PETALING JAYA: Banning foreign workers from living in residential areas flies in the face of respecting their human rights and dignity, said the North-South Initiative, an NGO which focuses on access to justice for indigenous peoples, migrant workers, refugees and other disenfranchised minorities .
Its executive director Adrian Anthony Pereira was commenting on the Jan 29 decision by the Negeri Sembilan government to prohibit foreign workers from staying in residential areas in the state.
Its Local Government Development, Housing and Transport Committee chairman Arul Kumar Jambunathan said the move is aimed at resolving issues concerning disturbances and cleanliness that stem from foreign workers living in residential areas.
“Employers in the state must also relocate their workers to commercial zones or centralized living quarters (CLQ) that have to be fenced, constantly monitored and equipped with basic facilities.”
Adrian suggested that instead of a blanket ban, Negri Sembilan should focus on enforcing regulations stated in the Employees Minimum Standards of Housing, Accommodations and Amenities Act 1990, while implementing targeted measures to mitigate specific concerns about foreign workers living in residential areas.
He said while the matter is important, it is crucial to address it in a manner that upholds the rights and dignity of migrant workers.
“Blanket bans can have unintended consequences, including worsening social exclusion and hardship for them. “A more balanced approach that combines enforcing regulations with targeted intervention is likely to be more effective and fair.”
Adrian also stressed the importance of enforcing regulations concerning the behaviour, noise levels, waste management and other aspects affecting order and cleanliness at residential areas.
“By holding employers accountable for the behavior of their migrant workers, we can ensure they take proactive measures to maintain order and cleanliness.
“This will benefit the community and create a more conductive living environment for all residents.”
On the Local Government Development, Housing and Transport Committee initiative to equip CLQ with basic facilities, Adrian said consideration needs to be given on whether the requirements for fencing and constant monitoring align with principles of respect for human rights and dignity.
“He said while fencing and monitoring could provide security and safety, it is important to ensure their privacy and dignity are respected and there is no infringement of their rights or restrictions on their movement.”
“The plight of migrant workers is already fraught with vulnerabilities. Imposing additional restrictions on their freedom and privacy will only worsen their hardships and undermine their dignity.
“Migrant workers should not be subjected to overly restrictive measures that limit their freedom or infringe upon their privacy without valid reasons,” he said, adding that Malaysia relies heavily on migrant workers and for this reason, they must be treated well.
He said the public, local authorities and human rights organizations should work together on migrant worker concerns and propose alternative solutions that align with international human rights standards.
“We must collectively decide on policies that prioritize the rights and welfare of every individual, regardless of nationality or immigration status. Concerted efforts should be taken to garner public support for the equitable treatment of foreign workers through campaigns and community outreach initiatives.”