Malaysia (January – June 2021)

TRIANGLE in ASEAN Quarterly Briefing Note Malaysia (January – June 2021)

Key partners Ministry of Human Resources (MOHR)

Malaysian Employers Federation (MEF)

Malaysian Trades Union Congress (MTUC)

Our Journey

Target sites Kuala Lumpur and Selangor, Penang

Focal point Anna Engblom, Senior Programme Manager, [email protected], +66 2 288 2245

Background information

Although population growth has remained relatively high in Malaysia, its rapidly expanding economy, increasing urbanization and relatively low labour force participation among women continues to create major demand for migrant workers. Official data from the Immigration Department, Ministry of Home Affairs, shows that 1.98 million regular migrant workers were employed in Malaysia by September 2019. This does constitute about 20 per cent of the country's labour force (United Nations Malaysia, 2019). However, a World Bank report estimates that some 2.96 to 3.26 million migrant workers, including 1.23 to 1.46 million migrant workers in irregular situations, were residing in Malaysia in 2017 (World Bank 2019). With close to full employment since 1990 and high educational attainment among nationals, the Malaysian economy relies heavily on migrant workers to perform low-skilled jobs. Approximately one-third of workers in the services sector and 25 per cent in agriculture are migrants (World Bank 2019).

Despite their ubiquity within the labour market, the role that migrant workers play in filling the demand for low- skilled workers has not been readily accepted (with a few exceptions, such as in domestic work). For many years, targets have been set and policies introduced to reduce the dependency on migrant workers. However, changing the composition of the labour force is difficult, with employers complaining of severe shortages in some industries when more restrictive policies have been applied.

Political and public discourse have regularly dovetailed in portraying migrant workers as a potential threat to national security and detrimental to the country's long-term social and economic development. Labour migration policy in Malaysia has tended to be formulated largely from the standpoint of controlling immigration and maintaining public safety rather than labour administration, as indicated by the authority granted to the Ministry of Home Affairs over migration issues.

During the last several years, an increasing number of media and NGO reports have documented serious labour rights abuses against migrant workers in Malaysia, including potential cases of forced labour and human trafficking. Women domestic workers are particularly vulnerable to exploitation and abuse due to the physical isolation of their workplaces, restrictions on movement and inadequate mechanisms established to ensure accountability of employers. About seven per cent of migrant workers in Malaysia are employed as domestic workers (World Bank 2019) and the situation of these estimated 200,000 – 230,000 workers continues to be a major concern, particularly because of their lack of protection under labour law (ILO, 2016).

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TRIANGLE in ASEAN Quarterly Briefing Note

Since early 2020, the COVID-19 pandemic is sweeping Malaysia at a glance through the ASEAN region. Women and men migrant workers in the region are striving to protect their livelihoods and their health through the crisis, yet many Population: 32.73 million are disproportionately affected by COVID-19 and its economic and health impacts. During this reporting period,  Labour Force: 16.02 million TRIANGLE in ASEAN has focused on both a legal and humanitarian response to the COVID-19 crisis. Source: Department of Statistics, Malaysia (2021).

Key developments

Migrants in Malaysia As of 30 June 2021, Malaysia has recorded a total of 751,979 COVID-19 infections and 5,170 fatalities, according to the 1,975,879 migrant workers Malaysian Ministry of Health. Infection numbers increased since September 2020, with migrant workers increasingly Source: Immigration Department, Ministry of affected. As a result of the high number of infections, a series Home Affairs (September 2019). of Movement Control Orders (MCO) was enacted. The last Migrants from ASEAN extension was announced on 28 June. It should remain in place until the number of new daily COVID-19 cases would be countries in Malaysia below 4,000, the public health system would return to moderate levels, and 10 per cent of the population would have Indonesia: 690,659 migrants been fully vaccinated, according to Prime Minister Muhyiddin

Yassin. Currently, about 7 million persons have received their Myanmar: 140,461 migrants first dose of vaccination in Malaysia. Viet Nam: 17,327 migrants As many COVID infections occurred in overcrowded living Philippines: 51,837 migrants spaces of migrant workers, the Malaysian Ministry of Human Resources (MOHR) announced in a statement on 10 March Thailand: 14,928 migrants that where an employer cannot convince the Labour

Department that they can provide proper accommodation for Cambodia: 3,321 migrants migrant workers, hiring of migrant workers won’t be permitted. Lao PDR: 44 migrants Since the first MCO, the hiring of migrant domestic workers was not possible. However, there have been increasing calls Source: Immigration Department, Ministry of Home Affairs (September 2019). to lift the ban on hiring foreign domestic workers who underwent health checks, were inoculated against COVID-19, and are not pregnant. TRIANGLE in ASEAN delivers assistance directly to migrant workers and their communities through two Migrant Worker From 1 June, social security was extended to cover domestic Resource Centres (MRCs). These MRCs are managed in partnership with the Malaysian workers under the Employees Social Security Act 1969 (Act Trades Union Congress and are based at 4) and the Employment Insurance System Act 2017 (Act 800). Kuala Lumpur/ Selangor, and Penang. This includes 89,400 migrant domestic workers, according to Since the start of the programme up until the the MOHR. end of 2020, TRIANGLE in ASEAN reached 17,085 migrant workers (52% women) through the Malaysian MRCs.

TRIANGLE in ASEAN Quarterly Briefing Note

Main programme activities: January – June 2021

During the reporting period, the two Migrant Workers resource Centres (MRCs) in Selangor/ Kuala Lumpur and Penang, operated by the partner Malaysian Trades Union Congress (MTUC) with support from TRIANGLE in ASEAN continued to provide services to migrant workers in need. The focus was on outreach through chat groups and at nearby migrant workers work sites. As a result, 900 migrant workers were reached. The MRC was also able to mediate three out of five cases reported, involving 19 migrant worker men and recovered approximately 12,000 US$ in unpaid salaries for 17 migrant workers and 200 US$ in fees for documents charged to a migrant worker. TRIANGLE in ASEAN and Safe and Fair programmes jointly provided training on monitoring and financial reporting in May 2021. The training was necessary as the MTUC MRCs had hired new staff to manage the MRCs.

TRIANGLE in ASEAN issued a new grant to Our Journey, a Malaysian CSO, to provide emergency assistance to migrant workers affected by the nationwide MCO 3.0. Under this initial contract, Our Journey is expected to deliver 1-month dry food rations and hygiene packs to about 500 migrant workers and milk to 60 children. A supplementary, long-term partnership with Our Journey to provide case management support to migrant workers who have experienced labour rights violations during COVID-19 is under development.

TRIANGLE in ASEAN is contributing to the joint UN Malaysia initiative to support COVID-19 Vaccine Rollout for Vulnerable Non-citizen Groups, led by the UN Resident Coordinator, WHO, IOM and UNHCR. The key challenge is enabling migrant workers with undocumented status to register for and access vaccinations without risk of arrest and deportation. UN Malaysia advocates for an exemption from arrest and detention for immigration offenses during the vaccination process, seeking to create undocumented migrant-friendly vaccination registration processes and vaccination centres and engaging with migrant communities to disseminate information and address fears and misinformation related to the vaccination. TRIANGLE in ASEAN partners MTUC and Our Journey participated in a CSO consultation on the UN vaccination support and stand ready to disseminate vaccination information to migrant worker communities once available.

TRIANGLE in ASEAN finalized a follow-up survey on experiences of ASEAN migrant workers during COVID-19. The survey captured primary data from 456 migrant workers in Thailand, Malaysia, Singapore, and returned migrant workers in Myanmar and the Philippines. The survey looked into job loss and job retention, loss of wages, safety at the workplace and accommodation, remittances, work-related abuses and stress, and re-migration plans. Results will be made available in July 2021.

On Domestic Workers Day, 16 June, TRIANGLE in ASEAN hosted an event to launch the Asia Pacific summary of the ILO’s new global report, Making Decent Work a Reality for Domestic Workers: Progress and prospects ten years after the adoption of the Domestic Workers Convention, 2011 (No. 189). The regional summary was developed by TRIANGLE in ASEAN. The event was attended by 254 participants (W: 152; M: 62; Non-binary: 2; Not provided: 38). At the event, the ILO also launched a video, produced with support from TRIANGLE in ASEAN, that shows how the goal of improving conditions for domestic work is shared by government, employers and domestic workers, unions and civil society actors across ASEAN. The whole event recording and the presentations can be retrieved on the event website.

TRIANGLE in ASEAN Quarterly Briefing Note

Upcoming activities and key dates (July – December 2021)

Date Event Location Attendees Purpose

July- SaverAsia Online DMA, MRCs and To disseminate SaverAsia app among December dissemination other government, migrant communities and prospective trade union and migrants civil society partners

August/ National Tripartite Online Tripartite partners Review progress in implementing past September Preparatory and CSOs AFML recommendations and discuss TBC Workshop for the the theme of the 14th AFML 14th AFML

Media coverage

Date Title Media source

5 February After meeting with Muhyiddin, Jokowi hopes Malaysia will further Malay Mail protect Indonesian migrant workers

11 February Non-citizens residing in Malaysia to get free Covid-19 vaccine New Straits Times

17 February Khairy vows that undocumented migrants won’t be detained during Malay Mail Covid-19 vaccination

18 February Jail for employers who do not get their foreign workers vaccinated: Malaysia Kini minister

23 February Malaysian activists make legal bid to halt Myanmar deportation New Straits Times

25 February US, rights groups slam Malaysia for Myanmar deportations New Straits Times

2 March Penang maid abuse: Couple's daughter, son-in-law also detained New Straits Times

10 March ‘Provide proper dorms for workers’ The Star

15 March Govt urged to reopen domestic worker sector The Star

TRIANGLE in ASEAN Quarterly Briefing Note 16 March Top Glove charged with failure to provide Labour Dept-certified The Star accommodations for workers

23 March FGV continues to enhance its labour practices to address WRO by The Star US customs

20 April 104,000 domestic helpers to benefit from extended Socso coverage, Free Malaysia says minister Today

23 April Govt accused of bowing to businesses with U-turn on workers’ Free Malaysia housing Today

04 May HR Ministry launches application for workers to submit labour-related The Star complaints

29 April HR Ministry launches application for workers to submit labour-related Malay Mail complaints

11 June U.S. tire maker Goodyear loses dispute against foreign workers in Reuters Malaysia

16 June The unstoppable domestic workers’ movement: powerful, resilient Equal Times and determined until all are free!

28 June Malaysia extends MCO 3.0 for second time TTG Asia

The TRIANGLE in ASEAN programme extends the cooperation between the International Labour Organization (ILO), the Australian Department of Foreign Affairs and Trade and Global Affairs Canada on protecting migrant workers and enhancing development opportunities. TRIANGLE in ASEAN aims to ensure that the benefits of labour migration are equally realized by men and women migrant workers; employers and governments. In shifting emphasis towards leveraging the development potential of migration, TRIANGLE in ASEAN aims to shape labour migration opportunities to support inclusive and sustainable growth in the ASEAN Economic Community. TRIANGLE in ASEAN engages institutionally with ASEAN and focuses on delivering in six countries (Cambodia, Lao People’s Democratic Republic, Malaysia, Myanmar, Thailand and Viet Nam).