Speaking to FMT, MTUC president Abdul Halim Mansor said the number of foreign workers in Malaysia had increased, not only because they could find jobs, but also because they were allowed to work.
“They are not here to work. They are only here because of Malaysia’s humanitarian platform to host them. Malaysia is not a member of the 1951 Refugee Convention and because of that, the UN does not allocate funds to Malaysia to support the refugees.”
He said the government could host them on a humanitarian basis, but that this should be temporary.
“Then, they should be sent off to the countries that have ratified the convention,” he said.
He was responding to the move by the human resources ministry to review foreign worker agreements.
According to the UN High Commissioner for Refugees (UNHCR), there were 149,100 refugees and asylum-seekers registered with UNHCR in Malaysia as of June 30. There are also many who are unregistered.
Among the refugees in the country are thousands of Rohingya who fled their home country Myanmar over the past few years, following an internal conflict, to seek refuge in neighbouring countries.
Halim said if the government was serious about helping refugees, it should ratify the refugee convention. Until today, however, it had not done so, he added.
“I’m not sure about this new government, but I hope they take this opportunity to study their position in this matter,” he said.
The 1951 Refugee Convention is a UN multilateral treaty that defines a refugee and sets out the right of individuals who are granted asylum and the responsibilities of nations that grant asylum.
The convention also sets out which people do not qualify as refugees, such as war criminals, while building on Article 14 of the 1948 Universal Declaration of Human Rights, which recognises the right of persons to seek asylum from persecution in other countries.
A refugee may also enjoy rights and benefits in a state in addition to those provided for in the convention.
Halim said the government should consider ratifying the convention as a measure to clear the country of illegal foreign workers and make Malaysia a hub for legal workers.
“There are too many different types of people in the country. We have migrant workers who come here to stay; we have foreign workers, documented and undocumented; and we even have students who are working here without permit.
Get rid of agents importing foreign workers
Halim also urged the government to do away with the practice of allowing agents to bring in foreign workers.
“All these requests and importing of foreign workers must also be made compulsory by application through the human resources ministry. The request for foreign workers should come from an employer who has determined that the company needs foreign workers.
“What is happening in Malaysia is that agents are importing foreign workers on their own and then later ‘distributing’ the workers.
“By only permitting the employer to apply for the import of foreign workers it will help the government not only control the influx of foreign workers but also reduce the human trafficking problem our country is facing at the moment,” he said.