It is encouraging to learn that long-awaited rules to control the influx of undocumented migrant workers are about to be introduced in Malaysia.

However, it is important for the public to know the rationale for better controls. It is also as important to adopt a pragmatic approach that recognises the importance of the social impact and consequences for regional stability.

The bottom line is that the new law on foreign workers should aim to solve problems created by current policies, and should not become an additional tool that benefits a select group.

The recent experience of Bangladeshi workers stranded at KLIA airport should serve as an early warning to Malaysia that we do not need outsourcing agents which charge RM8,000-12,000 per person when the official standard rate is RM4,300 per person, as set by Bangladeshi authorities.

In February 2007, the number of Bangladeshi workers was only 18,000, but this increased to 120,976 in June and 196,000 in September, when the intake was frozen by the cabinet committee for foreign workers. More than 200,000 persons with approved permits are still waiting for their turn to arrive in KLIA at the rate of 1,600 per day!

Several problems have been identified in relation to the outsourcing method which floods the labour market with foreigners, enables money being illegally collected from migrant workers, and sees foreign workers being exploited beyond the terms of their contract.

The current system also poses a threat to the employment rights of Malaysians. For example, students who want to work part-time in the health sector or supermarkets are being deprived of opportunities that have been farmed out to Bangladeshi and Indian nationals instead.

Every year, more than 240,000 school leavers joined the ranks of the unemployment. Instead of pushing a 'hire locals first' policy, the human resources ministry has shortened the advertised recruitment period for workers - from three months and three print media advertisements, to two weeks and in the Electronic Labour Exchange website to which not all youth have access.

Licensed agents recruiting foreign domestic helpers have been exploiting more than 320,000 employers by charging an exorbitant fee of about RM6,000 per maid, or double the qualified income of employers.

More than 80 percent of cases of 'run-away maids' have been traced to such agencies, while the majority of carriers of HIV, hepatitis and tuberculosis have entered the country via registered agents in the association of foreign workers' agencies.

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Policies and laws should be fair and equitable, and respond to the needs of society while preserving human values and equal employment opportunities.

As such, I propose the following measures:

Job opportunities should be given to Malaysians with a 'hire Malaysians first' policy and practice.

Recruitment and placement of foreign workers should be implemented on a government- to-government basis, under the human resources ministry's supervision.

Protection of workers and employers should be fully covered by insurance schemes.

Compulsory transit centres should screen the health and accredited skills of workers before they are sent to employers.

Existing agencies should be serve as training centers and skills certification centres, charging standardised fees.

Employers of domestice helpers should attend a compulsory induction programme conducted by NGOs or non-maid agencies linked to educational institutions.

Any household that hires more than one maid under the same roof should pay at least 300-1,000 percent more as a levy.

Outsourcing companies should be tagged as service providers rather than employers, to ensure balance in the labour market.

There should be a cap on fees that outsourcing agents can charge, based on cost plus model.

Foreign workers should not be allowed to work part-time in the front offices of the service sector, such as hotels, restaurant chains, computer sales and services and supermarkets.

Foreign students should be allowed to work in relevant industries, to reduce the number of foreign workers.

Foreign workers should get the same treatment as unionised workers, including access to legal protection and EPF contributions.

Policies that require the withholding of passports must be revoked because this is an open insult to the sovereignty of the sending nations.

Malaysia authorities have failed to recognise the root of the problems because policy makers only create policies for the sake of economic gain by certain groups.

The new law on foreign labour intake should involve participation by all stakeholders before it is tabled in Parliament.

The prime minister should be alert to the presence of opportunists. Failure to introduce fair and equitable laws will certainly escalate diplomatic tensions around the region.

ALEX ONG is a co-ordinator of Jakarta-based non-governmental organisation Migrant Care.