by Joachim F Xavier
Aliran Monthly Vol 25 (2005): Issue 1

	We did not bother to ensure they received just wages; instead, we allowed these workers to be milked to the hilt — up to 12 hours a day in many cases — under atrocious conditions. Joachim F Xavier

Someone once said that the truth always hurts. Recently, Indonesian Manpower and Transmigration Minister Fahmi Idris accused Malaysia of not protecting undocumented migrant workers from unscrupulous employers who took advantage of the Malaysian Government’s relentless drive to send undocumented workers packing. Fahmi went further to accuse Malaysia of being lenient on employers but hard on workers, of being biased in its enforcement of the law. Unfortunately, these accusations did not go down well with Malaysians. We reacted indignantly and in a typically Malaysian style – just deny!

Newspapers were full of statements chiding the minister for his strong words. Politicians did the usual, scrambling to deny these statements before even finding out if there was any truth in them. Ordinary Malaysians felt Indonesia was being ungrateful. After all, Malaysia has been such a good neighbour. We provided the Indonesians with job opportunities and a better life. We extended the amnesty period three times and even took a softer approach with Ops Nasihat. We also claimed we were the first to arrive in Aceh after the tsunami struck Indonesia, lending them our assistance wherever possible. We are good and caring people, you see!

Caring Malaysians?

But are we? Did we provide jobs to the Indonesians because we truly cared for their welfare or was it because we wanted to expand our economy using cheap labour – documented or otherwise? Did we extend the amnesty period because we truly cared for the migrant workers or was it because we were worried about a possible implementation disaster if the crackdown went full force without the participation of the Police?

Or was it because the Home Affairs Ministry had finally come to terms that the possibility of corruption within its ranks could lead to potential abuse of power and diplomatic embarrassment? Or was it because thef Police had questioned the lack of coordination within the police? Or did we extend the amnesty because we would look bad if we sent migrant workers home when they had no houses to go home to? Did we care for ourselves or for the migrant workers?

It is high time we called a spade a spade. The truth is we have treated migrant workers without any care and concern for them. We were too concerned about our own selfish wants and desires. It was all about our economy, our businesses, our wealth, our health and our society. It was never about the migrant workers and - if our current responses are anything to go by - it will never be about their well being. Even now, the Home Ministry is working hard to get these workers back to Malaysia legally so that our economy won’t suffer.

Facing the raw truth

For so many years now, we have given migrant workers a raw deal. We only wanted their labour – nothing else. This is evident in the many ways Malaysia has turned a blind eye to all the atrocities the workers have endured here as a result of the biased administration of the law, which does not protect the workers but instead victimizes them.

We did not bother to ensure they received just wages; instead, we allowed these workers to be milked to the hilt — up to 12 hours a day in many cases — under atrocious conditions. We did not bother to ensure employers provided workers with decent living conditions; instead, we ensured that many houses would be built with their sweat and tears and occasionally with their lives — for the comfort of Malaysians. We did not bother to ensure that the justice system would adequately protect migrant workers whose services had been arbitrarily terminated; instead, we maintained our pro-business attitude to ensure that Malaysian employers maximised profits on the back of cheap labour.

We did not ensure that cheated workers were allowed to remain in the country to exercise their legal rights to resolve their grievances in court; instead, we said nothing when our politicians made empty promises and rhetorical claims that migrant workers’ rights have always been protected. We did not bother when the enforcers of the lawin some cases took advantage of the poor and weak position of migrant workers; instead, we closed an eye to the bullying and harassment of migrant workers.

We have turned a blind eye for far too long. And now when a foreign government has finally decided to defend their people’s rights, we jump up indignantly, cry foul and feel that it is actually we who have been treated unfairly! How blind have we become? We perhaps need to examine our motives and admit that they have not been as noble as we often make them out to be.

Ad-hoc responses

So, what is all the fuss about? What’s wrong with wanting to deport undocumented workers back to their countries? Isn’t that something that every country should do to preserve law and order? Of course - any sane person would agree with that. The issue is not the deportation of migrant workers, but rather the manner in which we have chosen to deal with these very pressing issues that has cast a cloud on our motives and integrity as a caring nation.

Has the Malaysian Government - specifically, the Home Affairs Ministry and Human Resources Ministry - taken the time to sit down and find out the real reasons why there are so many undocumented migrant workers in this country? Or have they been too busy dealing with issues on an ad-hoc basis. If Home Affairs Minister Azmi Khalid or Human Resources Minister Fong Chan Onn were both dealing with termite infestations in their homes, an ad-hoc approach would be sufficient.

But this is a national issue. It involves people and their future. We are dealing with human beings who have dreams, hopes and needs. One would have thought that after years of unsuccessfully trying to stem the influx of undocumented migrant workers, the Government would have abandoned its ad-hoc approach and tackled this issue firmly but humanely at its source.

Primary issues - errant employers and inadequate law enforcement

Migrant workers will always be attracted to Malaysia because we have plenty of work opportunities here. Who creates these work opportunities? Employers, of course.

Unfortunately this is where the crux of the problem lies – the primary cause. Although a majority of Malaysian employers are law-abiding citizens, there are also an equally large number of employers who will not hesitate to hire undocumented workers. It is cheaper - no agent’s fee or government levy to pay. It is a lot faster - minus the bureaucratic hassle of both sending and receiving countries and definitely a lot more convenient - when you don’t need the workers, just discard them into the streets. Such employers are creating ample employment market for undocumented migrant workers.

To ordinary people in neigbouring countries who struggle to feed their families, the juicy carrot of employment in Malaysia is just too hard to resist. They therefore risk everything to come here and take up the offer, which in their minds, is a lot better than starving back home or worse, seeing their family members die of hunger. To these individuals, no law which promises whipping and detention is going to stop them from coming to Malaysia. To them only the law of life and death applies.

As long as there is a demand, there will be supply. But what if we kill the demand? What if potential undocumented workers begin to see that they won’t have a job when they arrive on our shores? What if word got around in their villages that there are hardly any Malaysian employers who would give jobs to anyone without valid documentation? Would these workers still come or would they encourage their friends to come? I think not - for no right minded worker would part with RM5,000-10,000 (illegal agent’s fee) when he knows that he is not going to receive more in return. But is this the case now in Malaysia?

In Malaysia, migrant workers can waltz in and be assured that there are numerous employers who would happily offer them jobs. It does not matter if the wage is bad for that’s a lot better than no wage at all. And why is this so? Why do unscrupulous employers not hesitate one moment to employ undocumented migrant workers? Because, the Government, in many cases, closes an eye. Although the law is very clear that such employers would be punished severely, the enforcement of this law has been utterly pathetic. Even the Home Minister has lamented that very few employers have been charged in court for hiring undocumented workers.

But, until he translates his words into enforcement, it is mere political rhetoric. Employers are fully aware that they can get away with it. They know that only workers are hunted down and not employers. They also know that even if the law does catch up with them, corruption could very well save them for another round of exploitation and abuse of workers. It is as simple as that.

What about greedy agents? They sit right in the middle of the demand and supply chain. Some of them go as far as transporting the workers into the country, greasing the palms of the occasional enforcement officers they meet along the way, and then dumping the workers on our shores without as much as a referral of a potential employer. The agents then disappear into thin air and so too the dreams of the newly arrived migrant workers. These agents too are aware of the feeble law enforcement culture in Malaysia and are laughing - laughing all the way to the bank.

What good is a law if it is not enforced? It is not worth the paper it is written on. If a government has been callous in the enforcement of the law, it has by and large allowed the perpetuation of such illegal activities and it becomes an accomplice to such activities. If a government becomes party to such activities, then the nation must brace itself for the damaging consequences.

Secondary issues

With such activities happening right under our noses, why are we surprised when a host of secondary issues arise as a result of the presence of over a million undocumented migrant workers? Why are we upset when our resources are stretched to the maximum trying to track them down or when our detention centres and jails are bursting at their seams? Why are we upset when social issue problems crop up?

Why do we get upset when these workers insist on their wages or when a minister of a foreign country takes Malaysians to task for not being fair and objective in handling our affairs? And why do we get upset that diplomatic ties are strained when the status quo is openly questioned? Isn’t all these our own doing? Did we not bring this upon ourselves when we were so utterly callous and indifferent when the primary issues kept surfacing, staring at us in the face, screaming for attention?

The truth hurts

We got upset because we got hurt. We got hurt because the truth was spoken – and it always hurts, especially when we know it. Unfortunately it took a top ranking official of a neighbouring country to boldly jolt us out of our complacency. Various NGOs in Malaysia and internationally have for a long time highlighted these issues through various channels but often, it was met with indifference.

I personally have written to the Home Affairs Ministry and Human Resources Ministry, appealing to them to allow a group of Indian workers who had brought their employer to court to be permitted to stay (and hear their case until the case was resolved). No reply was received – not even an acknowledgement. It was only after we staged a sit-in in Putrajaya that the government looked into our plight. Such indifference has led Malaysia to its present state. Our image has been tarnished and we have become the laughing stock of the region.

But all is not lost. If the Government abandons its ad-hoc approach in addressing secondary issues and instead channels its energies into tackling the primary issues, Malaysia would get somewhere - hopefully with its credibility intact.

Enforce the law on employers...

The Government must enforce the law on employers. The law is clear. The Immigration Acts, 1959/63 (Am. Act A1154) promises a maximum fine of RM50,000 or a five-year jail term for hiring undocumented migrant workers.

Such enforcement must be given wide publicity so that all employers in the country will have no doubt that the Malaysian Government will come down hard on employers who so much as attempt to hire undocumented workers. This enforcement must be all-year-round and unrelenting just as the Government is unrelenting in dealing with undocumented migrant workers. The public should be encouraged to report errant companies. Workers caught in the process must be paid their dues but thereafter deported to their countries of origin.

Enforce the law!

The Government must clean up its house by wiping out rampant corruption among law enforcers. Today it isbelieved that some law enforcement officers solicit bribes from migrant workers. It is also believed that errant employers are ‘protected’ from possible action by some compromised law enforcement officers who refuse to investigate when reports are made.

And what about recruitment agencies who bring in workers illegally? Until and unless the Government is able to tackle these problems, it would be too ambitious to hope that it would be able to fairly enforce the law on migrant workers or employers. The issue of corruption has been a huge black mark in the Malaysian scene and I fear more international exposure and embarrassment is at risk if the government continues to mete out further self-righteous ‘operasi’ that do not take into account its own glaring and unacceptable weaknesses.

Is the Government aware that there are many illegal agents as well? Has there been any talk about these agents who amount to nothing more than conscience-less people involved in human trafficking? Will there be a crackdown on agents as well? They have become an integral part of the supply and demand chain, bringing in workers irrespective of whether there are jobs available or not - much to the detriment of the hopelessly trusting migrant workers.

Treat others as we would have others treat us

NGOs have had long grassroots experiences in this field. Unlike our dear Ministers who sit at heavy-oak tables in tinted-tiled palatial buildings, NGOs zig-zag the country meeting and talking to migrant workers in jungles, kongsis and construction sites. They get their hands and feet dirty but they also get the scoops that most Ministers will never hear in their lifetime.

And unless the Government lends a ear to these organisations, they will never get even close to understanding the hearts and minds of migrant workers and why they do what they do. Without such understanding, trying to solve the issue of undocumented migrant workers is akin to trying to shoot an arrow in a pitch dark environment. It will never hit its target but could instead fly astray and hurt someone else!

Finally, let us not cringe under Indonesia’s strong reaction. Its time we humble ourselves and admit that the injustices have been blatant and that we have failed miserably. Claims that Indonesia is biting the hand that feed it are at best immature and unduly defensive. Our humanitarian response to Indonesia does not absolve us of the responsibility to ensure that we treat migrant workers justly and fairly. In fact, if Malaysia is bold enough to claim that it is a compassionate and caring nation, it has only served notice on itself to conduct all its affairs in such a manner at all times and not only when it is convenient or glamorous to do so.

It is said that the maturity of a nation can be judged by the way it treats it weakest and poorest members of its society. If such a judgment was ever pronounced on us, I wonder how Malaysia would fare.

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Joachim F Xavier is the migrants’ ministry officer at the Penang Office for Human Development

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