NGOs: Migrant quota scandal shows Anwar's govt failed to fix rot

The government’s failure to enforce labour recruitment laws and policies highlights its shortcomings and inability to address the issue, said a migrant rights coalition.

In a strongly worded statement, the Migrant Workers Right to Redress Coalition (R2R) said the government has had exactly one year to “fix the rot” but not only did it fail but it also backtracked on a critical decision to implement structural reforms.

This came after Human Resources Minister V Sivakumar on Tuesday told Parliament his ministry will investigate the Malaysiakini’s exposé uncovering how fake contracts purported to be worth millions of ringgit with non-existent companies, were used to get quotas to import more than 1,000 workers.

“The government backtracked on a previous decision to make the Human Resources Ministry the main agency to manage foreign workers recruitment a few weeks after (Prime Minister) Anwar Ibrahim took office.

“Now (that decision) has tarnished his reputation for (making) overall labour reforms.

“Migrant workers being trafficked into Malaysia despite having been processed through official channels reflected a disorganised administration in regard to resolving labour issues,” said the group comprising PSM and six migrant NGOs.

Malaysiakini exposed how lax vetting by the government caused hundreds upon hundreds of workers to arrive to find there were no jobs waiting for them.

In the syndicate uncovered by Malaysiakini, a group of six companies obtained quotas to recruit a total of 1,625 migrant workers for the services sector in 2022.

The Immigration Department received approximately RM3 million in levy payments from these companies, while at least two deaths have been reported involving these firms.

READ MORE: Migrant worker import quota won via fake deals, then traded for millions

'Charge all those involved'

Calling for swift action by the MACC, R2R said everyone implicated in the "job scam-cum-human trafficking scheme" should be charged, including the six directors of companies exposed by Malaysiakini and public servants who approved the quotas.

Although the issue of displaced workers has been ongoing, and Sivakumar himself has “rescued” some affected workers in April, no employer has thus far been penalised, R2R said.

It also called on the Nepali and Bangladeshi High Commissions to investigate its diplomatic and labour staff, for attesting to fake job contracts, and for the Home Ministry to conduct its own probe on possible related corruption there.

Meanwhile, it urged the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Mapo), Suhakam and charities to support the hundreds upon hundreds of workers in such trafficking schemes who have been displaced by providing them with food and lodging.

Mapo should also be reformed and placed in the Prime Minister's Office instead of the Home Ministry to avoid conflicts of interest.

"As the Mapo secretary is placed under the Home Ministry, they would naturally not be able to boldly investigate the ministry officials involved in foreign workers abuses," R2R said.

Suhakam should also appoint a migrant workers commissioner "as the rights of migrant workers in Malaysia have been deteriorating under the Madani administration," R2R said.

Nepali deaths in migrant crisis not trivial

In a separate statement responding to the Malaysiakini expose, the Labour Solidarity and Learning Resources Association (LLRC, formerly known as Labour Law Reform Coalition) reiterated its call for a Royal Commission of Inquiry into the migrant worker management system.

“It is unfortunate that after so many years’ civil society outcry, the phenomenon of labour trafficking and forced labour remains unchanged,” it said.

LLRC also urged the government to set up an inter-agency labour task force to close the institutional loopholes that were being exploited by unscrupulous recruitment agents.

It asked for the task force to address the blatant fraudulent activities such as false documents for approval and reselling migrant worker quotas.

The broad coalition of 58 Malaysian trade unions and worker organisations expressed shock that the mysterious death of a Nepali worker and a recruitment agent, named Rinji Rai, at a workers’ accommodation in Nilai was classified as “no foul play”.

“The unusual two deaths linked to the migrant worker recruitment scandal should not be treated as a trivial matter,” it said.

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