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Despite consequences, many migrants workers expected to stay

As strict immigration laws providing for heavy fines, imprisonment and whipping of illegal immigrants looms, more than four-fifths of undocumented migrant workers are expected to remain in the country despite the dire consequences.

Based on statistics from the immigration department, less than 200,000 undocumented immigrants of various nationalities in Malaysia have departed since a general amnesty was announced on March 22. This is out of an estimated 1.5 million of them.

According to labour rights organisation, Tenaganita, some workers have prepared travel arrangements but are still planning to work until their departure date.

The organisation's Migrant Desk Coordinator Aegile Fernandez said some are also hopeful that the government will allow undocumented migrants to register for work permits as the July 31 deadline approaches.

"In 1996, there was a six-month period when the government allowed workers to register themselves. But that is unlikely this time," said Fernandez when met at her office in Kuala Lumpur recently.

However, the social activist added that many workers are unable to leave as they have failed to resolve certain financial problems.

"There were complications for some workers who want to remove their Employees Provident Fund savings.

"[The problems arose] because the EPF does not recognise travel permits held by the workers. They were told they needed their passports," she said in reference to workers who were forced to apply for one-way travel permits after losing their passports to agents or employers.

Non-payment of salaries

Fernandez said another problem faced by the undocumented workers was the non-payment of salaries by their employers.

"Many come to us to seek help to recover unpaid salaries. Some of the employers do not want to pay because they know that the workers have no choice but to leave by the end of the month," she added.

Meanwhile, large crowds of Indonesian migrant workers continue to approach the republic's Kuala Lumpur embassy to secure travel permits for their return.

Met outside the embassy, Hamdan, 28, a migrant worker from Medan, Sumatra, said he was applying for a RM40 one-way travel permit.

Hamdan said he is without a passport as he entered Malaysia illegally by boat with some 60 others.

"I travelled overnight in a small boat. I paid an agent about RM500 to be brought here," said the immigrant who spent the last 12 months working at various construction sites in and around Selangor.

Suriyati, a 26-year old Indonesian woman with a four-month-old baby, said she started working in Malaysia with a legal permit seven years ago, but later became "undocumented" because her permit was not renewed.

Ticket stalls

Several travel agents have also set up stalls outside the Indonesian embassy selling bus, ferry and flight tickets to various destinations in Indonesia.

"The cheaper tickets by Merpati Air and Garuda (Indonesia's national carrier) have sold out.

"There are only Malaysia Airlines tickets left. Boat tickets are still available but the problem now is there may not be enough time for everyone to get their travel permits," said one travel agent.

Under new provisions in the Immigration Act, illegal immigrants when arrested risk a maximum fine of RM10,000 or a jail term not exceeding five years or both and mandatory whipping up to six strokes.

Employers of undocumented workers are also liable to fines between RM10,000 and RM50,000 per employee and a jail term of up to one year, while employers who hire more than five illegal immigrants would be liable for mandatory whipping and jail terms not exceeding five years.

Indonesian immigrants form the largest group of undocumented migrant workers in Malaysia, numbering up to one million persons, followed by Bangladeshi migrant workers.

According to statistics released by the immigration department, between March 22 and July 11, a total of 145,578 Indonesians and 13,476 Bangladesh immigrants have left the country voluntarily after the amnesty period was announced.


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