Media Statement – 30/6/2020
Updated
End discrimination
against foreigners and migrants in Covid-19 responses
Respect for Human
Rights includes ending racism and xenophobia
We, the 41 undersigned groups and organizations urge Malaysia to end
discrimination and ethnophobia against migrant workers and foreigners including
in responses to the Covid-19 pandemic.
In the beginning of May, it was
reported that all migrant/foreign workers will be required to be screened for
Covid-19, before they be allowed to return to work in all sectors.
Recently, there was a report that
foreigners will not be allowed to use mosque/suraus.(Malay Mail, 11/6/2020)
These are practices against Human
Rights, and also that the Federal Constitution. Article 8 of the Federal
Constitution, which states, ‘(1) All persons are equal before the law and
entitled to the equal protection of the law.’ is clear that this guarantee of
equality applies to all persons, citizens or otherwise in Malaysia.
Employment Act 1955 is also
against discrimination amongst workers based on nationality, whereby section
60L(1) also states ‘(1) The Director
General may inquire into any complaint from a local employee that he is being
discriminated against in relation to a foreign employee, or from a foreign
employee that he is being discriminated against in relation to a local
employee, by his employer in respect of the terms and conditions of his
employment…’. This provision clearly captures our principle against
discrimination based on nationalities of workers, and as such the Malaysian
government’s current requirement that ONLY migrant workers, and not local
workers have to be screened and tested before being allowed to return to work
is discriminatory.
There is no rational or
reasonableness for such requirements that discriminate a certain class of
workers, as Covid-19 does not discriminate.
It is also goes against the often
mentioned Malaysian policy for testing and screening in response to the
Covid-19, which has been reiterated many times by the Director General of
Health in his daily televised reports.
On 10th June, Malaysia
reportedly had a daily testing capacity of 34,951 samples (NST, 10/6/2020), and
there are over 2 million just documented migrant workers in Malaysia, and for just
all the 2 million plus to be tested, it will take about two months plus. The
reality is that so many others, not just foreigners, that have to be screened
everyday.
The Malaysian approach, as far as
screening and testing was concerned was before a rationale ‘targeted approach’.
Persons who could have come in contact with the infected, and those showing
positive symptoms and other high risk groups like returnees from infected
countries were the focus.
Health director-general Datuk Dr
Noor Hisham Abdullah also did say that ‘…if you test everyone and then you
isolate them, that’s fine…’, but the fact of the matter, is that migrants and
everyone tested, is thereafter never isolated from the rest of the un-tested community
and there is always a risk of contact with persons who may not be Covid-19
free, which in the case of workers, will also include the other untested local
workers who work with them,‘…So that’s the next question, how often do you want
to test them?...’(Malay Mail, 14/5/2020)
Malaysia’s xenophobic response to
foreigners in Malaysia, also may negatively impact Malaysia’s moral standing to
condemn similar discriminatory practices against Malaysians now in foreign
countries – hence the ability to keep Malaysians overseas safe from Covid-19 is
affected.
Malaysia needs to act in
accordance to values, principles and human rights, especially in its response
to Covid-19 and its consequences.
Whilst today, the Federal
Constitution guarantees equality, Article 8(2), that imposes only on government
and public authorities specified anti-discrimination obligations seem to not impose
the same obligations on the private sector and other employers. In short,
others including private sector employers, may still discriminate workers
and/or people simply ‘…on the ground only of religion, race, descent, place of
birth or gender…’.
Calls for laws to impose these
anti-discrimination obligations on all, including private sector employers have
gone unheeded for far too long.
Therefore, we call on
- Malaysia to end all xenophobic and/or discriminatory policies and practices against migrant workers and foreigners in its responses to Covid-19 pandemic;
- Malaysia to amend laws and/or the Federal Constitution to extend the obligation to specifically not discriminate ‘…on the ground only of religion, race, descent, place of birth or gender…’ to all, including private sector employers;
- Malaysia to provide needed basic assistance to cope with the loss of income or employment to all persons affected by the Covid-19, including migrant workers, foreigners and the self-employed.
- Malaysia to end all xenophobic and/or discriminatory policies and practices against migrant workers and foreigners in its responses to Covid-19 pandemic;
- Malaysia to amend laws and/or the Federal Constitution to extend the obligation to specifically not discriminate ‘…on the ground only of religion, race, descent, place of birth or gender…’ to all, including private sector employers;
- Malaysia to provide needed basic assistance to cope with the loss of income or employment to all persons affected by the Covid-19, including migrant workers, foreigners and the self-employed.
Charles Hector
Adrian Pereira
For and on behalf the 41 listed below
ALIRAN
WH4C (Workers Hub For Change)
North South Initiative (NSI)
Tenaganita
SUARAM
Center for Orang Asli Concerns (COAC)
People's Service Organization (PSO), Malaysia
Saya Anak Bangsa Malaysia (SABM)
MADPET (Malaysians Against Death Penalty and Torture)
NAMM (Network of Action for Migrants in Malaysia)
National Union of Flight Attendants Malaysia (NUFAM)
Parti Sosialis Malaysia(PSM)
Penang Stop Human Trafficking Campaign
Gagasan Insan Progresif
Timber Industry Employees Union of Sarawak
Sabah Timber Industry Employees Union(STIEU)
Labour Behind the Label
International Black Women for Wages for Housework
International Domestic Workers Federation (IDWF)
Building and Wood Workers International (BWI) Asia Pacific
Region
Clean Clothes Campaign (CCC) South East Asian Coalition
Odhikar, Bangladesh
Migrant Care, Indonesia
Persatuan Pekerja Rumah Tangga Indonesia (PERTIMIG) di
Malaysia
All Arakan Students' and Youths' Congress (AASYC),
Burma/Myanmar
Rights Defenders and Promoters-HRDP in Myanmar
Radanar Ayar Association from Myanmar
Banglar Manabadhikar Suraksha Mancha(MASUM), India
Programme Against Custodial Torture & Impunity(PACTI),
India
AMMPO-SENTRO- Association of Filipino Nationalist Workers in
Malaysia
Workers Assistance Center, Inc, Philippines
China Labour Bulletin
Women of Color - Global Women’s Strike, United Kingdom
Payday Men’s Network UK
Collectif Ehique sur l’étiquette (France)
Campagna Abiti Puliti – Italy
Women Against Rape
Payday Men’s Network US
Clean Clothes Campaign International Office
Jaringan Solidariti Pekerja
Datuk Dr Ronald McCoy
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