Migrant Workers Right To Redress Coalition

Proposer:

Adrian Pereira

Affiliations:

North South Initiative

Policy Code:

2f2 Migrant

Problem Statement / Issue:

1. Ad Hoc policy for migrant workers.

Malaysia does not have a comprehensive policy for migrant workers recruitment, employment, access to rights and access to justice. This has resulted in abuse and causing ian increase in undocumented workers, arbitrary deportation, arrest and detention among other issues. Work who experience labour violations have little or no access to redress. There is unbridled trafficking, forced labour and sexual and other forms of abuse. There are regular cases of abandonment, death and torture of migrant workers. The system does not permit redress. Migration comes under both the Home Ministry and Human Resources Ministry who not work together and ultimately Home ministry decides on deportation, arrest and detention. Where laws exist implement is poor and corruption abounds. International standards do not apply. Weaponization of migrants leads to exploitation and political funding. Health costs are exorbitant. These conditions exist throughout the work cycle of migrants

2. Managed by 2 different ministries whose policy can be conflicting
3. Insufficient laws for protecting MW rights and access to justice
4. Where laws exist, implementation is inadequate
5. Recruitment and management of MW fall far short of International HR standards
6. Discrimination and violence is common among MW
7. Weaponisation of migration as means to exploit MWs and for political funding.
8. Frequent arrests and detention under unacceptable standards of MW
9. Corrutonn and extortion present throughout the migrant workers work cycle.
10. Health care costs too high

Value(s) and Belief(s):

1. International principles of human rights, gender rights, labour rights.
2. Decent work principles
3. Non-discrimination
4. Fair recruitment
5. UN Guiding Principles on business and human rights
6. Bali Process and global compact
7. ASEAN Consensus on Migration
8. Palermo Protocol

Proposal of Solution and Call to Action:

1. Comprehensive policy for MW from recruitment to return
2. One-stop centre for migrant workers
3. One ministry to manage MW
4. Access to justice – free legal aid
5. Access to affordable and universal health care
6. International investigation and prosecution for trafficking and smuggling of MW.
7. Full and equal labour rights
8. Ratify all labour conventions related to labour migration esp. ILO Core Conventions
9. Provide government funding for providing services to migrant workers.
10. Efforts to stop forced labour in global supply chains.
11. Zero recruitment fees
12. Transparency and making data related to labour public.
13. Decriminalising immigration offences and treating it as administrative violations.

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