About 100,000 Indonesian illegal migrant workers who have not been paid wages are refusing to return home even in the face of an imminent crackdown, claimed Indonesia's Labour and Transmigration Minister Fahmi Idris today.

According to him, most of those affected are domestic helpers while the rest are working in plantations, construction sites and factories

"Non-payment of salary is the main reason why the workers refuse to return although there's an amnesty," he said in an exclusive interview with malaysiakini in Kuala Lumpur.

It is estimated that there are some 300,000 Indonesian illegal migrant workers still in Malaysia. The government's amnesty period ends at midnight today.

The amnesty period has been extended twice on the request of the Indonesian government since last October.

The Malaysian government estimates that there are more than 1 million illegal migrant workers in the country - mainly from Indonesia. The rest are from the Philippines, Burma, Bangladesh, India and Sri Lanka.

Some 400,000 illegal workers have returned home since the amnesty was offered. Those who remain and are convicted are liable to be jailed and whipped before being deported. They will also be blacklisted and prevented from re-entering Malaysia.

Legal action

Meanwhile, Fahmi said legal action will be initiated against the employers if there are no "serious actions" by the Malaysian government.

"If by the middle of (next month) we still do not see decisive actions from the Malaysian government, then we'll continue with the legal actions," he added

He said the employers will be sued for non-payment of wages and for employing illegal migrant workers.

"I acknowledge the illegal status of the workers. But if the employers think that they can ignore and run away from it, then we will sue them for employing illegal migrants," he said.

"If they can escape from the first one (salary non-payment), they cannot escape from the second one (hiring illegal migrants).

He said the legal actions will not involve the Malaysian government.

"It's between the Indonesian illegal migrants and the companies. It has nothing to do with the government," he added

Early this month, Fahmi said the Indonesian embassy in Kuala Lumpur hired five lawyers to sue the employers who have been taking advantage of the amnesty to withhold the workers' wages.

However, the action was withdrawn later after a meeting between Indonesian President Susilo Bambang Yudhoyono and Prime Minister Abdullah Ahmad Badawi ( photo ).

Under the Immigration Act 2002, employers could face imprisonment and whipping for hiring illegal migrants.

"We are holding back legal action because the Malaysian government has agreed to settle the problem," said Fahmi.

Dodging the dragnet

The minister also noted that there are some Indonesian workers who refuse to return because they are confident of dodging the dragnet.

"They told me they escaped the previous crackdown. They've experienced it before," he said.

A similar nationwide crackdown was carried out in 2002 following the end of a four-month amnesty period then.

According to Fahmi, there is also a third scenario, where employers in the plantation sector are not allowing their workers to return.

The minister also urged the Malaysian government to ensure there are no human rights violations while carrying out the massive crackdown which will involve some 300,000 police officers, government officers and civilian volunteers.

Human rights groups are highly concerned about possible violations during the operations. The United Nations refugee agency has alerted its staff in Malaysia to protect refugees and asylum seekers if they are affected by the crackdown.