Malaysia must commit to protecting migrant workers

THE Malaysian Bar marked International Migrants Day 2025 (Dec 18) by reaffirming its long-standing commitment to protecting migrants and ensuring that those in Malaysia are treated with dignity and afforded their fundamental rights.

The theme for this year, “My Great Story: Cultures and Development”, highlights how human mobility drives growth, enriches societies and helps communities connect, adapt and support one another.

Malaysia’s economy is heavily reliant on foreign labour, particularly in key sectors such as manufacturing, construction and services. As at Sept 30, 2024, there were approximately 2.4 million active foreign workers in the country, making up around 14.6% of the total workforce.

Therefore, it is undeniable that migrants play a vital role in driving economic growth and social development, contributing as workers and students while bringing valuable skills, experience and knowledge to the nation.

Despite their contributions, many migrants face challenges, including limited access to justice, social protections, fair employment and opportunities to fully participate in society. These challenges are further compounded by language barriers, legal complexity and limited awareness of their rights.

In recognising the indispensable role that migrant workers play in Malaysia’s socioeconomic fabric, the Malaysian Bar calls on the government of Malaysia to take the crucial step of signing and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW), a comprehensive human rights instrument that sets global standards for the protection of migrant workers throughout the migration cycle, i.e. from recruitment and entry to work, family life and return.

The ICMW goes beyond regulating employment conditions alone; it enshrines fundamental rights against discrimination, arbitrary arrests and exploitation, and obliges states to ensure equal treatment with nationals in respect of remuneration and working conditions.

By ratifying the Convention, Malaysia would not only affirm its commitment to human rights but also provide a clear legal framework to strengthen the protection of migrant workers, including ensuring access to justice, fair wages, social protections and safeguards against violence and abuse.

A detailed analysis conducted by Suhakam (Human Rights Commission of Malaysia) titled “Project to Study and Analyse the Compatibility of Malaysian Laws with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)”, highlights specific areas where Malaysian law diverges from the standards set by the Convention.

Findings from the study note that the Convention incorporates protections derived from core international human rights standards, expanding non-discrimination clauses and articulating clear obligations on states to guarantee the human rights of migrant workers and their families. To echo the final lines of the report: “ICMW if acceded by Malaysia, will assist to enhance the rights/protection in a wider aspect.”

In this spirit, the Malaysian Bar urges the government to adopt a forward-looking approach that centres on human dignity, equality and justice.

Ratification of the ICMW would be a landmark affirmation of Malaysia’s commitment to upholding the rights of all who live and work within its borders, ensuring that migrant workers are not only acknowledged for their contributions but also protected under the law.

The Malaysian Bar also records its appreciation to Steven Sim Chee Keong for the continued engagement and support during his tenure as Human Resources Minister.

We also congratulate Datuk Seri Ramanan Ramakrishnan, the newly-appointed minister, and we look forward to working constructively with him and the relevant government authorities in providing meaningful input to advance the rights and protections of migrant workers in Malaysia.

MOHAMAD EZRI ABDUL WAHAB

President

Malaysian Bar