Labour rights organisation Tenaganita has called on the government to address continued problems faced by migrant workers in the country in order to deal with the growing rate of HIV infection in Malaysia.

In a press statement released ahead of the World Aids Day which falls on Dec 1, Tenaganita director Irene Fernandez said there are approximately 500 new cases every month, to add to the total of 48,000 cases in the country.

From the statistics, Fernandez said one of the most vulnerable groups in the country to HIV infection is migrant workers who not uncommonly face problems such as violence, abuse, sexual violence, assault and police brutality while they work in Malaysia.

"The migrant workers who leave their partners and loved ones behind face loneliness and intense emotions being away from home. According to the single entry policy of recruitment, they are not allowed to bring their spouse. Consequently, they become vulnerable," she said.

This vulnerability, said Fernandez, is shown in the high number of "runaway" workers. Last year alone, the figure for domestic workers topped 56,000 cases.

"(Domestic workers), who are isolated and work in an individualised conditions, are the least protected and the most exploited of workers. They have neither recognition of their work nor rights guaranteed by law.

"We know of story and story of domestic workers being abused physically, sexually, mentally and psychologically. These women have no access to information or time off for them to access programmes on HIV/Aids."

The situation is worsened when they run away, said Fernandez, because these workers are forced to remain invisible in society.

Legalising violence

Meanwhile, the labour rights activist also expressed concern over continued reports of police brutality towards migrant workers who are held in custody.

"Tenaganita has been receiving feedback from recent detainees that police brutality continues. Detainees are beaten up and (have to undergo) other forms of violence . This creates intense fear and results in complete submission by the detainees...which makes them vulnerable," she said.

Fernandez also called on the government to reform provisions in the current Immigration Act which punishes illegal workers and address directly the root causes that workers become undocumented.

"Custodial violence is very institutionalised (because) the Immigration Act has made it 'legal' to grievously hurt and criminalise migrants," she said referring to provisions in the law which provide for undocumented migrants to be fined, jailed and whipped.

As a result of the law, recent data released by the Home Ministry revealed that at present, there are over 45,000 migrant workers in prisons with some 9,000 of them already whipped.

Fernandez said the fear of arrest and whipping has further pushed undocumented workers underground, hence limiting their access to information and programmes on HIV/Aids prevention.

In order to move in the direction of creating and enabling environment to reduce HIV/Aids infection, the labour rights activist said the government must be open to feedback and information from organisations such as human rights groups and defenders of marginalised groups.

"The government should immediately establish an independent Commission of Inquiry into the conditions in detention camps and other forms of violence perpetrated against migrant workers," she added.