NGOs today launched a report comparing the migrant worker situation in Hong Kong and Malaysia, that pointed to poor or weak legislation as well as "bad governance" as the root causes of latter's burgeoning issues surrounding foreign worker abuse.

Commemorating International Migrants Day, Tenaganita and Coordination of Action Research on AIDS & Mobility (Caram) released their research report ‘Malaysia vs Hong Kong: Employers' Perception and Attitudes Towards Foreign Domestic Workers' today.

migrant workers - CRC walk The report found "significant differences between the attitudes of Hong Kong and Malaysian employers" towards foreign domestic workers (FDWs), despite, says Vivian Chong from Caram Asia, the circumstances in both countries being largely the same.

It said that "systematic gross violation" of migrant workers' rights arose because in Malaysia they were not recognised as "workers" but as "servants", a term also used in the Employment Act 1955.

"The survey with FDW employers revealed significant opposites between the attitudes of Hong Kong and Malaysian employers towards FDWs. It was found that the average Hong Kong employer viewed and treated their FDWs as employees, while Malaysians were more likely to view them as ‘servants/maids', denoting a lower class of workers."

The report noted that the Hong Kong government's commitment to "proper laws, recognition through regulations and effective enforcement of laws" relating to foreign domestic workers translated to "positive perceptions and understanding of FDWs as seen in the Hong Kong employers' feedback".

In contrast Malaysian employers, says the report, "preferred to maintain status quo that has benefited them" and were resistant to laws that protected the rights of FDWs.

Agencies calling the shots?

"The authorities in Hong Kong adopted measures which raised the threshold on FDWs rights and imposed more stringent regulations that were more in line with its own labour laws alongside implementing procedures that eased immigration processes, while the authorities in Malaysia seem to take into consideration some issues raised ...but none of the proposals have been translated into regulations and amendments to the labour laws."

siti hajar indonesian tortured abused maid 190609 It noted that Hong Kong's policies had raised the level of acceptance and awareness among Hong Kong employers of the workers' rights, as opposed to the Malaysian experience.

For example, it found that 47 percent of Hong Kong employers had some knowledge of employment laws which contrasted with Malaysia's 6 percent.

"Despite their lack of knowledge of the law, around one in five Malaysian employers believed that their national laws protected FDWs, while 53 percent believed that both employers and FDWs were (presumably equally) protected," the report said.

Another "disturbing insight" according to the report, was that more than half (51.2 percent) of Malaysian employers disagreed that the government should punish employers who made their FDWs work for more than eight hours without rest in a day - currently FDWs work 14 hours per day without rest days.

"These views correspond with the public outcry against a Caram Asia-led campaign for one rest day per week in Malaysia since 2007," it said.

In another disturbing revelation, the report found 43 percent disagreed that it was wrong to ask a FDW to perform work other than what they were originally hired for.

‘Migrant worker is big business'

At the NGOs' press conference in Kuala Lumpur today to launch the report, the issue of human trafficking and migrant workers abuse also took centrestage.

irene fernandez interview 251108 05 "We have a large number of undocumented migrant workers (in Malaysia). We are ashamed that Malaysia does not recognise their rights. The problem is we do not have a comprehensive policy on migrant workers," said Tenaganita executive director Irene Fernandez ( right ).

"Their numbers can be reduced if there is proper governance," she said, adding the situation is a result of "corruption" and "bad governance".

She called for an end to looking at migrant workers as a threat to local security, and to stop punishing the workers rather than their employers and agents, noting that the latter are the root cause of the problem.

"It is clear that (the trafficking of workers) is a form of business. It's clearly a way to make money.‘Outsourcing' is also a way to make money," said Fernandez.

"What is saddening is that at every stage (of the process) the migrant worker has to pay for something," she said, pointing to various charges like medical checkups and insurance coverage.

Gov't lacks commitment to change

She questioned the recent requirement of compulsory insurance coverage for migrant workers, asking, "Who are the insurance companies, what is the coverage, who is going to benefit, and where is all the money going to?" she asked.

Indonesian domestic helpers maids "It works out to a lot of money. The lack of transparency in this new policy is worrying," she said, adding that previous experience does not bolster confidence in what the government is trying to achieve.

When asked after the event, Fernandez admitted that political will to make the necessary changes to legislation and governance was lacking in the country.

"With the present government, I don't have much confidence that (the situation) will change. That's why there will be a continuation of human trafficking under this present government.

"That's why traffickers can get away with impunity," said Fernandez.

"That's why the Anti-Trafficking Act cannot be just window dressing, a public relations exercise. It needs an overhaul, but is the government ready to do that?"