Crossroads: Video Stories of Migrants in Malaysia

Crossroads: Video Stories of Migrants in Malaysia

Posted 9 May 2014 3:31 GMT

 

Crossroads is a video advocacy project aimed at developing and strengthening the advocacy and documentation capacity of migrant workers, refugees, stateless persons, and their support organisations in Malaysia. It is a collaboration between EngageMedia and Citizen Journalists Malaysia.

Malaysia has the highest numbers of migrant workers in Southeast Asia. According to government statistics from July 2013, the country has 2.1 million registered migrant workers and an estimated 1.3 illegal migrant workers within its borders. This means one in three workers comes from outside Malaysia.

Workers without valid documentation are considered illegal and are often subjected to various forms of abuse – ranging from illegal withholding of salaries, to engagement in bribery, and rape. However, the reality of the workers’ situations are not widely known or reported in the media. Various negative stereotypes exist in a hostile climate in the host community.

Crossroads Introduction

EngageMedia believes that by supporting migrant workers to take the lead in telling their own stories through video, Malaysians will gain a better understanding of their personal experiences, in order to correct the stereotypes and foster a climate of tolerance. The workers will also have the necessary skills to use video for evidence and documentation as aid in advocacy. 

In the past year, we organised a total of 12 workshops in Klang Valley, Selangor, and Kota Kinabalu, Sabah. For the 15 participants which included Indonesians, Nepalis, Malaysians, and Burmese, we provided skills in storytelling, video advocacy, storyboarding, video shooting and editing, online/offline video distribution, and online subtitling with Amara.

Cupin's Tale: Even Chickens Listen

Our participants came from various backgrounds, such as Karmadi (pictured top-right), who is an Indonesian migrant in Malaysia working in the construction sector. He made the time to attend all the training sessions despite his difficult work schedule, and recently purchased Malay-language books on photography to continue practicing around his various job-sites. He hopes that he “can use his new video and photography skills to do more than construction work”. In the video, Karmadi explains the hardships experienced by undocumented workers:

The authorities are not interested to know why the migrants are undocumented. They just want to punish them. No one wants to be an undocumented worker, but due to poor laws and enforcement, it gives agents a lot of opportunities to deceive desperate migrant workers.

The final videos produced by Karmadi and the other particpants were compiled into a DVD toolkit featuring 12 videos organised in five chapters according to the theme of migration they touch upon, namely, The 6P Programme, Support Systems for Migrant Workers, The Role of Law Enforcement Authorities, Seeking Protection, and Protecting Children. It also includes a Study Guide designed to give context to these videos for use in educational and advocacy purposes.

School of Hope

On 15 December 2013, a launch screening was organised in Kuala Lumpur, Malaysia, in collaboration with Tenanganita, a migrant rights NGO. The event was graced by its founder, the late Dr. Irene Fernandez, who reminded the 200 migrant worker guests of their fundamental human rights and stressed the importance of using video, among other means, as tools for evidence and documentation.

As project lead, I learned as much from the participants as I shared with them. These are not only stories of struggle in a foreign land, but also of resilience and hope for a better future. All the videos from the project and a PDF version of the Study Guide can be viewed and downloaded here.

Written by Seelan Palay

Migrant workers worse off in Malaysia than back home, say Asian MPs [Malaysian Insider]

Malaysia

Migrant workers worse off here than back home, say Asian MPs

BY JENNIFER GOMEZ
April 16, 2014

(From left) Malaysian member of parliament Charles Santiago; Sabiha Nazir from the National Assembly of Pakistan; Cambodian member of parliament Phirum Keo; Malaysia Bar Council member Datuk M. Ramachelvam; and Zakir Hussain, member of Constitutional Assembly of Nepal, during the Advisory Committee for Asian Inter-Parliamentary Caucus on Labour Migration held at Petaling Jaya today. – The Malaysian Insider by Afif Abd Halim, April 16, 2014.

An Asian parliamentary caucus on labour migration has called on Putrajaya to reveal details of MoUs it signed with nations who send their citizens to Malaysia for work, following reports of abuse and exploitation of migrant workers in the country. 

Nepal MP Zakir Hussain said his embassy officials told him that one Nepali death was recorded at detention camps in Malaysia every week due to starvation and limited access to healthcare. – The Malaysian Insider pic by Afif Abd Halim, April 16, 2014.Nepal MP Zakir Hussain said his embassy officials told him that one Nepali death was recorded at detention camps in Malaysia every week due to starvation and limited access to healthcare.

"A total of 346 Nepalese nationals died here last year, with 52 deaths in detention camps.

"What I don't understand is how Malaysia has adequate laws on migrant labour but practises low standards of human rights," Zakir said at a press conference today.

The caucus, which is on a fact-finding mission to Malaysia, also accused Putrajaya of being a stumbling block to the finalising of the Asean Framework Instrument on the Protection and Promotion of Human Rights of Migrant Workers which has been in the works since 2007.

Klang MP Charles Santiago, a member of the caucus, said there is no reason for the MOUs signed between Putrajaya and participating countries to be shrouded in secrecy. – The Malaysian Insider pic by Afif Abd Halim, April 16, 2014.Klang MP Charles Santiago, who is a member of the caucus, said the government has signed MoUs with Bangladesh, Nepal and Indonesia, among others, but details of these were unknown.

"It appears that those who are familiar with the content of the MoUs are labour brokers, who use it to manipulate migrant workers. This is the common complaint among the embassies and workers themselves.

"There is no reason for these MoUs to be shrouded in secrecy," Santiago added.

One of the recommendations of the caucus is for Putrajaya to have a government-to-government approach in the recruitment of migrant workers in order to minimise recruitment costs and exploitation by outsourcing to companies and labour brokers.

The caucus’s findings said that in addition to violation of labour rights including poor wages and long working hours, migrant workers in Malaysia continue to live in poverty, leading Pakistan MP Sabiha Nazir to say that in some instances, the workers are worse off than they were before in their country of origin. – The Malaysian Insider pic by Afif Abd Halim, April 16, 2014.The caucus also found that in addition to violation of labour rights including poor wages and long working hours, migrant workers in Malaysia continue to live in poverty.

"In some instances, they are worse off that they were before in their country of origin," said Pakistan MP Sabiha Nazir.

According to Santiago, the Malaysian Labour Department declined an invitation from the caucus to attend the three-day meeting which ends today.

Mariquit Melgar, a representative from the Philippines, also called on the Malaysian government to practice fair play, saying that Filipinos working in Malaysia since the 1970s have contributed to the development and economy of Malaysia. – The Malaysian Insider pic by Afif Abd Halim, April 16, 2014. 

Mariquit Melgar, a representative from the Philippines, also called on the Malaysian government to practice fair play, saying that Filipinos working in Malaysia since the 1970s have contributed to the development and economy of Malaysia.

 "In a session with our workers last month, they told us that they are not here to create trouble, and that they are doing their best, working long hours.

"They are not terrorists, they are not robbers, they just want better treatment and fair wages, is that too much to ask for?" she said.

In calling for recruitment of migrant workers to be conducted on an inter-governmental basis, Santiago said this would protect them from being exploited by outsourcing companies and labour brokers who were practicing "contract substitution".

"The Pakistan MP revealed that workers from her country had signed agreements with high wages  and wonderful terms in Pakistan, but when they got here, these outsourcing companies would substitute their contracts, where they would end up with poor wages and bad living conditions.

"The MP said that workers she met here yesterday were practically crying over allegations that they had been cheated by these middlemen," Santiago said.

Bar Council's chairperson for migrants and refugees Datuk M. Ramachelvam said that what was needed was another amnesty programme following the failure of the previous 6P programme by the government, which was aimed at regularising undocumented migrant workers.

"In one 6P processing centre in Wangsa Maju, the agent was collecting about RM2,000 from each migrant worker and there were about 8,000 there applying, which means the agent collected about RM16 million.

"But not one of them got their documents," he said.

He called on Putrajaya to take charge of both the recruitment and amnesty programme to prevent migrant workers from being fleeced by third parties.

The Asian parliamentary caucus representing 15 countries also called on Putrajaya to practise strong political will in restructuring the management of migrant workers. – April 16, 2014. - Malaysian Insider, Migrant workers worse off here than back home, say Asian MPs

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

68,000 undocumented migrants detained in 10 detention depots nationwide as at 6/1/2014?

Govt urged to overcome shortage of legal workers before roping in illegals

21/01/2014 - 19:00 

 

Alyaa Alhadjri

 

PETALING JAYA: The Master Builders Association of Malaysia (MBAM) wants the government to address issues surrounding limited supply of legal workers before embarking on yet another crackdown against undocumented migrants in the country.

MBAM president Matthew Tee told theantdaily that while the association did not condone the practice of hiring undocumented migrants to work in construction sites, there were often “not enough” legal workers available to complete a project within a stipulated deadline.

“The government should understand the reasons behind the high demands for illegal workers.

“MBAM has consistently requested for the workers’ recruitment process to be simplified as delays would ultimately affect implementation of an ongoing (construction) project,” Tee said.

He was responding to the Home Ministry’s large-scale operation against undocumented migrants beginning Jan 21, after the end of a “grace period” given to both workers and their employers.

Tee also noted that the process to hire a legal foreign worker could take up to eight months, involving dealings with multiple government ministries and agencies fraught with red-tape.

“There was a time in the 90s when the government issued MBAM with a one-off quota system to bring in foreign workers in light of a similar crackdown on undocumented migrants. Some of the construction sites (at the time) were grounded,” Tee recalled.

However, in a Bernama report on Aug 5 last year Immigration director-general Datuk Alias Ahmad was quoted as saying that the lead time to process visas and permits for foreign workers in the construction industry is 14 days and not eight months as claimed by MBAM.

Tee also urged the authorities to provide clear guidelines on future raids at construction sites as MBAM members, representing almost 90% of construction companies listed on Bursa Malaysia, were “seriously affected” in the past.

“Whenever there is news of raids, most of the workers, whether legal or illegal, will flee the work sites to avoid arrest.

“It is our (MBAM) understanding that all the workers, including the legal ones, will be detained unless they can prove that they have proper documentation,” Tee said, adding there were instances where legitimate immigration papers of foreign workers were not accepted by enforcement personnel due to lack of coordination between the agencies concerned.

Tee said it was “common procedure” for employers to keep their workers' documents in the office instead of taking them to the construction sites.

“MBAM urges the authorities to be consistent in their procedure when conducting such raids. Don't just take our workers away,” he stressed.

Home Minister Datuk Seri Ahmad Zahid Hamidi had also reportedly said all 2.3 million foreign workers in 10 recognised sectors were required to apply for the new I-Kad identification document by the end of this year.

Zahid said the colour-coded I-Kad, which will cost a worker or his employer RM110, will be fitted with high-tech security features such as biometric fingerprint and Nexcode mobile data security. It will be issued in stages according to sectors.

Tee, in response to Zahid, urged the government to consider charging lower fees for the I-Kad as employers were already paying levies and other processing fees.

“As we all know, the construction industry can be quite labour-intensive, which means that if an employer employs 1,000 foreign workers, he has to pay an additional RM110,000 for these I- cards,” Tee said.

Meanwhile, the crackdown is also expected to once again highlight various human rights issues pertaining to the government’s treatment of undocumented migrants.

These issues include overcrowding and poor facilities in detention depots, Malaysia’s non-recognition of refugee status, high-handed action by the authorities involved in raids as well as a perceived bias towards protecting the interests of third-party agents involved in the recruitment process.

Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar had on Jan 6 reportedly said there were some 68,000 undocumented migrants detained in 10 detention depots nationwide at a daily cost of RM35 per person for food and administrative matters.

This translates to a total cost of RM2.38 million a day, RM71.4 million a month and an average of RM8.56 billion a year, notwithstanding medical expenses which Wan Junaidi said could raise the cost to RM75 per person. - The Ant Daily, 21/1/2014, Govt urged to overcome shortage of legal workers before roping in illegals

Migrant Care Condemns Indonesian Workers Shooting in Malaysia

A number of activists from Migrant Care go on rally in front of the Malaysian embassy. TEMPO/Dasril Roszandi

MONDAY, 20 JANUARY, 2014 | 11:22 WIB

Migrant Care Condemns Indonesian Workers Shooting in Malaysia  

TEMPO.CO, Jakarta - An Indonesian non-profit organization named Migrant Care condemned shooting of three Indonesian migrant workers from East Nusa Tenggara in Malaysia in January 11. It has urged the government to take diplomatic steps such as sending protest note to the Malaysian government, downgrading diplomatic relations by withdrawing ambassador of Indonesia for Malaysia and declaring persona non grata upon ambassador of Malaysia for Indonesia, and urging the government to fulfill the rights of the victims and their family.

"And also to take investigative steps, as well as to solve this case through legal proceeding," Migrant Care Executive Director, Anis Hidayah, said in a written statement received by Tempo on Monday, January 20, 2014.

Migrant Care also urged the Malaysian government to immediately take responsibility of the shooting and investigate this case as well as other unsolved cases of shootings by the Royal Malaysia Police. "The Malaysian government must stop the killing of Indonesian migrant workers," Anis said.

Anis also urged other institutions to investigate this case. "We urged the National Commission of Human Rights, Suhakam Malaysia, and the House of Representatives to take investigative steps on this case," Anis said.

Three Indonesian migrant workers were shot dead by the Royal Malaysian Police in January 11. The victims are Wahab, 30, Sudarsono, 30, and Gusti Randa, 35. According to Consuler Chief of Consulate General of the Republic of Indonesia in Johor Baru Malaysia, Sri Nirmala, the three migrant workers were shot dead after fighting the police when they were inspecting illegal migrant workers.

RIZKI PUSPITA SARI - Tempo.Com, 20/1/2014, Migrant Care Condemns Indonesian Workers Shooting in Malaysia

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No foreign workers for fast-food outlets, says panel

No foreign workers for fast-food outlets, says panel

Bernama 5:12PM Jan 7, 2014

The Special Cabinet Committee on Foreign Workers and Illegal Immigrants (JKKA-PATI) has decided that fast-food concept restaurants will not be allowed to employ foreign workers.

The JKKA-PATI secretariat, in a statement issued after its meeting chaired by Deputy Prime Minister Muhyiddin Yassin in Putrajaya today, said the decision was made to give priority to local residents in filling up such vacancies.

“The government views the matter seriously and fast-food concept restaurant operators have been urged to employ locals who are still interested in working at such places, it said.

JKKA-PATI said cooking in fast-food restaurants was quite routine, as compared to those which needed experience to prepare a wide variety of dishes.

“Fast food restaurants are still popular as a source of employment among young people such as school-leavers and university students to obtain exposure and income, even as part-timers in the food industry,” it said.

Also present at the meeting were Home Minister Ahmad Zahid Hamidi, Domestic Trade, Cooperatives and Consumerism Minister Hasan Malek, Health Minister Dr S Subramaniam, Agriculture and Agro-based Industries Minister Ismail Sabri Yaakob, Tourism and Culture Minister Mohamed Nazri Abdul Aziz, Women, Family and Community Development Minister Rohani Karim and Plantation Industries and Commodities Minister Douglas Unggah Embas.

JKKA-PATI has also decided on several issues which included extending the government-to-government mechanism with Bangladesh, now being implemented in peninsular Malaysia to the Sarawak government to fill vacancies in the oil palm plantation sector.  
Its implementation in the peninsula had so far, generated positive impact, it said.

“The method of entry control, as well as security and health screenings by both countries is seen as being more systematic and addressed common problems on employing foreign workers,” added the statement.

Apart from that, JKKA-PATI said the Special Programme of Managing Illegal Immigrants (PKPP) which was being carried out at the Home Ministry One-Stop Approval Centre (OSC) will cease on Jan 20.

It also reminded employers who alleged being swindled by agents or middlemen during the 6P programme to present their cases at the OSC before the PKPP ended.

“It is hoped employers will approach the OSC fast to avoid further complications.

“After the programme has been terminated, the government will carry out stricter and continuous enforcement to ensure public security and order,” it said.

- Bernama

Guan Eng’s myopic view of migrant workers disappointing

CM’s myopic view of migrant workers

January 6, 2014

FMT LETTER: From Rani Rasiah, via e-mail

Penang Chief Minister Lim Guan Eng’s statement that the minimum wage should be restricted to Malaysians only and not extended to migrant workers is hugely disappointing. His reasoning that extending the minimum wage to migrant workers would increase business costs as well as result in a net outflow of money is lame and totally unacceptable.

Employers are under no compulsion to hire migrant workers and if indeed they are too costly, then bosses should stop hiring them! Or if it is felt that SMEs can’t cope with a larger wage bill, then the government should subsidise the SMEs in some way instead of asking workers to make a sacrifice.

Workers’ rights are not exactly a priority with bosses, and thus workers look to the government to intercede on their behalf. Unfortunately, the federal government has shown itself to be complicit with employers in the exploitation of both Malaysian and migrant workers. It is truly regrettable that Lim Guan Eng doesn’t differ from the federal government in this matter.

Instead of addressing the demands of Malaysian workers for better wages and working conditions, the government has flooded the labour market with cheap migrant labour. This has severely curtailed the bargaining power of local labour, and created youth unemployment among unskilled, academically poor Malaysian youths, a situation that is a contributing factor to social problems.

Creating an income differential by denying migrant workers the minimum wage will not change this situation. In fact it will only encourage companies to employ foreign workers because it is cheaper. Lim Guan Eng’s remarks are thus shortsighted and harmful for Malaysian youths and workers as well.

The situation is no better for the more than four million migrant workers whose exploitation is sanctioned by government policies. It’s officially known that workers passports are unlawfully held by bosses, a situation that places them in an extremely vulnerable position, and that has led to all kinds of abuses, including the crime of trafficking.

The PSM is against the exploitation of workers. Cost-cutting should not be at the expense of workers, whatever their nationality. All workers should be paid the minimum wage without further delay. Stop discriminating by skin colour and nationality!

Accord labour its due dignity! Legislate policy in the interest of society!

The writer is PSM central committee member and coordinator of its migrant desk - FMT, 6/1/2013, CM’s myopic view of migrant workers