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Ratify UN convention on migrant workers, Bar urges government

The roads travelled for work: Women migrant workers in Singapore and Malaysia - UN WOMEN GALLERY/FLICKR

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The Malaysian Bar marks International Migrants Day 2025 by reaffirming its longstanding commitment to the protection of migrants and to ensuring that all migrants in Malaysia are treated with dignity and afforded their fundamental rights.

On this occasion, the Malaysian Bar joins the global community in recognising the invaluable contributions of migrants to our cities, economy and society.

The theme for this year, ‘My Great Story: Cultures and Development’, highlights how human mobility drives growth, enriches societies and helps communities connect, adapt and support one another.

Malaysia’s economy is heavily reliant on foreign labour, particularly in key sectors such as manufacturing, construction and services. As at 30 September 2024, there were about 2.4 million active foreign workers in the country, making up around 14.6% of the total workforce.

Therefore, it is undeniable that migrants play a vital role in driving economic growth and social development, contributing as workers and students, while bringing valuable skills, experience and knowledge to the nation.

Despite their contributions, many migrants face challenges, including limited access to justice, social protections, fair employment and opportunities to fully participate in society. These challenges are further compounded by language barriers, legal complexity and limited awareness of their rights.

In recognising the indispensable role that migrant workers play in Malaysia’s socioeconomic fabric, the Malaysian Bar therefore calls on the government to take the crucial step of signing and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW), a comprehensive human rights instrument that sets global standards for the protection of migrant workers throughout the migration cycle, ie from recruitment and entry to work, family life and return.

READ MORE:  Debunking the migration myths

The international convention goes beyond regulating employment conditions alone; it enshrines fundamental rights against discrimination, arbitrary arrests and exploitation, and obliges states to ensure equal treatment with nationals in respect of remuneration and working conditions.

By ratifying the convention, Malaysia would not only affirm its commitment to human rights, but also provide a clear legal framework to strengthen the protection of migrant workers, including ensuring access to justice, fair wages, social protections and safeguards against violence and abuse.

A detailed analysis conducted by the Human Rights Commission of Malaysia (Suhakam), titled Project to Study and Analyse the Compatibility of Malaysian Laws with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families highlights specific areas where Malaysian law diverges from the standards set by the convention.

Findings from the study note that the convention incorporates protections derived from core international human rights standards, expanding non-discrimination clauses and articulating clear obligations on states to guarantee the human rights of migrant workers and their families.

To echo the final lines of the report: “ICMW if acceded by Malaysia, will assist to enhance the rights/protection in a wider aspect.”

In this spirit, the Malaysian Bar urges the government to adopt a forward-looking approach that centres on human dignity, equality and justice.

Ratification of the convention would be a landmark affirmation of Malaysia’s commitment to upholding the rights of all who live and work within its borders, ensuring that migrant workers are not only acknowledged for their contributions but also protected under the law.

READ MORE:  How can Malaysia fix its migrant labour system?

In closing, the Malaysian Bar records its appreciation to Steven Sim for the continued engagement and support during his tenure as human rights minister. We also congratulate Ramanan Ramakrishnan, the newly appointed minister, and we look forward to working constructively with him and the relevant government authorities in providing meaningful input to advance the rights and protections of migrant workers in Malaysia. – Bar

Mohamad Ezri Abdul Wahab is the president of the Malaysian Bar.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
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