Plight of 300 children born to undocumented Nepali women migrants in Malaysia(Himalayan News Service)

Children of women migrants suffer

   

Are stuck in destination countries due to lack of travel documents

Added At:  2014-02-16 9:12 PM

Last Updated At: 2014-02-16 9:12 PM

HIMALAYAN NEWS SERVICE

KATHMANDU: More than 300 children born to undocumented Nepali women migrants in Malaysia are currently languishing in the Southeast Asian country due to lack of legal clarity on whether or not they should be issued documents to travel to Nepal with their mothers.

According to the General Federation of Nepalese Trade Unions (GEFONT), there are around 300-400 such children in Malaysia waiting for a legal passage to Nepal.

The problem arises when the migrant woman worker gets pregnant because the company for which she works does not allow her to work there and also refuses to allow her to stay at the company hostel.

In most cases related to pregnancy, it has been noticed that women who are pregnant run away from the company and this makes her status illegal in the destination. Her problem further worsens if the father of the child is not a Nepali.

“If the husband is not a Nepali national then the Nepali embassy cannot issue travel documents to the child because the issue of citizenship of the husband complicates matters,” said executive director at the Institute of Foreign Affairs who is also former ambassador to Malaysia Dr Rishi Raj Adhikari.

Adhikari also pointed out that if both the mother and father of the child are Nepalis then travel documents can be issued but they have to produce a birth certificate of the child.

Regarding this, coordinator of GEFONT Support Group, Malaysia (Nepali Migrant Workers’ Association) Bed Kumar Khatiwada said: “Most women do not deliver their child in a hospital because her status at this point is illegal as she had run away from the company after being pregnant. Hence, she is unable to submit a birth certificate of the child in the embassy due to which the entire problem starts.”

Considering the intensity of the matter, member of foreign department (Migration Desk) GEFONT advocate Nisha Baniya opined that the state needs to address this case because a large number of its public (women migrant workers with their children) in many other destination countries including Malaysia are making rounds at the Nepali embassy seeking help. - Himalayan News Service, 16/2/2014.Children of women migrants suffer

Migrant Worker Plight in Malaysia Highlighted by MTUC

Malaysian Trade Union Congress(MTUC) held a press conference led by Bro. Mohd Khalid Atan President MTUC this morning at 11am at the MTUC headquarters on the following:


ISSUES: 

MTUC to raise issues concerning the rights and legal protection available to foreign workers while working in Malaysia and the government’s seriousness in managing employment related problems to the Minister of Human Resources and other government agencies.

Currently MTUC received complaints from more than 30 workers formerly working for an out sourcing company and not paid since December 2012. MTUC want the Ministry of Human Resources to intervene in this matter and take serious action against any person or company that’s responsible for such inhumane treatment and labour exploitation. Currently the workers are having serious problem, even to have decent meal without being paid for more than two months. 

Other issues concerning problems daily faced by foreign workers in Malaysia

·         Problems related to the implementation of Minimum Wage since January 2013;

·         Issues on non-compliance of the employment Act 1955;

·         Work related injuries higher among foreign workers and not captured by DOSH;

·         Premature termination of employment and weaknesses in the Law;

·         Compulsory decent accommodation for them not covered by any law;

·         Enforcement by Labour inspectors very weak / not effective;

·         Access to justice by foreign workers is very rare due to intimidation and threat by supervisors at work place is very common in Malaysia according to foreign workers seeking legal remedy is difficult because its expensive and restrictions in the Law.

·         Employers can terminate foreign workers contract at any point and send them back by just cancelling their work permit and the case is closed there.

Our country image globally will be affected if the government is not serious in handling the situation now by coming up with a comprehensive policy or Law to protect foreign workers by providing them with equal rights with that of local workers.

Thanks and regards.

Parimala N., Project Officer
MTUC Mobilising Action for the Protection
of Migrant Domestic Workers Project

Malaysiakini covered this press conference, and the report in Bahasa Malaysia is as follows:-

Hak Pekerja asing dilemma

Mohd Khalid Atan, Presiden MTUC bersama-sama Pekerja-pekerja Nepali

Seramai 33 pekerja Nepal telah ditamatkan kerja tanpa sebarang pampasan oleh syarikat elektronik  yang berlokasi di Shah Alam.  Pekerja-pekerja ini juga tidak dibayar gaji sejak Disember 2012. Dalam pada meminta bantuan MTUC, kesemua pekerja-pekerja ini telah berhimpun di MTUC Subang Jaya dalam persidangan media yang diadakan bagi meluahkan permasalahan mereka dan seterusnya menuntut keadilan kepada mereka.

Presiden MTUC, Mohd Khalid Atan dalam kenyataan menyatakan kekesalan terhadap apa yang telah berlaku dan menuntut supaya keadilan yang saksama diberikan kepada pekerja-pekerja. Kata beliau semua pekerja tidak kira pekerja asing mahupun tempatan mempunyai hak yang sama iaitu “Universal right”, malah mereka mempunyai hak yang sama mengikut undang-undang serta perjanjian bersama(collective agreement). Mereka tidak boleh diperlakukan seperti ini, katanya.

Majikan pekerja-pekerja ini Ontime Performance Sdn Bhd yang berlokasi  di Wangsa Setia Kuala Lumpur (sebuah syarikat outsourcing)telah menyumber keluar pekerja-pekerja Nepali  kepada syarikat Vista Point Technologies Sdn Bhd (Flextronics) di Shah Alam telah meberi notis pemberhentian kepada pekerja-pekerja ini pada 27 December 2012 kata Moses Singam,Penyelia Projek Pekerja Asing MTUC.

Pekerja-pekerja ini dengan bantuan MTUC telah mengfailkan kes di perhubungan Perusahaan Shah Alam pada 18hb Februari 2013  atas pertikaian tidak dibayar gaji dan dihentikan kerja tanpa alasan yang munasabah malah telah membuat laporan polis pada 1hb Februari 2013. Kini pekerja-pekerja ini telah dihalau dari hostel.

Tanya Khalid Atan, ke mana mereka hendak pergi dan makan apa, sekiranya gaji tidak dibayar? malah katanya kini majikan mengarah pekerja-pekerja ini pulang ke negara asal dengan kosnya dibiayai oleh pekerja-pekerja itu sendiri, adakah ini mustahil, tambah beliau.

Pekerja-pekerja ini hanya dibayar RM546 sebulan dan kini gaji tersebut telah ditahan sejak 2 bulan. Khalid berpendirian bahawa gaji minima harus diberikan kepada pekerja asing tanpa melakukan sebarang potongan elaun katanya.

 

Mengikut Moses Singam, majikan harus memberi slip gaji mereka dan menyatakan dengan jelas jenis pemotongan yang dilakukan, kerana pekerja-pekerja ini tidak mengetahui langsung kenapa majikan melakukan pelbagai pemotongan tanpa dimaklumkan dan MTUC menghadapi kesukaran menuntut keadilan kerana tiada bukti yang sah untuk ditunjukkan pada pihak tertentu apabila ingin menuntut keadilan dari majikan yang tidak bertanggungjawab ini, katanya.

Sehabis persidangan media pekerja-pekerja Nepali ini enggan pulang ke tempat kediaman kerana tiada wang untuk memberi makanan, tiada kerja dan telah dihalau dari tempat kediaman, kata Thevendran, 25 tahun.

- Malaysiakini, Citizen Journalist Malaysia(CJMY), 19/2/2013, Hak Pekerja asing dilemma

500 foreign workers of Digital Furniture Sdn Bhd in Muar downed tools - minimum wage not paid

 

 

Strike fear hits employers of foreign workers

Posted on 13 February 2013 - 10:41pm
Last updated on 14 February 2013 - 09:22am

Kong See Hoh
newsdesk@thesundaily.com

KUALA LUMPUR (Feb 13, 2013): Industry bosses are worried the strike by foreign workers at a furniture factory in Johor just before the festival shutdown may ignite similar action among foreigners and the local workforce.

A report in Oriental Daily News today said many employers believed the lack of a "black and white" from the government to specify the foreign workers levy should be fully borne by them was the reason why negotiations with these workers had failed.

Some 500 foreign workers of Digital Furniture Sdn Bhd in Muar downed tools a day before the Chinese New Year break when the management did not agree to demands to implement the RM900 minimum wage order immediately and agree to pay their levies.

It is learnt that a wave of strikes is waiting to hit industries containing a high percentage of foreign workers.

Small-Medium Industries (SMI) Association of Malaysia national president Teh Kee Sin said foreign workers planning to strike were sending text messages to their countrymen.

"The Muar incident has prompted workers from Nepal, Myanmar, Bangladesh, Vietnam and others to join hands in making demands," he said.

Teh warned Oriental Daily, of possible chaos next week when factories resume operations as any strike action will affect production.

He said employers are confused because while MCA deputy president Datuk Seri Liow Tiong Lai said the minimum wage can include some allowances, labour law does not allow it. Unclear answers from the Human Resources Ministry is making matters worse.

"We need proof to negotiate with foreign workers. Now, we only know from media reports that the cabinet has decided the levy should be borne by the workers themselves.

SMI Association of Malaysia deputy president Michael Kang said employers also worry local workers may down tools.

He said many locals are not happy that the new policy meant a pay rise of about RM50 for them compared with the RM300-400 for foreign workers. They are also not happy that foreign workers, also enjoy housing and transport allowances and they want similar allowances.

Malaysian Employers Federation (MEF) executive director Shamsuddin Bardan felt the government should get tough and repatriate foreign workers who strike. 

He said according to their employment agreement, foreign workers lose a day's pay for every day of their strike, and should the strike continue for more than two days or cause disturbances, they can be sent home immediately.- The Sundaily, 13/2/2013, Strike fear hits employers of foreign workers

Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia

A Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia.

Chou Bun Eng, secretary of state for the Ministry of Interior, who headed the delegation, said the inquiry found four types of violations. “There are victims of sexual exploitation, human trafficking, overwork and no salary, and forced labor,” she said. 

 

The problem in Malaysia is that the LAW and the GOVERNMENT  are not interested in protecting migrant worker rights. When the migrant worker complaints and claims rights, many employer wrongly just terminate them - which is also what happens to local workers, but when it comes to a migrant worker, their employment pass/permit is also caused by the employer to be cancelled hence removing the ability of the migrant worker to remain (and work naturally) legally while his complaint is processed(by the Labour Department[now known as the Human Resource Department] or the Industrial Relations Department or some other). Now in all these avenues and process of justice, the presence of the complainant migrant worker is needed - If the migrant worker is not present, then the process stops...then the Labour or Industrial Court cases stops... 

Likewise with crime, how can the police continue with the investigation...how can they prosecute when the victim (and even material witnesses) who are migrants are no more in Malaysia.

Malaysian Immigration Department and the Malaysian Government must ensure that no migrants ability to stay and work legally is extinguished if there is a pending claim, investigation, court proceedings, etc... Malaysia must change its attitude of using migrants just for labour - BUT disinterested in protecting their rights and welfare effectively. Malaysian government propagates this culture of exploiting migrant workers...when what is needed is DETERENCE that will ensure that NO EMPLOYER EXPLOITS WORKERS.  Sadly, the treatment of local workers is similar - Employers found guilty of not paying wages, for example, is ordered to pay the aggrieved worker JUST what should have been paid - SURELY, this is not right - and certainly is no real penalty - and would only encourage employers to go on cheating workers - for after all, if caught, all they need to pay is what they cheated the worker off in the first place. Rightfully, the law should require them to pay DOUBLE or maybe even TRIPLE plus maybe a sum for all the pain and suffering caused...

Southeast Asia

Inquiry Finds Abuse of Migrants in Malaysia

Gelia, a maid works in a condominium in Kuala Lumpur, Malaysia, Wednesday, June 17, 2009. At least two women have died in the custody of recruitment firms prior to scheduled departures for Malaysia.

Theara Khoun, VOA Khmer

 

08 January 2013 

PHNOM PENH - A Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia.

The 22-member committee, which included government representatives, rights workers and other agencies, spent two days in Malaysia and found workers vulnerable to overwork, forced labor and sexual exploitation, among other dangers, as more and more Cambodians seek work abroad through negligent recruitment agencies.

Chou Bun Eng, secretary of state for the Ministry of Interior, who headed the delegation, said the inquiry found four types of violations. “There are victims of sexual exploitation, human trafficking, overwork and no salary, and forced labor,” she said.

The committee’s findings are consistent with those of other rights groups that have investigated the working conditions in Malaysia, where many Cambodian women from rural areas find work as maids.

“Some laborers have been tortured and abused by the house owners,” said Samleang Seyla, country director of Action for the Children. “For some others, their employers don’t pay their salaries.”

And there is little legal recourse for Cambodian workers in Malaysia if they aren’t paid or are abused, he said. “Some complain about the difficulty finding legal aid. In their view, they are unlikely to win a case, because they don’t have money; and second, it requires a lot of time. That’s why some of them come back to Cambodia without proper legal resolutions.”

Underage girls are also being sent to Malaysia to work, the committee found. At a rescue center in Malaysia, where 13 Cambodians were staying, the committee found a 17-year-old girl who had been working in Malaysia for two years—with no salary.

On the two-day visit, the delegation met with representatives of the Malaysian government, an employers association, the Cambodian Embassy in Kuala Lumpur and with NGOs.

Cambodia issued a moratorium on the recruitment of workers for Malaysia in 2011, following widespread reports of abuse, including the deaths of some workers. Human Rights Watch said in a November report that prior to the ban, girls as young as 13 were being sent to Malaysia through recruitment agencies.

An Bunhak, chairman of the Association of Cambodian Recruitment Agencies, who joined the delegation, said a lack of training and poor communication lead to misunderstandings between employers and workers. “For example, when they are asked to bring a bowl, they bring a urine pot,” he said. “This in turn makes their bosses angry, leading to violence.” 

Cases where underage girls are sent to Malaysia are rare, he said, and in those cases the companies responsible for recruiting them have been shut down.

An estimated 50,000 Cambodian workers, legal and illegal, are thought to be working in Malaysian households, factories and restaurants, earning between $135 and $200 per month.

In Malaysia, the committee interviewed Om Bopha, a senior adviser to the Cambodian Embassy in Malaysia, who said the Ministry of Labor is not properly monitoring the workers who are sent to Malaysia and that some Cambodian recruitment agencies send young workers or untrained workers, with little monitoring.

Chou Bun Eng said there is little follow-up on the transfer of workers, who are moved from a recruitment company in Cambodia to a receiving company in Malaysia and on to a local employer.

“In such hand-to-hand transfer, to what extent is there responsibility?” she asked.- VOA [Voice of America Khemer Southeast Asia News, 20/1/2013, Inquiry Finds Abuse of Migrants in Malaysia

Abolish the ‘Contractor for Labour’ system says 90 groups to Malaysian government

Joint Statement – 3/5/2012

Abolish the ‘Contractor for Labour’ system

Withdraw the 2012 amendments to Employment Act 1955.

We, the undersigned 90 trade unions, civil society groups and organizations object to the actions of the government of Malaysia in destroying direct employment relationship between the principal, as employer, and their workers, as employees, with the latest amendments to the Employment Act 1955.

The Malaysian Trade Union Congress (MTUC) , which not only represents the about 800,000 unionized workers but also the over 12 million workers in Malaysia,  have strongly and consistently opposed the proposed amendments since it was first tabled in Parliament vide Bill No: D.R.25/2010 in July 2010, which the government later withdrew. The government re-introduced the Bill with minor changes in June 2011 vide Bill No: D.R.15/2011. MTUC came out even more strongly and also picketed at the Parliament House on 3^rd October 2011 and in spite of strong resistance from many quarters, including on the Dewan Rakyat  floor, the controversial Bill was passed on  6^th October 201, did finally come into effect on April 1^st 2012. 

We would like to address just one of several aspects of the new amendments that is the main bone of contention, i.e. the introduction of the new provision for the definition of “contractor for labour”.

With the amendment, the contractor for labour will be the third party (or the middleman) who will come in between the now direct employment relationship between the owner-operator of trade or business (defined as the “principal”) and their worker-employee.

BACKGROUND

The Employment Act 1955 was introduced before independence (Merdeka) by the British Administration effectively abolishing indentured labour, bonded labour and the “kanggani” system in Malaya. (collectively then known as the “contract system”). The Act also did establish two very important principles of law which are considered sacrosanct to this day. They are, security of tenure – ensuring permanence of employment, and proprietary right to the job – where termination of worker, shall be only with just cause and excuse and by due process.

The employment scenario in the country began to change in the early 1990s. In 1992 the government allowed migrant workers for the construction and plantation sector. In 2000, it was extended to manufacturing and service (hotel and restaurants) sectors and in 2002, it was extended to all sectors.

Originally migrant workers were employed directly by the principal employer but this started to change in 2005, when the Cabinet Committee on Foreign Workers in its meeting on 5-July 2005 agreed to the recruitment of foreign workers through outsourcing companies (now known as ‘Contractor for Labour’ in the amended Act). The issuance of these outsourcing licenses was strangely done by the Ministry of Home Affairs, not the Ministry of Human Resources. There are today about 277 registered labour outsourcing companies in the country today. (The Star, 23-Feb 2010).  

This establishment of the outsourcing companies allowed for the re-emergence of the old ‘contract system’. It opened doors resulting in a direct assault on the basic foundation of labour rights, the undermining dignity of labour, perpetuating the establishment and operation of dehumanized and bonded labour. The practice, which started with migrant workers, was then extended to local workers.

These outsourcing companies recruited local workers and migrant workers, some on fix term contracts, with terms and conditions usually less favourable than that of workers directly employed by principals. 

The incidence of principals using workers supplied by outsourcing companies is growing. The principal company pays the outsource company an agreed sum of money for the number of workers supplied, whether they be local or migrant workers. The principal company effectively is able to avoid the employer’s duty and obligation to ensure their workers’ rights and welfare are protected. This practice also saved principal company money that would have ordinarily been expended for workers like medical cost, insurance, bonus, wage increments, retirement benefits, transportation and accommodation, service awards, and several other benefits. It also allows them to evade statutory contributions to the Employees Provident Fund and for social security schemes. The principal company also evades all obligations and safeguards in law when workers are hired or terminated, including domestic inquiries and lay-off and termination benefits. If the principal wants to now get rid of workers, it now merely have to inform the outsource company. 

To convert the workforce from permanent employees to short-term contract employees, and now outsourced workers, most principals either retrenched their workers, used “voluntary separation schemes” or other methods, or simply terminated their employees substituting them now with workers supplied by the outsourcing companies.

REASON FOR THE AMENDMENT

These outsourcing companies have been allowed to operate outside the law with no law regulating them. Even though they were manpower/labour suppliers, they were not created under and/or regulated by the Private Employment Agencies Act 1981, which would have also ensured these manpower/labour suppliers would only provide workers and not become employers of workers supplied.  

The recent amendment to the Employment Act is to give these outsourcing companies statutory recognition under the Employment Act, and at the same time institutionalize and legitimize employment through the outsourcing companies, which  now legally will be legally known as the “contractor for labour”.  

A primary reason for the creation of the ‘contractor for labour’ and the introduction of labour outsourcing is to stifle workers and trade unions capacity to demand and negotiate for better rights and benefits. The MTUC Memorandum to the HR Minister dated October 7, 2008 refers to an interview with Datuk Ishak Mohamed, the Enforcement Director of the Immigration Department that was published in New Straits Time, July 20, 2008, where he, amongst others, said, ‘…outsourcing is good as it will attract foreign direct investment. Investors do not want unions to be formed in their establishments. Through outsourcing, it would be difficult for unions to be formed as outsourcing company, and not the factory, would be the employer…’ is indicative of the intention of the government.

SUB-CLASS OF WORKERS. 

The creation of this new sub-class of workers, who are not considered employees of the principal, also jeopardizes existing employment relationship between the principal and their current worker-employees, likewise the relationship with their trade unions. Today, these new sub-class of workers, made up of both local and migrant workers, are found in most workplaces, including even government-linked companies, whereby in some factories they currently make up about  50% of the total workforce. Trade unions are being weakened, and their bargaining powers for better rights and benefits for workers are slowly eroding by the increasing presence of workers who are not employees of the principal, and also by the loss of security of tenure created by short-term contracts.

‘Contractor for labour’ is actually outsourcing of labour which is very different from outsourcing of work. Outsourcing of work is when principal employer outsources some specified work or operations which are not their core operation, to another company who carries out the work for the principal using their own employees under their own control and supervision. For example, in several manufacturing companies, cleaning, turf/gardening, canteen and security services are examples of outsourced work. This outsourcing of work is legal, and the workers of those who are doing outsourced work are protected by the Employment Act.

Contrary to the principle that workers doing core operation work should be employees of the principal, this amendment to the Act now allows the ‘contractor for labour’ to supply workers to perform the core operation under the control and supervision of the principal’s supervisory staff and managers. The ‘contractor for labour’ merely collects the salary of the labour supplied and apportions a part to himself  and pays his workers, usually less than the workers who are under the direct employment of the principal, though they do the same work. The principle of equal pay for equal work is thus breached. 

The principal, who is considered not the employer of the workers supplied, absolves himself of all liabilities and employer’s obligations with regard these workers supplied by ‘contractor for labour’ who are working for the principal’s benefit,

EMPLOYMENT (EXEMPTION) ORDER 2012

The MOHR Minister, in an attempt to placate the MTUC, trade unions, civil society groups and workers issued an exemption order, effective April 1^st 2012, which, amongst others, stated:-

 “…Any person who enters into contract for service with a principal to supply employees required by the principal for the execution of the whole or any part of any work for the principal in any industry, establishment or undertakings other than the agriculture undertakings, is exempted from sections 31, 33A, 69 and 73 of the Act...”

However, the words used in the said exemption order, which by the way also did not include the amendment in section 2, which was the very amendment that gave statutory recognition to the ‘contractor for labour’ and its practices, only further affirms the contractor for labour and their practices. The exempted sections referred to in the said Order merely dealt with ancillary matters like registration of employees when supplied to principal and priority of debt. The exemption order also would deny access to justice for workers now being supplied by these ‘contractor for labour’ in all the exempted sectors. 

MTUC and all groups that opposed the amendments were not appeased by this exemption order, and continue their objections to the ‘contractor for labour’.

PROTEST

We strongly object to the ‘contractor of labour’ system. All workers that work under the control and supervision of the principal must be the employees of the said principal not some third party. The Malaysian government’s action is in breach of article 8 of the Federal Constitution. In 1998, Malaysia also ratified the ILO Declarations on Fundamental Principles and Rights at Work but this amendment is in  contravention of the said Declaration. Further, it also is in contravention of the ILO’s Decent Work Agenda which Malaysia has committed to. 

The International Trade Union Confederation (ITUC), many trade unions and civil society groups, also opposed, and still oppose this amendment. The Malaysian Bar also recently passed unanimously a resolution on March 10^th 2012, amongst others, calling for the maintenance of existing 2-party employment relationships, and also that labour suppliers and/or contractors of labour should never be or continue to be employers of workers after they are supplied, accepted and start working at the workplaces of principals.

The contractor for labour and their practices should not be allowed in any sectors including the plantation and agricultural sector.

DEMAND

We, therefore, demand for the repeal of all amendments to the Employment Act 1955, in particular the amendments to section 2, 31, 33A, 69, 73 brought about by Employment (Amendment) Act 2012 [ACT A1419] relating to the ‘contractor for labour’ and their practices,  and pending repeal for an immediate stopping operation of the said amendments.

We call for the abolition of the contractor for labour and their practices and that all workers, currently supplied by these 3^rd party manpower/labour suppliers (contractor for labour) who are still not direct employees of the principal employer be immediately made employees of the said principal and be accorded same benefits and treatment as accorded to all other employees without discrimination, including the right to form/join trade unions or afford protection and entitlement to the benefits accorded through their respective Collective Agreements.

We call for the abolition of precarious employment, and for retention of a just 2-party employment relationship between principals and workers, and for the respect of worker and trade union rights.

Charles Hector

Pranom Somwong

Bruno Pereira

For and on behalf,

ALIRAN (Aliran Kesedaran Negara), Malaysia

Amalgamated Union of Employees in Government Clerical and Allied Services(AUEGCAS )
Amalgamated Union Employees Tenaga Nasional Berhad (AUETNB )

Anak Muda Sarawak (AMS)

Asian  Migrants Center (AMC)

Asia Monitor Resource Centre(AMRC)

Asia  Pacific  Forum on Women , Law and Development  (APWLD)

Asian Network for the Rights of Occupational and Environmental Victims (ANROEV)

Association for Community Development -ACD, Bangladesh

BASF Asia Pacific Network

BASF-PETRONAS Malaysia

Burma Campaign Malaysia (BCM)

Burma Partnership

Centre For Reflection And Action On Labour Rights (Cereal Guadalajara), Mexico

Center for Indonesian Migrant Workers-CIMW

Center for Migrant Advocacy, Philippines (CMA-Phils)

Centre des travailleurs et travailleurs immigrants / Immigrant Workers' Centre (Montréal, Québec)

Centre d'appui aux Philippines - Centre for Philippine Concerns (Montréal, Québec)

Christian Development Alternative (CDA)-Bangladesh

Clean Clothes Campaign

Communication Workers Union Victoria,Australia

Community Action Network (CAN), Malaysia

Democratic Party for a New Society (DPNS), Burma

Dignity International

Ecumenical Institute for Labor Education and Research (EILER), Philippines

Electronic Industry Employees Union Western Region Peninsular Malaysia (EIEUWRPM)

FAIR (Italy)

Families Against Corporate Killers, UK

Federation Independent of Trade Union (GSBI) Indonesia

FSPMI ( Federasi Serikat Pekerja Metal Indonesia)

Future In Our Hands, Norway

Garment and Allied Workers Union, India

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

Institute for Occupational Health and Safety Development (IOHSAD),

International Metalworkers' Federation (IMF)

International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)

Jaringan Rakyat Tertindas (JERIT), Malaysia

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific (KPPAP)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan

Kesatuan Sekerja NUTEAIW Isuzu Hicom (M) Sdn Bhd, Pekan, Pahang, Malaysia

Kesatuan Industri Elektronik Wilayah Timur Semenanjung Malaysia

Konfederasi Serikat Nasional (National Union Confederation)[KSN] , Indonesia.

Labour Behind the Label, UK

Lal Zenda Coal Mines Majdoor Union (LZCMMU), India

Lembaga Informasi Perburuhan Sedane-Sedane Labour Resource Centre Bogor-Indonesia

LHRLA - Lawyers for Human Rights & Legal Aid (Pakistan)

MADPET (Malaysians Against Death Penalty and Torture)

Malayan Nurses Union(MNU)

MTUC (Malaysian Trade Union Congress)

Migrant CARE, Indonesia

Migrant Forum in Asia(MFA)

Migrante International

National Domestic Workers Movement- AP Region

National Hazards Campaign of UK

NLD-LA (National League for Democracy-Liberated Areas), Malaysia

National Union of Banking Employees (NUBE)

National Union of Petroleum & Chemicals Industrial Workers (NUPCIW), Malaysia

National Union of Transport Equipment and Allied Industries Workers (NUTEAIW), Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Occupational and Environmental Health Network of India (OEHNI)

Pakistan Rural Workers Social Welfare Organization (PRWSWO)

Paper & Paper Products Manufacturing Employees Union(Reg No 444), Malaysia

Parti Rakyat Malaysia (PRM)

Perak Women for Women Society (PWW)

Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita, Selangor (PSWS)

PINAY - The Filipino Women's Organization in Quebec

Public Services International, Malaysian Affiliates National Coordinating Committee

Pusat Komunikasi Masyarakat (KOMAS)

RightOnCanada.ca, Canada

Sarawak Medical Services Union (SMSU)
Solidarity of Cavite Workers, Philippines

Tenaga National  Berhad Junior Officers Union (TNBJOU)

Tenaganita, Malaysia

Thai Committee for Refugees Foundation (TCR)

Thai Labour Campaign, Thailand

The Live And Livelihood Foundation, Bangladesh

The Women's Caucus (Southeast Asia Women's Caucus on ASEAN)

Think Centre – Singapore

United Filipinos In Hong Kong (UNIFIL-MIGRANTE-HK)

United Students Against Sweatshops,  US

University of Malaya General Staff Union (UMGSU)

WARBE Development Foundation, Bangladesh

Women's Legal and Human Rights Bureau, Inc.(WLB),Philippines

WOREC Nepal

Workers Assistance Center, Inc., Philippines

Workers Hub For Change (WH4C)

Yayasan LINTAS NUSA Batam-Indonesia

Yokohama Action Research (Japan)

Clean Clothes Campaign, the Netherlands

* This statement was issued to the media - and naturally our mainstream media has not to carried it.

* The statement has been sent to the Prime Minister, Human Resource Minister and the Malaysian Human Rights Commission on 4th May 2012

Who funded the 6P programme? - Private Funding Initiative (PFI)? So who funded, and why?

Malaysian government in Parliament said that they did not spend money on the 6P programme -  and that it was a Private Funding Initiative (PFI) - so the question is where did the funding come for the national registration exercise of documented and undocumented migrants in Malaysia?

PEMBERITAHUAN PERTANYAAN DEWAN RAKYAT
PERTANYAAN       :         LISAN
DARIPADA            :        YB PUAN TERESA KOK SUH SIM (SEPUTEH)
TARIKH                :         3 APRIL 2012

SOALAN :
YB. PUAN TERESA KOK SUH SIM (SEPUTEH) minta MENTERI DALAM NEGERI menyatakan jumlah perbelanjaaan dan jumlah pendapatan yang terlibat dalam projek 6P pada tahun 2011. Apakah langkah yang akan diambil oleh Kementerian untuk mengatasi masalah kekurangan pekerja dalam industri perkhidmatan dan pembuatan di Malaysia.

JAWAPAN :
Terima kasih saya ucapan kepada Ahli Yang Berhormat Seputeh yang mengemukakan pertanyaan.
Untuk makluman Ahli Yang Berhormat, Program 6P dilaksanakan dengan tujuan untuk mewujudkan satu pangkalan data dan rekod biometric warga asing di Negara ini.

Program 6P dilaksanakan melalui kaedah Private Funding Initiative (PFI), oleh itu Kerajaan tidak menanggung kos operasi badi perlaksanaan program tersebut.

Di antara impak positif perlaksanaan Program 6P adalah seperti berikut:

1. berupaya mengumpul data berhubung jumlah PATI yang berada di dalam Negara;
2. membantu memantapkan pemantauan dan penguatkuasaan terhadap wangsa asing melalui pengambilan data biometric, sekali gus meningkatkan kawalan keselamatan negara;
3. membantu menangani isu pemalsuan identity dan dokumen perjalanan melalui pendaftran data biometric cap jari yang tidak boleh dipalsukan;
4. memenuhi segera keperluan pekerja asing sector-sektor ekonomi melalui process pemutihan PATI tanpa perlu membawa masuk pekerja asing baru; dan
5. menangani isu ketirisan dalam pengutipan levi pekerja asing dan sekali gus meningkatkan hasil pendapatan Negara.

Program 6P adalah sebahagian daripada usaha penting dalan agenda Kerajaan untuk memantapkan pengurusan warga asing di Negara ini, sekali gus membantu menangani jenayah rentas sempadan khususnya jenayah pemerdagangan orang dan penyeludupan manusia.

Tuan Yang Di-pertua,

Kerajaan telah mengambil beberapa langkah untuk mengatasi masalah kekurangan pekerja dalam industry perkhidmatan dan pembuatan di Malaysia. Selaras dengan Program 6P ini juga Kerajaan telah menangguhkan pengambilan pekerja asing dari luar. Walaubagaimanapun, pihak Kerajaan memberi peluang kepada majikan dan industry untuk mendapatkan pekerja asing melalui Process Pendaftaran dan Pemutihan yang sedang dilaksanakan.

Bagi tujuan ini, pihak Kerajaan telah melonggarkan beberapa syarat dan peraturan di bawah Program 6P ang melibatkan perkara-perkara berikut:
1)    Membuka semula subsektor-subsektor di bawah sektor perkhidmatan yang dibekukan;
2)    Membenarkan sektor di luar dasar sedia ada mendapatkan pekerja asing melalui program pemutihan yang dijalankan; dan
3)    Melonggarkan syarat-syarat dan peraturan yang ditetapkan oleh Agensi Kawal Sedia untuk kelulusan pengambilan pekerja asing melalui proses Pemutihan yang dijalankan.

Langkah-langkah yang diambil ini adalah bagi memastikan majikan tidak menghadapi masalah kekurangan tenaga pekerja asing dan seterusnya manjamin kelancaran operasi di sector masing-masing.

Source: Teresa Kok's Blog

Only 19% of foreigners legalised (The Sun Daily)

The question remains as to how did these workers become 'illegal'(undocumented). Did they come to Malaysia as documented workers and then became undocumented, or did they enter the country as undocumented migrants and have always been undocumented.

After the registration exercise, some (a small percentage) of undocumented workers were 'legalized' made into documented workers, one wonders how many of these entered the country as documented and how many of these entered the country as undocumented? There has been rumours that some documented workers were 'encouraged' to become undocumented when the 6P program got on the way to be re-registered and made documented again to be working for some other employer... did this happen? Maybe the government could disclose statistic and information about these undocumented workers that went and registered themselves under that 6P programme..

Only 19% of foreigners legalised

Posted on 27 February 2012 - 08:53pm
Last updated on 28 February 2012 - 10:39am

KUALA LUMPUR (Feb 27, 2012): The influx of illegal foreign workers is expected to continue as barely 18.95% of over two million workers were legalised during the 6P amnesty programme which was supposed to have ended on Feb 15.

Due to the poor turnout, the Home Ministry, however, has decided to extend the deadline to April 10 for the authorities managed to legalise only 79,000 immigrants, including 94,856 who chose to return home.

Universiti Utara Malaysia political and international studies lecturer Md Shukri Shuib said efforts to restrict the inflow of illegal immigrants would be futile for locals shun low-paying jobs in various industrial sectors, forcing employers to seek workers from abroad.

"Even though some locals were willing to take up the jobs, their number is rather small compared to huge job opportunities and rapid development in our vibrant industrial sectors.

"Lack of interest among locals to fill the vacuum in various industries led to employers resorting to hiring foreign workers to ensure that their operations run smoothly," he told Bernama.

On the low turnout during the 6P amnesty exercise, Md Shukri said the programme could be implemented effectively through concerted efforts from all quarters and not merely government agencies.

"Maybe it is better for the programme to be implemented continuously rather than on an ad-hoc basis for foreign workers will continue to flock to Malaysia due to our rapid development," he said.

Universiti Teknologi Mara's Faculty of Administration and Policy Studies lecturer Dr Syarifah Syahirah Syed Sheikh said management companies appointed as intermediaries between employers and illegal foreign workers should be continuously monitored.

"Ironically, irresponsible people have taken advantage of loopholes in its implementation," she said, adding that the 6P amnesty programme should be strengthened, added value and pursued aggressively.

Meanwhile, the Malaysian Muslim Chamber of Commerce and Industry (DPPMM), one of the management companies appointed under the 6P amnesty programme, signed a memorandum of understanding with Partai Amanat Nasional Indonesia (PAN), an Indonesian political party, on Feb 16 last year to formulate a mechanism to address the illegal immigrant problem.

DPPMM president Jamal Nasir said both parties were working together to set up the PAN Crisis Centre which would provide services to Indonesian illegal immigrants as well as facilitate the 6P amnesty programme. -- Bernama - The Sun Daily, 27/2/2012, Only 19% of foreigners legalised

About 2% of 1,303,126 undocumented migrants legalized - back to work? or legalized and deported???

"...over 2.5 million foreign workers had registered since the operation started on July 13. “Of the number, 1.6 million were legal foreign workers while 900,000 were illegals,” he[Human Resources Minister Datuk Dr S. Subramaniam] said... - Star, 31/8/2011, No extension to amnesty scheme as ministry prepares for next phase

'...second phase of the 6P programme to legalise the illegal foreign workers in the country would be undertaken for a three-month period, Home Ministry secretary general Tan Sri Mahmood Adam said here....The 6P programme entails registration, legalising, amnesty, monitoring, enforcement and deportation of illegal immigrants and a total of 2,320,034 legal and illegal workers have registered under first phase which ended on Aug 31.Of those registered, 1,303,126 were illegals while the remaining 1,016,908 were legal workers....' - Star, 10/9/2011, Second phase of amnesty programme will last 3 months

Legal foreign workers and illegal immigrants who paid exorbitant fees for registration under the 6P amnesty and legalisation programme can file a case under the consumer tribunal to get back the excess money they had paid....The Government has fixed RM35 as maximum rate for registration of illegal immigrants through 348 appointed managing companies, while the maximum service charge for legalisation is RM300.- Star, 2/9/2011, Foreign workers who paid extra under amnesty can file case

*** They also can lodge complaints with the police and other government bodies - even SUHAKAM

PUTRAJAYA: The legalisation and amnesty process under the 6P programme for illegal foreign workers will be carried out simultaneously to enable those wishing to return to their countries to do so immediately.

The amnesty process involved two categories those who had participated in the registration process and wished to leave the country and those who had surrendered voluntarily.

Home Minister Datuk Seri Hishammuddin Hussein said under the process, the illegals could directly deal with the Immigration Department to obtain the Exit Inspection Memo without any action being taken against them.

“As of Monday, a total of 25,561 illegal immigrants had been granted amnesty and had left the country.

“Among the five countries that registered the most number of the illegals, who had been granted amnesty and had left, were Indonesia with 15,901 immigrants, followed by India (2,501), Nepal (1,048), Myanmar (1,040) and Vietnam (930),” he said in a statement yesterday.

The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation.

Hishammuddin said they had been screened and were found free of any criminal record.

“They have returned home with all costs fully borne by themselves,” he said, adding that the Government had not allocated any money to finance costs including food and temporary lodging.

Hishammuddin added that under the programme, the Government saved about RM3.3bil in gross expenditure to register 1,303,126 illegal immigrants, which ended on Aug 31.

He said the Government had instead managed to increase collection from fees charged for the levy, pass and visa imposed on foreign workers who were legalised.

He said that as of Sunday, 27,514 illegal immigrants had been legalised involving 2,208 employers. - Star, 2/11/2011, 25,500 illegals have left the country under amnesty, says Hishammuddin

Bid to free 9 migrant workers from Burma detained by Immigration (Malay Mail, 31/10/2011)

Bid to free workers

Nine from Myanmar wrongfully held by Immigration, says NGO 

 

Meena Lakshana

Monday, October 31st, 2011 11:29:00-  Malay Mail, 31/10/2011, Bid to free workers

PETALING JAYA: Nine Myanmar factory workers have been wrongfully detained by the Immigration Department since Oct 4, representatives of a non-profit organisation (NGO) said yesterday.

Burma Campaign Malaysia director Tun Tun said the workers were detained after failing to provide their work permits or visa documents to officers from the Shah Alam Immigration office who went to their apartment in Section 6, Kota Damansara, where they were staying.

"The officers went to the apartment at 1am after a complaint about noise was lodged against the workers by their neighbours," he told The Malay Mail.

Tun Tun claimed the outsourcing company that recruited the workers were in the midst of preparing the documents.

He said the workers had arrived in Malaysia in June.

He also said the workers' employer was holding their passports.

Tun Tun said the workers were being held at the KL International Airport (KLIA) Immigration detention centre in Sepang.

"They paid US$850 (RM2,604) each to come to Malaysia to work and were made to believe their documents would be ready on their arrival," he said.

He said the outsourcing company had shortchanged the workers as their documents were still not prepared.

"Every time we call them to ask about it, they would give us different answers," he said.

Tun Tun said Burma Campaign Malaysia was working with the Malaysian Trades Union Congress (MTUC) for their release.

MTUC industrial relations director Peter Kandiah said officers from the Immigration Department should conduct thorough investigations before detaining foreign workers without proper documentation.

"Why weren't the outsourcing company's staff remanded?" he asked.

"I'm upset with the Immigration Department for the manner they are handling the matter."

Kandiah said the department had yet to answer his queries on the reasons for detaining the Myanmar workers.

"I've been trying to contact them since last Thursday but to no avail," he said.

"I was given the runaround when I visited the Immigration Department office. I even left my contact details but no one got back to me."

Immigration Department director-general Datuk Alias Ahmad said he needed to check the details of the case before commenting. - Malay Mail, 31/10/2011, Bid to free workers

107 Groups: Malaysia Must Protect Worker and Union Rights, and withdraw proposed unjust amendments to Employment Act - Labour Suppliers Should Not Be Employers (28/10/2011)

Media Statement – 28/10/2011 (107 Groups)

Malaysia Must Protect Worker and Union Rights, and withdraw

proposed unjust amendments to Employment Act

- Labour Suppliers Should Not Be Employers -

We, the undersigned 107 organizations, groups and networks are disturbed that the Malaysian government has proceeded to table, and get it passed speedily on 6/10/2011 at the Dewan Rakyat (House of Representative) the Employment (Amendment) Bill 2011 despite protests from workers, trade unions and civil society. The proposed changes to the Employment Act would be most detrimental to worker rights, trade unions and the existing just direct 2-party employment relationship between worker and end-user (the principal). Malaysia’s action goes contrary to justice. In many countries employers have been wrongly trying to avoid/disguise employment relationships by way of contracts/agreements and triangular relationships, and Malaysia rather than fighting against this negative trend is now trying to legalize it, hence showing itself to be anti-worker anti-unions. 

We note also that the amendments would result in discrimination at the workplace, as many workers at a factory, plantation or any workplace would end up being no longer employees of the owner-operator of the said workplace, also referred to as the principal or end-user, but would remain employees of the supplier of workers, known as ‘contractor for labour’. Workers doing the same work at the factory, would be treated differently in terms of wages, work benefits and even rights by reason of the fact that their employers are different. This will also go against the Malaysian Federal Constitution that guarantees equality of persons. We advocate that all workers working at a factory or workplace are entitled to be treated equally in terms of wages, work benefits, rights, union rights, reliance on collective agreements and other entitlements.

The proposed amendment would also destroy direct employment relationships between owner-operator of workplaces, being the principal, and the workers that work there producing the product or providing the services from which these principals derive their profits. A just employment relationship dictates that all workers should be employees of the owner-operator employer not some other third party labour supplier, whether they be known as ‘contractor for labour’, outsourcing agent or by any other name. The relationship must be a direct relationship, to the exclusion of all third parties, between the employer who needs workers to do the work to produce the goods of their business for profits, and the workers directly who provide the necessary labour as required in exchange for fair wages and other benefits. The availability of short-term employment contracts is another reason why there is no need to legalize triangular or other employment relationships in Malaysia through the creation of the ‘contractor for labour’.

To fight for decent wages and rights, and to be able to negotiate and get better working conditions and other work benefits, workers at a workplace would generally come together collectively or as a union to be able to negotiate from a stronger position with employers, and this would result in agreements or ‘collective agreements’ between employers and workers (or their unions). If the amendments proposed become law, then many workers at the factory would effectively lose their rights to be able to form or be members of the trade union at the workplace, or the right to directly and effectively negotiate with the principal  who effectively controls the work place, working conditions and benefits.

If the proposed amendment becomes law, effectively it will also weaken existing workers and unions, by reducing their negotiating power for now when a strike or a protest in called, there will be other workers of other third party employers who will continue to work normally thus making worker struggle for better rights almost impossible. This proposed amendment is a ‘union busting’ exercises and allows employers to utilize ‘divide and rule’ tactics to counter legitimate demands of their workers and avoid employer obligations and responsibilities. Another unjustifiable proposed changed is the delay of payment of overtime and work on rest days by a month.

With regard to sexual harassment, the new provision provides only for inquiry by employer even when the alleged perpetrator is a member of the management, a partner, shareholder and/or director of the employer’s business, and provides no clear right of appeal to the Labour Courts or the High Court. Note that other worker rights violations are currently all dealt with by the definitely more independent Labour Department or Industrial Relations Department. Remedy for the victim of sexual harassment is also absent, save maybe the right to resign without the need to give the required notice when the perpetrator is a sole proprietor.

The Malaysian Trade Union Congress (MTUC), which represents over 800,000 workers of member unions, who is also is the accepted workers representative in Malaysia, picketed calling for the withdrawal of the amendments on 3/10/2011, and apparently despite the Minister assuring them that the amendment will only be tabled at the end of the month, was suddenly rushed and passed at the Lower House of Malaysia’s Parliament on 6/10/2011.

Malaysia has the Private Employment Agencies Act 1971, whereby these agencies rightfully get workers for employers, who then pay them a fee for the service, and once workers are received by the employer, these workers immediately become employees of the said employer. The amendments will creates a new kind of labour supply companies who will continue as employers of the workers even after they start working at the workplace of the principal, and this is unacceptable. All companies in the business of finding workers for companies that need workers to produce their products or for their business must be private employment agencies, and must never assume or retain the role of employers.

As the said Bill still needs to be passed by the Senate and receive royal assent, before it becomes law, we call on the Malaysian government to act in the best interest of workers and their unions and immediately withdraw this unjust proposed amendments to Employment Act 1955.

We call on Malaysia to immediately discontinue its policy of recognizing outsourcing agents, and act immediately against practices of some employers and outsourcing agents that try to avoid/disguise employment relationships to the detriment of workers and unions.

We call on countries and regional bodies, companies, ILO, trade unions and persons to do the needful to ensure that worker and union rights, not just of local but also migrant workers, are protected in Malaysia, and that the employment relationship continue to be between owner-operator end user employers who actually need workers to do work and the workers that work there to the exclusion of any third party labour suppliers or ‘contractors for labour’.

Charles Hector
Pranom Somwong
For and on behalf of the 107 Organisations listed below:-

Abra Migrant Workers Welfare Association - Hong Kong (AMWWA)

Abra Tinguian Ilocano Society - Hong Kong (ATIS-HK)

ALIRAN, Malaysia

All Women's Action Society (AWAM), Malaysia

Asian Migrants Center (AMC), Hong Kong

Asia Monitor Resource Centre (AMRC), Hong Kong

Asia Pacific Mission for Migrants (APMM)

Asia Pacific Forum on Women, Law and Development (APWLD)

Asian Migrants' Coordinating Body - Hong Kong (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Concerned Filipinos in Hong Kong (ACFIL-HK)

Association of Indonesia Migrant Workers in Indonesia (ATKI-Indonesia)

Australian Council of Trade Unions (ACTU)

BAYAN Hong Kong

Building and Wood Worker's International (BWI) Asia Pacific

Burma Campaign, Malaysia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

Center for Indonesian Migrant Workers (CIMW)

Center for Trade Union and Human Rights (CTUHR)

Clean Clothes Campaign (CCC)

Coordination of Action Research on Aids and Mobility (CARAM-ASIA)

Committee for Asian Women (CAW)

Community Action Network (CAN), Malaysia

Confederation of Voluntary Associations (COVA), Hyderabad, India

Cordillera Alliance Hong Kong (CORALL-HK)

Democratic Party For A New Society (DPNS), Burma

Dignity International, Malaysia

Education and Research Association for Consumers Malaysia (ERA Consumer Malaysia)

Filipino Friends Hong Kong (FFHK)

Filipino Migrants Association - Hong Kong (FMA)

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Filipino Women Migrant Workers Association - Hong Kong (FILWOM-HK)

Foundation for Women, Thailand

Friends of Bethune House (FBH), Hong Kong

GABRIELA Hong Kong

GABRIELA Philippines

Good Shepherd Sisters, Malaysia

Health Equity Initiatives (HEI), Malaysia

Housing Rights Task Force, Cambodia

Human Rights Education Institute of Burma (HREIB)

Human Security Alliance (HSA)

International Metalworkers' Federation (IMF)

IMA Research Foundation, Bangladesh

INFID (International NGO Forum on Indonesian Development )

Institute for National and Democratic Studies (INDIES)

International Trade Union Confederation (ITUC)

Jakarta Legal Aid Institute, Indonesia

JERIT, Malaysia

Karmojibi Nari , Bangladesh

Kalyanamitra, Indonesia

Kav La'Oved , Israel

Kilusang Mayo Uno Labor Center

Komite Independen Pemantau Pemilu (Independent Committee for Election Monitoring), Indonesia

Legal Support for Children and Women (LSCW), Cambodia

LLG Cultural Development Centre, Malaysia

Malaysians Against Death Penalty and Torture (MADPET)

Malaysian Election Observers Network (MEO-Net)

MakeItfair

MAP Foundation, Thailand

Maquila Solidarity Network, Canada

May 1st Coalition for Worker & Immigrant Rights, NY-USA

Migrant CARE, Indonesia

Migrant Forum in Asia (MFA)

Migrant Trade Union, Korea (MTU)

Migrante International

National Alliance of Women Human Rights Defenders, Nepal

Network of Action for Migrants in Malaysia (NAMM)

National League For Democracy (Liberated Area )[ NLD(LA)], Malaysia

Pakistan Rural Workers Social Welfare Organization (PRWSWO)

Peduli Buruh Migran, Indonesia

Penang Watch, Malaysia

People's Green Coalition

Pergerakan Indonesia

Perkumpulan PRAXIS, Indonesia

Persatuan Kesedaran Komuniti, Selangor (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita Selangor

Pinatud a Saleng ti Umili (PSU)

Pusat KOMAS, Malaysia

Quê Me: Action for Democracy in Vietnam

Saya Anak Bangsa Malaysia (SABM)

Sedane Labour Resource Center/(Lembaga Informasi Perburuhan Sedane), Indonesia

Serikat Buruh Migran Indonesia (SBMI)

Shan Women Action Network (SWAN), Thailand

Silicon Valley Toxics Coalition

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

SOS(Save Ourselves), Malaysia

Suaram, Malaysia

Tenaganita, Malaysia

Thai Committee for Refugees Foundation (TCR)

The Filipino Women's Organization in Quebec, Canada

The GoodElectronics Network

Think Centre (Singapore)

UNIMIG (Union Migrant Indonesia)

United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)

United Pangasinan in Hong Kong (UPHK)

Urban Community Mission (UCM Jakarta), Indonesia

Vietnam Committee on Human Rights

WARBE Development Foundation, Bangladesh

Women Forum for Women, Nepal

Women Legal BUREAU, Philippines

WOREC, Nepal

Workers Assistance Center, Inc (WAC), Philippines

Workers Hub For Change (WH4C)

Yasanti

Yayasan LINTAS NUSA (Batam Indonesia)