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In many developing and developed countries, migrant workers play a significant role in the economy, embracing low-paid menial jobs that the more affluent locals shun. Tragically, they are often compelled to also “embrace” discrimination and prejudice.

Those migrant workers who commit crimes in our country must obviously be dealt with, in the same way that the locals would be. However, for the vast majority of them who are criminalized, their offence goes no further than being illegal in that they do not possess the proper documents allowing them to stay and work in Malaysia.

The on-going Ops Tegas targets these illegal workers, resulting in thousands being rounded up. It is of course not wrong for the Government to want to regulate the migrant workforce. However, in so doing, there is a duty to ensure humane treatment. If nothing else, in treating them we should remember to weigh the nature of their immigration offence (i.e. to what extent has their staying and working here become in itself a menace to our society) against their pittance-paid toil the fruits of which we have collectively enjoyed.

Recognising these detainees' need for legal assistance, the Bar Council’s Legal Aid Centre has set up an Urgent Arrest Team to provide free legal representation. Unfortunately, it has come to the attention of the Bar Council that there has been less than adequate cooperation from some officers of the Immigration Department in providing full and timely information on the proffering of charges against migrant workers, or in granting volunteer lawyers free and useful access to the detainees. This has resulted in the lack of adequate representation in many cases.

Illegal migrant workers already face dire, and sometimes disproportionately harsh, prospects. Denying them full and adequate legal representation adds insult to injury; and is a serious infringement of their basic rights. This runs counter to the Government’s open pledge of humane treatment of illegal workers, as well as its international commitment (under the Bangkok Declaration on Irregular Migration in April 1999) to ensure that all migrant workers are granted “humanitarian treatment, including appropriate health and other services”.

The plight of migrant workers is a current and continuing affair. The Bar Council urges the Government to ensure that its assurances of humane treatment are in fact translated into actual practice on the ground; and to immediately direct all Immigration Officers to fully cooperate with lawyers (including allowing free and adequate access to detainees) so that basic human rights are accorded to all, and due process can take place in a manner that is meaningful in substance.

Dated 25th March 2005

Yeo Yang Poh
Chairman
Bar Council