permits that allowed them to remain legally in Malaysia and engage in lawful employment.

In an amendment of Section 516 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act in December 2015, the Council of Anti-Trafficking in Persons and Anti-Smuggling of Migrants may give permission to any trafficked person who has been granted a Protection Order to move freely or to be employed, engaged or contracted in any occupation.

As some of the refugees, especially Rohingya, were victims of human trafficking, they should be protected and allowed to work under this Act.

Two important aspects mentioned in the Universal Declaration of Human Rights are in Article 14, which is the right to seek asylum from persecution, and Article 23, which outlines the rights to employment without discrimination to everyone. As a member of the United Nations Security Council, Malaysia is supposed to uphold the human rights principles enshrined in this Declaration.

Article 16 in the ASEAN Human Rights Declaration states that “Every person has the right to seek and receive asylum in another State..” while Article 27 (1) states that “Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes for the unemployed”.

Malaysia is also a signatory to the Cairo Declaration on Human Rights in Islam Declaration, adopted by the Organisation of Islamic Cooperation, which views human rights issues from the Islamic perspective within the Syariah framework.

Article 12 mentions that “Every man... if persecuted, is entitled to seek asylum in another country”. Article 13 states that “Work is a right guaranteed by the State and Society for each person able to work”.

Being a Muslim world champion, Malaysia needs to show its compassion for human rights by complying with this declaration.

The existing national laws and international instruments in place already provide legal obligations for Malaysia to grant employment rights for all refugees in Malaysia.

The right to work should be extended to all refugees in Malay­sia because no one should ever be discriminated against, based on their ethnicity, nationality or religion.

ASLAM ABD JALIL

Master of Public Policy student

International Institute of Public Policy and Management

Universiti Malaya

http://www.thestar.com.my/

Malaysia receives 68 migrants from Syria

SUBANG JAYA: Malaysia received 68 Syrian migrants who are seeking refuge from the conflict-torn country Saturday.

The group, consisting of 18 families with 31 children as young as seven-months, arrived in a chartered plane at the Subang Royal Malaysian Air Force (RMAF) base at about 11am.

With their bags in tow, the refugees disembarked from the plane to a round of applause from the ground staff, members of non-governmental organisations and politicians waiting below.

Among those welcoming the Syrians were Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi and Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim.

"The presence of our brothers and sisters from Syria today renews our commitment, as put forward by our Prime Minister last year, to help solve the problem in Syria and in other Middle Eastern countries now," Dr Ahmad Zahid said in a short ceremony at the base observation lounge.

He stressed that the migrants were being housed in Malaysia on a temporary basis and that they will be issued a temporary pass and other relevant documents to remain here until the situation in Syria stabilises.

In the meantime, Dr Ahmad Zahid said that the Home Ministry would issue temporary work permits to allow the adult migrants, some of whom were engineers, doctors and lecturers, to find work here.

The children would be issued student visas to study in kindergartens, primary and secondary schools and in universities.

They will be housed at a condominium in Setia Alam, with families being allocated a three-bedroom apartment each, he said.

Private companies have helped to sponsor the families during their stay here.

The migrants' movements will be monitored by NGOs and Ministry officials.

At the United Nations General Assembly in New York last year, Prime Minister Datuk Seri Najib Tun Razak had announced that Malaysia would open its doors to 3,000 Syrian migrants over the next three years to help alleviate the refugee crisis.

About four million Syrian refugees have fled into neighbouring countries since the start of the civil war there in 2011.

Malaysia received 11 Syrians in the first batch of arrivals in December last year.

Dr Ahmad Zahid said Malaysia had targeted 150 Syrian migrants to be brought in for the second batch but had to narrow it down to 68 after some did not pass health or security checks.

In his speech, Dr Ahmad Zahid also suggested that some migrants made the cut but chose not to come to Malaysia because they may have had "the wrong perception" of the country.

"Malaysia is not the United States or a European country so maybe that is why they did not want to come. Maybe they don't know the situation here and that we are a peaceful country with a caring Government and nation.

"I am sure after they hear from the 68 that have come, they will regret not coming here," he said in his speech.

He said Malaysia aimed to bring in another 200 Syrians during the Ramadan fasting month and was in the process of screening migrants in the Bekaa Valley Syrian refugee camp in Lebanon.

Professional, semi-skilled Syrian refugees eligible to receive minimum wages, says minister -

Human Resources Minister Datuk Seri Richard Riot (right) meeting delegates of the 7th Regional Tripartite Social Dialogue Conference for Growth, Employment and Sound Industrial Relations in the Service Sectors in Asean, Oct 12, 2015. — Bernama pic

KUALA LUMPUR, Oct 12 — The 3,000 Syrian refugees, preferably professional and semi-skilled, which Malaysia will accept over the next three years are eligible to receive minimum wages upon selection to work in this country.

Human Resources Minister Datuk Seri Richard Riot said this was based on the Convention of the International Labour Organisation (ILO), namely the Convention 100 - Equal Remuneration Convention, 1951 (No. 100), which Malaysia had ratified way back in 1998.

“Based on that convention, Malaysia cannot discriminate them (Syrian refugees), especially in terms of salaries between foreign and local workers.

He was speaking to reporters after opening the 7th Regional Tripartite Social Dialogues For Growth, Employment And Sound Industrial Relations In The Services Sectors in Asean: “Managing Labour Market In An Integrated Asean here today.

On Oct 2, Prime Minister Datuk Seri Najib Razak, while addressing the 70th Session of the United Nations General Assembly said Malaysia would open its doors to 3,000 Syrian migrants to help alleviate the refugee crisis.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi later said Malaysia would give preference to professional and semi-skilled people in accepting the Syrian refugees.

Meanwhile, in his opening speech at the dialogue, Riot said the establishment of the Asean Economic Community (AEC) by year-end would certainly impact the region’s labour market.

He said, based on a study conducted by ILO and the Asian Development Bank (ADB), it was suggested that Asean economic integration, if not managed properly, might worsen the economic inequalities.

Riot also pointed out that while AEC would definitely further stimulate demand for increased flexibility in the labour market, it might pose risks to social protection for workers if not properly regulated.

Therefore, the minister said, all Asean members must be prepared for the impact by building up effective social protection system for workers.

Riot said effective social protection system, including dynamic labour laws must be put in place to ensure adaptability of employers and employees.

On Malaysia’s part, he pointed out to the delegates that the country had sought ways to improve the state of its labour protection system, including establishment of the National Wages Consultative Council (NWCC) in 2011.

He said NWCC’s main function was to recommend the rates of minimum wages, coverage and implementation to the government, which subsequently resulted in the establishment of the Minimum Wages Order in 2012, while the full implementation of the policy commenced last year.

Besides that, he added, Malaysia had also explored the feasibility of introducing an employment insurance system to provide financial and training assistance to retrenched workers to facilitate their re-employment.

Touching further on the dialogue, Riot hoped they would strengthen the network, collaborate and work in partnership to manage the labour market, complement economic and trade policies, as well as grow the economy nationally and collectively at the Asean level.

The two-day tripartite dialogue, organised by the Asean Services Employees Trade Union Council is an initiative aimed at advancing social dialogue in Asean to ensure the inclusion of the Decent Work Agenda to the development of the Asean Community. — Bernama

- See more at: http://www.themalaymailonline.com

Syrian refugees will be paid same wages as locals if they get employed

KUALA LUMPUR:Syrian refugees will be paid the same wages as local workers if they are employed, but as of now, government policy does not allow refugees to hold jobs.

Human Resources Minister Datuk Seri Richard Riot Jaem said under the International Labour Organisation (ILO) and the Employment Act, there can be no discrimination in wages, but pointed out that Malaysia does not allow refugees to hold jobs.

"Under the International Labour Organisation (ILO) and the Employment Act, there can be no discrimination in wages, refugees will be paid the same amount as local employees.

"But as of now, they are not allowed to work in Malaysia," Richard told the press when asked to comment on the government's plans to provide some 3,000 Syrian refugees temporary jobs.

He said the same applies to all refugees under the United Nations Refugee Agency (UNHCR) and it is up to the government to decide otherwise.

Riot was commenting on the government's plan to provide temporary jobs to some 3,000 Syrian refugees.

Prime Minister Datuk Seri Najib Abdul Razak declared at the United Nations General Assembly that Malaysia will be taking in about 3,000 refugees from war-torn Syria.

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi then announced that preference will be given to skilled labour and professionals and they will be provided temporary employment.

Ahmad Zahid's Deputy, Datuk Nur Jazlan, also said that details on how to accommodate the refugees has not been finalised.

Earlier, Riot delivered the keynote address at the 7th Regional Tripartite Social Dialogue for Growth, Employment, and Sound Industrial Relations in the Services Sector in ASEAN.

During his speech, he announced the establishment of the ASEAN Economic Community (AEC) at the end of the year to encourage free movement of goods, services, investment, skilled labour, and capital flow.

Richard also said Malaysia, like the rest of ASEAN, is facing a shortage of skilled workers and will need to recruit more foreign labour if the issue is not addressed.

Additionally, Richard said Malaysia is currently reviewing its minimum wage, but later told reporters the government's decision is currently on embargo and will be announced in due time.

He said the government is currently studying the feasibility of an Employment Insurance System (EIS) to provide financial and training assistance for retrenched workers.

Syrian refugees in Malaysia will get special ID card

BY LOSHANA K SHAGAR AND JASTIN AHMAD TARMIZI

KUALA LUMPUR: Malaysia will be issuing a special identification card for the 3,000 Syrian refugees it will be accepting into the country.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said the Home Ministry, will facilitate the arrival of the refugees based on current laws through the Immigration Department.

"Usually the UNHCR will work with the International Organisation of Migrants (IOM) to issue cards for the refugees that enter Malaysia.

"This time, we will issue iKad for the refugees. The iKad will have security elements embedded into the card for the use of the Immigration Department," he told a press conference after the Special Asean Ministerial Meeting on the Rise of Radicalisation and Violent Extremism (SAMMRRAVE) here Friday.

At the United Nations General Assembly in New York yesterday, Prime Minister Datuk Seri Najib Tun Razak had announced that Malaysia would open its doors to 3,000 Syrian migrants over the next three years to help alleviate the refugee crisis.

About four million Syrian refugees have fled into neighbouring countries since the start of the civil war there in 2011.

Dr Ahmad Zahid said Malaysia's move to accept 3,000 Syrian refugees over the next three years was based on a humanitarian basis, without regard for religious or political stands.

"Malaysia had experience with this before when we accepted refugees from Bosnia, and we were not only praised for it, but the gesture paid off eventually,” said Dr Ahmad Zahid.

He added that many Bosnian refugees who studied here during that period are now holding major positions in various fields, back in Bosnia and Herzegovina.

"They contributed to Malaysia's efforts to bringing up our good work on an international level," he said.

Asked when the Syrian refugees will be arriving and where will they be placed, Dr Ahmad Zahid said that will be discussed with Najib first.

"We have not gone into the details yet. We are thinking of working with the private sector to help place them, give the refugee children an education and also to provide temporary jobs until they are able to return to Syria," he said.

- TheStar

Malaysia To Offer Shelter, Jobs, Education To Syrian Refugees

AS a Muslim nation that will “not turn its face away”, Malaysia will open its doors to 3,000 Syrian migrants over the next three years to help with its refugee crisis, said Datuk Seri Najib Tun Razak.

The Prime Minister said Muslim countries were partly responsible for the marginalised Syrians fleeing their country, causing social and economic stresses in Europe.

About four million Syrian refugees are estimated to have fled into neighbouring countries over the last four years and are struggling with hardship and poverty.

Malaysia is one of the few Muslim countries taking the lead to aid Syrian refugees besides providing shelter for refugees from elsewhere.

“This is why Malaysia has taken, over the years, many people fleeing war, starvation and persecution,” he said at the 70th session of the United Nations General Assembly in New York on Thursday.

Najib said new international solutions were needed to deal with the plight of the Syrians.

Malaysia will offer shelter and jobs temporarily to 3,000 Syrian refugees as well as education access for their children while in this country.

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said accepting the refugees showed the compassion of the government over the fate of Syrian refugees.

"What is important is tp provide shelter for them and their families, and we will also look at various ways to provide education for their children.

"We will use our experience in dealing with refugees so that we can provide temporary shelter, education and jobs to them until there is peace in Syria, after which they can return to their country," he told reporters after the Asean Special Ministerial Meeting on Radicalism and Extremism.

Prime Minister Datuk Seri Najib Razak, in his speech at the 70th General Assembly of the United Nations on Thursday had announced Malaysia's willingness to accept 3,000 Syrian refugees within the next three years to help in the refugee crisis involving Syrian citizens.

Najib said Muslim nations were partly responsible for the well-being of the Syrians who were displaced from their country in large numbers, which had also caused economic and social stress in Europe.

Ahmad Zahid, who is also Home Minister, said Malaysia had experience in providing assistance to the people of countries in turmoil including Bosnia-Herzegovina and had been praised internationally.

"Then, we had Bosnian students studying at the International Islamic University, Malaysia. They are now key leaders in Bosnia in politics and the corporate sector as well as in their professions," he said.

As such, Ahmad Zahid said, Malaysians regardless of race and religion, should support the Prime Minister's plans to help the people of Syria.

He said the Home Ministry through the Immigration Department will arrange e the entry of the Syrian refugees under existing Immigration regulations.

He said the ministry will also collaborate with the International Organisation for Migration and the United Nations High Commissioner for Refugees (UNHCR) to issue refugee cards with security features to them.

Asked when the refugees will arrive in Malaysia, Ahmad Zahid said he will discuss the matter further with the Prime Minister as soon as Najib returns from overseas.

He added that the location for the shelter areas for the Syrians had also not been finalised.

- BERNAMA