Malaysia: Tenaganita Press Release
March 13 2006

Datuk Seri Radzi Sheikh Ahmad, the Home Affairs Minister is right in saying that there are loopholes in the issuance of student visas in the country. However, the situation is not new. There are many migrant workers, not just Bangladeshis, who are brought here to Malaysia under the student visa but end up as workers.

But, Tenaganita is shocked and disturbed over the racist, chauvinist and patronizing statement of the Home Minister. To quote him: “ The abuse is glaring because Bangladeshis are not allowed to work here. They have blue eyes. They look like Hindi film actors and they create social problems.” How can you use the good looks of people as a reason for blaming and for freezing the recruitment?

When we decide to have a single entry policy of recruitment of more than two million male persons, we change the demography of the country. This change will create its own impact. And one such impact is the development of relationships between people. It is not the fault of the migrant worker nor the local woman. Besides the single entry policy, there is another policy that disallows migrants from marrying a local person or another migrant. If they do so, they will loose their jobs and will be deported. Has the Malaysian government forgotten that we are recruiting not just workers but human persons who have social needs too? These policies are unjust and inhuman. They only create situations that lead to new social concerns.

To add fuel to fire, there is a lack of transparency to the approval of letters of demand and issuance of visas. Malaysia has no clear policy on the recruitment of migrant workers for employment. The approval given for recruitment by agents is only for domestic workers. As far as we know, employers are responsible for the recruitment and employment of migrant workers. Further to this, it is unclear which countries Malaysia has a valid Memorandum of Understanding (MOU). Some of the MOUs have expired, as in the case of Indonesia and Nepal. There is no MOU with India nor with the Philippines. Yet we have workers from these countries.

Very little is known on how letters of demand are approved and issued to employers or agents by the Home Ministry. How are recruiting agents given approvals to recruit 200 or 400 or more workers without ensuring that there is a company that can give them work for at least the two year contract period? The case of over 400 Indian workers left high a dry with no work early this year, after two months of arrival is only one of the many cases we know about.

And when workers do take action in trying to resolve the problem of being trafficked and given false promises by recruiting agents, the workers are arrested, beaten and put into detention. Then the workers are either brought to court, sentenced or deported. Violence is used to punish the victims. But the arrests would have revealed the syndicates, the corruption that exists in approval and the culprits in the departments. We have yet to hear of recruiting agents being sentenced to prison for fraud, for cheating and falsifying documents.

How does the Immigration department approve student visas without obtaining an approval from the Ministry of Higher Education on the validity and accreditation of the college? What is the whole recruitment policy, procedure that must be adhered to?

In 2004, the authorities were already informed and there were media reports of the “noon bride” phenomena. Since then what action has been taken? Why have not the so called colleges or learning centers taken to task and made accountable? These unscrupulous agencies and companies have faces and people involved. Statistics reveal that in 2004, 37,000 Chinese nationals entered the country as students mainly to study English. But many have disappeared.

The above revelation of data already exposed the gaps, the weaknesses and concerns in recruitment and brokers were focusing in bringing women from China under false pretences. The arrests of the women and investigations would have already provided sufficient information on how the women have been trafficked, forced into prostitution. With the information, the enforcement agencies should have tracked down the traffickers and identified the syndicates.

Similarly, Tenaganita has forwarded a number of cases of trafficking of persons and cases of cheating by agents in the recruitment of workers. We have exposed many unscrupulous agents. We have raised the issue of lack of transparency in approval of visas and letters of demand. There has been little response.

The issue is not therefore whether Bangladeshis, Pakistanis or Vietnamese have blue eyes and look like actors but there are real problems in relation to our policies and the transparency practiced by the Home Ministry and by the Immigration department. What is the oversight within the Home Ministry to investigate and make accountable the different departments for the abuse and corruption that has led to the recruitment of large numbers of migrant workers under student visa?

It is indeed time that we stopped blaming others like migrant workers for their looks but critically evaluate the weaknesses inherent in our system, the racist perceptions we hold and the inhuman policies that consequently create a backlash on communities. We need migrant workers and we will continue to rely on them. It is time we recognize them as human persons with rights and dignity, not economic tools to be exploited and abused. It is long overdue but imminent that a comprehensive foreign workers policy with the aim of a foreign workers act be instituted.

Dr. Irene Fernandez
Director

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