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?
Malaysia, host to large numbers of so-called “illegal migrants” from
neighboring countries, has deferred signing a follow-through document that would
have elevated the declaration to a more “legally binding” arrangement,
sources told the Philippine Daily Inquirer at the sidelines of the ASEAN ministerial
talks in Manila.
<p>The sources said this was the reason the scheduled signing ceremony for the
document –originally set on Monday as a highlight of the 40th ASEAN Ministerial
Meeting (AMM) — was postponed.</p>
<p>Instead, Foreign Secretary Alberto Romulo, as chair of the AMM at the Philippine
International Convention Center, merely announced later in the day that the
document was “adopted” by the 10 ASEAN states.</p>
<p>There is an easily missed yet crucial difference between having a document
signed by the member countries and just having it “adopted” by the
body, explained one official, who declined to be identified for lack of authority
to speak on the matter.</p>
<p>“When left unsigned, the binding effect of the document is watered down,”
the official noted.</p>
<p>The document was officially called the Statement on the Establishment of the
ASEAN Committee on the Declaration of the Protection and Promotion of the Migrant
Workers.</p>
<p>The signing-that-never-was at the AMM was supposed to mark a forward movement
since ASEAN heads of state signed the Declaration during the leaders’ summit
also hosted by the Philippines in Cebu last January.</p>
<p><b>Strong consensus</b></p>
<p>In a media release on Monday, the Department of Foreign Affairs said: “There
is a strong consensus within ASEAN behind the establishment of this very important
committee. The desire remains strong among members of the ASEAN to protect and
promote the rights of migrant workers.”</p>
<p>“The creation of this committee will give life to the ASEAN Declaration
(signed in Cebu),” it added.</p>
<p>The department hailed the “adoption” of the statement as “another
victory for the rights and welfare of migrant workers.” It explained that
“it was not necessary to sign the agreement as the mother document was
already signed in Cebu.”</p>
<p>The issue of migrant workers was among the “priorities” set for discussion
by the Philippines as chair of ASEAN, the official noted. But with Singapore
taking over the rotating chairmanship after the meetings in Manila, “new
priorities” may be set for the 10-nation bloc.</p>
<p>The official said “a lot of the (AMM) participants were surprised by Malaysia’s
decision, including Indonesia. Most people expected that the document will be
signed.”</p>
<p><b>180-degree turn</b></p>
<p>That every member country will sign “was already agreed upon at the working
committee level, but at the plenary level the Malaysian (delegation) did a 180-degree
turn, saying they did not have the mandate to sign and that there are other
departments in Malaysia that are responsible for the issue.”</p>
<p>Malaysia has been reluctant to be bound by “legal instruments” dealing
with the rights of migrant workers mainly because most of them are considered
to have entered that country for “seasonal, temporary” employment,
the official noted.</p>
<p>Around half of the estimated 240,000 Filipinos in Malaysia are reported to
be undocumented, many of them in the state of Sabah, for years a refuge for
Filipinos fleeing a Moro insurrection in the southern Philippines.</p>
<p>Kuala Lumpur in recent years also has resorted to expulsions of “economic
refugees” — mainly from Indonesia and Burma (Myanmar) — seeking jobs
in the booming Malaysian economy.</p>
<p>The Inquirer requested for an interview with officials of the Malaysian delegation
but was yet to get a positive feedback as of Wednesday night.</p>
<p>The source said the Philippines, Indonesia and Vietnam — being labor-exporting
countries — were particularly pushing for the signing of the statement.</p>
<p><b>Obligations</b></p>
<p>The Cebu Declaration mainly called for stronger protection and improved conditions
for migrant workers in the region, and assigned “obligations” on both
the “sending” and “receiving” states.</p>
<p>The so-called “receiving” or employing states are expected to ensure
workers’ access to information, education and social welfare services,
as well as ample representation in the host country’s justice system.</p>
<p>“Sending” states, on the other hand, are expected to supply workers
who are not only properly trained but who will pose no legal problems to the
receiving country. Tougher measures against human trafficking and illegal recruitment
are also expected from the “sending” states.</p>
<p>In Cebu, the language of the declaration initially proved contentious over
whether the obligations of receiving states should also be extended to the workers’
family members living with them.</p>
<p><i>Source: http://globalnation.inquirer.net/news/news/view_article.php?article_id=80085</i>
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