19th April 2024: UN (OHCHR) Statement on Alleged Criminal Syndicate Trafficking Bangladeshi Workers for Forced Labour in Malaysia – ‘Malaysia: Bangladeshi workers must be protected from exploitation and criminalisation, say UN experts’
UN experts expressed dismay about the situation of Bangladeshi migrants in Malaysia, who had travelled there in the hope of employment after engaging in the official labour migration process.
UN Statement Available – HERE
Overview of situation:
FMT 19th April 2024: UN experts sound alarm over plight of duped Bangladeshi migrants in Malaysia
FMT Source: FMT by Jason Thomas – 19th April 2024
They say certain high-level officials in Malaysia and Bangladesh are reportedly involved in criminal networks which are fraudulently recruiting migrant workers.
PETALING JAYA: A group of United Nations experts has called on Malaysia to do more to protect Bangladeshi migrant workers from being exploited into coming to Malaysia for non-existent jobs.
In a statement to FMT, the UN Human Rights Council-appointed experts said they were dismayed at reports about Bangladeshi migrants who travelled to Malaysia after being promised employment, only to find out they had been duped.
They also expressed concern that large amounts of money are being generated through the fraudulent recruitment of migrant workers by criminal networks operating between Malaysia and Bangladesh.
The experts said migrants were being deceived as they were recruited by companies that are frequently fake, and obliged to pay exorbitant recruitment fees which push them into debt bondage.
They noted that many migrants find on arrival in Malaysia that they do not have employment as promised, and are often forced into overstaying their visas, which results in them risking arrest, detention, ill-treatment and deportation.
“The situation of Bangladeshi migrants who have lived in Malaysia for several months or longer (without jobs) is unsustainable and undignified,” the statement said.
“Malaysia needs to take urgent measures to address the dire humanitarian situation of migrants and protect them from exploitation, criminalisation and other human rights abuses.
“We received reports that certain high-level officials in both governments are involved in this business or condoning it. This is unacceptable and needs to end.
“Perpetrators of these exploitative recruitments must be held accountable.”
The experts said the action taken against these private businesses and fraudulent recruitment companies in Malaysia and Bangladesh so far has been “wholly insufficient”.
The statement was issued by the UN’s Special Rapporteur on Slavery, Tomoya Obokata; the UN’s Special Rapporteur on Trafficking in Persons, Siobhan Mullally; the UN’s Special Rapporteur on the Human Rights of Migrants, Gehad Madi; and other experts.
Stating that some migrants have faced severe reprisals for reporting the exploitation suffered, they urged Malaysia to handle labour migration more effectively by adopting adequate safeguards.
They said Malaysia must fulfil its obligations under the UN Guiding Principles on Business and Human Rights, under which it has to protect migrant workers against human rights abuses by businesses operating in the country and ensure that these businesses respect human rights.
The experts also said Malaysia must step up efforts to identify, protect and assist victims of exploitation, enforce existing legal protections against trafficking in persons, and uphold the country’s international human rights obligations.
They said they have previously engaged with the Malaysian and Bangladeshi governments on these issues.
Last October, migrant rights activist Andy Hall referred the country’s poor response to the plight of these Bangladeshi workers to the United Nations Office of the High Commissioner for Human Rights (OHCHR), a body under the UN Human Rights Council (UNHRC) in Geneva.
Describing the workers’ situation as “dire”, he provided details of their poor living conditions, including cramped quarters, poor sanitation, and limited food, and how they became indebted due to exorbitant recruitment costs.
Hall had also sent the documented complaints to the UN special rapporteurs on slavery, trafficking, migrants, and poverty; the Working Group on Business and Human Rights, and Pia Oberoi, the senior adviser on migration and human rights for Asia Pacific.
UN Statement:
19th April 2024: NEWS RELEASE – Malaysia: Bangladeshi workers must be protected from exploitation and criminalisation, say UN experts
UN Statement Available – HERE – 19th April 2024
GENEVA (19 April 2024) – UN experts* today expressed dismay about the situation of Bangladeshi migrants in Malaysia, who had travelled there in the hope of employment after engaging in the official labour migration process.
“The situation of Bangladeshi migrants who have lived in Malaysia for several months or longer is unsustainable and undignified,” the experts said. “Malaysia needs to take urgent measures to address the dire humanitarian situation of migrants and protect them from exploitation, criminalisation and other human rights abuses.”
They noted that many migrants find on arrival in Malaysia that they do not have employment as promised and are often forced into overstaying their visas. Consequently, these migrants risk arrest, detention, ill-treatment and deportation, the experts said.
They expressed concern that large sums of money were being generated through the fraudulent recruitment of migrant workers by criminal networks operating between Malaysia and Bangladesh. Migrants were being deceived, recruited by companies that are frequently fake, and obliged to pay exorbitant recruitment fees which pushes them into debt bondage, the experts said.
“We received reports that certain high-level officials in both Governments are involved in this business or condoning it. This is unacceptable and needs to end,” the experts said. “Perpetrators of these exploitative recruitments must be held accountable,” they said, adding that so far action taken against these private businesses and fraudulent recruitment companies have been wholly insufficient, both in Bangladesh and Malaysia. “Meanwhile, vulnerable migrants have been criminalised and some have faced severe reprisals for reporting the exploitation suffered,” they said.
They urged Malaysia and Bangladesh to investigate and address the situation. “Malaysia must govern labour migration more effectively by adopting adequate safeguards,” the experts said, urging the country to fulfil its obligations under the UN Guiding Principles on Business and Human Rights to protect migrant workers against human rights abuses by businesses operating in Malaysia and ensure that these businesses respect human rights. Malaysia must also step up efforts to identify, protect and assist victims of exploitation, enforce existing legal protections against trafficking in persons and uphold the country’s international human rights obligations, they said.
The experts have previously engaged with the Governments of Malaysia and Bangladesh on these issues.
*The experts: Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Gehad Madi, Special Rapporteur on the human rights of migrants and Robert McCorquodale (Chair-Rapporteur), Fernanda Hopenhaym (Vice-Chair), Pichamon Yeophantong, Damilola Olawuyi, Elzbieta Karska, Working Group on business and human rights
Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.
For inquiries and media requests, please contact: Satya Jennings (satya.jennings@un.org)
For media inquiries related to other UN independent experts please contact Dharisha Indraguptha (dharisha.indraguptha@un.org)
Follow news related to the UN’s independent human rights experts on X: @UN_SPExperts.
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*Bangladeshi response to UN statement*
See Daily Star 23rd Apr 2024: Bangladesh Plight of Migrant Workers – Bangladesh, Malaysia working group meeting likely in May
See Daily Star Editorial 23rd Apr 2024: When even legal migrants suffer – Workers migrating to Malaysia legally deserve better protection
Business Standard 23rd April 2024: Expat Ministry reviews UN complaints on Bangladeshi workers in Malaysia
Prothomalo 23rd April 2024: Bangladesh – Ministry reviewing allegations over Malaysia labour market
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BenarNews Malay Language: Pakar PBB gesa Malaysia tangani layanan buruk diterima pekerja Bangladesh (UN expert urges Malaysia to handle bad treatment received by Bangladeshi workers)
Oleh Helmi Foad di Kuala Lumpur
https://www.facebook.com/100063698868032/posts/935965688536718/?mibextid=rS40aB7S9Ucbxw6v
Pakar di Pertubuhan Bangsa-Bangsa Bersatu (PBB) pada Jumaat melahirkan rasa kecewa dengan situasi yang menimpa migran Bangladesh di Malaysia setelah datang ke negara itu dengan harapan memperoleh pekerjaan selepas melalui proses rasmi pengambilan buruh warga asing.
Mereka berkata rakyat Bangladesh yang tiba di Malaysia tidak mendapat pekerjaan seperti yang dijanjikan dan sering terpaksa tinggal lebih masa hingga berdepan risiko ditangkap, menerima layanan buruk dan tindakan pengusiran.
“Keadaan warga Bangladesh yang telah tinggal di Malaysia selama beberapa bulan atau lebih lama adalah tidak mampan dan tidak bermaruah,” kata pakar badan dunia itu di Geneva.
“Malaysia perlu mengambil langkah segera menangani situasi kemanusiaan pekerja asing yang teruk dan melindungi mereka daripada eksploitasi, jenayah dan pencabulan hak asasi manusia.”
Pakar tersebut melahirkan kebimbangan bahawa sejumlah besar wang dikaut melalui penipuan pengambilan pekerja asing oleh rangkaian jenayah yang beroperasi antara Malaysia dan Bangladesh.
Para migran telah ditipu, direkrut oleh syarikat yang selalunya palsu dan diwajibkan membayar yuran pengambilan terlalu tinggi hingga menyebabkan mereka terbelenggu dengan hutang,” kata pakar.
Pakar itu mendakwa mereka menerima laporan terdapat pegawai peringkat tinggi tertentu dalam kedua-dua kerajaan terlibat dalam perniagaan itu atau membenarkannya.
Mereka menggesa Malaysia dan Bangladesh menyiasat dan menangani situasi tersebut.
“Malaysia mesti menguruskan kemasukan buruh secara lebih berkesan dengan mengamalkan perlindungan yang mencukupi,” kata pakar tersebut, menggesa negara itu memenuhi kewajipannya di bawah Prinsip Panduan PBB mengenai Perniagaan dan Hak Asasi Manusia untuk melindungi pekerja asing daripada pencabulan hak asasi manusia.
Keterangan gambar:- Sebuah taman perumahan yang dipercayai menjadi perkampungan pendatang asing diserbu pihak berkuasa dalam satu operasi bersepadu di Seremban, Negeri Sembilan, 29 Februari 2024. [S. Mahfuz/BenarNews]
bangladesh #Malaysia #PBB #pekerjaan
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Daily Star 19th Apr 2024: UN experts express dismay over situation of Bangladeshi migrants in Malaysia
Star Digital Report
Sourced from: https://www.thedailystar.net/nrb/migration/news/un-experts-express-dismay-over-situation-bangladeshi-migrants-malaysia-3590671
UN experts today expressed dismay about the situation of Bangladeshi migrants in Malaysia, who had travelled there in the hope of employment after engaging in the official labour migration process.
“The situation of Bangladeshi migrants who have lived in Malaysia for several months or is unsustainable and undignified,” the experts said, according to a statement of the UN Human Rights Office of the High Commissioner (OHCHR) issued today.
They expressed concern that large sums of money were being generated through the fraudulent recruitment of migrant workers by criminal networks operating between Malaysia and Bangladesh.
Save our migrants in Malaysia
They said migrants were being deceived, recruited by companies that are frequently fake, and obliged to pay exorbitant recruitment fees which pushes them into debt bondage.
“We received reports that certain high-level officials in both governments are involved in this business or condoning it. This is unacceptable and needs to end,” the experts said.
The independent experts who made the statements have previously engaged with the governments of Malaysia and Bangladesh on these issues.
Bangladeshis in Malaysia: Cops after workers, not rogue employers
They include Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Gehad Madi, Special Rapporteur on the human rights of migrants and Robert McCorquodale (Chair-Rapporteur), Fernanda Hopenhaym (Vice-Chair), Pichamon Yeophantong, Damilola Olawuyi, Elzbieta Karska of the Working Group on business and human rights.
According to the independent researchers and migrants who talked to this newspaper, each of the migrants paid around Tk 500,000 for a job in Malaysia.
Foreign workers: Malaysia govt extends visa deadline to April 21
Since the end of 2022, more than 400,000 Bangladeshis have migrated to Malaysia for jobs under a syndicated of 100 Bangladeshi recruiting agencies selected by the Malaysian government. But, a significant portion of them are facing joblessness, underpayment or no payment. In total, there are around 800,000 Bangladeshis in Malaysia.
Earlier in 2018, Malaysia had frozen the recruitment of Bangladeshis saying that there was corruption, debt bondage and Han trafficking.
There were also numerous media reports on the labour exploitation and malpractices of migration in the Bangladesh-Malaysia corridor.
What will happen to migrants abandoned in Malaysia?
“Malaysia needs to take urgent measures to address the dire humanitarian situation of migrants and protect them from exploitation, criminalisation and other human rights abuses,” the UN experts said.
They noted that many migrants find on arrival in Malaysia that they do not have employment as promised and are often forced into overstaying their visas. Consequently, these migrants risk arrest, detention, ill-treatment and deportation.
“Perpetrators of these exploitative recruitments must be held accountable,” they said, adding that so far action taken against these private businesses and fraudulent recruitment companies have been wholly insufficient, both in Bangladesh and Malaysia.
Malaysia’s freeze on hiring foreign workers: Big blow for Bangladesh’s aspiring migrant workers
“Meanwhile, vulnerable migrants have been criminalised and some have faced severe reprisals for reporting the exploitation suffered,” they said.
They urged Malaysia and Bangladesh to investigate and address the situation.
“Malaysia must govern labour migration more effectively by adopting adequate safeguards,” the experts said.
Malaysia employer framed Bangladeshi workers
They urged the country to fulfil its obligations under the UN Guiding Principles on Business and Human Rights to protect migrant workers against human rights abuses by businesses operating in Malaysia and ensure that these businesses respect human rights.
Malaysia must also step up efforts to identify, protect, and assist victims of exploitation, enforce existing legal protections against trafficking in persons and uphold the country’s international human rights obligations, the experts said.
——
Background Reading:
For more on Andy Hall’s complaint to the OHCHR see 30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council
FMT 19th Apr 2024: PSM, news portal set aside order to stop debate on migrant workers’ plight
Daily Star Editorial 17th April 2024: Save our migrants in Malaysia (more on the crisis caused by an alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia)
9th April 2024 The Star – Bangladeshi victims of criminal syndicate trafficking worked for forced labour in Malaysia: ‘Cops after workers, not rogue employers’
6th April 2024 Daily Star: A hostel of nightmares for Bangladeshi migrants allegedly trafficked by criminal syndicate for forced labour in Malaysia (and Daily Star Op Ed)
Daily Star Editorial 6th Apr 2024: What will happen to migrants abandoned in Malaysia?
26th March 2024: The Star – Freeze on foreign workers hiring quota in Malaysia stays for now, says HR Minister (with estimated 200,000+ surplus foreign workforce victims facing destitution and abuse)
Daily Star 25th Mar: Malaysia employer framed Bangladeshi workers
Daily Star 24th Mar 2024: Jailed in Malaysia – 3 Bangladesh workers released
Editorial Prothomalo 24th Mar 2024: Malaysian labour market – Take action against the fraud syndicate
FMT 23rd March 2024: PSM calls on Sim to look into arrest of Bangladeshi workers
MALAYSIAKINI 23 Mar 2024: Stranded foreign workers (alleged victims of criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) nabbed after labour complaints against employer
23rd March 2024 The Star: Half a million vulnerable and irregular foreign workers disappear from Malaysia’s migrant worker regularization programme as deadline looms in one week
23 Mar 2024 The Star: Verification rate lags as RTK 2.0 deadline approaches
22nd March 2024 Malay Mail: Home minister – Over RM9m in fines collected so far through migrant repatriation programme
22nd March 2024 Protomalo: Malaysian labour market set to be closed again due to syndication
20th March 2024: 93 duped/detained Bangladeshi migrant workers in Malaysia have jobs now, says immigration DG
20th Mar 2024 Business Standard: Bangladeshi workers’ plight in Malaysia: Coalition of migration orgs demand action against recruiting agency syndicate
19th March 2024: FMT – Plantation firms wary of ‘forced labour’ concerns in hiring 200,000 surplus foreign workers/criminal syndicate victims in Malaysia, says minister – indeed he’s right, who wants to take on destitute foreign workers often with US$4-7000 in debt?
17th March 2024: FMT – Malaysia’s treatment of migrant workers utterly shameful
New Age 16th Mar 2024: Bangladeshi government must mend issues to keep Malaysia job market open
15th March 2024 SCMP: Malaysians deride minister’s idea to rebrand palm oil workers as ‘specialised harvesters’
14th March 2024: The Star – Opinion: When work in Malaysia is a con – the criminal syndicate trafficking Bangladeshis for forced labour in Malaysia
FMT 13th March 2024: Bangladeshi migrants file police reports after falling victim to job scam/criminal syndicate trafficking workers from Bangladesh for forced labour in Malaysia
12th March 2024: SCMP – Malaysia to slash migrant workforce amid intolerance, job scam crisis involving Bangladeshi labourers
Daily Star Editorial 10th March 2024: Migrating to a life of unemployment
Daily Star 10th Mar 2024: Distressed in Malaysia – Thousands of Bangladeshi migrants jobless, unpaid or underpaid
9th March 2024: Malay Mail – Activists warn rushed 31st March visa deadline in Malaysia could force firms to source foreign workers unethically (includes my commentary on the abrupt policy change)
9th Mar 2024 The Star: No extension of May 31 foreign worker deadline
NST 9th Mar 2024: Keep recruitment agencies in a list rather than shutting them down, govt told
See also NST 9th Mar 2024: Sourcing migrant workers takes time, ‘not like buying cattle’, employer groups tell govt
NST 8th Mar 2024: Eliminate middlemen from migrant worker recruitment process, govt told
Star 8th Mar 2024: May 31 deadline for foreign workers recruitment under recalibration programme remains, says Saifuddin
Malay Mail 8th Mar 2024: Saifuddin Nasution: No more agents for Bangladeshi worker recruitment
6th Mar 2024: Malaysian government halts foreign worker entry into the country from 31st May 2024 (final calling visa/VDN approval issuance deadline 31st March 2024) as migrant worker management crisis worsens and victims of gross exploitation, unemployment and destitution rise significantly
6th March 2024: Business Times –Sudden change in foreign worker policy by Malaysian government leaves industry in limbo
6th Mar 2024 Edge: Foreign worker intake deadline changes will leave manufacturers in the lurch, says FMM
6th Mar 2024 FMT: Industry players shocked by foreign worker policy change, says FMM
Mar 5 2024: NCCIM urges govt to review unused foreign worker quota deadline
FMT 3rd Mar 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist
Mar 2nd 2024 The Star: A chance for illegals to go home
Mar 2nd 2024 The Star: Sarawak immigration extends RTK2.0 until June
Mar 1st 2024 FMT: 600,000 foreign workers urged to take easy exit home
Mar 1st 2024 The Star: Use repatriation programme to return home, 600,000 illegals told
Feb 28th 2024 The Star: New programme lets migrants off the hook without being prosecuted
Feb 25th 2024 The Star: Businesses want foreign worker hiring freeze lifted
Jan 31st 2024 NST: Govt to implement Migrant Repatriation Programme starting March
Jan 31st 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister
31st Jan 2024 FMT: Migrant repatriation programme set for March 1
31st Jan 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry
FMT 6th Jan 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)
5th Jan 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers
FMT 30th Dec 2023: Migrants being duped into Malaysia because of govt’s failure to curb criminal trafficking syndicates and organised crime network, says activist Andy Hall
30th Dec 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear
29th Dec 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya
28th Dec 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers
27th Dec 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers
26th Dec 2023: FMT – High recruitment fees make greedy agents bring in workers, says group
25th Dec 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis
22nd Nov 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says
9th Nov 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report
30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council
20th Oct 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)
19th Oct 2023: Malaysia facing huge excess of 1/4 million migrant laborers
21st Sep 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall
20th Sep 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall
Aljazeera News TV 10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam
Reuters 11th Apr 2023: In Malaysia, migrants say they are in limbo after promised jobs fall through
25th April 2023 Sarawak Post: Malaysia And Modern Slavery – ‘PM Must Take Control’
23rd April 2023: REUTERS: Malaysia probes cases of migrant workers left jobless, without passports (with background summary and articles included in my blog post)
17th April 2023 Daily Star: Approval For Labour Recruitment – Malaysia’s transparency questioned by Bangladesh
FMT 13th April 2023: Stranded Bangladeshis endure ‘hell’ in Malaysia – The group of 35 now wants to go home after being left without jobs for months
11th Mar 2023 MALAYSIAKINI: Malaysian HR Minister Sivakumar – Zero checks for migrant quota approvals only until March 2023
13th Feb 2023: My Perspective published by FMT – ‘Time to address corruption in Malaysia’s migrant worker management’
10th Jan 2023: ‘Bangladeshi recruitment cartels’ grip must end’ – Govt now acting on billion-ringgit ‘human trafficking syndicates’
1st Oct 2022 Malay Mail: PM Anwar says Putrajaya to Ease Rules on Hiring Migrant Workers
7th July 2022 The Vibes: How Bestinet courted controversy over migrant worker recruitment – MACC’s raid on IT company once again casts spotlight on alleged hiring monopoly
June 2022 The Star: Human Traffickers made RM2 billion through syndicate smuggling in over 100,000 workers from Bangladesh
