The Malaysian Bar’s International Malaysia Law Conference (“IMLC”) 2026 took place from 27 to 30 Oct 2026 at MITEC, Kuala Lumpur.
By Corina Robert Mangharam, Farez Jinnah
This session, titled “Labour Migration, Corporate Accountability and Access to Justice”, was one of three concurrent streams in the Conference’s seventh breakout session. It examined how governments, businesses and legal systems can strengthen accountability and access to remedy for migrant workers. This includes responsible recruitment, corporate human rights due diligence, supply chain liability, grievance mechanisms and cross-border claims.
The session was moderated by Sumitha Shaanthinni Kishna, Co-Deputy Chairperson of the Bar Council Migrants and Refugees Committee, and Advocate and Solicitor of the Chambers of Sumitha. She observed that, because migrant workers pay large sums to secure jobs in Malaysia, they rarely complain about violations for fear of losing their jobs. Grievance mechanisms must therefore be safe for workers to use, rather than merely exist on paper. She added that the temporary labour migration system treats migrants only as labour, rather than as people with families and rights.
The first speaker was Nissara Spence, Programme Coordinator at the International Organization for Migration (“IOM”). She noted that the Asia-Pacific region hosts around 27 million documented migrant workers, 41% of whom are women, and that forced labour is three times more prevalent among migrant workers. Recruitment fees generate an estimated US$5.6 billion in forced labour profits each year, with some workers paying more than US$6,000, equivalent to 11 to 14 months’ wages. She outlined IOM’s Migration, Business and Human Rights in Asia programme, which covers seven countries, including Malaysia. The programme has supported more than 1,000 companies with human rights due diligence and helped more than 600 migrant workers access remedies. She looked forward to the expected adoption of an ASEAN declaration on fair and responsible recruitment at the 49th ASEAN Summit in November.
The next speaker was Shahmila Shanmugam, Senior Assistant Director (Policy and Research) of the Legal Affairs Division, Prime Minister’s Department. She explained that Malaysia’s National Action Plan on Business and Human Rights 2025–2030, launched in August 2025, contains 135 actions across governance, labour and the environment. The Government has also issued the Human Rights Due Diligence Guide for Businesses in Malaysia, which sets out a six-step process, from embedding human rights in company policy to providing remedies. Businesses should speak to workers directly rather than relying on agents, and establish whether problems such as unlawful deductions have actually stopped. Lawyers can help clients understand their duties, draft clear contracts, investigate problems fairly and verify that remedies are delivered. She added that due diligence is currently voluntary, and that a proposed supply chain law and mandatory due diligence reporting will be studied.
The third speaker was Dato’ Sri M Ramachelvam, Co-Chairperson of the Bar Council Migrants and Refugees Committee and Partner of Rama-Rozi & Associates. He noted that migrant workers constitute more than 20% of Malaysia’s workforce, and warned that companies risk losing contracts with international brands over non-compliance. Under the third pillar of the United Nations Guiding Principles on Business and Human Rights, those affected by abuses must have access to effective remedies. He outlined the obstacles migrant workers face. Recruitment fees paid in countries of origin, sometimes ten times the official limit, raise questions of jurisdiction. Claims are often smaller than legal costs, workers cannot work while their labour cases are pending, and employers hold the evidence. He called for workers to be allowed to work or change employers while their cases are pending.
The final speaker was William Gois, Regional Coordinator of Migrant Forum in Asia. He argued that recruitment abuse stems from collusion between parties in destination and origin countries, and that no single government can solve it alone. Countries of origin set deployment targets without asking whether the jobs exist, while destination countries refuse to acknowledge their dependence on migrant workers. He cautioned that “ethical” and “fair” recruitment remain far from reality, and that governments must regulate before businesses fill the gap with self-regulation. He urged the judiciary and the legal profession to build expertise in business and human rights, noting that the Malaysian Bar is probably the most active Bar in the region on the issue.
During the question-and-answer segment, Dato’ Sri Ramachelvam explained that undocumented workers remain entitled to wages for lawful work, and that many become undocumented because their employers fail to renew their permits. The moderator added that the Employment Act 1955 does not distinguish between documented and undocumented workers, although the Labour Department, as a matter of policy, does not hear their claims. William Gois agreed with a participant that employment kickbacks should be treated as corruption. Dato’ Sri Ramachelvam added that corruption in the appointment of agencies and the approval of work permits must be tackled head-on.
The session concluded with the moderator inviting lawyers to join the Bar Council Migrants and Refugees Committee and take part in the online discussions hosted by IOM and Migrant Forum in Asia.
*This article reports on Breakout Session 7, Stream C: International Law.