KUALA LUMPUR: The real issues faced by migrants will be swept under the carpet if the authorities were to implement a proposed "savings scheme" that is designed to prevent overstaying.
Activists say Human Resources Minister Datuk Seri M. Saravanan's proposal ignores fundamental flaws in the system, which they believe fuel unethical and exploitative recruitment of migrant workers.
Sahabat Wanita Selangor co-founder Irene Xavier told the New Straits Times that Saravanan was attempting a "quick fix" and that his scheme would remain ineffective until the fundamental issues were resolved.
"The laws that protect migrant workers need to be amended and enacted, and there is none, in this case, for domestic workers.
"There is a host of other problems that the minister remains blind and deaf to. We need to address the issue of access to justice."
Instead of opting for an up-in-the-air savings scheme, she said, it was better to stop forced labour and ensure decent work conditions.
"This will increase the amount that goes into their (migrant workers') pockets so that they can return home even before they complete the 10-year mark."
On Aug 19, Saravanan said the ministry planned to introduce a savings scheme for foreign workers to address overstaying when their 10-year temporary working visit passes expired.
He proposed that the savings be withdrawn in their home countries after the term.
North South Initiative executive director Adrian Pereira said the government should legislate the zero recruitment fee to end debt bondage.
"Currently, migrant workers take home only a fraction of their pay due to deductions that agents and employers impose on them. The escalating cost of living has also put them in a hand-to-mouth situation."
In addition to being a problem related to forced labour, Pereira said overstaying was also about enforcement that was unfairly applied to workers rather than agents and employers.
"Debt bondage from high recruitment fees and the many illegal deductions forces migrant workers to stay back to continue working beyond the legally permitted period.
"If the government is serious about helping migrant workers with savings, it should extend the Employees Provident Fund scheme to them without prejudice.
"Withholding a portion of workers' salaries is an archaic idea that a former minister proposed, and stakeholders shot it down because it was both unethical and illegal."
He added that limiting migrant workers' stay in Malaysia to 10 years would also backfire as most would become technical specialists by that time.
"Sending them back means we have to retrain new workers and this will put an additional burden on employers.
"It would also affect the economy as employers would perpetually be sourcing or waiting for new workers."
Under the immigration regulations, he said, employers would bear the responsibility of sending migrant workers to their home countries upon the expiry of permits or passes.
The activists also pointed out the longstanding contradictions between the Human Resources Ministry's and the Home Ministry's policies on recruiting migrant workers.
This includes Indonesia's decision on July 13 to impose another freeze on its workers entering Malaysia after the Home Ministry used the Maid Online System (MOS) to recruit workers.
The MOS has been condemned and equated with human trafficking by Indonesia as it skips crucial legal provisions for workers that are enforced by the republic.
Indonesia said the memorandum of understanding (MoU) on the employment and protection of Indonesian domestic workers, inked on April 1, spelt out that the One Channel System (OCS) was the only mechanism allowed under the agreement.
On July 19, Saravanan told the Dewan Rakyat that countries were looking to integrate their systems to develop a single channel for hiring domestic workers under the OCS.
He also told the house that nothing in the MoU between Malaysia and Indonesia stated that the MOS must be scrapped.
However, snapshots of the MoU that were posted on social media suggested otherwise.
Jakarta reportedly lifted the ban on July 28.