Malaysia records most migrants death (The Himalayan Times)

"...Malaysia has emerged as a new death bed for Nepali migrant workers leaving Saudi Arabia far behind..." this is embarrassing, and Malaysian government need to respond.. 

 Malaysia records most migrants death

Added At:  2013-01-21 10:26 PM

Last Updated At: 2013-01-21 10:26 PM

HIMALAYAN NEWS SERVICE

KATHMANDU: Malaysia has emerged as a new death bed for Nepali migrant workers leaving Saudi Arabia far behind.

About 113 Nepali migrant workers lost their lives in the destination in the last six months, according to Foreign Employment Promotion Board.

Last year Saudi Arabia claimed 85 lives followed by Qatar (73), the United Arab Emirates (22) and Kuwait (seven). About eight Nepali migrant workers died in the South Korea — the most lucrative job destination among the preferred foreign job markets in recent days.

About 324 Nepalis have lost their lives in current fiscal year but Malaysia topped the list with most deaths, said acting executive director at the board Girija Sharma.

“But the data is of the recorded legal migrant workers, who have applied for compensation,” she said, adding that there is no record of death of illegal migrant workers.

The board provides Rs 150,000 compensation to family of deceased migrant workers.

However, migration experts believe that annual death at the foreign land is double than the recorded data.

“We do not have mechanism to keep accounts of dead bodies entering country from Tribhuvan International Airport, which is a shame,” said migration expert Dr Ganesh Gurung.

About 3.5 million Nepalis are believed to be working in foreign lands but only 2.5 million are legal. Of the one million undocumented migrant workers, nearly 200,000 are women migrant workers mainly based in Gulf countries.

According to the board, about 108 Nepali migrant workers have died in accidents. Death of about 64 Nepalis remained undiscovered as they died while sleeping. Such deaths were widely known as ‘silent killer’ among Nepalis working in the Gulf countries.

Likewise, some 47 Nepalis dies naturally and some 35 committed suicide. About 51 migrant workers died in road accidents, whereas work related hazardous claimed six lives since mid-July 2012.

The board’s record revealed that Nepalis death in the foreign land has significantly increased in the last three years. According to the board, about 466 Nepalis died in foreign lands in the fiscal year 2010-11 and some 643 in a year back.- The Himalayan Times, 21/1/2013, Malaysia records most migrants death

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

Are they trying to deny migrant workers minimum wages?

Published: Wednesday January 16, 2013 MYT 7:39:00 PM
Updated: Wednesday January 16, 2013 MYT 7:47:13 PM

Special committee to find jobs for 50,000 foreign workers at petrol stations

KUALA LUMPUR: The Government has set up a special committee to find jobs for 50,000 foreign workers at petrol stations who are expected to be retrenched due to the recently implemented minimum wage policy.

Human Resource Minister Datuk Seri Dr. S. Subramaniam said that the committee, which is placed under his ministry, would channel the workers into other sectors that could afford to hire them at a minimum salary of RM900 for those working in the Peninsula, and RM800 in Sabah and Sarawak.

“The minimum wage policy is here to stay and we will not back-track,” he told reporters on Wednesday.

On Tuesday, Deputy Human Resource Minister Datuk Maznah was reported as saying that the implementation of the policy was expected to cause about 50,000 foreigners working in petrol stations nationwide to lose their jobs this year.

She said that this was because employers, facing an increase in labour costs, would promote self-service.

The monthly salary for a petrol station worker before this was between RM600 to RM700.

Subramaniam said this after making his keynote speech at the 2nd Datacentre Malaysia Conference and Exhibition at the Intercontinental Hotel here.

The two-day conference was attended by some 300 industry players from 15 countries.

The Minister said in his speech that the data centre industry was seen as a major contributor to the country's economy and is expected to contribute RM2.4bil to Malaysia's Gross National Income and create about 13, 290 jobs in the country by year 2020.

“Without a doubt, a thriving data centre industry in Malaysia will also provide the critical infrastructure needed to make the Malaysian digital economy work, in particular low latency from devices to the cloud,” he said, adding that the country's strong economy and stable geographical location made it a suitable data centre hub," he said. - Star, 16/1/2013, Special committee to find jobs for 50,000 foreign workers at petrol stations

Fight the attempt of some employers to get migrant workers to pay levy...

Come 1st January 2013, workers in Malaysia should have started receiving minimum wages of RM900 for those in Peninsular Malaysia, and RM800 for those in East Malaysia, but alas many employers are trying to evade paying Minimum Wages. For Malaysia, who never had 'minimum wages', this would be the first time that the government had to step in through laws to require employers to pay their workers a minimum wage. The call for minimum wages have been made by workers and trade unions for a long time, but finally the government decided to move when their own survey of salaries of Malaysian workers in 2009 revealed that employers were unjustly paying workers low wages. The National Employment Returns 2009, 34% of 1.3 million workers in the study earn less than RM700. The poverty income line for 2009, for Sabah (RM1048) and Sarawak (RM912), whilst for Peninsular Malaysia it is RM763. Malaysia's average poverty line income then was RM800. - Charles Hector Blog

In Malaysia, the employment laws clearly prohibit discrimination of workers based on nationality, and clearly and justly, when we talk about minimum wages, we are talking about Basic Wages, i.e. work for 8 hours per day, not including rest days, public holidays, overtime, allowances like shift allowances and other benefits. The Human Resource Ministry for a long time was wrongly allowing some employers to recover levy payments and other payments, which in law were not permissible lawful deductions, and finally as of 1st April 2009, employers were no longer allowed to make such wage deductions to recover levy that employers have to pay the government when they choose to employ a migrant worker rather than a local worker.

The rationale behind getting employers to bear the levy was to discourage them from employing foreigners.... - Bernama, - Star, 16/4/2009

Sadly, again some employers are trying to change the law yet again, and this government having been shown to be pro-employer may again discriminate against migrant workers. Remember that migrant workers in Malaysia do not have the freedom of association, and as such have no one to lobby for their rights, save for the Malaysian Trade Unions and civil society organisations. Migrants in Malaysia can join trade unions, but they cannot hold office in these trade unions and cannot on their own form trade unions. With the advent of the 'contractor for labour system', many migrants are today no more employees of the principal or the factories where they work. Effectively, their right to join trade unions and benefit from Collective Bargain Agreements have been substantially diminished. Factories and employers complain that the Malaysian government has made it even more difficult for them to hire workers as their own employees - but some good employers still do, as a matter of policy, ensure that all workers working for them are their employees.

We need to fight these trend of evading employment relationship - by the using of workers not my employees. In the struggle for worker rights, we need to fight attempts to 'divide and exploit'... and ensure that all workers are treated as workers irrespective of nationality, etc...

Monday January 7, 2013

Industries welcome ‘let workers pay levy’ suggestion

By IVAN LOH

IPOH: Various industries have welcomed a suggestion that foreign workers' wages should include their levy, transportation and allowances for accommodation.

It would be less taxing on their respective companies or employers, said Federation of Malaysian Manu-facturers Perak branch chairman Datuk Gan Tack Kong, referring to a suggestion by MCA president Datuk Seri Dr Chua Soi Lek.

“The implementation of the minimum wage policy is already stressful to most companies. There are even companies offering foreign workers wages of more than RM1,000.”

“There are also workers who can claim overtime and their wages can be doubled,” he said.

He said several multinational companies had told him that they were doing the best they could for their workers.

Real Estate and Housing Deve-lopers Association Malaysia Perak branch chairman Datuk Francis Lee Yew Hean said he concurred with Dr Chua's suggestion.

”Whether it's accommodation or transportation, all costs are incurred by the employers and we should recognise this,” he said.

However, he stressed that companies which were capable of providing accommodation, meals and transportation together with the wages should do so.

Federation of Malaysian Vegetable Growers secretary-general Chay Ee Mong said the suggestion was acceptable as most foreign employees were given other benefits like insurance. He also pointed out that most foreign workers in farms were earning more than locals as accommodation was provided for them.

“They stay in a group and can save by cooking and sharing their meals and there's no need to fork out extra transportation costs,” he said.

Batu Pahat Chinese Chamber of Commerce president Gan Eng Huat said it would be great if the Govern-ment agreed to the suggestion.

Gan said the furniture industry was among those most affected by the policy.

Citing an example, he said a furniture manufacturer here had about 1,000 foreign workers and with the new policy, had to pay each of them an extra RM300 to RM450. - Star Online, 7/1/2013,Industries welcome ‘let workers pay levy’ suggestion

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