Experts call on Malaysia to fulfil its international obligation to protect migrant victims from human rights abuses.

UPDATE: Malaysia finally responds to OHCHR accusations on alleged criminal syndicate trafficking Bangaldeshi migrant workers for forced labour in Malaysia

Original Source: FMT by Jason Thomas 28 May 2024

Full response available: HERE

PETALING JAYA: Malaysia has yet to respond to a letter from the United Nations (UN) regarding allegations of fraudulent recruitment of Bangladeshi migrant workers by criminal networks.

The previously confidential communication, now available online, is said to have gone unanswered for 60 days.

In a March 28 letter addressed to Malaysia’s permanent representative to the UN in Geneva, four UN experts said they were concerned about the deceptive practice of fake companies recruiting workers from Bangladesh, purportedly for employment in Malaysia.

The letter claimed that the workers were forced into paying exorbitant recruitment fees, pushing them into debt bondage.null

The experts noted that, on arrival, many Bangladeshi migrant workers find that jobs previously promised to them are non-existent. The workers’ plight then forces them into overstaying their visa, risking arrest, detention, ill-treatment and deportation, they added.

Stressing that the situations described by these workers may amount to human trafficking and forced labour, the experts said the reported violations align with forced labour indicators established by the International Labour Organization.

They also called on Malaysia to fulfil its international obligations by protecting the affected migrant workers from human rights abuses, warning that they face a potentially “alarming humanitarian situation” due to the risk of further exploitation and destitution.

The experts urged the government to give “urgent attention” to the issue by ensuring that all affected migrants are protected from deportation while court cases involving assessments of whether they are victims of trafficking or have been subjected to labour exploitation are ongoing.

They also said the migrants should be given basic assistance to meet their daily needs – including adequate housing, food and other basic items – during their period of unemployment.

Highlighting the names of several businesses believed to be operating as bogus employers, the letter claimed that areas such as Cheras and Chow Kit, both in Kuala Lumpur, and Pengerang, in Johor, have a notable concentration of such workers.

“We believe that the wider public should be alerted to the potential implications of the above-mentioned allegations,” they said.

“We would appreciate receiving a response within 60 days. Past this delay, this communication and any response received from (the Malaysian) government will be made public via the communications reporting website.”

The experts also said the contents of the letter would be made available in their usual report to the UN Human Rights Council.

It reminded the government that failure to provide aid and protection to duped migrant workers would violate the Asean Convention Against Trafficking in Persons, Especially Women and Children, signed in Kuala Lumpur in 2015.

The letter was co-authored by the UN’s special rapporteur on contemporary forms of slavery, including its causes and consequences, Tomoya Obokata; the UN’s special rapporteur on the human rights of migrants, Gehad Madi; the UN’s special rapporteur on trafficking in persons, especially women and children, Siobhán Mullally; and the UN’s chair-rapporteur of the working group on the issue of human rights and transnational corporations and other business enterprises, Robert McCorquodale.

Numerous unanswered questions

The letter sought information about the predicament faced by the duped migrants and assistance given by the government in terms of housing, food, health services, legal and social support.

The government was also asked to explain how private recruitment agencies are regulated, what measures are taken to address and dismantle exploitative migrant worker recruitment networks, and whether there are measures in place to stop bogus companies from issuing permits to migrant workers.

The UN experts also asked for details and results – where available – of investigations, prosecution or criminal charges against government officials, employers or other actors in relation to the allegations, including those pertaining to corruption.

The government was likewise asked about the status of cooperation between the Malaysian and Bangladeshi governments to effectively combat criminal networks and facilitate fair and ethical migrant worker recruitment.

A similar letter, sent to Bangladesh’s permanent representative to the UN, also appears to have gone unanswered.

Independent migrant worker rights specialist Andy Hall said the failure of the Malaysian and Bangladesh governments to respond to the Office of the United Nations High Commissioner for Human Rights’ communications within the 60-day timeline points to a lack of accountability, and might be taken to suggest that they endorse human trafficking.

“Based on the many years of unsuccessfully engaging the Malaysian government on these and many other similar cases of alleged human trafficking and forced labour, I conclude that a failed migrant management and recruitment system continues to exist in the country,” he said.

FMT has contacted Wisma Putra and the office of Malaysia’s permanent representative to the UN in Geneva for comment.

For Immediate Release 27th May 2024: Statement by Andy Hall, Independent Migrant Worker Rights Specialist, on today’s public release of UN OHCHR’s unanswered urgent appeal communications to the Malaysian and Bangladeshi Governments 

Read this story – HERE

The United Nations (UN) Office of the High Commissioner for Human Rights in Geneva (OHCHR) has today published in full its unanswered urgent appeal communications sent to origin (Bangladesh) and destination (Malaysian) governments regarding exploited and duped Bangladeshi workers in Malaysia who are alleged to be victims of labour trafficking perpetrated by criminal syndicates. 

This set of confidential communications had previously been sent to both Bangladeshi and Malaysian governments by a number of independent UN human rights experts on 28th March 2024. 

DownLoadPublicCommunicationFile 2.pdfDownload

DownLoadPublicCommunicationFile.pdfDownload

The communications were written jointly by the Mandates of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Working Group on the issue of human rights and transnational corporations and other business enterprises; the Special Rapporteur on the human rights of migrants and human rights and the Special Rapporteur on trafficking in persons, especially women and children. 

Yet today, after 60 days since these confidential communications to the Bangladeshi and Malaysian governments were sent, no response has been received by the UN OHCHR from either government, despite the worsening destitution and abusefaced by stranded Bangladeshi workers in Malaysia at this time. 

The urgent issues raised by the UN experts with the Bangladeshi and Malaysian governments outlined in these communications concern an alleged criminal syndicate that has since mid 2022 trafficked hundreds of thousands of Bangladeshi workers for forced labour in Malaysia, many of whom remain stranded without work until today.

These workers have been recruited on false promises of jobs and charged exorbitant fees and costs. These cases involve: violations to the physical safety and security of the workers; passport retention and ransom taking; deplorable living conditions; unpaid wages; and debt bondage resulting from extortionate recruitment related costs extracted involving cross border financial crimes, bribery and corruption.

Following submission of complaints by myself and civil society activists, and after much media publicity, no effective action has been taken by either the Bangladeshi and Malaysian governments to: protect and assist victims; remediate their suffering; or to hold employers, recruitment intermediaries or government officials who authorised and were complicit in this alleged criminal and corrupt trafficking and forced labour syndicate accountable.

In April 2024, following twelve months of widespread reporting of this situation and the sending of the March 28th 2024 set of confidential communications, the UN Office of the High Commissioner for Human Rights (OHCHR) raised similar concerns in a public statement. 

In May 2024, in an exclusive statement issued to FMT news portal, the International Organisation for Migration (IOM), the International Labour Organisation (ILO) and the United Nations Office on Drugs and Crime (UNODC) likewise raised similar concerns for Bangladeshi migrant workers in Malaysia and pledged support to the Government to address this crisis.

In the joint statement, IOM, ILO and UNODC highlighted Malaysia had ratified the Protocol of 2014 to the ILO Forced Labour Convention, 1930, thereby renewing its commitment to fight against forced labour in all its forms, including trafficking in persons and debt bondage, and to ensure workers have access to justice and effective legal remedies.

Earlier last week, the former UN Special Rapporteur for human trafficking also reiterated that migrant workers’ vulnerability to trafficking through debt-based coercion indiscriminately raises the cost of migration exponentially.

Media reports on 10th May 2024 outline the first seemingly public reaction by Malaysia to this international condemnation. The Minister of Human Resources, Steven Sim, announced the Labour Department would set up a special unit handling migrant workers’ grievances, without specifying any details or a timeline. As with previous lack of engagement and response, this proposal, whilst welcome, is woefully inadequate.

Examples of ongoing abuses 

In late 2023 and early 2024 when 171 of more than 700 Bangladeshi workers who were left stranded without jobs in Pengerang attempted to lodge complaints, they were arrested and detained. They then lodged claims before the labour department for their employer’s breach of contract to supply work and wages under conditions indicating forced labour.

Although the Malaysian Home and Human Resource Ministers both decried the practice of trading in migrant workers and agreed on new standard operating procedures (SOPs) for dealing with errant employers, systemic foot-dragging has left the workers without an effective remedy. 

In what the government described  as a ‘landmark case,’ the companies involved agreed to pay half of a negotiated compensation settlement by March 21st 2024 and promised to secure jobs for all the workers. Whilst some of these workers have indeed finally secured jobs, many are being poorly paid and compensation has not been forthcoming. Most of these workers remain in situations akin to acute modern slavery.

Likewise 93 Bangladeshi workers left stranded without jobs in Cheras and in destitution employed under the Ricoler Construction Company were rescued by Malaysia’s immigration and anti-trafficking agencies and granted interim protection by a magistrate. The workers were taken to the only Malaysian government shelter for victims of human trafficking in Melaka. Government ministers said in a joint press statement that the employer could face charges under for (i) failing to house workers (ii) pay them wages and additionally be probed for breaching anti-trafficking and anti-smuggling laws. 

21 days later, the workers were simply released from their involuntary retention into the custody of the employer and remain in situations of deprivation and suffering. Most remain unemployed and destitute until this day.

When several workers in March 2024 recently sought to challenge their abusive situation in the Beaks case, both workers and PSM, the support organisation assisting them on the ground, became the target of alleged physical abuse and SLAPP litigation. Again, most of the victims in this case, despite the Minister’s claims to address their plight, remain destitute and unemployed.

These cases are amongst those raised in the OHCHR communications with the Bangladeshi and Malaysian Governments, none of which have been responsed to.   

Questions over Government Inaction

Andy Hall, independent migrant worker rights specialist, today said in response to the release of the OHCHR communications: ‘The failure of the Bangladeshi and  Malaysian governments to respond to UN OHCHR within the 60 days established timeline is purely symptomatic of the lack of rule of law, ingrained impunity and systemic corruption surrounding these migrant worker issues in both countries. Both governments simply cannot respond in any meaningful way to UN agencies, including OHCHR, ILO, IOM and UNODC, as any response at this stage is unlikely to be justifiable or to make much sense. This leaves open the inference that both governments endorse the continually unbroken link between publicly funded government ministries in both countries and transnational organised crime syndicates trafficking migrant workers for forced labour.’

Hall continued: ‘There is no defense for both governments to claim in relation to the grave human rights violations that we see 100,000s of Bangladeshi workers continuing to suffer in Malaysia. After over a decade since enacting laws to combat labour trafficking in Malaysia in particular, administrative loopholes continue to be extended to private interests with the resources to influence public agencies. The Malaysian Government’s lack of transparency as to investigations, detention and prosecutions of culpable actors and inaction leave open the inference  that the government endorses the phenomenon of human trafficking. This is why I recently called for the Malaysian government to be downgraded to the lowest level, Tier 3, in the upcoming U.S. Trafficking in Persons Report 2024.’

Hall finally added: ‘Based on many years of unsuccessfully engaging the Malaysian government on these and many other similar cases of alleged human trafficking and forced labour, I conclude that a failed migrant work management and recruitment system continues to exist in the country that promotes impunity, is devoid of the rule of law and is systemically corrupt. There is little to no accountability for this dire situation, and no remediation at all of its victims.’

Simultaneously, the export overseas of Malaysian goods made using foreign workers in situations of alleged forced labour and human trafficking is negatively impacting Malaysia as trading partners reject these goods. There have been 8 recent bans between 2019 and 2024 on export of goods from Malaysia to the U.S. by the U.S. Customs and Border Protection Department (CBP).

For more information on this statement contact Andy Hall on WhatsApp +9779823486634, email andy@andyjhall.org, Twitter @atomicalandy and blog www.andyjhall.org

28th May 2024: Malaysian govt yet to respond to UN’s migrant worker abuse allegations

Original Source: Malaysiakini by Ilia Aqilah – 28th May 2024

The Malaysian government has yet to respond to a letter from a team of United Nations experts with queries on alleged abuses of Bangladeshi workers in the country.

The queries were raised by Tomoya Obokata, a UN special rapporteur on contemporary forms of slavery, including its causes and consequences, Robert McCorquodale (chair-rapporteur), Gehad Madi (special rapporteur on the human rights of migrants), and Siobhán Mullally (special rapporteur on trafficking in persons, especially women and children).

The official communication, recorded in the UN’s Office of the High Commissioner for Human Rights database, was dated March 28 with a 60-day deadline for response, which ended today.

Communications sent to #Bangladesh & #Malaysia regarding allegations of labour exploitation among Bangladeshi migrant workers are now available from our database at https://t.co/iW7gM2qKqL

Please click on my mandate (slavery) to locate them.— UN Special Rapporteur Tomoya Obokata (@TomObokata) May 27, 2024

According to the database, the Malaysian and Bangladeshi governments have yet to respond.

“We would like to bring to the attention of your Excellency’s Government, the information we have received concerning the fraudulent recruitment of migrant workers by criminal networks operating in Malaysia and countries of origin.

“Migrant workers are deceived, recruited by fake companies and obliged to pay exorbitant recruitment fees which pushes them into debt bondage,” according to the letter.

Recommendations for government

Further, the letter stated that Bangladeshi migrants had arrived in Malaysia to find no jobs as promised and eventually faced risks of arrest, detention, ill-treatment, deportation, and further exploitation.

The Malaysian government was also recommended to state measures towards resolving the highlighted issues – access to health services, food, legal and social support, the nature of assistance provided to alleged trafficking victims, and the effectiveness of measures to prevent the trafficking of migrant workers in the country.

Following the UN’s revelation about the mismanagement of Bangladeshi workers in Malaysia on April 19, the Bangladeshi government expressed their intention to meet with the Malaysian government this month to discuss migrant worker recruitment in the country.

Malaysiakini has contacted Human Resources Minister Steven Sim and Home Minister Saifuddin Nasution Ismail and is waiting for a response

Background Reading:

27th May 2024: Statement by Andy Hall, Independent Migrant Worker Rights Specialist, on today’s public release of UN OHCHR’s unanswered urgent appeal communications to the Malaysian and Bangladeshi Governments 

25th May 2024: Malaysia’s bid to revamp hiring of foreign workers through controversial BESTINET process faces pushback; activists say country’s reputation at stake

22nd May 2024: UN expert – Malaysian law enforcement mixing up human trafficking, migrant smuggling – “What steps has Malaysia taken to investigate alleged complicity of public officials in human trafficking?’’

20th May 2024 FMT: Duped Bangladeshi workers won’t impact Malaysia’s US Human trafficking report ranking, says HR Minister Sim

17th May 2024: Pengerang employer to face Labour Court in Malaysia after failing for months to pay Bangladeshi workers’ wages over RM1m (government statements and my comments included – months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)

16th May 2024: Firm that left over 700 Bangladeshi workers to dry in Pengerang facing possible prosecution (months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)

14th May 2024: FMT – Activists warn of US trafficking report downgrade for Malaysia amid UN criticism

10th 10th 2024 The Star: Malaysian Government responds to OHCHR, IOM, ILO and UNODC joint condemnation on alleged Bangaldeshi migrant worker criminal syndicate by pledging to set up special unit handling migrant workers’ grievances, says HR Minister Sim

9th May 2024: Study: 96% of Bangladeshi workers going to Malaysia fall into recruitment debt– The study also said that 82% had two or more loans and 73% of workers spent at least 50% to 100% of their monthly salary to repay recruitment debts

4th May 2024: UN agencies concerned over Bangladeshi workers stranded in Malaysia – Joint Statement of ILO, IOM and UNODC on Alleged Criminal Syndicate Trafficking Bangladeshi Workers for Forced Labour in Malaysia

24th April 2024: Address plight of duped Bangladeshi migrant workers in Malaysia in response to UN warning, govt told (more on the ongoing saga of an alleged criminal syndicate trafficking Bangladeshi migrant workers for forced labour in Malaysia)

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’

19th April 2024: UN experts sound alarm over plight of duped Bangladeshi migrants in Malaysia

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

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

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)

Daily Star 19th Apr 2024: UN experts express dismay over situation of Bangladeshi migrants in Malaysia

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’

7th April 2024: SCMP – As Malaysia’s door closes on low-paid migrant workers, companies scramble for staff (and a systemically corrupt migration management and recruitment policy, devoid of the rule of law and leading to impunity and gross exploitation, is revealed)

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)

25th March 2024: Bangladeshi workers (alleged victims of criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) claim being coerced into withdrawing police and labour complaints

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

FMT 11th Mar 2024: Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangaldeshi workers to Malaysia for forced labour, face mental health issues, says Malaysian ex-MP

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

4th March 2024 URGENT call for donations/support: joining forces with HOPE SELANGOR to fill gap in providing humanitarian aid and assistance to victims of criminal syndicate trafficking Bangladeshi workers into forced labour in Malaysia

Mar 3rd 2024: Concern on repatriation of potential trafficking and forced labour/abuse victims under Malaysian Migrant Worker Repatriation Programme Commencing 1st March 2024 (Statement by Andy Hall, Independent Migrant Worker Rights Specialist)

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

23rd Oct 2023: RESPONSE FROM THE MINISTRY OF HUMAN RESOURCES IN REGARDS TO AN ARTICLE BY MR. ANDY HALL/HR Minister – strict actions against employers who fail to comply with Malaysia’s labour and immigration laws

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

12th July 2023: excellent final offering from a 4 part account of atypical modern-day slavery, forced labour and abuse perpetrated against a group of migrant workers from Bangladesh in Malaysia, written concisely and passionately by former MP from Malaysia Charles Santiago

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

The post FMT 28th May 2024: Malaysia yet to respond to UN concerns on alleged criminal syndicate trafficking Bangladeshi migrant victims for forced labour in the country (with my full statement included) appeared first on Andy Hall.

I was shared today this Nepal Association of Foreign Employment Agencies (NAFEA) Public Notice re: RBA/IOM/FHI responsible recruitment schemes as concerns allegedly discriminatory practices and barriers in trade in recruitment services.

Andy Hall’s Comments: “I actually somewhat agree that these schemes have limited transparency and NAFEA makes an important point that I myself have raised many times with RBA, IOM and FHI also.”

Public Notice

The Nepal Association of Foreign Employment Agencies (NAFEA) hereby issues a public statement regarding discriminatory practices and barriers to trade in recruitment services promoted by the Responsible Business Alliance Responsible Recruitment Program (RBA RRP), International Organization for Migration International Recruitment Integrity System (IOM IRIS) and the Fair Hiring Initiative On the Level (FHI OTL) schemes in Nepal.

NAFEA is deeply concerned about the unjust treatment and unfair practices that have become prevalent in the Nepali recruitment sector, particularly as concerns implementation of these aforementioned schemes, which in themselves are indeed positive attempts to promote more ethical recruitment and certification of ethical recruitment practices.

While purportedly designed to promote ethical recruitment and fair labor practices, and to encourage a responsible recruitment market more generally, NAFEA and its members have in fact found these initiatives to be severely biased and discriminatory against Nepali recruitment agencies in general.

The RBA RRP, IOM IRIS and FHI OTL schemes, with the purported aim of promoting ethical recruitment practices, have effectively created barriers to trade in recruitment services that hinders the genuine and unobstructed participation of most Nepali recruitment agencies in the international labor market, particularly in countries such as Malaysia.

These schemes in effect now impose arbitrary blocks on who can participate in their certification processes and capacity building programmes, thereby impeding Nepali manpower agencies to be able compete on an equal footing with a limited number of manpower agencies engaged by these schemes, who are arbitrarily selected for participation in ways that NAFEA and it members consider to be non transparent and subjective.

It is evident that these schemes are not objective in their overall assessments of all Nepali manpower agencies ethical standards or attainments and fail to provide a level playing field for all recruitment agencies.

Instead, these schemes perpetuate a system of arbitrary exclusion and marginalization that disproportionately affects most Nepali manpower agencies, and depriving most of them of genuine and open opportunities to undertake responsible recruitment, thus perpetuating economic injustices.

NAFEA disagrees with discriminatory practices of these three so called responsible recruitment schemes and calls for the immediate review and reform of the participation and certification criteria of the RBA RRP, IOM IRIS and FHI OTL schemes to ensure fairness, transparency, and equal opportunity for all stakeholders in the Nepal recruitment industry.

NAFEA urge relevant authorities, international organizations and global supply chain actors to work together to address NAFEA’s concerns here and to ensure the establishment of a more equitable and inclusive responsible recruitment frameworks that respects the rights and dignity of all individuals involved.

NAFEA remains committed to upholding the highest standards of ethical or responsible recruitment and labour practices, and we stand in solidarity with all Nepali recruitment agencies affected by these unjust schemes. We call upon the international community to support our efforts in combating discrimination and promoting a more just and equitable recritment industry.

Megh Nath Bhurtel General secretary

Nepal Association of Foreign Employment Agencies 

Tilganga – 08, Kathmandu, Nepal. Phone No: 01-4590969/ 4594418

Background Reading:

See more: 5th Nov 2023: Information on Migrant Worker Responsible Recruitment Schemes and Certification Programmes – Where are We At Nowadays? Any Progress?

See more: Business and Human Rights Resource Centre – How can responsible recruitment of migrant workers move from rhetoric to reality? – Andy Hall.

See more: Electronics Watch – How to Remediate and Prevent Modern Slavery: Advances in Policy, Theory and Practice – Andy Hall.

See more: 1st Nov 2022: Is there any hope left for ethical recruitment certification schemes such as IOM IRIS? (Updated).

See more: 1st Nov 2022: 5 key issues that companies/brands/MSIs participating in yet another Global Forum on Responsible Recruitment.

See more: 1st Nov 2022: 5 key yet simple questions to ask those companies/brands/MSIs participating in yet another Global Forum on Respo

See more: 30th July 2019 BHRRC: How can responsible recruitment of migrant workers move from rhetoric to reality?

The post 25th March 2024: Nepal Association of Foreign Employment Agencies (NAFEA) Public Notice – RBA/IOM/FHI responsible recruitment schemes and allegedly discriminatory practices and barriers in trade in recruitment services. appeared first on Andy Hall.

Andy Hall’s comments: This is indeed a correct and accurate statement by the Plantation firms Minister. These estimated 200,000 or more surplus foreign workers in Malaysia are surely indebted (in debt bondage) and often now irregular and destitute. Many are acute victims of modern slavery, forced labour, labour exploitation or even human trafficking and victims of a criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia, with debts of often over US$4,000-$6,000 per person. They are desperate for any jobs or income they can get, to survive, to eat, to remit money to their families to pay off the extortionate and ever increasing interest on their debt from high migration related costs and fees paid to get a job in Malaysia, particularly from Bangladesh. Malaysia has got itself into a real mess here with a systemically corrupt migration management and recruitment system devoid of the rule of law and full of impunity for illegality and extortion that has led to this situation with over 200,000 surplus indebted foreign workers in destitution in the country. And of course employers are now wary of hiring such desperate workers, given their debt and destitution, as it’s hard to say in such a situation such a worker could honestly be said to have given informed consent to the terms and conditions of their new employment, especially in dirty, dangerous and demanding (3Ds) sectors of work like plantations and agriculture.

Johari Ghani says the plantation industry fears that hiring the surplus of foreign workers from other sectors may be deemed as employing them against their will.

Original source: FMT by FMT Reporters – 19th March 2024

KUALA LUMPUR: Despite the shortage of manpower, the plantation industry is wary of hiring foreign workers brought in to work in other sectors for fear these labourers would be deemed as being employed “against their will”, Johari Ghani said.

The plantation and commodities minister told the Dewan Negara that while the palm oil industry lacked almost 40,000 workers, there was a “surplus” of workers in other sectors, Bernama reported.

Johari said there was an excess of 165,497 foreign workers in the manufacturing sector, while there was an excess of 27,158 foreign workers in the services sector.

The excess of foreign workers occurred after Malaysia reopened businesses following the Covid-19 pandemic, he said.

The excess led to the government freezing the hiring quota of foreign workers for the manufacturing and services sectors.

Subsequently, a “recalibration” was carried out, with the unemployed foreign workers offered work in the plantation sector, Johari said.

“However, the plantation industry is afraid to hire (excess foreign workers) because if some of them are hired against their will, it will cause them to be deemed as forced labour,” he was quoted as saying.

Johari went on to say that the ministry is currently conducting a “pilot test” by hiring 60 local workers specialising in harvesting to change the perception of working in the plantations.

“We will train them to harvest oil palm trees and call them specialist harvesters and hopefully they can earn a salary of up to RM3,000.”

In comparing the country to Indonesia, Johari said Malaysia has a labour problem.

He said 100% of Indonesia’s workers were local and that they have harvesters with specialised skills, some of whom had earlier worked in Malaysia.

Johari said the country’s palm oil industry suffered losses of RM20 billion to RM30 billion following the labour shortage.

Background Reading:

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

SCMP 12th Mar 2024: Malaysia to slash migrant workforce amid intolerance, job scam crisis involving Bangladeshi labourers

FMT 11th Mar 2024: Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangaldeshi workers to Malaysia for forced labour, face mental health issues, says Malaysian ex-MP

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 

Malay Mail 9th Mar 2024: Activists warn rushed 31st Mar 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 March 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

5th March 2024: NCCIM urges govt to review unused foreign worker quota deadline

4th March 2024 URGENT call for donations/support: joining forces with HOPE SELANGOR to fill gap in providing humanitarian aid and assistance to victims of criminal syndicate trafficking Bangladeshi workers into forced labour in Malaysia

3rd March 2024: Concern on repatriation of potential trafficking and forced labour/abuse victims under Malaysian Migrant Worker Repatriation Programme Commencing 1st March 2024 (Statement by Andy Hall, Independent Migrant Worker Rights Specialist)

3rd March 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist

2nd March 2024 The Star: A chance for illegals to go home

2nd March 2024 The Star: Sarawak immigration extends RTK2.0 until June

EDGE 1st Mar 2024: Home Ministry moves to free up foreign workers quota, unused allocations to be cancelled from June 1

1st March 2024 FMT: 600,000 foreign workers urged to take easy exit home

1st March 2024 The Star: Use repatriation programme to return home, 600,000 illegals told

1st March 2024 MalayMail: Saifuddin reminds employers to get their foreign worker affairs in order before March 31

28th February 2024 The Star: New programme lets migrants off the hook without being prosecuted

25th February 2024 The Star: Businesses want foreign worker hiring freeze lifted

31st January 2024 NST: Govt to implement Migrant Repatriation Programme starting March

31st January 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister 

31st January 2024 FMT: Migrant repatriation programme set for March 1

31st January 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry

1st March 2024: Duped Bangladeshi worker (another victim of alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) dies while trying to go home

RTV Online 1st Mar 2024: Expatriates die without getting work in Malaysia (google translate)

27th February 2024: SCMP – Malaysian firm probed for human trafficking after 93 Bangladeshi workers found abandoned

26th February 2024: Statement by Independent Migrant Worker Rights Specialist Andy Hall on Joint KDN, KSM and MAPO Operation to Rescue More Destitute and Stranded Victims of the Alleged Criminal Syndicate Trafficking Workers from Bangladesh for Forced Labour in Malaysia (includes updated stories on the ‘Cheras’ case)

18th Februrary2024: Bangladeshis pay much higher than peers (US$4500++) to reach Malaysia job market – syndicates, impunity and systemic forced labour

8th February 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half(first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

6th February 2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

6th January 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)

5th January 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

30th December 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 Decenber 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

29th December 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

28th Decenber 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

27th December 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

26th December 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

25th December 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

22nd November 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says

9th November 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report

5th November 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

30th October 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

23rd October 2023: RESPONSE FROM THE MINISTRY OF HUMAN RESOURCES IN REGARDS TO AN ARTICLE BY MR. ANDY HALL/HR Minister – strict actions against employers who fail to comply with Malaysia’s labour and immigration laws

20th October 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)

19th October 2023: Malaysia facing huge excess of 1/4 million migrant laborers

21st September 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

20th September 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

12th July 2023: excellent final offering from a 4 part account of atypical modern-day slavery, forced labour and abuse perpetrated against a group of migrant workers from Bangladesh in Malaysia, written concisely and passionately by former MP from Malaysia Charles Santiago

10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam

11th April 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

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

The post 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? appeared first on Andy Hall.

Malaysia’s treatment of migrant workers has been stated as utterly shameful.

Original Source: FMT by K. Parkaran – 17th March 2024

Four different home and human resources ministers have come and gone in the last six years, with no end in sight to the exploitation.

Two video clips involving Bangladeshi foreign workers provided by activists to me recently made my flesh crawl. It made me wonder if some Malaysians have become so heartless in their quest for illegally gotten gains.

One clip that must have broken many a heart showed a young worker weeping uncontrollably after being informed that his father in Bangladesh had died. The dire circumstances he was in added to the emotional torture he was facing.

The country has hit a terrible low when it comes to the treatment of migrant workers, it has become a thing of utter shame.

He was among a group of about 100 workers who were left in the lurch after arriving in Malaysia with promised jobs. They had borrowed huge sums at home to pay for their journey here. Did the son’s dire predicament contribute to the heart attack that killed his father? No one knows, but that is a possibility.

Another video showed a group of workers sleeping on the floor with hardly any space for them to stretch. To make matters worse, the workers told activists they were forced to share a single toilet.

On top of that, some Malaysians recently showed their ugly and intolerant side by protesting against foreign workers living in residential areas. There were also those who were up in arms at the Penang state government’s move to build a hostel for foreign workers near their homes.

Do you expect them to be housed in a hostel built in the middle of a jungle? What have we Malaysians, once known for our great hospitality, descended into? Have we become that heartless in our quest for riches, even if obtained illegally?

Let’s get it right – Malaysia needs these workers for its economy to tick. Without them, many sectors will surely screech to a halt. It does not take a lot for Malaysians to show some respect towards these workers and treat them with dignity.

Over the last two decades we have seen the media publish story after story about the mistreatment of foreign workers in our country. Every time a new minister takes over, he promises a clean-up of the sector. Four different home and human resources ministers have come and gone in the last six years, but there appears to be no end in sight to the exploitation.

Migrant workers activist Andy Hall recently highlighted the plight of more than 100 workers being cooped up in a shophouse with just one toilet for all. They were not given the jobs promised to them by the agents from Bangladesh and Malaysia. They were in tears, with hardly anything to eat.

Luckily for them, a local NGO stepped in with food and other forms of aid to tide them for about a week or so. Like a broken record, the ministry issued a statement saying it is investigating the matter.

It has been more than two months since the incident but the government has done nothing to show that it has nabbed the culprits although records of applications and approvals issued to bring them in are easily available.

In another matter, the human resources ministry held a mediation between 733 workers and an employer in Pengerang for not paying their wages. In a statement issued on Feb 5, the ministry said an agreement had been reached for the employer to pay the workers RM1.03 million in back wages.

Strangely, the ministry did not divulge the name of the employer. This can be construed, rightly or wrongly, as the ministry protecting the company. Otherwise, why would it leave out the employer’s name – especially after describing it as a landmark case which will be used as a reference in future labour disputes?

By the way, it has been nearly six weeks since the settlement but the workers have not received any payment yet, according to Hall.

On Monday, four Bangladeshi nationals filed police reports claiming their employer has failed to provide them with jobs despite bringing them into the country more than seven months ago.

Have we become a nation of heartless slave drivers profiteering from this disgusting flesh trade? Do the lives of these poor workers not matter just because they are doing the 3D jobs – the dirty, dangerous and difficult ones – that Malaysians shun?

Does it not matter that on the international front Malaysia is being portrayed as a nation that blatantly abuses its foreign workers?

Reports and commentaries on the plight of cheated Bangladeshi workers are making headlines even outside the country.

In a scathing editorial on March 10 titled “Migrating to a life of unemployment”, the Daily Star in Bangladesh urged Malaysia to end the exploitation, and hold those responsible to account.

“We are horrified to learn that many of their lives have, indeed, changed dramatically—only for the worse. Tens of thousands of Bangladeshi men were enticed by the prospect of jobs and fair pay under relaxed recruitment policies in Malaysia, only to find themselves among the ranks of the unemployed upon arrival,” it said.

The daily said of the over 400,000 Bangladeshis who made the journey to Malaysia since the reopening of the labour market, a staggering number now find themselves facing unemployment, or are underpaid, and with mounting debts, perpetually tortured by the thought of how they are letting down their families at home.

While some have sought recourse through complaints to Malaysia’s labour department, the path to justice remains uncertain. Despite assurances from Bangladeshi authorities and promises of support from the high commission, tangible action has been elusive for those trapped in this cycle of exploitation.

One wonders what is so difficult in finding out who in the human resources ministry approved the quota for the workers requested by any particular company. Is it rocket science to trace the signature of the approving officer who was to have done due diligence before giving the approvals? Of course not. Are there big names being protected?

The name of the company is clearly printed on permits and there is no escape here. How many employers have so far been charged or convicted in court despite all documents linked to the approvals clearly showing their name? I have only heard of a handful of them.

Can you blame the people from suspecting that there must have been an element of corruption in the migrant worker recruitment approvals? Of course not! The talk out there is that the multi-million-ringgit business is so lucrative and, with politicians controlling the trade, many big names are involved.

Since being upgraded to Tier 2 of the United States’ list of trafficking in persons report last July, Malaysia has been sliding. It will not be a surprise if it is downgraded back to Tier 3 when the US announces the latest report.

Background Reading:

New Age 16th Mar 2024: Bangladeshi government must mend issues to keep Malaysia job market open

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

SCMP 12th Mar 2024: Malaysia to slash migrant workforce amid intolerance, job scam crisis involving Bangladeshi labourers

FMT 11th Mar 2024: Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangaldeshi workers to Malaysia for forced labour, face mental health issues, says Malaysian ex-MP

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 

Malay Mail 9th Mar 2024: Activists warn rushed 31st Mar 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 March 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

5th March 2024: NCCIM urges govt to review unused foreign worker quota deadline

4th March 2024 URGENT call for donations/support: joining forces with HOPE SELANGOR to fill gap in providing humanitarian aid and assistance to victims of criminal syndicate trafficking Bangladeshi workers into forced labour in Malaysia

3rd March 2024: Concern on repatriation of potential trafficking and forced labour/abuse victims under Malaysian Migrant Worker Repatriation Programme Commencing 1st March 2024 (Statement by Andy Hall, Independent Migrant Worker Rights Specialist)

3rd March 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist

2nd March 2024 The Star: A chance for illegals to go home

2nd March 2024 The Star: Sarawak immigration extends RTK2.0 until June

EDGE 1st Mar 2024: Home Ministry moves to free up foreign workers quota, unused allocations to be cancelled from June 1

1st March 2024 FMT: 600,000 foreign workers urged to take easy exit home

1st March 2024 The Star: Use repatriation programme to return home, 600,000 illegals told

1st March 2024 MalayMail: Saifuddin reminds employers to get their foreign worker affairs in order before March 31

28th February 2024 The Star: New programme lets migrants off the hook without being prosecuted

25th February 2024 The Star: Businesses want foreign worker hiring freeze lifted

31st January 2024 NST: Govt to implement Migrant Repatriation Programme starting March

31st January 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister 

31st January 2024 FMT: Migrant repatriation programme set for March 1

31st January 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry

1st March 2024: Duped Bangladeshi worker (another victim of alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) dies while trying to go home

RTV Online 1st Mar 2024: Expatriates die without getting work in Malaysia (google translate)

27th February 2024: SCMP – Malaysian firm probed for human trafficking after 93 Bangladeshi workers found abandoned

26th February 2024: Statement by Independent Migrant Worker Rights Specialist Andy Hall on Joint KDN, KSM and MAPO Operation to Rescue More Destitute and Stranded Victims of the Alleged Criminal Syndicate Trafficking Workers from Bangladesh for Forced Labour in Malaysia (includes updated stories on the ‘Cheras’ case)

18th Februrary2024: Bangladeshis pay much higher than peers (US$4500++) to reach Malaysia job market – syndicates, impunity and systemic forced labour

8th February 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half(first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

6th February 2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

6th January 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)

5th January 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

30th December 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 Decenber 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

29th December 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

28th Decenber 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

27th December 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

26th December 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

25th December 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

22nd November 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says

9th November 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report

5th November 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

30th October 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

23rd October 2023: RESPONSE FROM THE MINISTRY OF HUMAN RESOURCES IN REGARDS TO AN ARTICLE BY MR. ANDY HALL/HR Minister – strict actions against employers who fail to comply with Malaysia’s labour and immigration laws

20th October 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)

19th October 2023: Malaysia facing huge excess of 1/4 million migrant laborers

21st September 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

20th September 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

12th July 2023: excellent final offering from a 4 part account of atypical modern-day slavery, forced labour and abuse perpetrated against a group of migrant workers from Bangladesh in Malaysia, written concisely and passionately by former MP from Malaysia Charles Santiago

10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam

11th April 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

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

The post 17th March 2024: FMT – Malaysia’s treatment of migrant workers utterly shameful appeared first on Andy Hall.

The four men say they are among 161 Bangladeshis who have been without jobs since being brought to Malaysia by a construction company in October. Bangladeshi migrants filed a police report after falling victim to forced labour in Malaysia.

PETALING JAYA: Four Bangladeshi men filed police reports at the Sentul police station last night after claiming that their employer had failed to provide them with jobs despite them being in the country for more than seven months.

Original Source: FMT by Jason Thomas – 13th March 2024

The men, who said they are being housed in Chow Kit, came to Malaysia in October after being promised a monthly pay of RM1,500 to work for a construction company.

“From the first day we entered Malaysia until today, we have not been given any jobs or salary. A total of 161 workers, including us, are suffering,” they said.

“It has already been more than seven months and we are still jobless. We don’t have any money to buy food.

“All our passports are being withheld by our employer, who wants us to pay RM6,000 to get them back.”

The men were accompanied to the police station by representatives from Parti Sosialis Malaysia.

The men said several of them had raised their plight with the labour department office in Subang Jaya on Jan 4 but received no feedback for two months. They were then directed to the department’s headquarters in Putrajaya.

They said they were informed by an officer at the headquarters that their employer had been told to either send them back to Bangladesh or help them secure new employers.

They said the employer was also asked to pay the wages due to them since they entered the country in October, adding that the office is still waiting for feedback from the employer.

“We are filing a police report now as we hope the police will intervene in this matter to get our passports back from the employer,” they said.

Last month, home minister Saifuddin Nasution Ismail and human resources minister Steven Sim said that employers who withhold workers’ passports and fail to pay them wages must face legal action under the Immigration Act 1959/63 and the Employment Act 1955.

This came after FMT reported that a company in Cheras, which recruited 94 Bangladeshi workers, had failed to provide them with jobs, proper living quarters or adequate food.

Saifuddin and Sim said such companies would also face charges under the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 for failing to provide proper accommodation, and would be investigated under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

Their approval letters and remaining quotas for foreign workers meanwhile will be cancelled, and they will be blacklisted from applying for foreign workers in the future, they said.

Background Reading:

SCMP 12th Mar 2024: Malaysia to slash migrant workforce amid intolerance, job scam crisis involving Bangladeshi labourers

FMT 11th Mar 2024: Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangaldeshi workers to Malaysia for forced labour, face mental health issues, says Malaysian ex-MP

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 

Malay Mail 9th Mar 2024: Activists warn rushed 31st Mar 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 March 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

5th March 2024: NCCIM urges govt to review unused foreign worker quota deadline

4th March 2024 URGENT call for donations/support: joining forces with HOPE SELANGOR to fill gap in providing humanitarian aid and assistance to victims of criminal syndicate trafficking Bangladeshi workers into forced labour in Malaysia

3rd March 2024: Concern on repatriation of potential trafficking and forced labour/abuse victims under Malaysian Migrant Worker Repatriation Programme Commencing 1st March 2024 (Statement by Andy Hall, Independent Migrant Worker Rights Specialist)

3rd March 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist

2nd March 2024 The Star: A chance for illegals to go home

2nd March 2024 The Star: Sarawak immigration extends RTK2.0 until June

EDGE 1st Mar 2024: Home Ministry moves to free up foreign workers quota, unused allocations to be cancelled from June 1

1st March 2024 FMT: 600,000 foreign workers urged to take easy exit home

1st March 2024 The Star: Use repatriation programme to return home, 600,000 illegals told

1st March 2024 MalayMail: Saifuddin reminds employers to get their foreign worker affairs in order before March 31

28th February 2024 The Star: New programme lets migrants off the hook without being prosecuted

25th February 2024 The Star: Businesses want foreign worker hiring freeze lifted

31st January 2024 NST: Govt to implement Migrant Repatriation Programme starting March

31st January 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister 

31st January 2024 FMT: Migrant repatriation programme set for March 1

31st January 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry

1st March 2024: Duped Bangladeshi worker (another victim of alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) dies while trying to go home

RTV Online 1st Mar 2024: Expatriates die without getting work in Malaysia (google translate)

27th February 2024: SCMP – Malaysian firm probed for human trafficking after 93 Bangladeshi workers found abandoned

26th February 2024: Statement by Independent Migrant Worker Rights Specialist Andy Hall on Joint KDN, KSM and MAPO Operation to Rescue More Destitute and Stranded Victims of the Alleged Criminal Syndicate Trafficking Workers from Bangladesh for Forced Labour in Malaysia (includes updated stories on the ‘Cheras’ case)

18th Februrary2024: Bangladeshis pay much higher than peers (US$4500++) to reach Malaysia job market – syndicates, impunity and systemic forced labour

8th February 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half(first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

6th February 2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

6th January 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)

5th January 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

30th December 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 Decenber 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

29th December 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

28th Decenber 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

27th December 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

26th December 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

25th December 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

22nd November 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says

9th November 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report

5th November 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

30th October 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

23rd October 2023: RESPONSE FROM THE MINISTRY OF HUMAN RESOURCES IN REGARDS TO AN ARTICLE BY MR. ANDY HALL/HR Minister – strict actions against employers who fail to comply with Malaysia’s labour and immigration laws

20th October 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)

19th October 2023: Malaysia facing huge excess of 1/4 million migrant laborers

21st September 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

20th September 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

12th July 2023: excellent final offering from a 4 part account of atypical modern-day slavery, forced labour and abuse perpetrated against a group of migrant workers from Bangladesh in Malaysia, written concisely and passionately by former MP from Malaysia Charles Santiago

10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam

11th April 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

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

The post 13th March 2024: FMT – Bangladeshi migrants file police reports after falling victim to job scam/criminal syndicate trafficking workers from Bangladesh for forced labour in Malaysia appeared first on Andy Hall.

Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangladeshi workers to Malaysia for forced labour, face mental health issues. Former Klang MP Charles Santiago says some even die from stressed-induced ailments or suicide. Migrant workers duped into coming to Malaysia are known to suffer from mental health issues and heart attacks, says a DAP politician who actively deals with such cases.

Original Source: FMT by Sean Augustin – 11th March 2024

Charles Santiago claimed that these stress-induced mental health issues lead to migrants taking their own lives in some cases.

The former Klang MP said most of the foreign workers borrow large sums of money in their home countries, usually a sum equivalent to RM30,000, just for a chance to make a living overseas with the hope of supporting their families back home.

Some even mortgage their homes and borrow from loan sharks, he added.

“And when they come to Malaysia, they realise they cannot pay their debts because they don’t have a job here. The stress levels are massive and I don’t blame them for feeling this way,” he told FMT.

Santiago was commenting on a recent report about a Bangladeshi man who reportedly died of a heart attack in Sepang, Selangor while attempting to return home, six months after he was duped into coming to Malaysia for a non-existent job.

Duped Migrant Workers are Charged Hefty Fees

Shofiqul Islam, 33, had also endured poor living conditions, apart from having his passport withheld by the company that had supposedly brought him in.

Prior to his death, Shofiqul and 13 others sought legal recourse from the labour department but were told it could not do anything as the company involved was based in Johor Bahru. Commenting on the practice of some companies who withheld the passports of their foreign workers, Santiago said these firms did so to prevent the labourers from job-hopping.

He claimed that in some cases they would charge these foreign workers a hefty fee, between RM2,000 to RM4,000, to have their passports returned.

Santiago went on to question the labour department’s commitment in helping Shofiqul and the other 13 migrant workers over their predicament, saying that no rule says it cannot take up a case in another state.

“You can, it just requires more time to gather all the information.”

Santiago said that the human resources minister needs to wake up and “smell the burnt coffee” in the fact that the officers under his ministry were inefficient and not addressing the issue.

Daily Star 10th March 2024: Migrating to a life of unemployment

Original Source: The Daily Star – Editorial – 10th March 2024

End the exploitation, hold those responsible to account 

Back in 2022, we hailed Malaysia’s decision to reopen its labour market to Bangladeshi workers as a positive development that would change the lives of aspiring migrants in the country. We are horrified to learn that many of their lives have, indeed, changed dramatically—only for the worse. According to a recent report by this daily, tens of thousands of Bangladeshi men were enticed by the prospect of jobs and fair pay under relaxed recruitment policies in Malaysia, only to find themselves among the ranks of the unemployed upon arrival.

Take the story of Jahirul, for example, who spent Tk 5 lakh to go to Malaysia seven months ago. He was promised a job with a construction company in Kuala Lumpur and a minimum wage of 1,500 Malaysian ringgit (about Tk 35,000 or $320). However, since his arrival, he has been locked up in a hotel room with other migrant workers and given rice and lentils twice a day, without any work or pay. Jahirul said he was one of 600 others hired by the same company. With over 400,000 Bangladeshis making the journey to Malaysia since the reopening of the labour market, a staggering number now find themselves facing unemployment, underpayment, and mounting debts, perpetually tortured by the thought of how they are letting down their families at home.

The exploitation extends beyond economic hardship, with companies withholding passports and trapping workers in dependency and vulnerability, as they risk becoming illegal residents if they leave the confines of the hotel. While some have sought recourse through complaints to Malaysia’s Labour Department, the path to justice remains uncertain. Despite assurances from Bangladeshi authorities and promises of support from the high commission, tangible action has been elusive for those trapped in this cycle of exploitation.

Meanwhile, the Bangladeshi authorities do not even seem to know how many might be facing such a horrific fate in Malaysia. While some independent researchers say the number of such Bangladeshis range between 100,000 and 200,000, the Bangladesh High Commission in Malaysia and the Bangladesh Association of International Recruiting Agencies (BAIRA) say the number stands at a few thousands.

Who is to blame for this dire situation? It lies with a system that prioritises profit over human dignity, allowing unscrupulous employers and companies to exploit regulatory loopholes for financial gains. The failure to adequately regulate the influx of foreign workers has exacerbated an already precarious situation, leaving many to suffer the consequences. The companies and recruiting agents who are trapping workers with such false promises must be identified on an urgent basis before more aspiring migrants’ dreams and lives are shattered. It is imperative that both Malaysian and Bangladeshi authorities take swift and decisive actions to address this humanitarian crisis. The rights and dignity of migrant workers must be upheld, and those responsible for their exploitation must be held to account.

10th March 2024: The Daily Star – Distressed in Malaysia – Thousands of Bangladeshi migrants jobless, unpaid or underpaid 

Original Source: The Daily Star by Porimol Palma – 10th March 2024

For aspiring migrant workers in Bangladesh, Malaysia’s reopening of the labour market in 2022 for 15 source countries including Bangladesh to jumpstart its economy from the ravages of the pandemic — was a godsend.

The Southeast Asian nation had frozen recruitment from Bangladesh in September 2018 following allegations of labour exploitation and high migration costs.Figures in the Bangladesh Malaysia syndicate

Hoping to change the lives of their families for the better, tens of thousands of men borrowed lakhs to fund the migration process.

However, a rude awakening awaited the Bangladeshi migrants in Malaysia: there was no work for them. More than 400,000 Bangladeshis went to Malaysia since the reopening of the labour market, according to the Bureau of Manpower Employment and Training. In fact, Malaysia recruited the highest number of workers from Bangladesh — more than 351,000 workers only in 2023. Many of them are now jobless, unpaid or underpaid.

One such optimistic migrant was Jahirul Islam from Netrokona, who spent Tk 5 lakh to go to Malaysia seven months ago, taking advantage of the relaxed recruitment policy for foreign workers introduced by the Southeast Asian nation in January last year.

Under the special scheme, employers were allowed to hire workers based on their current needs and abilities without having to go through “hiring prerequisites and qualification quotas”.

The only requirement was that the foreign workers would be paid a minimum wage of 1,500 Malaysian ringgit (about Tk 35,000 or $320).

The 30-year-old Jahirul got a construction job at Beaks SDN BHD in Kuala Lumpur, where he would be paid the minimum monthly wage of RM 1500 that could double with overtime and other allowances.

“But there was no work and no pay. We are provided food twice a day — it’s just rice and lentils,” he told The Daily Star on March 2 over the phone from a Kuala Lumpur hotel where he and some 50 other Bangladeshis are staying.

The company hired about 600 Bangladeshis but they were not provided with any job. For a few weeks, some of them were assigned to work for other companies with lumpsum or no pay.

What is more cold-hearted is that the company is taking away the passports of foreign workers. Upon furnishing Tk 1.7-1.8 lakh, they could have their most precious identification document back. If anyone leaves the hotel, he is not allowed to return and thus becomes illegal. In other words, the foreign workers are held hostage in the hotel. Shakil Khan from Jahirul’s cohort was intrepid enough to venture out of the hotel to look for jobs. With no passport on him, he had no luck with the job hunt.

The 29-year-old from Magura has rented a room with the money his family has sent from Bangladesh by borrowing.

“I was supposed to pay back the loan I took to come here with my earnings, but I am plunging further into debt just to survive here. What could be more tragic?”

Compounding his worries is the death of his father months after he migrated to Malaysia, meaning his mother, wife and two-year son have to fend for themselves and also manage money for him. Shakil along with six others filed a complaint with Malaysia’s Labour Department and is awaiting a verdict.

“I will be undocumented if I cannot renew my work permit in the next two months,” he said.

Like Shakil and Jahirul, more than 100,000 Bangladeshis are now jobless, unpaid, underpaid and indebted in Malaysia, according to the estimates of Andy Hall, a migrant rights activist and researcher. Hall documented dozens of cases where Bangladeshi migrants were denied jobs even though they followed all the procedures. Another Kuala Lumpur-based migrant rights researcher said the number of such Bangladeshis would be around 200,000. This raises the question of who is to blame for the Bangladeshi migrant workers’ plight in Malaysia.

Researchers said numerous bogus companies applied for foreign workers taking advantage of the relaxed rules. The companies brought the foreign workers to the Malaysian shore only to make money out of the process.

Though the relaxed recruitment was for manufacturing and services sectors, many construction companies snuck in foreign workers too.

This relaxed policy led to an excess of foreign workers in the manufacturing and service sectors, according to the Malaysian home ministry.

On October 23 last year, Malaysian newspaper The Star reported that a total of 667,418 foreign workers had entered Malaysia compared to the forecast of 518,000 since the reopening of the labour market in 2022.

Officials at the Bangladesh High Commission in Malaysia and the Bangladesh Association of International Recruiting Agencies (BAIRA) also admit that there was surplus recruitment of workers and that many are unemployed.

They, however, say that the number would be a few thousand — which the independent researchers rejected.

As per the memorandum of understanding, the Malaysian government is responsible for ensuring that all workers have jobs and rights, said Ali Haider Chowdhury, secretary general of BAIRA.

“I hope the Malaysian authorities will probe the complaints and take necessary actions to put the workers in jobs.”

An official at the Bangladesh High Commission in Kuala Lumpur said the mission takes up complaints of joblessness, nonpayment or underpayment with employers.

“In case of failures, the high commission engages the Malaysian authorities for addressing the complaints,” he said on the condition of anonymity as he is not authorised to speak with media.

Jahirul though remains sceptical of the support provided by the Bangladesh mission.

The Bangladesh high commission officials visited their hotel three months back and pledged to solve the problems.

“Nothing happened since then.”

Background Reading:

Malay Mail 9th Mar 2024: Activists warn rushed 31st Mar 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 March 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

5th March 2024: NCCIM urges govt to review unused foreign worker quota deadline

4th March 2024 URGENT call for donations/support: joining forces with HOPE SELANGOR to fill gap in providing humanitarian aid and assistance to victims of criminal syndicate trafficking Bangladeshi workers into forced labour in Malaysia

3rd March 2024: Concern on repatriation of potential trafficking and forced labour/abuse victims under Malaysian Migrant Worker Repatriation Programme Commencing 1st March 2024 (Statement by Andy Hall, Independent Migrant Worker Rights Specialist)

3rd March 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist

2nd March 2024 The Star: A chance for illegals to go home

2nd March 2024 The Star: Sarawak immigration extends RTK2.0 until June

EDGE 1st Mar 2024: Home Ministry moves to free up foreign workers quota, unused allocations to be cancelled from June 1

1st March 2024 FMT: 600,000 foreign workers urged to take easy exit home

1st March 2024 The Star: Use repatriation programme to return home, 600,000 illegals told

1st March 2024 MalayMail: Saifuddin reminds employers to get their foreign worker affairs in order before March 31

28th February 2024 The Star: New programme lets migrants off the hook without being prosecuted

25th February 2024 The Star: Businesses want foreign worker hiring freeze lifted

31st January 2024 NST: Govt to implement Migrant Repatriation Programme starting March

31st January 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister 

31st January 2024 FMT: Migrant repatriation programme set for March 1

31st January 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry

1st March 2024: Duped Bangladeshi worker (another victim of alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) dies while trying to go home

RTV Online 1st Mar 2024: Expatriates die without getting work in Malaysia (google translate)

27th February 2024: SCMP – Malaysian firm probed for human trafficking after 93 Bangladeshi workers found abandoned

26th February 2024: Statement by Independent Migrant Worker Rights Specialist Andy Hall on Joint KDN, KSM and MAPO Operation to Rescue More Destitute and Stranded Victims of the Alleged Criminal Syndicate Trafficking Workers from Bangladesh for Forced Labour in Malaysia (includes updated stories on the ‘Cheras’ case)

18th Februrary2024: Bangladeshis pay much higher than peers (US$4500++) to reach Malaysia job market – syndicates, impunity and systemic forced labour

8th February 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half(first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

6th February 2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

6th January 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)

5th January 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

30th December 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 Decenber 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

29th December 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

28th Decenber 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

27th December 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

26th December 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

25th December 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

22nd November 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says

9th November 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report

5th November 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

30th October 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

23rd October 2023: RESPONSE FROM THE MINISTRY OF HUMAN RESOURCES IN REGARDS TO AN ARTICLE BY MR. ANDY HALL/HR Minister – strict actions against employers who fail to comply with Malaysia’s labour and immigration laws

20th October 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)

19th October 2023: Malaysia facing huge excess of 1/4 million migrant laborers

21st September 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

20th September 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

12th July 2023: excellent final offering from a 4 part account of atypical modern-day slavery, forced labour and abuse perpetrated against a group of migrant workers from Bangladesh in Malaysia, written concisely and passionately by former MP from Malaysia Charles Santiago

10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam

11th April 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

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

The post 11th March 2024: FMT – Duped migrant jobseekers, victims of alleged criminal syndicate trafficking Bangladeshi workers to Malaysia for forced labour, face mental health issues, says Malaysian ex-MP appeared first on Andy Hall.

104 Bangladeshi migrants are believed to have paid recruitment fees of up to RM21,700 each to secure employment in Malaysia.

Original source: FMT by Jason Thomas – 25th February 2024

PETALING JAYA: More than 100 Bangladeshi workers have been without jobs since arriving in Malaysia in November, according to migrant labour rights activist Andy Hall.

Hall said the 104 workers had paid recruitment fees of between RM19,500 and RM21,700 to secure employment in Malaysia, where they were promised good living facilities and high-paying jobs.

He said they were recruited by a construction firm in Cheras.

Three of the workers interviewed by Hall said payment of the recruitment fees had pushed them into debt bondage as they had to borrow heavily to secure the fees.

In a report Hall prepared, one worker was quoted as saying: “I am running into a huge debt.

“I am unable to pay monthly instalments which I promised when I borrowed money from different sources, and lenders are threatening my family.”

The workers said their passports were confiscated upon arrival, and they suffered physical and verbal abuse. In addition, they were subjected to death threats by the man who picked them up at the airport.

The report said the workers live in a confined space with only one toilet for over 100 workers. They received inadequate food of mostly rice, lentils and mashed potatoes, with one worker claiming not to have been given food for up to four days after asking for updates on his job situation.

“Instead of receiving the promised jobs, they are left with no work and no income. This exacerbates their situation, pushing them further into debt and sadness,” said Hall.

FMT has sought comment from the human resources ministry.

Additional Reading: 

Business Standard 18th Feb 2024: Bangladeshis pay much higher than peers (US$4500++) to reach Malaysia job market – syndicates, impunity and systemic forced labour

Malay Mail 8th Feb 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half(first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

See also: Related story – 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

See also: Malay Mail 8th Feb 2024: HR Ministry hails mediation outcome despite claims duped Bangladeshi workers were short-changed

See also: 8th February 2024: FMT – Bangladeshi workers win RM1mil in unpaid wages

See also: 7th Feb 2024: Bangla Tribune – Job trap in Malaysia, 733 Bangladeshis in salary uncertainty

See also: 6th February2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

See also: 16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

See also: 6th Jan 2024: FMT: Away from families, in debt, and jobless in a foreign land

See also: 6th Jan 2024: New Strait Times – Company that promised 171 Bangladeshi workers non-existent jobs blacklisted

See also: 5th Jan 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

See also: 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

See also: 30th Dec 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

See also: 29th Dec 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

See also: 28th Dec 2023: New Strait Times – ‘Company involved in 171 Bangladeshi migrant worker scandal not licensed to recruit’

See also: 28th Dec 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

See also: 27th Dec 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

See also: 27th Dec 2023: New Strait Times – Strict action against employers, agencies neglecting 171 Bangladeshi workers: MEF

See also: 27th Dec 2023: FMT – Bangladeshis duped over jobs are victims of human trafficking, says rights group

See also: 26th Dec 2023: FMT – Azalina wants urgent probe into 171 Bangladeshis duped over jobs

See also: 26th Dec 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

See also: 25th Dec 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

See also: 25th Dec 2023: FMT – Human resources ministry comes to the rescue of Bangladeshi workers

See also: 25th Dec 2023: FMT – Cops nab 171 foreigners protesting lack of jobs in Johor

See also: 25th Dec 2023: The Star – Foreigners march to police station to complain about agent, get hauled up by Immigration Dept instead

See also: 5th Nov 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

See also: 30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

See also: 19th Oct 2023: Malaysia facing huge excess of 1/4 million migrant laborers

See also: 21st Sep 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

See also: 20th Sep 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

The post 25th February 2024: FMT – More than 100 Bangladeshi migrants stranded in Cheras without jobs, says activist Andy Hall appeared first on Andy Hall.

Systemic issue of migrant worker unethical and extortionate recruitment practices in Saudi Arabia, this never ends. (Amazon response copied below at bottom of article)

Andy Hall’s Comments:

Do most of these major global companies (with their advisors and consultants in toe) really understand the real problem or challenges of why migrant worker recruitment is so unethical/extortionate/expensive in the first place, so as to be able to find (or at least brainstorm to find) the necessary solutions in terms of policy development and then implementation.

I still have doubts, based on my ongoing experiences.

Amazon supply chain in Malaysia face similar challenges with systemic payment of kickbacks between employers and recruitment actors meaning systemic corruption costs that workers end up shouldering.

Same across Asia and the Middle East, and into many other parts of the world too.

Some of the solutions to unethical recruitment practices are relatively easy to plan for and implement (including amongst other things ensuring open tender processes to select recruitment actors transparently, closely monitoring all financial transactions, removing unnecessary destination country actors and intermediaries) if you understand the problems in the first place to find the actual solutions that work.

Too often too many people (and companies and industry associations and consultants) still think the main problem regarding irresponsible recruitment practices stems from unethical and incompetent source country recruitment actors overcharging migrant workers, which is rarely the case.

The primary cause of irresponsible recruitment practices today generally starts and ends with destination country actors (employers/recruitment intermediaries) and their corrupt actions and behavior. And too often with brand/buyers practices contributing negatively to the overall processes too.

Remediation is important, but prevention is better.

23rd February 2024: ICIJ – Amazon pays $1.9 million to workers in Saudi Arabia harmed by labor abuses

Payments come after the International Consortium of Investigative Journalists and its media partners exposed exploitation of Asian migrant workers who labored at Amazon’s Saudi operations.

Original source: ICIJ by Pramod Acharya and Michael Hudson – 23rd February 2024

Amazon has paid $1.9 million to hundreds of current and former workers in the wake of revelations by the International Consortium of Investigative Journalists and other media partners about abuses against migrants who labored at the online retail giant’s warehouses in Saudi Arabia.

Amazon said in a statement that it paid reimbursements to more than 700 migrant workers who had been required to pay recruitment fees and other costs to secure work at the company’s distribution centers in Saudi Arabia. In announcing this action, the company said it’s committed to “fundamental human rights and the dignity of people connected to our business around the world.” Amazon said last fall that it employed nearly 1,500 permanent and seasonal workers in Saudi Arabia.

These payments came after the recruitment fees and other unfair practices were exposed by a joint media investigation by ICIJ, The Guardian, NBC News and Arab Reporters for Investigative Journalism.

All of the 54 workers from Nepal interviewed for the media partners’ investigation said that recruiting firms in their home country had required them to pay stiff fees — ranging from roughly $830 to $2,300 — as a condition for getting placed in jobs at Amazon warehouses in Saudi Arabia. Those amounts far exceed what’s allowed by Nepal’s government and run afoul of American and United Nations standards

INVESTIGATIVE REPORTING: Workers at Amazon warehouses in Saudi Arabia claim they were deceived, exploited, trappedOCT 10, 2023 

LABOR TRAFFICKING: Audits aimed at flagging labor abuses are ‘designed to fail,’ investigation findsOCT 16, 2023 

FAQSFrequently asked questions about the Trafficking Inc. investigationOCT 10, 2023 

Forty-eight of the Nepali workers added that recruiters misled them about the terms of their employment, falsely promising they would work directly for Amazon. Instead, these workers said, they ended up working for Saudi labor supply firms that placed them in short-term contract jobs at Amazon warehouses in the Arab kingdom, then siphoned away much of their wages and in some cases demanded thousands of dollars in exit fees to allow them to go back to Nepal.

The human rights group Amnesty International also issued a report on these issues. Amazon has said that its own internal monitoring system identified these problems before it became aware of the separate investigations by Amnesty and the media partners.

ICIJ and the Guardian recently talked to 40 workers from Nepal, India, Bangladesh and Pakistan who said they had received payments from Amazon or were expecting to get them soon. An Amazon spokesperson confirmed that workers from those countries had received payments and said workers from additional countries had also received reimbursements for their recruitment fees, but declined to name those countries.

“I never expected that I would get the money back,” said Bishnuman Shrestha, a Nepali laborer who worked for Amazon in Saudi Arabia from 2021 to early 2024. “I worked in Qatar and other countries before but never heard of workers getting their recruitment fees back. I never thought about it even in my dream.”

He said he received more than $1,800, which covered the amount he paid as a recruiting fee, plus interest. He told a reporter for ICIJ and the Guardian: “Keep doing this for other workers as well. It means a lot.”

The average reimbursement to the workers appears to exceed $2,500.

I never expected that I would get the money back.

— Bishnuman Shrestha, a Nepali laborer who worked for Amazon in Saudi Arabia

In its statement, Amazon said it had engaged a labor rights consulting firm to “conduct a focused assessment of foreign migrant worker issues” at two Amazon facilities in Saudi Arabia. The review, Amazon said, found multiple violations of its labor standards. Along with charging of recruitment fees, these included “substandard living accommodations, contract and wage irregularities, and delays in the resolution of worker complaints.”

The company said it has strengthened its internal controls relating to its work with labor supply firms and other “third-party” vendors, providing additional training to labor vendors and clarifying its expectations for these partner firms.

Amazon said it has also improved its communications mechanism that allows contract workers to share complaints with Amazon’s management and ensured that a Saudi labor supply firm that had provided contract laborers from Nepal was “making significant progress to improve workers’ housing.”

Update on Amazon’s response to violations of our supply chain standards involving contracted workers in the Kingdom of Saudi Arabia 

Sourced from: Amazon by Amazon Staff – 22nd February 2024

Amazon is committed to respecting internationally recognized human rights through the ethical treatment of our workforce and the people who support our entire value chain. Our long established approach codified in our Global Human Rights Principles and Supply Chain Standards, demonstrates our support for fundamental human rights and the dignity of people connected to our business around the world. We believe transparency is critical in driving continuous improvement and helping address systemic issues affecting supply chain workers. We are committed to continuously strengthening our approach over time, ensuring all individuals connected with our value chain are treated with dignity and respect.

In 2023, Amazon found violations of its Supply Chain Standards through an independent audit of a third-party licensed temporary labor agency (third-party vendor) Abdullah Fahad Al-Mutairi Co. (AFMCO) in the Kingdom of Saudi Arabia (KSA). Following these findings, similar concerns were also raised by external organizations about the treatment of AFMCO employees who support our operations in the region.

In cases when our own review, credible independent research, or employee concerns reveal findings in violation of our Supply Chain Standards, our first priority is to work with the associated third-party vendor to investigate, remediate issues, and improve conditions for contracted workers. We then implement long-term strategies and improve controls with third-party vendors to prevent recurrence and raise overall standards for those workers.Amazon believes all people who support our business deserve fundamental dignity and respect, and although contracted workers are not Amazon employees, we are equally committed to workers who support our operations through third-party vendors.
Significant progress on remediation has been made

Amazon engaged a third-party labor rights expert, Verité to conduct a focused assessment of foreign migrant worker issues and to investigate worker-paid recruitment fees at two Amazon facilities in KSA. Contracted workers employed by AFMCO were interviewed and worker-paid recruitment fees were investigated, all in support of remediating issues. Verité’s findings included violations of our Supply Chain Standards such as: worker-paid recruitment fees to obtain employment with AFMCO, substandard living accommodations, contract and wage irregularities, and delays in the resolution of worker complaints.

Through audits conducted over the past few months, Amazon has verified that AFMCO has remediated the most serious concerns, including making significant progress to improve workers’ housing. Among these changes are upgrades in living accommodations, providing lockers for personal belongings, limiting the number of occupants per room, upgrading fire safety systems, and ensuring living conditions meet our standards. We have also secured AFMCO’s commitment that after its employees cease working at Amazon, AFMCO will pay its employees in line with their contracts and will not move them to a new accommodation site that fails to meet Amazon’s standards. AFMCO also established a more robust system to enable workers to anonymously raise grievances. We’ll continue to monitor improvements and progress through ongoing site visits.

As a result of our findings with AFMCO, we conducted a deeper dive into practices of our third-party vendors throughout KSA. We found instances where contracted workers were required to pay fees, including recruitment fees and other costs, to secure employment—a violation of our Supply Chain Standards. To expedite the reimbursement process, Amazon partnered with a third-party human rights expert, Impactt Ltd., to engage directly with workers. The organization also established and independently managed a temporary helpline dedicated to addressing workers’ concerns during the reimbursement process. Amazon and Impactt worked together to establish reimbursement amounts, and manage data collection and repayment. To determine reimbursement amounts, Amazon considered key factors including the payments reported by workers, changes in historic exchange rates, compound inflation, and interest. As a result of this work, Amazon paid $1.9 million (USD) in reimbursements to over 700 contracted workers.

Amazon is committed to providing continuous education for our third-party vendors and enforcement our Supply Chain Standards. Our goal is for all of our vendors to have management systems in place that ensure safe and healthy working conditions; this includes responsible recruitment practices. While we require our vendors to bear the cost of worker-paid recruitment fees, in this case, Amazon provided the reimbursement to expedite repayment to workers impacted.
Enhanced controls to reduce the risk of recurrence implemented

Amazon supports contracted workers’ safety and prevents risk by insisting our third-party vendors uphold our Supply Chain Standards, including those outlining responsible recruitment practices and applicable laws in KSA. Efforts to enhance controls include:

• Strengthened third-party vendor contracts to clarify expectations regarding compliance with our Supply Chain Standards
• Reviewed vendors’ wage policies, including clarification that illegal wage deductions are prohibited
• Provided additional training to vendors in the region on how to implement our Supply Chain Standards, including responsible recruitment practices
• Improved our communication mechanism that enables contracted workers to share concerns directly with Amazon’s management

Committed to ongoing and continuous improvements region-wide

Amazon remains dedicated to continuously strengthening and improving protections for all contracted workers who support our business. We remain grateful to those who brought attention to this issue, and above all, appreciate the willingness of all the workers who participated throughout this process and shared their experiences. Our priority at all times is the safety and well-being of workers throughout our supply chain.

Additional Reading:

See more: 15th February 2024: Bloomberg Businessweek Feature – Andy Hall ‘Playing God’: This Labor Activist’s Relentless Emails Force Companies to Change

See more: 10th Oct 2023: McDonald’s and Amazon’s ties to alleged labor trafficking: Five key takeaways

See more: 5th March 2023: Saudi Arabia arrests ex-officials of its Dhaka embassy, Bangladeshis over visa scam

See more: 9th Oct 2023: Nepal’s migrant workers suffering ‘alarming’ rate of fertility problems

The post 23rd February 2024: ICIJ – Amazon pays $1.9 million to migrant workers in Saudi Arabia harmed by labour abuses and unethical recruitment practices appeared first on Andy Hall.

Bangladeshi workers pay the higher migration costs to secure jobs in Malaysia compared to their competitors from countries like Nepal, Indonesia, the Philippines and India due to the government’s “poor migration diplomacy”, intermediation of middlemen and syndication of recruiting agencies resulting in impunity and systemic forced labour.

Original Article: The Business Standard by Kamran Siddiqui – 17th February 2024

Last year, BOESL received demands from Malaysian for at least 10,000 workers with zero migration cost but it was only able to send around 1,000 workers.

For instance, Malaysia-bound Bangladeshi workers in manufacturing and construction currently have to pay from $4,000 to $4,500, whereas Indonesian workers in the same sectors pay between $340 and $742.

Similarly, Filipino domestic workers pay around $311, while Nepalese workers across all sectors pay between $500 and $3,000 and Indian workers pay between $1,000 and $3,000 to get employed in the south-east Asian country, according to industry insiders.

Moreover, while an Indonesian worker pays 6-10 times less than a Bangladeshi worker, they can also pay this cost in installments over a period of 7-8 months after commencing their employment.

While several major labour-sourcing countries for Malaysia have adopted a zero migration cost policy for key sectors, Bangladesh has even failed to enforce the government-fixed rates.

The actual migration cost for Malaysia-bound Bangladeshis ranges from Tk4.50 lakh to Tk5 lakh, significantly higher than the Tk79,000 set by the Ministry of Expatriate Welfare and Overseas Employment.

There are allegations that a corrupt syndicate of recruiters acted against the zero migration cost policy of the government in sending workers to Malaysia through the government agency Bangladesh Overseas Employment and Services Limited (BOESL).

Last year, BOESL received demands for at least 10,000 workers from Malaysian employers who were willing to cover all migration expenses. However, the government agency was only able to send around 1,000 workers.

BOESL officials, wishing to remain anonymous, told TBS that a syndicate of private agencies influenced Malaysian employers to suspend recruitment under the zero cost policy.

However, Mallick Anwar Hossain, managing director of BOESL, said, “Malaysian companies that previously sought recruitment have suspended their orders under the policy. If they resume the process, we will send workers.”

Through a memorandum of understanding (MoU), the Malaysian government selected only 100 out of 2,500 Bangladeshi recruiting agencies for worker recruitment, thereby facilitating the formation of the so-called “syndicate”.

Migration experts say a corrupt syndicate had lobbied in both Bangladesh and Malaysia to sign the MoU, aiming to profit from the high migration costs.

Additionally, Bangladesh’s poor migration diplomacy has weakened its position as a migrant-origin country, they say.

“There appears to be a corrupt syndicate at play,” said Professor Syeda Rozana Rashid of international relations department at Dhaka University.

She added, “Our government consistently emphasises safe, orderly, and ethical migration. However, the protection of workers’ rights and prevention of exploitation are not given the priority they deserve.”

Why this huge surge in migration cost?

Local recruiters and migration experts blamed the middlemen and syndication of agencies for the skyrocketing migration costs in Bangladesh and the resulting joblessness of workers in destination countries.

However, the agencies permitted to send workers to Malaysia blamed the employers and Malaysian authorities for displacing thousands of workers’ jobs.

Recruiters point out that none of the source countries, except Bangladesh, permitted a limited number of agencies to send workers, which is a major reason for the lack of stability in the sector.

Malaysia currently accepts foreign workers from 15 source countries: Thailand, Cambodia, Nepal, Myanmar, Laos, Vietnam, the Philippines, Pakistan, Sri Lanka, Bangladesh, Turkmenistan, Uzbekistan, Kazakhstan, India, and Indonesia.

Workers from Indonesia, Bangladesh, and Nepal account for over 70% of Malaysia’s migrant labour, with the rest coming from other countries.

Filius Yandono, secretary general of the Association of Indonesian Manpower Placement Companies, told TBS over the phone on 3 February, “Indonesia, for domestic workers going to Malaysia, renewed the MoU in April 2022, where all recruitment costs are covered by the employer. Although the MoU for formal workers has not yet been renewed, according to the Protection of Indonesian Migrant Workers Law of 2017, the recruitment costs must be borne by the employer. However, zero-cost migration has been fully implemented in the plantation and palm oil harvesting sector.”

He mentioned that all of the more than 250 registered recruiting agencies in Indonesia are allowed to send workers.

Rajendra Bhandari, president of Nepal Association of Foreign Employment Agencies, told TBS over phone on 3 February, “All of 931 registered Nepali agencies are allowed to send workers to Malaysia as per the bilateral agreement. And workers will migrate under an employers’ pay model where all costs are borne by the employers.”

The lion’s share of migration costs for Bangladeshi workers is claimed by middlemen, agents in both countries, and employers at the destination.
Meanwhile, since last year, thousands of migrants, mostly from Bangladesh and Nepal, have been left in limbo after arriving in Malaysia, where they were informed that jobs promised to them in exchange for steep recruitment fees were no longer available, reports Reuters.

Sadia International, one of the 100 selected agencies for recruiting Malaysia-bound workers, successfully sent over 2,300 workers to Malaysia, some of whom also found themselves jobless upon reaching their destination.

Shameem Ahmed Chowdhury, proprietor of Sadia International, told TBS, “If a database of prospective migrants were created instead of a broker-based system by allowing all agencies to send workers, the migration cost would be much lower. Agencies could then hire directly from the database.”

However, he blamed Malaysian employers for the joblessness of workers at the destination.

Malaysia to review bilateral labour deals

The Malaysian authorities have announced a review of bilateral labour migration agreements with all source countries, including Bangladesh, amid significant concerns about violations of workers’ rights.

Saifuddin Nasution Ismail, home minister of Malaysia, stated on 16 January that they would reassess the agreements, considering various elements such as fees, costs, contract conditions, and health, to address “exploitative practices and manpower imbalances” that have left thousands of migrant workers jobless.

However, the most pressing question remains: will Malaysia-bound workers secure their promised jobs without having to pay exorbitant migration costs?

Additionally, will the issue of selecting the number of local recruiting agencies be handed over to Bangladesh after revisiting the agreement between Dhaka and Kuala Lumpur signed in December 2021?

Ali Haidar Chowdhury, secretary general of the Bangladesh Association of International Recruiting Agencies (Baira), told TBS, “When Malaysian home minister visited Dhaka in February last year, he made the same comment that they would review the agreement. But we did not see any progress in this regard last year.”

“In the meantime, more than four lakh Bangladeshis have already gone to the country under the supervision of Malaysian authorities. Now, allegations have been raised that many of them did not get jobs. So, it is the responsibility of Malaysian authorities to ensure the jobs of all Bangladeshis as per the MoU,” he added.

Additional Reading: 

See also: Malay Mail 8th Feb 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half (first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)

See also: Related story – 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

See also: Malay Mail 8th Feb 2024: HR Ministry hails mediation outcome despite claims duped Bangladeshi workers were short-changed

See also: 8th February 2024: FMT – Bangladeshi workers win RM1mil in unpaid wages

See also: 7th Feb 2024: Bangla Tribune – Job trap in Malaysia, 733 Bangladeshis in salary uncertainty

See also: 6th February2024: Benar News – Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia

See also: 16th January 2024: FMT – 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

See also: 6th Jan 2024: FMT: Away from families, in debt, and jobless in a foreign land

See also: 6th Jan 2024: New Strait Times – Company that promised 171 Bangladeshi workers non-existent jobs blacklisted

See also: 5th Jan 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

See also: 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

See also: 30th Dec 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

See also: 29th Dec 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

See also: 28th Dec 2023: New Strait Times – ‘Company involved in 171 Bangladeshi migrant worker scandal not licensed to recruit’

See also: 28th Dec 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

See also: 27th Dec 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

See also: 27th Dec 2023: New Strait Times – Strict action against employers, agencies neglecting 171 Bangladeshi workers: MEF

See also: 27th Dec 2023: FMT – Bangladeshis duped over jobs are victims of human trafficking, says rights group

See also: 26th Dec 2023: FMT – Azalina wants urgent probe into 171 Bangladeshis duped over jobs

See also: 26th Dec 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

See also: 25th Dec 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

See also: 25th Dec 2023: FMT – Human resources ministry comes to the rescue of Bangladeshi workers

See also: 25th Dec 2023: FMT – Cops nab 171 foreigners protesting lack of jobs in Johor

See also: 25th Dec 2023: The Star – Foreigners march to police station to complain about agent, get hauled up by Immigration Dept instead

See also: 5th Nov 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

See also: 30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

See also: 19th Oct 2023: Malaysia facing huge excess of 1/4 million migrant laborers

See also: 21st Sep 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

See also: 20th Sep 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

The post 18th February 2024: Bangladeshis pay much higher than peers (US$4500+) to reach Malaysia job market – syndicates, impunity and systemic forced labour appeared first on Andy Hall.

Some civil society groups are concerned that the appointment of Datuk Seri Khairul Dzaimee Daud as secretary-general of the Ministry of Human Resources may be a poor fit as a crackdown on irregular foreign workers increases in Malaysia.

Original article at: malaymail by Syed Jaymal Zahiid – 28th January 2024

KUALA LUMPUR, Jan 28 — Some civil society groups are concerned that the appointment of Datuk Seri Khairul Dzaimee Daud as secretary-general of the Ministry of Human Resources may be a poor fit.

The former Immigration Department chief’s handling of migrants was heavily criticised by migrant rights groups and now in his new role, he will be managing migrant workers.

Andy Hall, a Nepal-based activist who tracks migrant worker issues in South-east Asia, said appointing a former official who led these raids to a key decision-making position in a ministry that overlooks the recruitment of foreign workers could send the wrong signal.

“The focus by the Malaysian Cabinet therefore needs instead to be more on genuinely addressing the root causes of why these mostly vulnerable foreign workers became irregular, why they fell out of Malaysia’s legal fold,” Hall said.

“These questions often lead to answers related to and issues linked to a dysfunctional immigration and foreign worker management system. Systemic corruption, limited rule of law, impunity, no long-term, sustainable migration management policy and importantly the inability of foreign workers to change employers, even when seriously abused or stranded in destitution.” (Article continues below CNA news post)

—-

Around 200 immigration raids conducted in Malaysian capital in first week of 2024 | Video

Malaysian authorities stepping up campaigns to flush undocumented migrants as it recalibrates its system to better regulate foreign workers intake & management. Migrant rights activists say the system is dysfunctional, plagued by corruption & in need of an overhaul.

Malaysia is ramping up efforts to crack down on undocumented migrants, as the government deliberates an action plan to curb the illegal hiring of foreign workers. In the first week of January alone, about 200 immigration raids were carried out in the capital Kuala Lumpur with hundreds, including their employers, detained. CNA’s Melissa Goh with this report.

Channel News Asia – Around 200 immigration raids conducted in Malaysian capital in first week of 2024 | Video – HERE

(Article continues from above CNA news post)

Alex Ong, the Malaysian representative of Migrant Care, a civil society group, said: “During his leadership at the department, Malaysia was in Tier 3 of the Trafficking of Persons Report,” said Alex Ong, Malaysian representative of Migrant Care, a civil society group. “That reflected weak policies and its delivery system in immigration administration.”

Countries are ranked Tier 3 if they “do not fully meet the minimum standards for the elimination of trafficking and are not making significant efforts to do so”.

The 2022 Trafficking in Persons (TIP) report stated that Malaysia continued to conflate human trafficking and migrant smuggling crimes, and did not adequately address or criminally pursue credible allegations of labour trafficking, even as it took some steps to tighten and enforce anti-trafficking laws.

Kari Johnstone, acting director of the US State Department’s trafficking office at the time, said the overwhelming majority of trafficking victims in Malaysia are migrant workers.

Activists said these workers are usually victims of recruitment fraud operated by criminal syndicates pretending to be legitimate businesses, allegedly with strong political connections to the Ministry of Human Resources and the Ministry of Home Affairs.

Both these ministries oversee the migrant workers recruitment system, which activists said have been turned into a “legitimate human trafficking” multi-billion-ringgit industry by syndicates operating behind shell companies.

The Immigration Department, which collects the levy paid by foreign workers to work in Malaysia, comes under the Home Affairs Ministry.

Government leaders have vowed to crack down on these syndicates but raids, leading to the mass arrest of thousands of migrants that activists believe are victims of fraudulent recruitment agents, have continued.

Another migrant rights activist asked if Khairul Dzaimee had the expertise to lead a ministry that is tasked to develop labour policies that go beyond just migrant worker recruitment.

“It looks like a possible ‘mismatch’ of expertise — a former security official now in a position managing labour.”

Efforts to get the Minister of Human Resources Steven Sim’s comment on these concerns were unsuccessful at the time of writing.

Background on Datuk Seri Khairul Dzaimee Daud:

August 22nd 2020 Reuters – Malaysia deports Bangladeshi man who criticised treatment of migrants in documentary

7th Feb 2023 FMT – Immigration DG defends raid on illegal settlement in Nilai

10th June 2021 Malay Mail – Health experts: Spraying migrants with disinfectant unscientific defence against Covid-19, likely to cause harm instead

8th July 2020 Malay Mail – Immigration D-G’s threat to revoke foreign nationals’ passes over negative statements ‘extreme’ but legal, say lawyers

Andy Hall’s full statement on Malaysia’s ongoing crackdown on irregular migrant workers, as requested by various local media (Andy Hall, 24th Jan 2024)

“Symbolic or politically motivated law enforcement efforts to crack down on irregular foreign workers are not what is needed at this time to actually revamp and reform Malaysia’s failing management of these foreign workers for the better. The reality is that almost all of the irregular foreign workers being arrested at this time in showcase raids across the country entered into Malaysia utilising legal channels and were not smuggled irregularly into the country. For the most part, they are not dangerous or law breaking criminals. The focus by the Malaysian Cabinet therefore needs instead to be more on genuinely addressing the route causes of why these mostly vulnerable foreign workers became irregular, why they fell out of Malaysia’s legal fold. These questions often lead to answers related to and issues linked to a dysfunctional immigration and foreign worker management system. Systemic corruption, limited rule of law, impunity, no long term, sustainable migration management policy, and importantly the inability of foreign workers to change employers, even when seriously abused or stranded in destitution. Arresting, detaining, extorting and then simply releasing (as opposed deporting) irregular foreign workers, as a political or symbolic showcase to distract or change the narrative from high ranking law enforcement officials essentially feeling the heat, given the continual exposing of their abuse and their syndicates, will not constructively assist anything at this time of absolute impunity and chaos in Malaysia’s management of foreign workers. The corrupt system of impunity and limited rule of law is the problem here, not the mostly vulnerable foreign workers.“

See more: 27th January 2024: Why Human Rights Matter to Business with Darian McBain – Interview with Andy Hall – Migrant Worker Rights Specialist

See more: 26th January 2024: UK Seasonal Worker Scheme Modern Slavery Issues: Indonesian fruit picker landed in debt bondage challenges Home Office

See also: 26th Jan 2024: ATLEU – UK government fails to protect workers from trafficking and exploitation

See also: 26th Jan 2024: ATLEU – Challenge to government’s Seasonal Worker Scheme

See also: 25th Jan 2024 Home Office: UK government survey on experiences of seasonal workers scheme confirms the exceptionally high levels of issues (confusion, fees etc) faced by Indonesian and Nepali workers in 2021/2022

See also: 24th Jan 2024: ATLEU – Seasonal worker recognised as a potential victim of trafficking

See also: 20th Jan 2024 Independent: Migrant fruit picker may have been modern slavery victim under Home Office scheme, government finds

See also: 12th Jan 2024 TBIJ: UK government ‘breaching international law’ with seasonal worker scheme, says UN envoy

See also: 2nd Dec 2023 Independent: Nepali Migrant fruit picker who ‘struggled to buy food after being underpaid by British farm’ sues employers

See more: 17th Oct 2023: Crimes Behind Global Seafood Supply Chains – Ian Urbina’s Forced Labour Investigations Into Chinese Seafood Supply Chains

See more: 10th July 2023: Allegations of forced labour and dangerous conditions at Dyson Malaysian factory

See more: 16th March 2023: Labour agencies to face supermarket scrutiny over foreign worker exploitation claims in UK seasonal worker scheme

The post 28th January 2024: Ex-Immigration DG’s appointment to Ministry of Human Resources a poor fit, say migrant rights activists, as crackdown on irregular foreign workers intensifies in Malaysia appeared first on Andy Hall.