DAP lawmakers have called for the government to take harsher action against the employers who hired illegal migrant workers to work on the Forest City project site.

Both Bukit Mertajam parliamentarian Steven Sim and Senai assemblyperson Wong Shu Qi (photo above) said the government should treat these undocumented workers as human trafficking victims.

Citing Malaysiakini's special report on illegal migrant workers hired by Forest City and the follow-up report by the Home Ministry, which looked into the possibility of legalising these workers, Sim said it is easier to say sorry than ask for permission to do things in Malaysia.

"The combination of loose border controls and the convenience of legalising undocumented workers seems to encourage illegal entry into the country including via human trafficking.

"The government’s policy is therefore tantamount to saying 'it is easier to say sorry than to ask for permission. Break the law first, apologise later and then receive approval," Sim (photo) said in a statement.

On Monday, Malaysiakini reported that hundreds of Chinese nationals were forced to return home after finding out that they might not receive payment from the Forest City sub-contractors. These workers originally arrived in Malaysia under tourist visas.

Some workers, who had chosen to stay on in Forest City were owed up to six months' salary, and are currently surviving on a monthly allowance of RM300.

Harsh legal action needed

Immigration Department director-general Mustafar Ali said that his enforcement team would raid the project. Forest City developer Country Garden Pacificview Sdn Bhd vowed to investigate the matter and take action against errant contractors.

"I reiterate my stance that the government should not allow the employers to legalise their illegal migrant workers, and that harsh legal action should be taken against these employers as a lesson to foreign companies operating on our shores, as well as to demonstrate our seriousness with regard to immigration offences," Sim said.

He urged the government to treat the undocumented migrants as trafficked persons who may be rightfully compensated under Section 66A and 66B of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2015.

Section 66A (1) of the Act enables trafficking victims to receive compensation from convicted persons, while Section 66B (1) of the Act allows them to receive payment of wages even if there is no conviction.

"In other words, under the two sections introduced in the 2015 amendment, these undocumented migrant workers, if henceforth are treated as trafficked persons, can be compensated financially for their predicaments," he said.

"This exposé has further tarnished Malaysia’s name, by reconfirming our notoriety as a hub for human trafficking in the region.

"As such the government must take immediate action against the guilty parties, as well as provide protection to the victims to redeem our country’s image," said Sim, who is also deputy spokesperson for the DAP Parliamentary Committee on Human Resources.

Shocking exposé

Meanwhile, Wong said the exposé by Malaysiakini on Forest City migrant workers was shocking and it was unbelievable that so many foreigners could enter and exit Malaysia under the Home Ministry's radar.

"Such action is totally unacceptable in Malaysia. The government should take the harshest action possible against the employers who trafficked in and exploited both the documented and undocumented migrant workers," she said in a statement.

Malaysia is infamous for human trafficking and is still listed as a Tier 2 country by the US Department of State in its annual Trafficking in Persons Report, she said.

"Although we improved from the lowest tier, Tier 3, to Tier 2 last year by amending our laws to provide more protection to trafficked victims, I fear that the latest development will affect our ranking again," she said.

"I hereby urge the government to take the necessary actions to prevent similar incidents from occuring in the future.

"Since it is clear that most of the undocumented migrant workers in this case came into Malaysia via flights from China to Johor Baru, the Home Ministry should make sure that they carry out proper investigations and enforcement to ensure no person will overstay his or her visitor’s visa," she said.

"We must not allow the exploited workers to suffer even more when the government takes legal action against their employers," added Wong, who is the Johor DAP publicity secretary.