LETTER | Temporary work permits for migrants can't substitute proper policy

LETTER | The consideration to issue temporary work permits to undocumented migrant workers by the government stated by the prime minister on Oct 30, in order to meet the shortage of workers in the plantation and rubber industries is prima facie - an idea at first sight that could be beneficial for migrant workers as well as these industries.

Conversely, the idea raises many serious questions and concerns.

It was not too long ago, at the onset of the Covid-19 pandemic, that undocumented migrant workers were being demonised, hounded, rounded up and incarcerated in overcrowded prisons and detention centres, where hundreds of them were infected by the coronavirus both in Peninsular and East Malaysia, especially Sabah.

Was it not possible then to foresee the shortage of workers that we are facing now?

The plantation industry had already raised concerns, but the government took a cavalier attitude in their approach towards dealing with the issue of migrant workers. Migrant workers were treated with wanton disregard for their health, well being and security.

Previous "amnesty" and "legalisation" programmes have not only been utter failures but have also resulted in hundreds of thousands of migrant workers losing thousands of ringgit each, without any benefit. In fact until today, the estimated RM2.5 billion that was collected from migrant workers during the last rehiring programme has not been accounted for and thousands of them continue to be in limbo, many arrested and detained.

Against this backdrop, the consideration to “legalise” undocumented migrant workers with a one or two-year work permit calls for a firm commitment from the government to ensure that migrant workers are not used as ATM machines once more. 

This commitment should be backed by a transparent, well-thought-out implementation plan to ensure that migrant workers who want to apply for the temporary work permits are able to do so without any hassle and at no cost. All cost must be borne by the industries which need them, and will not be deducted at any time from their salaries.

The “legalisation” programme should not be used as a means to replenish the coffers of the government and to inflate the bank accounts of cronies of politicians which has allegedly been the usual practice in the past.

At the same time, there are a few thousand documented workers who have been laid off due to the Covid-19 pandemic, they too must be taken into consideration for the issuance of the temporary work permit in these industries. 

We have also been informed, during our outreach work with local plantation workers, that there are many who would like to work, yet the companies are not keen to accept them because employing local workers would be more expensive with added benefits than a migrant worker.

There is also an underlying concern of how these two industries are notoriously under-regulated, ignoring the Employment Act which might lead to more exploitation under this programme, with lesser avenues of justice.

We simply cannot have another narrative of human and labour rights violation later with these industries, which might be justifiable because the workers were undocumented, and stating that the government did them a favour through this programme.

Therefore, it is crucial for the government to hold consultations with employers, representatives of migrants workers/local workers, diplomatic missions and civil society organisations which work with migrant workers at the grassroots level, on how best to develop and implement the temporary “legalisation” programme.

The government should advertise the conditions for the “legalisation” programme widely, including in the languages of the migrant workers, and have simple application procedures which the migrant workers themselves can use without having to go through agents and intermediaries. 

There must not be any bogus employers with overnight established companies or outsourcing agents approved by the ministry as in the past, resulting in severe exploitation of migrant workers then.

There should be definite deadlines for the applications to be processed and functioning telephone hotlines and email addresses to report corrupt practices which, based on previous experiences, seem to be inevitable when amnesties and legalisation programmes are announced.

While mulling it over, it is imperative for the government to accept and acknowledge that was their defect in the systems and policies which led to the shortage of workers and the undocumented status of a few million migrant workers in this country. It is the consequence of a lack of a proper comprehensive policy on the management of migrant workers from the recruitment, placement and the employment of the workers.

For example, it is telling that the prime minister refers not to the shortage of workers in the oil palm and rubber industries, but to the shortage of foreign workers, which is a clear admission that migrant/foreign workers are much needed in those industries. Yet government policies on migrant workers have been ad hoc and seem to be dictated by self-interests of politicians and government officials purportedly working in cahoots with recruitment agencies.

The concerns over a shortage of workers have been raised multiple times, which shows that despite negative sentiment against migrant workers expressed in formal and informal media, and despite exhortations for locals to take their place, migrant workers are an important component of many Malaysian industries, crucial for our economic growth and development.

Tenaganita reiterates its stand that the government should cease and desist from detaining migrant workers especially during this time of a pandemic, when detention facilities are hotbeds of Covid-19 infections. 

Instead, this is a time to work in consultation and engagement with all key players, so it can lead to a comprehensive, rational, humane and practical migrant worker policy which can be implemented at all times.

Hence, unless the above-mentioned shortcomings and concerns are acknowledged and addressed holistically in a proactive manner, the government will continue to fall back on short-term, ad hoc measures which continue to treat migrant workers as expendable factors of production, to be used and disposed of with scant regard for them as humans.

The writer is the executive director of Tenaganita.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.