Letter to the Editor

Hard for migrant workers to seek redress

5 February 2008

IT IS alarming to see that detained migrant workers are being sent home without screening due to overcrowded detention centres.

The screening process is an essential tool as it identifies detainees whether they are undocumented migrant workers, trafficked victims, asylum seekers, refugees and migrant children.

These detained migrant workers do not have the chance to pursue a legal action against their employers, thus enabling these employers to escape justice.

Migrant workers also are not allowed to work during their trial and must pay a fee of RM100 per month for a special pass to remain in the country.

Even when a migrant worker is fortunate to have the Special Pass fee waived, the length of these cases can be worrying.

A case in point is of a migrant domestic worker who is currently receiving assistance from Women’s Aid Organisation (WAO) whose case has now entered its fourth year.

The worker was abused and raped by her employer during the course of her employment and was rescued by the police who then brought her to WAO.

Imagine the psychological effect of having to stay for four years in a shelter without work and the trauma she endures each time she recalls her tragic experiences.

Although far from home, she is fortunate to have the support of WAO social workers and volunteers though many are not as fortunate.

To save whatever money they have and escape the trauma of years of pursuing a case, many migrant workers often choose to go home.

Employers, who are aware of this, take advantage of the situation and drag the case longer to escape liability.

We urgently need a change in our policy in regards to mi-grants.

Migrant workers should be able to easily seek redress for labour and criminal matters and to have the conditions around the special pass reviewed.

The workers should also be allowed to work and support themselves during their stay here and their cases must not be allowed to drag on.

In addition to this, the Government should also in-crease funding for the Immigra-tion Department to help them set up an efficient screening process to identify detained migrants.

This will ensure that those in need of protection will not be tormented nor have their rights violated any further.

*This letter was published in The Sun, The Star and News Straits Times (NST)

Kerina Francis
Women’s Aid Organisation (WAO)
Petaling Jaya