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Human Rights Watch has condemned a Malaysian plan to
introduce tough laws that curb the movements of migrant employees
and allow employers “to lock up workers.”
Malaysia’s Prime Minister
Abdullah Badawi and Indonesian President Susilo Bambang Yudhoyuno
should commit themselves to protecting millions of Indonesian
migrants working in Malaysia, the New York-based rights watchdog
said Wednesday in a statement.
Abdullah is now on a two-day
visit of Indonesia to receive an Indonesian award for heads of
state, the Bintang Republik Indonesia Adipradana.
Approximately 2.6 million
migrants work in Malaysia, and the majority are Indonesians working
in plantations, construction and domestic service. There are also at
least a hundred thousand Filipinos.
Punitive policies
“Gaps in labor laws and
punitive immigration policies have left many migrants at risk of
abuse and labor exploitation by employers and recruitment
agencies,” the rights group said in a report titled “Indonesia,
Malaysia: Overhaul Labour Agreement on Domestic Workers.”
Malaysia recently announced plans
to introduce new legislation that would restrict migrants to their
workplace or living quarters, it said, adding that such measures
violated the workers’ right to freedom of movement.
Human Rights Watch said the
resulting isolation would also put them at risk of other abuses, as
demonstrated in the case of the approximately 300,000 migrant
domestic workers in Malaysia, it warned.
“Instead of improving the
situation, Malaysia’s proposed foreign worker bill will make it
dramatically worse,” said Nisha Varia, senior researcher on
women’s rights in Asia for Human Rights Watch.
Employers as jailers
“It’s shocking that Malaysia
is even considering a proposal that would give employers freedom to
lock up workers, “ she ssid. This would legally give powers of
detention to employers.
Indonesian domestic workers in
Malaysia often work grueling 16-18 hour days, seven days a week, and
earn less than 25 US cents per hour. Some suffer physical or sexual
abuse.
The two countries signed a
Memorandum of Understanding (MOU) in May 2006 to regulate migration
of domestic workers, but it allows employers to keep workers’
passports and fails to introduce clear standards on a minimum wage,
or a weekly day off.
“While creating the MOU was a
step in the right direction, both Indonesia and Malaysia continue to
drag their feet in guaranteeing the most important protections for
these women,” said Varia “Domestic workers have to rely on the
whims of employers rather than the rule of law for decent working
conditions.”
Right to hold passports
Human Rights Watch said Indonesia
and Malaysia should reform the MOU to include, at a minimum, a
commitment to pursue legislative changes to extend equal protection
under Malaysia’s laws to domestic workers, and the right of
workers to hold their own passports.
“Migration benefits both
countries tremendously ... by providing important services to
Malaysia and needed income to Indonesian workers,” said Varia.
“But, despite a long history of
large migration flows, Malaysia and Indonesia have lagged behind
other countries in ensuring basic protections for migrant
workers.”
--AFP
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