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Reported by Malacca Bar
Human Rights Sub-Committee
 Three foreign workers from Myanmar were arrested by the
Immigration Department enforcement officers in Malacca on June 25, 2008 for the
alleged breach of S.6(1)(c) of the Immigration Act 1959/1963. On the basis of a
complaint lodged by their employer, their temporary work permit has subsequently
been revoked. It is understood that these workers are currently detained for an
indefinite period at the Lenggeng Detention Centre in Negeri Sembilan.
One of the workers had, on June 11, 2008 lodged a police
report at the Brickfields Police Station, Kuala Lumpur with the assistance of
the Labour Resource Centre. In her report, she alleged that the other two
workers who were arrested and herself were subjected to frequent sexual
harassment and assault while engaged at work. To date, police investigation
(Brickfields Report No: MTR/004964/08) is still ongoing.
It is our view that the Myanmar nationals should not have
initially been arrested; not least before a preliminary investigation is
conducted. In this case, their arrest was carried out based on the report of
their employer. Ideally, had the Immigration Department perused the workers’
documents and work permit with their said employer, the arrest would not have
occurred. Furthermore, since the Immigration Department has a complete network
database of foreign workers in Malaysia, this procedural check would be
relatively straightforward.
The workers were alleged of having absconded. However, the arrest actually took
place at the workers’ hostel lodging which clearly shows that they had not, in
any way, fled.
We are also of the view that it is beyond the jurisdiction of
the Immigration Department to arrest the complainant as police investigation on
the alleged sexual harassment and assault is still ongoing. Likewise, the ambit
of sexual harassment is under the prerogative of the Labour Division, and not
the Immigration Department.
We are of the further view that these workers have the right
to file a claim against their former employer vide S.20 of the Industrial
Relations Act 1967 through the Industrial Relations Department for the
revocation of their temporary work permit.
Mr. Anthony Chua, the Malacca Bar Human Rights Sub-Committee
Chairperson had spoken to an officer of the Immigration Department in Malacca to
expedite their release. As an auxiliary action, Ms. Florida A. Sandanasamy and
Mr. Saharuddin Bin Adnan will be going to the Lenggeng Detention Centre to
receive further instructions from the migrant workers.
Members of the Bar who are willing to assist in this matter
may contact Mr. Anthony Chua for further information.
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