bangkit.net

Freedom to move and go about doing things without controls is what every human being aspires. This basic human right would be stamped out for some 2.8 million foreign workers in Malaysia & Thailand should governments confine them to their ramshackle living quarters.

Caram Asia is deeply vexed with recent announcements made by the Malaysian government and Thai provincial governments proposing measures to limit movement of foreign workers within the compound of their employers. For these foreign workers who had toiled at jobs locals usually opt out of, they would not only be working long hours in the same area but will also be eating, sleeping & spending every other waking hour near their work stations.

In February 2007, Malaysia’s Home Ministry proposed that all foreign workers be confined to their kongsi (work areas) and have their movements monitored by the management to prevent them from committing crimes. Prior to such a proposal, the Inspector General of Police had reported (NST, 17 Feb 2007) that foreign workers were accountable for about 2% of crime cases in 2006. In the name of crime prevention, this proposal is expected to be tabled as a bill in Parliament without prior consultation with civil society organizations.

Until today, CARAM ASIA as a regional network of 23 partners covering 15 countries in Asia working on migration issues received no details on such proposal from the Malaysian government despite its questionable rationale. Based on the 2% statistics of crime committed by foreign workers, theoretically speaking, even if all foreign workers are imprisoned, 98% of crimes would still occur.

The security reason cited for such plans to restrict foreign workers is a mirror of discrimination against foreign workers. It is an attempt to imprison all foreign workers for crimes majority of them had yet to be found guilty or even yet to happen.

Sadly, this is just the latest spate of developments after four (4) Southern Provinces of Thailand including Phuket, Surat Thani, Ranong and Rayong has since December 2006 introduced legislation that singled out a group of migrant workers from Burma, Laos and Cambodia. This is outright discrimination based on race and country of origin.

Citing similar security reasons as the Malaysian case, this legislation includes a ban on public assembly of more than five (5) persons without prior permission, ban on use of mobile phones, motorcycles and cars, a curfew for migrant workers to be in their dormitory from 8 pm to 6am.

All these restrictions violates Article 13 of the Universal Declaration of Human Rights Article 13 stipulates freedom of movement of the individual as a basic human right. Both Malaysia and Thailand had voted in favour of the Universal Declaration of Human Rights. In fact, Malaysia has a seat on the Human Rights Council. Yet, are both governments seriously committed to uphold human rights?

Moreover, both governments are members of International Labour Organization (ILO). Mere membership of ILO entails that the principles of Core International Labour Standard (ILS) must be realized. Among the Core Labour Standards are the Freedom of Association and Right to Organise Convention, 1948(C 87) and the Discrimination (Employment and Occupation) Convention, 1958 (C111).

Malaysia is also a State Party to 28 ILO conventions, amongst which is the Migration of Employment Convention (Revised) 1949 (C97) pertaining to equal treatment of migrant workers. Malaysia’s ratification of this convention means it should “apply treatment no less favourable that that which applies to their own nationals in respect to a number of matters, including conditions of employment, freedom of association and social security”, as stated in the convention. Restricting the freedom of movement & association on foreign workers is already an outright violation.

We urge governments to halt such attempts to legalise the currently illegal practice of wrongful confinement of employees, which is the condition of work for slavery system. Besides fulfilling its obligations to international treaties signed, the Malaysia & Thai governments should further ratify additional ILO conventions and recognize equal opportunities for foreign workers seeking to make a living. Both governments should take concrete actions to grant foreign workers freedom of association which will be a measure to prevent exploitation at work and a platform to safeguard the welfare and well being of foreign workers who contribute to economic development and income for both sending & receiving countries.

CARAM Asia is an open network of organizations, consisting of 23 member partners covering 15 countries in Asia. The CARAM network works with Asian migrants globally and with the aim of creating an enabling environment to empower migrants, their families and communities.