Address root causes behind illegal workers problem, govt urged

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Two non-governmental organisations today expressed concern over the government's application of new immigration laws without addressing the root causes behind the problem of illegal immigrants.

Labour rights organisation Tenaganita said the presence of large number of undocumented workers is rooted in other forms of exploitation such as trade and trafficking of human beings, which is supported by institutional corruption.

Its director Irene Fernandez (photo) said irregular migration may also occur because of unscrupulous recruiting agents, irregular sub-contracted employment practices and a highly organised syndicated trade of documents such as passports.

"The fundamental question is that in the implementation of the Act, will these aspects be addressed and measures taken to eliminate them or will the migrant workers the victims be further victimised?" she said in a press statement.

The activist also described the new immigration laws, which take effect tomorrow, as "inhuman" and "unjust".

Under new provisions of the Immigration Act, illegal immigrants risk a maximum fine of RM10,000, a jail term of up to five years and whipping of up to six strokes if convicted of passport violations.

Economic desperation

According to Fernandez, large numbers of undocumented workers have remained despite the threat of being punished under the new laws because they could not secure a ticket to return and because of economic desperation.

"Many workers, especially from Indonesia, conscious that they would not be able to earn a living back home to feed their loved ones, believe it is worth the risk.

"Added to this, many contractors have instilled confidence in the workers that they would be able to deal with the enforcement officers and work would continue as usual," she explained.

In addition, Fernandez said the government should also apply the punitive aspects of the law equally on employers as on workers.

"Past experience shows that only a negligible number of employers have been charged in court and found guilty.

"But on the other hand, thousands of migrant workers have been arrested, beaten up and detained in camps where they have been held under dehumanised conditions," she said.

Fernandez also said the regional aspect of migration should be addressed since events and processes at one stage in the migrant's home country or "pre-departure" factors, may impact the "post-arrival" stage in the receiving country.

"The government must develop regional cooperation and understanding to address the issue," she said.

She added that bilateral agreements should be developed with respect of the rights of migrant workers and with effective mechanisms established.

Fernandez also urged the Malaysian government to ratify the United Nations Convention on the rights of migrant workers and that of their families.

'Myopic' view

Meanwhile, human rights organisation Suaram said the "myopic" view of the government in cracking down on illegal immigrants will perpetuate the problems faced by asylum seekers and refugees.

"There is a gulf of difference between economic migrants and refugees fleeing their countries from persecution.

"In the latter case, these people do not have a choice, and if forcibly returned, they will suffer further discrimination and persecution, possibly leading to torture and death," said Suaram Coordinator Eric Paulsen in a press statement.

Paulsen also pointed out that although Malaysia is not a signatory to the 1951 United Nations Refugee Convention, there is still a widely accepted prohibition of refoulement (forced repatriation) which requires compliance by all states since it has attained the status of customary international law.

The principle of non- refoulement refers to the prohibition against expulsion or forced return of an individual to a place where his or her life and freedom may be threatened.

On Tuesday, Immigration Department Director-General Mohd Jamal Kamdi said that asylum seekers will not be spared from the law since Malaysia is not a signatory to the 1951 Convention.

Hundreds of asylum seekers approached the United Nations High Commissioner for Refugees (UNHCR) this week in a bid to secure refugee papers before the immigration laws take effect.

The asylum seekers have since been registered by the UNHCR and are awaiting interviews with UN officials to determine their status.



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