Contributed by the Bar Council Human Rights Committee
18 December is designated as International Migrants Day by the United Nations to recognise the large and increasing number of migrants in the world.
1990 was a significant year for migrant rights. The United Nations Assembly adopted the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families (“Convention”). The Convention serves as a guide and stimulus to promote migrant rights in each country and to place a human face on migrants, i.e., they are not only workers, but ultimately human beings.
Migrants deserve:
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humane living and working conditions, free from physical and sexual abuse, and degrading treatment (Articles 10-11, 25, 54);
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rights to freedom of thought, expression and religion (Articles 12-13);
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access to information on their rights (Articles 33, 37);
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right to legal equality, which implies that migrants are subject to correct procedures, have access to interpreting services and are not sentenced to disproportionate penalties such as expulsion (Articles 16-20, 22);
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access to educational and social services (Articles 27-28, 30, 43-45, 54);
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right to participate in trade unions (Articles 26, 40).
There are approximately 3.5 to 7 million migrants in Malaysia. Many of them are either unregistered or undocumented, particularly Indonesia, Bangladesh, Nepal, India and Myanmar. They do work that is dirty, dangerous and difficult.
Sadly, migrant workers are a much maligned group of people in Malaysia. Some of the greatest challenges faced by them are as follows:
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Exploitation of migrant domestic workers;
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No real access to justice;
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No proper access to healthcare and housing;
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No proper access to education.
In a recent survey conducted by the UNHCR in 46 countries on local attitudes towards local migrants, Malaysia came out lowest in terms of favouring or welcoming migrant workers. This is such an unfortunate and sad reflection of the attitudes of Malaysians given that migrant workers form one of the most fundamental building blocks in developing Malaysia as she is today.
In conjunction with International Migrants Day, the Human Rights Committee of the Bar Council has chosen to highlight the plight of Indonesian migrant workers who form the largest group of migrant workers in Malaysia, by paying a visit to the women and children’s shelter at the Indonesian Embassy. We recognise that much more needs to be done for migrant workers, especially in the areas of access to justice and proper access to healthcare and housing. No person, regardless of race, religion, nationality or economic status, should be left behind. The measure of a nation is in how well it takes care of its least privileged members.
We take this opportunity to strongly urge the Government of Malaysia to take immediate steps to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).
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Circular No 019/2012: Change of Address for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan
