PETALING JAYA: While Malaysia’s upgrade to Tier 2 in the US State Department’s Trafficking in Persons (TIP) 2024 report is a positive sign, migrants rights activists say more can be done to improve the situation in Malaysia.
Our Journey founder and director Sumitha Shaanthinnni Kishna said the Tier 2 ranking showed Malaysia is doing better in some areas of anti-trafficking efforts.
She however said there are still weaknesses in terms of prevention.
“We are still seeing cases of workers coming in with no real jobs in hand and forced labour, including non-payment of wages, long working hours and passports being held.
“These are systemic problems which have not been tackled efficiently,” she said when contacted.
She said it is not impossible for Malaysia to achieve a Tier 1 ranking, recommending the government to relook the inclusion of forced labour offences under the Employment Act 1955.
Sumitha added that if forced labour offences are under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, which does not make any distinction on the legal status of the victim, there would be more cases being reported.
She also urged for a bigger budget allocated to the Human Resources Ministry alongside more labour inspectors.
Sumitha said elements of collusion and bribery between local enforcement and traffickers are another weak point.
“The Malaysian Anti-Corruption Commission must be allowed to investigate each trafficking case on the element of corruption,” she said.
Migrant Care commended efforts by the Labour Department, especially in dealing with Bangladeshi migrants’ ordeals.
Country representative Alex Ong said further collaborations were needed with active grassroots NGOs to enhance the effectiveness of policies and delivery systems.
“There is also a lack of migrant policies for micro, small and medium enterprises,” he said.
North-South Initiative co-founder and executive director Adrian Pereira said he was surprised with the ranking, expecting Malaysia to place in the Tier 2 Watch List as per the 2023 report or even downgraded to Tier 3.
Pereira expressed concerns with data used for the report, saying that findings should always be compared with a common denominator, which he said the TIP report lacked.
“The methodology used is based on comparisons with the previous year but there is nothing stopping them from looking at the bigger picture.
“The rating may not reflect the actual situation on the ground,” he said.
He said they also challenged forced labour cases, including unpaid and illegal wage deductions for migrant workers through the legal system, but the results were disappointing.
“It can drag on for months and years or even be dismissed,” he said when contacted.
But he commended efforts by Human Resources Minister Steven Sim for pushing towards more comprehensive measures in the labour market.
Citing the National Human Resource Policy Framework, he lauded the efforts and described it as a bold move.
To improve Malaysia’s ranking, Pereira called for an overall reset of the labour migration policy.
Pereira also said matters related to foreign worker recruitment should be solely handled by the Human Resources Ministry instead of the Home Ministry.
