Together with the USAID Asia Counter Trafficking in Persons project implemented by Winrock International, we hosted the second webinar in our COVID-19 'Rapid Response' series.
The session focuses on the impacts of the pandemic in Malaysia, particularly on migrant workers. Our panelists outline pressing issues from their respective standpoints. They provide a comprehensive overview both in terms of the problems and necessary solutions.
Many issues were discussed, including:
How are migrants (both documented and undocumented) affected by the movement control order?
What might be the impacts and risks for foreign workers due to their exclusion from the wage subsidy programme (WSP)?
What lessons can be learned from this situation to ensure greater protection in the future?
What policy changes would be most useful to support migrants, both migrants who wish to return to their country of origin and those who want to continue employment in Malaysia?
Speakers:
Dr. Andika Ab. Wahab, Institute of Malaysian & International Studies (IKMAS)
Sumitha Shaanthinni Kishna, Our Journey
Bariyah, International Domestic Workers Federation
Liva Sree (Moderator), Liberty Shared
Full summary
Malaysia is now in the sixth week of the Movement Control Order (MCO) as a preventive measure by the federal government of Malaysia in response to the COVID-19 pandemic. Most workplaces are closed, and non-essential activities are suspended. Malaysia is home to an estimated 5.5 million migrant workers, more of half of whom are undocumented. These workers come from countries across Asia, predominantly from Indonesia, Bangladesh and Nepal. They are employed in construction and manufacturing sectors, and many of these workers are subject to work and living conditions that put them at greater risk than most have been affected by COVID-19.
Update from Dr. Andika Ab. Wahab, Institute of Malaysian & International Studies (IKMAS)
Starting today, the government has allowed selected economic sectors to resume full operations, but employers must adhere to the Standard Operating Procedure (SOP) that have been set. These sectors include, construction and manufacturing, especially of food and health supplies.
In addition, the government has announced the assistance to employers according to their size. The economic package in subsidies form is intended to enable employees to retain their workers. Unfortunately, this wage subsidy only applies to local workers.
Malaysia has around 2 million registered migrants and is also hosting millions of migrant workers that are not registered. Given their irregular status, we don't know where they live and what their needs are. Some of them have been able to receive support through NGOs, but there are others who are unable to get assistance.
Social distancing is almost impossible for migrant workers that live in crowded housing, which is often the case especially on construction sides, and maintaining good hygiene is a challenge in these living conditions. Not being able to move and go out for two months now, has implications for migrant workers’ mental health. Without work, migrant workers are not able to send back remittances to their families back home – money that is especially needed by families during and in recovery from lockdown situations.
As a result of the wage subsidy programme that is excluding foreign workers, companies may not continue contracts or terminate contracts of migrant worker employees in order to reduce costs of operations during the recovery period. From previous incidents of mass lay-offs, we know these result in a higher number of undocumented workers. In addition, even when employers want to maintain their workforce, they are likely to adjust the levels of compensation and reduce opportunities for workers to receive more than the basic salary and certain allowances. Intervention is needed to ensure the upholding of labor rights.
Lessons to be learned from the current situation include: 1) importance of having a comprehensive data base of migrant workers, regardless of their status to ensure protection in times of emergencies, 2) need to develop mitigation strategies to respond to the reduced available workforce due to forced repatriations and exclusion from government subsidiary scheme – migrant workers should be seen as an important part of our labor force and to rebuild the Malaysian economy.
Update from Sumitha Shaanthinni Kishna, Our Journey
Prior to COVID-19, Our Journey was providing legal representation migrant workers and refugees or labor, criminal cases as well as immigration cases. Once the lockdown happened, the organization adapted its operations to provide humanitarian aid for migrant workers that are left without work and a salary.
We assist both documented and undocumented migrants, by providing them with food for them and their families (including milk for babies), and recently also started to pay for the rent for those that live in accommodation that is not provided by the employer.
Many workers haven’t been paid since the beginning of February. The MCO was put in place in Mid-March, but in anticipation of a possible lockdown many employers haven’t paid the salaries that were due at the beginning of March. Migrant workers are worrying about their next meal and also if they will still have their job after the lock-down, but most are unable to reach their employers and had have not received any communication since the lockdown.
In living quarters, migrants are increasingly worried that workers that are going out and are not given protective gear by their employers may bring back the virus.
There are also migrants that have been paid their salary and obtained their check-out memo and had their flight tickets to return to their country of origin but were unable to fly home. Some receive assistance by their employers, but other employers don’t feel responsible for these former employees.
In regards to the initiatives for employers to retain their local employees – there are sectors such as construction, plantations and agriculture, that don’t favor with local workers. The government needs to be aware that these industries will suffer if there is no motivation for local workers to seek employment in these industries.
Many workers that are asked to go to work are not provided with masks and disinfectants, and there is little social distancing in the workplace.
The Labor Department has a hotline to file complaints against employers who have not paid salaries. However, in cases where workplaces are currently closed these complaints cannot be processed during the MCO period. The hotline is still useful in cases in which workers are forced to work in a particular kind of situation.
The following policy changes would be particularly useful: 1) wave penalties for migrants that want to return home but have entered illegally or overstayed their visa, 2) loosen the rules for changing employers and industries, and 3) regularisation of irregular migrants to extend legal status to undocumented migrants.
Update from Bariyah, International Domestic Workers Federation
Migrant Domestic Workers in Malaysia can be categorized in the following: 1) Domestic workers that live with their employer and work for one employer only, and 2) Domestic workers that have multiple employers and live in outside accommodation.
A survey among migrant domestic workers has been done on the impact of COVID-19 on access to information and working conditions. 60 % of domestic workers are working longer hours (between 10-17 hours), as as with household members not leaving home the workload for domestic workers has increased automatically. 75% of women are unpaid for their overtime (including working during their rest day).
Many employers are using COVID-19 to justify a reduction of wages of domestic workers.
78 % of domestic workers with multiple part-time employers reported to have lost their jobs, most of them are undocumented as under the law they are not allowed to have multiple employers.
Domestic workers are at greater risk of abuse and exploitation during the COVID-19. Access to safe houses is limited.
Only a small number of migrant domestic workers are allowed to use their mobile phones, so they may have little Information on the pandemic, safety measures and government orders. They can also not stay in touch with their families back home.
IDWF has moved activities online, not only awareness raising on COVID-19, but also counselling for domestic workers that have access to communication. Others that do not have mobile phones cannot be reached.
IDWF collaborates with different NGOs including Our Journey, Tenaganita, and local community groups. Collaboration is also essential with government and foreign embassies in Malaysia.
There is currently no policy specifically for migrant domestic workers, and long-term, they should be included under the national legal framework, to ensure better protection from abuse and labor rights violations, including minimum wage.
Formal guidance should be given to recruiters and all employers to respect the rights of migrant domestic workers in Malaysia.
Questions from the audience
What are diplomatic missions of sending countries providing in terms of support for migrant workers in Malaysia?
- Missions in Malaysia are also short of resources
- Embassies are reaching out to NGOs, Embassies of Sri Lanka and Cambodia have reached out to Our Journey to collaborate on providing for their workers
- Bangladeshi, and Indonesian and Nepali embassies have been providing food aid
- Many migrants are fearful of their visas expiring during the MCO, so the missions have been assisting with the phone calls that are coming in from the migrants.
- Overall the missions have been doing their part and collaboration is key during this situation
Expand on the idea of a comprehensive database of all migrants (documented and undocumented)?
- Baby-steps to take: Regularize the status of undocumented migrants, regularization would mean they would be captured in the database
- Second step: Trying to create a shared database to bring together existing government databases on migrant workers that could be integrated
- Existing government databases are very secure, but data privacy and security would need to be taken into account
What are the support needs of Thai workers in Malaysia?
- Have not interacted with Thai workers, as we had no requests from them (yet)
How large is the sample size of the survey of domestic workers and how was the data gathered during the MCO?
- Keeping the survey very simple, 10 questions only
- Survey was targeted for Indonesian migrants that are members, and also members of the Filipino community where they had contact information
Statistics of COVID-19 cases among Migrant Workers in Malaysia
11% of COVID-19 cases in Malaysia are foreign nationals
Government support for migrant workers in Malaysia
- Treatment and screening for migrant workers: Migrants have been entitled to pre-screening and treatment for free. However, there were issues at the beginning of both locals and foreigners being sent to private hospitals that were charging high prices for testing.
- No arrests for immigration/visa violations: We have not come across a case where they've been fined for immigration violations, however, migrants are still fearful and afraid to access certain services.
What advise do you have for companies?
- Businesses need to come up with SOPs, as workers need safe procedures
- Provide what is needed, also for testing and screening and other services
- Closely monitor working conditions, reduce the workforce at one time and rotate shifts
- Fill in gaps in information and communication.
Have you been able to speak to migrants to hear from them about their needs and support they are hoping for?
- Migrants are worried about their income, some want to go home without penalties.
- Asking to ensure safety equipment and access to guidelines to follow
- Should be allowed to change employer, without much hassle
- Open to participate in public testing, but should not be penalized for coming forward
Closing quote from the Universal House of Justice:
“However difficult matters are at present, and however close to the limits of their endurance some sections of societies are brought, humanity will ultimately pass through this ordeal, and it will emerge on the other side with greater insight and with a deeper appreciation of its inherent oneness and interdependence.”