EVERY human being should be treated with respect and dignity. No one should be denied their basic rights regardless of their status and this includes migrant workers.
Migrant workers usually do not have intentions to stay permanently in a country or region in which they come to work.
They are also called foreign workers, expatriates or guest workers.
Regardless of what name is give to them, we need to respect and safeguard their dignity and rights.
It is sad to hear stories where migrant workers have been subjected to unfair treatment from their employers and negative perceptions from society.
Why should migrant workers be treated and seen in such a hostile way? There should not be any reason for us to treat them differently. They are also human beings.
Migrant workers also have families they want to take care of and support back home.
We need to ask why these workers are willing to travel to a faraway land, far from their home country, to find jobs.
Nobody would spend so much of their pocket money, time and energy as well as endure the many hardships and difficulties going abroad to find work unless they were desperate and don’t have any other choices back home.
Work is a central part of a person’s life that ensures sustenance for self and dependants.
It is also an essential component of a person’s sense of identity, self-worth and emotional well-being.
Article 23 of the Universal Declaration of Human Rights 1948 (UDHR 1948) states that:
1: Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment;
2: Everyone, without any discrimination, has the right to equal pay for equal work;
3: Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection; and
4: Everyone has the right to form and join trade unions for the protection of their interests. A person may engaged in employment in his homeland or abroad.
Often known as the land of milk and honey, Malaysia has attracted many migrant workers who come from various countries such as Indonesia, Bangladesh, the Philippines, India, Pakistan, Nepal and many more.
Migrant workers span the occupational spectrum from professionals on fixed-term contracts to labourers who work in 3D sectors (dirty, dangerous or difficult).
Many of these migrant workers are predominantly employed as labourers in the country’s construction and plantation sectors, restaurants and as domestic workers.
Some of them receive low wages and are subject to discrimination.
There were also reported cases involving cheating and fraud by their agents and employers, exploitation and abuse, denial of basic labour protection and others.
Every worker in the country, including migrant workers, needs to be protected at all times.
Article 6(1) of the Federal Constitution provides that “no person shall be held in slavery”.
The term “no person” explicitly used in the above article reflects that neither local nor migrant workers shall be held in slavery or any form of servitude.
Furthermore, Article 6(2) of the Federal Constitution provides that all forms of forced labour are prohibited.
Apart from the above, Article 8(1) of the Federal Constitution provides that “all persons are equal before the law and entitled to equal protection of the law”.
Again, the words “all persons” in the above article would necessarily include migrant workers.
Hence, physically abusing migrant workers such as causing hurt and their wrongful confinement is abhorred and is thus, prohibited by the Federal Constitution, the highest law of the country.
It should therefore be recognised and accepted that all workers should be treated with unconditional dignity and without distinction whether they are locals or foreigners.
Migrants workers should enjoy and be equally protected under our labour legislations such as the Employment Act 1955 (Act 265), Industrial Relations Act 1967 (Act 177), Occupational Safety and Health Act 1994 (Act 514) and more.
There is also an urgent need for Malaysia to review how migrant workers are stationed in this country.
Recent exposure to the unsympathetic and uncivilised treatment of migrant workers by several factories in the country needs serious attention and requires immediate action by the government and all enforcement agencies.
It remains to be seen whether the life and fate of migrant workers in other factories and workplaces throughout the country are being taken care of.
The recent revelations in these factories might just be the tip of the iceberg.
There could be many of these corporations that are employing cost-cutting measures to maximise profits at the expense of a person’s dignity and foreigners are their primary targets as most of them are unaware of their rights or are afraid to bring up this issue due to fear of being deported or losing their jobs.
Malaysia needs to ramp up efforts into reassessing the standard of living conditions for these migrant workers as their deplorable living conditions significantly contributed to the spread of many diseases, including Covid-19.
The first step in moving forward is to teach all migrant workers who come and work in our country about their basic rights.
All migrant workers need to be informed about the existence of various groups and associations in the country to which they can have access to seek immediate assistance.
Malaysia needs to cautiously scrutinise the background of all companies before approving their request to hire foreign labour.
This includes checking a company’s past track records, its ability to provide proper facilities and accommodations for the migrant workers, as well as its capability in ensuring the safety and health of migrant workers working at their establishment.
At the same time, it is also important to educate Malaysians that every human life is equal to another.
Just because migrant workers do not speak the same language or do not share the same culture as us does not mean they should be treated horribly.
Muzaffar Syah Mallow is an associate professor at the Faculty of Syariah and Laws (FSU) in Universiti Sains Islam Malaysia (USIM) and Syed Saddiq Syed Abdul Rahman is Member of Parliament for Muar. Comments: letters@thesundaily.com
