The new labour migration agreement between Malaysia and Indonesia, which sets a more rigid recruitment standard, fails to establish minimum standards for protecting migrant workers, said a rights group today.

The New York-based Human Rights Watch said in a statement that the agreement inked on May 10 between the two governments in Jakarta had several shortcomings that needed to be looked into.

Human Resources Minister Dr Fong Chan Onn signed on behalf of the Malaysian government while Indonesia was represented by its Minister of Manpower and Transmigration Jacob Nuwa Wea.

"This migrant labour agreement misses the opportunity to protect the rights of those who need it most," said La Shawn R Jefferson, executive director of the Women's Rights Division of Human Rights Watch.

Among the main issues not covered in the agreement include the lack of basic protection to migrant workers and the exclusion of household workers - made up almost exclusively of women who are at grave risk of abuse and exploitation in Malaysia, said Jefferson.

"Some government officials have proposed a separate agreement for domestic workers, but no timeline has been announced. Domestic workers, unlike other migrant workers, are also excluded from most protections of Malaysia's employment laws," he added.

Tradeable goods

The two governments signed the long protracted deal with the main aim of regulating recruitment procedures for the hundreds of thousands of Indonesians who migrate to Malaysia for work each year.

The parties have been discussing the matter since December 2002 and a final agreement was only arrived at after a series of meetings in the past year.

According to government statistics, there are about two million Indonesian migrants working in Malaysia, and more than half of them do not have legal immigration status.

Approximately 75 percent of legal migrants are women, many of whom work in child care, housekeeping and elder care. Indonesian migrants also work in construction, agriculture and other sectors.

"Indonesian workers often encounter abuses at every stage of the migration cycle, but this accord treats them like tradeable goods, with almost no guarantees for their rights," added Jefferson.

Abuses against Indonesian migrant workers - including unpaid wages, unsafe working conditions, restrictions on freedom of movement, and verbal and physical abuse - are rampant in Malaysia and non-governmental organisations in both countries have highlighted thousands of complaints in the past few years.

The problems of theses workers are also related to the common practice in which their visas are tied to their employers, thus creating a legal loophole where workers who escape from abusive workplaces will lose their legal immigration status, can be detained and deported.

Employers and agents hold workers' passports, reducing their ability to negotiate working conditions or to run away.

Remedies and sanctions

According to Jefferson, the agreement fails to protect the right of these workers to hold their own passports and visas.

Jefferson also highlighted the lack of minimum standards for working conditions, including a defined minimum wage, hours of work, regular payment of wages, rest days, and safe workplaces.

"The agreement also failed to provide mechanisms for remedies for workers, or to outline sanctions for employers and labour agents who commit abuses," he said.

Under the agreement, Indonesian migrant workers are required to have basic qualifications in their respective field of work. These workers must also have insurance to work in Malaysia, which they must present to immigration officers prior to their embarkation.

These are expected to help reduce the number of illegal workers in the country.

Furthermore, the Indonesian workers are prohibited from bringing their family along. Malaysia is also pursuing similar agreements with Nepal, Vietnam and India.