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:
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:
| • | humane living and working conditions, free from physical and sexual abuse, and degrading treatment (Articles 10–11, 25, 54); | ||
| • | rights to freedom of thought, expression and religion (Articles 12–13); |
| • | access to information on their rights (Articles 33, 37); | ||
| • | 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); | ||
| • | access to educational and social services (Articles 27–28, 30, 43–45, 54); | ||
| • | 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:
| • | Exploitation of migrant domestic workers; | ||
| • | No real access to justice; | ||
| • | No proper access to healthcare and housing; | ||
| • | 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.
18 December 2009