A non-governmental organisation has called on the authorities to stop harassment of migrant workers while their cases are pending in the Industrial Relations Department (IRD) or Labour Court (LC).

Tenaganita director Irene Fernandez said today there are issues of concern that deny workers their right to redress and to be heard.

"Abuse of these rights will open the migrant workers to arrest, detention and deportation, discrimination in terms of wages and treatment, and promote exploitation and abuse of migrant workers," she said.

Fernandez related several cases of migrant workers whose passports are still withheld by their employers or the Immigration Department, which hamper workers who are filing a case at the IRD or LC since they cannot prove their identity without a passport.

These workers find themselves in a Catch 22 situation as on the other hand, the Immigration department requires a letter from the IRD or LC before it can release the passports, which the latter cannot do until a case is filed, Fernandez said at the International Migration Day celebration in Kuala Lumpur.

Without a passport in hand, the migrant worker is open to arrest, detention and deportation by Immigration officers and the police who do not understand the different types of visa or special pass that these workers have, she added.

Furthermore, she said, workers who are arrested and deported cannot pursue their cases and are thus forced to give up the claim for their rights and justice.

RM20 monthly renewal

"There is indeed a total lack of understanding, coordination and a comprehensive policy on migrant workers," said Fernandez, referring to numerous agencies like the Immigration, Human Resources and the police.

About 50 migrant workers, mostly Bangladeshis whose cases have been pending for about two years, were present to relate their experiences at the Legal Aid Bureau, at Wisma Kraftangan, Kuala Lumpur.

They lamented that they are not returned their passports and were only given special passes which needed a RM20 renewal monthly.

The workers complained that without passport and work permit, they are unable to work and support themselves.

They said they also had to send money home to their families who depended on them for a livelihood, now that it is bulan Ramadan (fasting month) and Murbarak (Hari Raya Aidil Fitri) celebrations are coming soon.

Lawyer S Muhendran, who is representing the workers, were also present and related his experiences with the Immigration Department.

Repeal Employment Restriction Act

Fernandez said that the right to redress and right to be heard is "blatantly taken away by the Employment Restriction Act because the Act restricts the employment of the worker to what is stipulated in the work permit only".

With this, she said, the worker cannot work in any other place especially when their cases are pending in court.

She said that in order to ensure equality before the law and to ensure the right to redress, the government must repeal the Act.

"Even when a migrant worker has won an award, the court has upheld his claim and justice has been done, the migrant worker is not permitted to work at all. He has to leave the country after receiving his compensation," said Fernandez.

"The victim, even when justice has been done and it has been proven that the employer was at fault, is further victimised by not being permitted to continue working in Malaysia," she added.

UN Convention violated

Fernandez said that although the Malaysian government has ratified the International Labour Organisation Convention 97, the various enforcement agencies' practices, polices and regulatory measures do not in anyway reflect the aspirations of the convention.

She said that the cases handled by Tenaganita all show clearly gross violations of the Convention which aspires to streamline laws, policies and practices related to migrant workers.

She added that Tenaganita is calling upon the ILO and Gabriela Rodriguez, United Nations Special Rapporteur, to intervene and demand an explanation on these violations.

A report will also be sent to the Human Rights Commission (Suhakam) on the need to uphold the fundamental rights of migrant workers, said Fernandez.

This year alone, Tenaganita handled 189 cases involving 400 migrant workers compared with 180 cases and 612 complainants last year.

However, Fernandez said, Tenaganita was only able to file 20 cases in the IRD.