The Malaysian Bar - Migrant victims of labour exploitation can work here

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Migrant victims of labour exploitation can work here

Friday, 13 January 2012 08:46am

©The Sun Daily (Used by permission)
by Karen Arukesamy

KUALA LUMPUR (Jan 12, 2012): The Home Ministry today announced a new policy that will allow migrants who are victims of labour exploitation and under Protection Orders in shelter homes to take up employment in Malaysia upon their release.

Deputy Minister Datuk Lee Chee Leong (pix), in making the announcement on behalf of Minister Datuk Seri Hishammuddin Hussein, said the victims would have to fulfill four conditions before they can take up a job in the country.

The conditions are:

> that they have entered the country legally,

> prior consent of the victims,

> approval from their diplomatic missions,

> confirmation that their safety are not guaranteed if return to their own countries.

Speaking at a press conference after launching the Bali Process Workshop on Protection for Victims of Trafficking in Persons here today, Lee said according to the current procedure, once released from shelter homes, the victims would be returned to their country of origin.

“These are those who enter the country through the proper channel and it does not apply to those smuggled in person or foreigners entering with student visas or social visas,” he stressed.

The ministry’s International Division Undersecretary Muhd Khair Razman Mohamed Annuar explained that most of the foreigners entering the country legally to work normally already have guaranteed employment.

“However they are exploited by the employers, where most of the cases they are not paid for a few months and go through compulsion and duress,” he said.

Muhd Khair added that these victims are currently sent to the shelters under the Protection Orders.

“But for the labour exploitation cases, sending them back would not be fair for them because they came in with legal documents and were guaranteed employment here.

“Many of these victims would not want to return because they have debts to settle and need a job to pay them up,” he explained.

However the policy does not guarantee a job for the victims.

Muhd Khair said the ministry will work closely with the relevant embassies and help to facilitate by providing proper documents for the victims to be employed in Malaysia.

“The embassies will then help to find a job for them. That is why we need approval from their diplomatic missions,” he said.

Muhd Khair said Malaysia would also study the possibility for all victims of trafficking to be allowed to work while under the Interim Protection Order. At present, victims of trafficking have temporary jobs at the shelter homes.

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