Article contributed by Nursyaizan Jasni (Officer), and photos by Satha Selvam Subramaniam (Senior Administrative Assistant) and Jul Indra Tofan (Administrative Assistant), Bar Council Secretariat
The Bar Council –– through its Migrants, Refugees and Immigration Affairs Committee ("MRIAC") –– published the first comprehensive study on access to justice for migrant workers in Malaysia, entitled Migrant Workers' Access to Justice: Malaysia, in September 2019.
The report was researched and authored by Eleanor Taylor–Nicholson, Renuka Balasubramaniam and Natasha Mahendran, with funding for the research provided by the Open Society Foundations' International Migration Initiative.
MRIAC Co–Chairperson M Ramachelvam launched the report at a ceremony held at Wisma MCA on 27 Sept 2019. He was accompanied on stage by (pictured below, from left) Nor Herdawati Harun; Shashi Devan Thalmalingam; Cecelia Chang, Renuka Balasubramaniam; and Natasha Mahendran.
The attendees at the event included, among others:
(1) Renuka Balasubramaniam and Natasha Mahendran, two of the authors;(2) Cecelia Chang, Open Society Foundations' Justice Initiative;(3) Shashi Devan Thalmalingam, the other Co–Chairperson of MRIAC; and Nor Herdawati Harun, Co–Deputy Chairperson;(4) Members of the diplomatic corps;(5) Representatives from numerous non–governmental organisations; and(6) Media personnel.
The event, which was emceed by Sumitha Shaanthinni Kishna, Director of Our Journey, kicked off with opening remarks by M Ramachelvam.
Renuka Balasubramaniam then provided a succinct and informative overview of the report in a presentation that included the background and objectives of the report, information regarding the interviewees, the challenges faced, and the aspirations moving forward.
A question–and–answer session followed, with the panellists comprising Renuka Balasubramaniam; M Ramachelvam; Natasha Mahendran; and Sumitha Shaanthinni Kishna.
The Migrant Workers' Access to Justice: Malaysia report examines the rights of migrant workers under Malaysian law, the mechanisms available to enforce those rights, and the effectiveness of those mechanisms for providing redress to migrant workers who have been wronged. It also identifies gaps in legal protections, and cross–cutting systemic barriers that prevent migrant workers from accessing justice in Malaysia.
The report sets out detailed findings on access to justice for migrant workers in Malaysia, and issues 46 recommendations for improving access to justice. These recommendations are targeted to the Government, legal community, civil society organisations, donors, and researchers.
The findings and recommendations contained in the report are based on the perspectives of 101 migrant workers and 44 stakeholders, including government employees, lawyers who represent migrant workers, civil society organisations that support migrant workers in the legal process, private sector employers and recruitment organisations, trade unions, embassies of migrant workers' home countries, as well as from the Judiciary.
A participant asking a question during the question–and–answer segment.
From left: Vilashini Vijayan (Assistant Director, Bar Council Practitioners Affairs Division); Nor Herdawati Harun; Shashi Devan Thalmalingam; M Ramachelvam; Cecelia Chang, Renuka Balasubramaniam; Natasha Mahendran; Sumitha Shaanthini Kishna; and Chin Oy Sim (Director, Bar Council Publications Department).
Attendees at the launch of the report.
Please click here for a copy of the Migrant Workers' Access to Justice: Malaysia report.