Malaysia: Migrants and refugees excluded from poverty figures and neglected by policymakers

Statement at the 44th Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on extreme poverty

Thank you, Madame President; Special Rapporteur.

CIVICUS and North South Initiative welcome the strong report of the Special Rapporteur on his country visit to Malaysia, which highlights the plight of millions of people including migrants, refugees and stateless people who are systematically excluded from official poverty figures and neglected by policymakers.

We share his concern that migrant workers in Malaysia are set up for exploitation by unscrupulous recruitment agents and employers, a harsh immigration policy and a lack of enforcement of labour protections. Refugees and asylum seekers exist in extremely precarious conditions unable to work or enroll in government schools. Civil society groups have been calling for a single entity to manage migrant workers to ensure better protection of their rights and reduce the risks of them becoming victims of corruption. 

CIVICUS research has shown has that migrants and refugees in Malaysia want to participate in the societies they call home. But they continue to face barriers and restrictions in exercising their freedoms of expression, peaceful assembly and association, all but ensuring ongoing perilous and precarious conditions.

Migrant workers and refugees say that among the challenges they face in speaking out include, a lack of access to information, fear of being fired, detained or deported and harassment or intimidation. The right to assemble in the 2012 Peaceful Assembly Act does not extend to foreigners including migrant workers and refugees – in contravention of international human rights law and standards. Refugee and migrant workers also face various restrictions in exercising their freedom of association.

Since the COVID-19 pandemic emerged earlier this year there has been a crackdown on migrant workers. The UN has noted increased xenophobia and hate speech against them by individuals affiliated with the government and human rights defenders have been threatened for supporting migrants. 

We call on the government of Malaysia to immediately take steps to implement the recommendation of the special rapporteur for a comprehensive new approach to migrant and refugee policies that provides them protection, guarantees their civic freedoms and enables a route out of poverty and precarity. We also urge the government to make public the final report and recommendations by the Special Committee on Foreign Worker Management setup by the government.