Malaysian government must stop inhuman whipping/Torturing Migrant Workers

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Malaysian government must stop inhuman whipping/Torturing Migrant Workers.

The Malaysian government allows the whipping of Innocent Migrant workers.

Malaysia is supposedly a modern developing country but it is implementing the whipping/caning of innocent Migrant workers which is a gross human rights violation. The newly developed country, Malaysia, is hiring migrant workers from different countries and implementing new procedures of recruitment through out-sourcing companies. As a result officials, so called employers and agents in Malaysia are taking the opportunity to bring workers legally and outsourcing them to different employers, these employers use them for a short period, and dismiss them ending their employment contracts and subsequently forcing them to be illegal/undocumented workers.

During 2007, 2008 and 2009, hundreds of migrant workers from Bangladesh and others countries were brought into the country legally, but despite having legal papers they ended up illegal and were punished under the immigration laws which includes whipping with the Rotan. Despite a strict legal recruitment process to bring foreign workers into Malaysia, the immigration department, the employers and agents are putting workers at risk by holding their passports, papers and sub-contracting them to numerous employers. According to the law, foreign workers can only work for one employer they are not supposed to be outsourced to numerous employers. In these circumstances foreign workers can to be arrested by the police, Rela and immigration officials. As a result migrant workers are charged in court and given a whipping/cane conviction without investigation. These workers are not criminals and should never be subjected to this inhuman and harsh punishment. The following three case studies show clearly the violation and torture of migrant workers in Malaysia.

Case Study one:

This migrant worker from Bangladeshi paid USD3100 to the recruitment agency/ labour contractor Sepang Nusa Sdn Bhd to come to Malaysia. He arrived in Malaysia on 27 September 2007. After waiting two days at the airport he was picked up by his employer and after going through the normal and legal immigration procedure was taken to Johor Bahru. He stayed in a shop lot house for a month without any employment and without sufficient food. After a month, he was given a job for two and half months but he was not given any salary. He was unemployed for another one and half months and was told by the employer that he was medically unfit to work. The employer asked him to pay another RM1500 in order to get another work permit/visa. He took a loan RM1500 from Bangladesh with interest and gave the money to the employer. He was asked to wait for the visa. When nothing happened he asked his employer about the visa. His employer became violent and forced him out of the shop lot house without his passport and visa. He was arrested on 21st November 2008 by Rela as he did not have legal documents with him and he was sent to a detention camp. He was given a whipping and was left unconscious for a day without medical attention or water. He was detained at the detention camp for 4 months and then his family arranged to pay RM2000 to have him returned to Bangladesh on 21st March 2009.

Case Study two:

This Bangladeshi man was also trafficked to Malaysia and cheated despite going to Malaysia legally and following all the recruitment processes. He went to Malaysia on 4th November 2007 to work legally under a company named Kris Kangsar Trading Sdn Bhd. He paid the agent USD 3000 to go to Malaysia. Upon arrival at the airport, he waited 2 days before being picked up by the employer and taken to a shop lot house. After waiting 4 months he was given jobs in different places but he was not given any salary. He was abused by the employer and he had to pay the employer levy for the second year visa. He borrowed money from Bangladesh and gave the money to the employer but his visa was not renewed. He was arrested on 15th November 2008 by immigration officials and given 3 strokes of the Rotan at a detention centre. He also received no treatment after the whipping and had to borrow a further RM1500 from Bangladesh to return home on 18th March 2009.

Case Study three:

Another Bangladeshi went to Malaysia legally to work under the company Corporate Knowledge Sdn Bhd on 22nd November 2007. He paid USD3200 to go to Malaysia to work as a construction worker. After waiting 3 days at the airport, he was taken to Taman Maluri, Kuala Lumpur. After 4 months he was given work in Penang then Alor Setor but he was not paid any salary. In order to eat he had to ask a Malay family for food. He was sent to work under another contractor for 3 months but no salary was paid. This employer did not renew his permit. He was arrested by Rela and sent to detention camp where he was kicked, beaten and given fifty ear squats and 3 strokes of the Rotan. During his time in the detention centre he was given hot water and a small amount of rice with dry fish. He borrowed RM 3000 from Bangladesh to return home on 17/04/2009.

He said in his statement "I was cheated and trafficked and lets do something about it so that other people don't fall under whipping and trafficking like me"

Act Now:

There are thousands of migrants workers like these three Bangladeshi men who were given strokes of the Rotan as punishment for being illegal workers in Malaysia despite entering the country legally. Under the Malaysian immigration law- those who enter the country illegally will be imprisoned and whipped but these workers went to Malaysia legally. The Immigration law also states that employers will also be given the Rotan if found employing illegal workers. To date no employers have been whipped but according to Amnesty International over 47,000 foreign workers have been whipped since amendments incorporating corporeal punishment were added to the Immigration Act in Malaysian in 2002.

The Malaysian government is contributing to this injustice and torture of migrant workers by allowing outsourcing companies to sub-contract foreign workers to employers. We all must stand against this inhuman torture and stop buying Malaysian goods and stop using Malaysian Products.

We call upon the Malaysian government:

1. To abolish the inhuman torture on migrants who were given permission to go to Malaysia legally by the Home Ministry of Malaysia
2. To compensate One Million Dollars to all the migrant workers who were whipped illegally in Malaysia.
3. To punish those responsible for the injustice to the migrants workers including agents, employers, and officials.

We also call upon the government of the sending countries:

1. To stop sending workers to Malaysia without ratifying the problems
2. to demand compensation from the Malaysian government for those who are cheated, trafficked and whipped
3. to stop sending workers through recruiting agents rather demand for government to government recruitment
4. To demand punishment of those so called employers, agents and officials who are involved in this vicious recruitment circle.

Please Endorse and forward the statement

Please send the endorsement to the following address:

Ima.researchfoundation@gmail.com