ALIRAN
   Home   Aliran Monthly    Statements   Human Rights    NGOs   Links   Join Us   About Us
Looking beyond the torture of Nirmala Bonat

Deeper systemic problems lie behind the abuse of migrant workers

by Penang Office for Human Development
Aliran Monthly 2004:5

Please support our work by buying a copy of our print publication, Aliran Monthly, from your nearest news-stand. Better still take out a subscription now. If you prefer to read our web-based edition, please support our work and make a donation.
For a US$10 donation (via credit card) For a US$25 donation

migrant_workers (7K)
Malaysian laws and policies (or the lack of them) do not adequately protect migrant workers.
Recent press reports have brought to light the sad and painful incidents of the abuse and torture of migrant workers in our country. The Malaysian image of a caring nation was shattered when pictures of abused Indonesian domestic helpers were splashed in major newspapers. The news reports subsequently drew a barrage of reaction from disgusted and angry Malaysians who could not stomach the fact that members of our community could commit such cruel acts.

Abuse not something new

Although the incident drew many reactions of shock and disbelief, we want to highlight the fact that the abuses are not just confined to physical abuses. Some migrant workers endure terrible mental torture and live in crippling fear of their employers. (Please see Appendix I for examples of abuses on migrant workers)

Migrant workers disadvantaged

Appendix I: Types of Abuses Endured by Migrant Workers
  • Wages to workers are not paid as per the contract even after they have fulfilled all the contact terms. Migrant workers spend a lot of money to come to this country. Wages earned are often used to pay up loans which they have secured and to feed their families back home. When employers do not pay wages, workers suffer untold anguish.


    • migrantshousing (7K)

  • Housing facilities that are not fit for human beings to live in. Migrant workers are often forced to live in cramped, dirty and badly furnished shacks or are crowded into houses meant for a single family. Domestic helpers are sometimes not given proper rooms of their own. These conditions promote diseases among the workers causing them more miseries. Some have died under such conditions.


  • Frequent Occupational Health and Industrial Accidents that injure workers severely. Migrant workers are rarely compensated but are instead sent back immediately to their country of origin shattering all their dreams and hope for a better future.


  • Constant harassment by authorities such as the Police and Immigration during �operasi� further aggravates their situation.
We would also like to draw attention to the fact that it is not to the advantage of the migrant workers to lodge complaints or reports against their employers. Migrant workers who make complaints against their employers are subject to various forms of abuses including verbal and physical threats by employers. This again causes workers to live under severe stress and fear. We have seen many cases where workers are immediately terminated and repatriated back to their home country where they are laden with huge debts, shame and misery. Therefore, workers put up with the abuses and torture rather than returning to their countries empty handed.

The system that we practice in Malaysia has put migrant workers are at complete disadvantage as far as seeking justice is concerned. Domestic workers are at a bigger disadvantage as they are not even considered �workers� and as such do not fall under the provisions of the Employment Act.

Defective laws and policies

start_quote (1K) Laws and policies are enforced with great speed and efficiency when migrant workers violate these laws but the situation is different when employers do the same. end_quote (1K)

Malaysian laws and policies (and the lack of them) in Malaysia do not adequately protect migrant workers. The few provisions in the Employment Act that do protect migrant workers are either enforced ineffectively or in some cases not at all. (Please see Appendix II for concrete examples)

Selective enforcement

The enforcement of existing laws and policies by relevant authorities such as the Immigration Department, the Industrial Relations Department and the Police Department are often enforced selectively � often to the complete detriment of migrant workers. The disparity is clear when this enforcement is judged from the standpoint of speed and precision. Laws and policies are enforced with great speed and efficiency when migrant workers violate these laws but the situation is different when employers do the same. (Please see examples in Appendix III)

Appendix II: Inadequate/Defective Laws and Policies
  • Employers are not required to abide by any minimum standards except in cases where MOUs are signed with certain countries. Even then, there is no mechanism whatsoever to ensure these minimum standards are complied with. Many domestic helpers are not granted any off days by the employers. The manufacturing sector and construction sectors often provide deplorable living conditions for their migrant workers.


  • Agents are allowed to reign free in Malaysia capitalising on a lucrative business that does not in any way make them accountable for their carelessness and irresponsibility. Except for a very small minority, agents often wash their hands off as soon as the workers are �delivered� to the employers.


  • Immigration policies that do not allow workers to stay in the country in the event they are terminated indiscriminately by their employers. Migrant workers are required to secure �Special Passes� at a hefty cost ofRM100 if they want to stay and seek justice from their employers. Even, so the Special passes are valid for only 1 month after which workers are required to �renew� it. Renewal is not guaranteed and is at the discretion of the Director General of Immigration. To make matters even harder for the workers, they are not allowed to work while holding the Special Passes. So how are the workers to survive in this country, pay for their Special Passes and at the same time seek redress for the injustice committed to them within a month?
All the above situations pointed out, have brought about an environment where employers have come to feel they have some unspoken �immunity�. Hence, migrant workers are virtually at the mercy of their employers who are confident they would be able to get away with almost anything at all. The employers are also fully aware that even if the matter is brought to the attention of the authorities i.e. the industrial court or civil court, the immigration policies in Malaysia would make it almost impossible for the migrant worker to successfully seek redress without first either running out of money or time � both of which is completely controlled the policies stipulated by the Immigration Department! (Please see paragraph 3 of Appendix II)

The sole reason, Nirmala Bonat received so much attention and quick redress was because the severity of her injuries warranted front-page play-up in all local newspapers. The resulting public outcry prompted the Malaysian authorities to swing into action. This goes to show that Malaysia can administer justice swiftly and effectively�when it chooses to do so. It is pertinent to note that many cases go unreported in the media. These migrant workers are not granted the privilege of swift justice that Nirmala Bonat received from the Malaysian authorities.

We therefore call on the government to:

  • Grant swift justice to migrant workers seeking justice and protection. Employers who break the law must be made accountable. Laws and policies that impede or delay this process (as illustrated in the examples) must be either amended or removed altogether.


  • Ensure that enforcement bodies such as the Immigration Department, the Industrial Court and the Police Force to enforce the law without bias. This enforcement must be carried out swiftly and impartially against employers who flout the law. The authorities must not wait till there is public outrage to swing into action.


    • Appendix III: Selective Enforcement
    • The Immigration Department is amazingly efficient and fast when Employers apply for Check-Out Memos (which allow the employers to deport workers back to their countries) but are extremely ineffective and slow in determining if the Check-Out Memo application is justified.


    • The Police and Immigration are also very fast and efficient when it comes to swooping down on migrant workers at every corner but are extremely slow and ineffective when investigating and apprehending Employers who have committed gross injustices against their migrant employees.


    • The justice system in Malaysia detains and punishes swiftly and severely migrant workers who are in violation of their contract (i.e. not being able to produce their travel papers on demand). Caning and deportation are some examples of brutal and painful punishment. But the same justice system does not hold employers responsible for their misconduct as swiftly. Often it takes up to four years before justice is restored to the workers whether through the civil courts or the Industrial Court. Immigration policies do not allow for such an extended stay in the country.


    • It has been brought to our attention that migrant workers have often been subjected to extortion by enforcement personnel. Enforcement personnel have also been known to take the employers� side in coercing workers to comply with unfair terms of employment. These allegations of extortion and gross misconduct by enforcement personnel must be investigated.
  • Ensure that relevant authorities stop all harassment of migrant workers by the authorities immediately.


  • Set minimum work and living environment standards that employers must adhere to. To achieve this effectively, the Government must ratify the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which was adopted by the UN General Assembly in 1990, and ensure its full implementation.


  • Recognise Domestic Helpers as workers and grant them all the rights that come with that status.
We also would like to invite all migrant workers who have been abused to bravely step forward and expose your employers. We also urge local employees who have reason to believe the migrant workers in their work place are being abused, to bring these cases to our attention. All calls will be treated as confidential. These complaints can be lodged at our centres (see address/contact numbers below). We will forward these complaints to the authorities and ensure they are acted upon. We will also make public the complaints as well as the outcome of the investigations by the relevant authorities.

Migrant Workers Support Centre (MWSC)
Tel/Fax: 04 3236787
Email: [email protected]
Contact: Ms Ruth Mary

Penang Office for Human Development
Tel: 04 2273405 Fax: 04 2283870
Email: [email protected]
Contact: Mr Joachim Xavier

Now e-mail us and tell us what you think.