Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
This is among a host of issues that Malaysia’s rejuvenated labour
movement will have to grapple with after watershed elections for top posts in
the country’s umbrella trade union body swept in a new reform-minded leadership.
The
Mar. 1 crackdown on an estimated one million undocumented migrant workers was
already postponed a few times.
But Prime Minister Abdullah Ahmad Badawi
was adamant this time when he announced his decision on Feb. 14 at a joint news
conference after talks with visiting Indonesian president Susilo Bambang Yudhoyono.
More
than half a million enforcement personnel and volunteer vigilantes have already
begun pursuing these undocumented workers. Those arrested could be jailed, whipped
or deported.
When it was discovered that some Malaysian employers appeared
to have taken advantage of the impending crackdown and withheld wages due to these
targeted migrant workers, it threatened to sour diplomatic ties with Indonesia.
Jakarta
said it would sue Malaysian employers who refused to settle wages due to Indonesian
migrant workers, sparking concern in Kuala Lumpur.
The problem of illegal
workers must be tackled at source, said some analysts, pointing to the syndicates
and agents that lure these workers and dupe them with false promises. Once here,
migrant workers are left in a vulnerable position as, in many cases, their employers
hold on to their passports and their work permits bar them from switching jobs.
Often, for the workers, it’s a case of either grin and bear it or run away and
lose their passports, thus rendering themselves ”illegal”.
For K George,
an 85-year-old former vice-president of the Malaysian Trades Union Congress (MTUC)
— the umbrella body for trade unions in the country — the solution is simple.
”Foreign workers must be allowed to join (Malaysian) unions,” he told IPS.
Had
they been allowed, ”we would have been able to minimise problems with illegal
workers and unpaid wages,” he added.
George explained that the immigration
status of migrant workers would have come to light much earlier when workers’
applications to join trade unions were processed. ”The unions could have taken
over the job of ensuring that migrant workers had proper work permits and immigration
documents.”
The MTUC will have to tackle these and other issues after its
stunning elections recently swept in new leaders, raising fresh hopes for workers.
On
Dec. 30, the team aligned to incumbent MTUC secretary general G Rajasekaran made
a clean sweep of all contested union leadership positions. Rajasekaran, a respected
unionist, had previously been stymied in championing the rights of workers due
to leadership differences within the Malaysian labour movement.
This time
around, Rajasekaran’s ally, Syed Shahir Syed Mohamud, sensationally defeated Zainal
Rampak, who had helmed the MTUC for 20 years, to clinch the presidency after four
failed attempts. During the latter part of his tenure, Zainal had joined the ruling
United Malays National Organisation and was appointed as senator, a post often
awarded to ruling coalition loyalists — developments that eroded the MUTC’s standing
in the eyes of many.
Rajasekaran himself staved off a strong challenge from
Zainal’s ally, N. Siva Subramaniam. The clean sweep by Rajasekaran and Syed Shahir’s
team catapulted the credibility of the MTUC to a new high – and did not go unnoticed
at the international level.
Rajasekaran was promptly elected the president
of the International Confederation of Free Trade Unions – Asian And Pacific Regional
Organisation (ICFTU-APRO) for a four-year term beginning Feb. 4.
He is the
first Malaysian in three decades to hold that post – a sign that the MTUC has
emerged from the dark years of former autocratic prime minister Mahathir Mohamad,
who stepped down in 2003.
Over the 22 years of Mahathir’s tenure, workers’
rights were gradually whittled away.
During the recent Chinese New Year
holidays, Ragu, a Malaysian security guard on duty as usual at his post at a residential
complex, looked glum.
”We no longer get paid extra for working on public
holidays,” he said, with an air of resignation. ”We used to, but not anymore
– same pay, public holiday or no public holiday.”
Ragu is typical of many
Malaysian workers who are unaware of their rights and their collective bargaining
power. Out of the more than 10 million workers in Malaysia, fewer than 10 per
cent are trade union members. This leaves the vast majority of workers – including
migrant workers – vulnerable to exploitation. It is situation that employers relish.
In
the past, the MTUC has adopted an ambivalent position towards migrant workers.
Some unionists saw the influx of these workers as depressing wages levels in the
country and thwarting attempts to lobby for a minimum wage.
Syed Shahir
said the issue had to be seen from the perspective of human dignity.
”We
are looking at (the situation of) workers, whether they are local or foreign,”
he told IPS. ”Of course, the MTUC, as a national labour centre, is focused on
local workers, but we cannot ignore the exploitation of any worker.”
In
theory, migrant workers may join trade unions though they cannot be elected as
office- bearers in these unions.
But, in practice, according to Syed Shahir,
the contracts between the migrant workers and the labour recruitment contractors
in their country of origin stipulate that they cannot join associations and political
parties. ”The question is does this include unions?” he asked.
Apart from
attempting to increase membership of trade unions in Malaysia, the new MTUC leadership
is also set to revive its long-standing campaign for a minimum wage.
Officially,
Malaysia’s poverty line is set at a monthly household income of just over 500
ringgit (125 U.S. dollars) but critics say this is unrealistic and the real figure
should be double that or more. The MTUC has in the past called for a monthly minimum
wage of 900 ringgit (225 dollars).
”We must keep on pushing (for a minimum
wage) and prove to the government that it is needed in order for a person to live
a decent life,” said Syed Shahir, adding that it won’t be easy and the MTUC would
need a lot of support from all parties.
”What dignity are you talking about
if your salary is 380 to 400 ringgit (95 to 100 dollars)? We are the only country
in this region without a minimum wage.” (END/2005)
Source: http://ipsnews.net/africa/interna.asp?idnews=27668
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