Yet, and despite the Convention, thousands of migrants in our country experience fear, despair and suffering due to factors such as xenophobia, greed and racism.
Over the past year, the Human Rights Committee has monitored and intervened in an alarming number of cases involving migrant workers. Complaints of ill-treatment and abuse are extremely common. The complainants include those who possess employment permits and those whose permits have expired but who are unable, for a variety of reasons, to return home. Many also find themselves the victims of human trafficking.
The range of complaints is shocking - physical abuse, lack of medical and healthcare, non-payment of wages, delays in release from detention and State-sanctioned whipping for entry into Malaysia without proper documentation. These, and many other instances of ill-treatment and abuse, directly affect the right to life and security of migrant workers.
On a regular basis too, there are reports of migrant workers continuing to endure widespread and persistent harassment. Incidents of law enforcement officials seeking financial gain in exchange for releasing migrant workers from prolonged detention or detention per se have been on the increase.
In conjunction with ‘International Migrants Day’ today, 18 December 2008, the Committee reiterates that no human being may be discriminated against or be deemed to be an ‘illegal’ person. We call for a holistic human rights-based approach in all administrative and judicial policies involving the treatment of migrant workers and members of their families. Further, anti-corruption enforcement must be enhanced to regulate law enforcement officials and to protect migrant workers and members of their families from hardship caused by corrupt officials.
Malaysia will only truly justify its election to, and its continued membership of, the United Nations Human Rights Council if our Government and Judiciary demonstrate greater commitment and implement effective measures to affirm the human dignity of all persons, including migrant workers.
Dated this 18th day of December 2008
Human Rights Committee
Bar Council
18 years ago today, on 18 December 1990, the United Nations General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Under the Convention, States are obliged to respect and protect the rights of migrant workers and members of their families.
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