Monday, November 04, 2013

Migrant Workers deceived but new PKPP only for employers that 6P by government agents? others?

Again with regard to migrant workers especially the undocumented migrants, the 6P is in the news..and the new PKPP..

Well, this was a program that would allow undocumented migrants to register - and thereafter be legalized.

To conduct these registration of migrant workers, the government 'authorized' many private sector businesses/companies, whereby many of them were also recruitment agents and 'contractors for labor' 

Now, on 10/1/2012 the Government of Malaysia clearly stated that the 6P Migrant Registration & Amnesty program, which began in October 2011  was ended today(10/1/2012) - and there will be no extension.

Tempoh 6P tidak akan dilanjutkan

PUTRAJAYA 10 Jan. – Kerajaan tidak akan melanjutkan tempoh pendaftaran dan pengampunan di bawah Program Penyelesaian Menyeluruh Pekerja dan Pendatang Asing Tanpa Izin (6P) yang berakhir hari ini.

Bagaimanapun, Ketua Setiausaha Kementerian Dalam Negeri (KDN), Tan Sri Mahmood Adam berkata, secara pentadbiran proses permohonan pemutihan akan diteruskan bagi Pekerja Asing Tanpa izin (PATI) yang telah berdaftar... -
- Utusan Online, 11/1/2012, Tempoh 6P tidak akan dilanjutkan
But, there were still allegations and reports that migrant workers were still being called for the purposes of registration, one such advert that came to my notice can be found at

Well, to be fair that announcement may be about the ending of the registration process - but not necessary the process of legalizing undocumented migrants which may take some more time...

OR did they re-open the registration of undocumented migrants again... and just recently ended it again. An announcement of the Deputy Prime Minister that appeared in Malay Mail early last month seems to indicate this..

October 2, 2013
  Deputy Prime Minister Tan Sri Muhyiddin Yassin chaired the meeting which decided that the 6P programme to legitimise illegal workers will not be extended. — Picture by Saw Siow Feng 
KUALA LUMPUR, Oct 2 — The Cabinet Committee on Foreign Workers and Illegal Immigrants has decided not to extend the whitening process for employers to document their migrant workers under the ‘6P’ Programme.

The decision was made in a meeting chaired by Deputy Prime Minister Tan Sri Muhyiddin Yassin at the Parliament building here today.

The 6P programme which was initiated in October 2011 and ended last month, referred to six processes in resolving the issue of illegal foreign workers and immigrants in the country. -  Malay Mail, 2/10/2013, 6P whitening programme will not be extended

But wait, the Home Minister also did come out and say in September 2013....that 6P on again. Confusion...confusion. Did not the 6P registration of undocumented migrants with the possibility of being legalized end in January 2012, and now again it seems to have re-started for those arrested and detained. Who is going to be doing the registration this time around - the same 300 authorized agents (the private sector companies/business), or will it be done by the government directly? Did their authorization or license not expire in 2012 when the 6P ended in January 2012?

Illegal immigrants detained under the Ops 6P Bersepadu crackdown in the country will be given another chance to be legalised, said Datuk Seri Dr Ahmad Zahid Hamidi.

The Home Minister said this was in view of the country's need for foreign manpower in certain sectors.

Some 5,000 illegal immigrants have been detained since the start of the crackdown on Sunday but not all of them will deported, Dr Ahmad Zahid said.

"We will provide the facility for employers to register these workers to be re-legalised under 6P because we are considering the shortage of manpower in certain sectors, which we reckon foreign workers are needed. - The Star, 6/9/2013, Ahmad Zahid: Another chance for illegals detained under 6P crackdown
Now, this is where it gets confusing ....6P on...6P off - and so easy to cheat migrant workers and employers in these situations.... That is why there must be an Act of Parliament, Regulations/Rules that specify all details like 'how much do you pay? Who do you pay? -the Immigration Department or this 'authorized agents' of the government? And if an when 6P is to be open again - issue an ORDER (Perintah) that will be available on the Home Ministry Website and the Immigration Website... It is because of all this INEFFICIENCIES, or should we say failures, people get cheated... Why could the Immigration Department handle everything ...or some other government department? The government can always employ temporary employees to take care of all these registration, etc ... 

Authorizing private companies/businesses, some of which may be the same that have a history of cheating/abusing migrant workers - the 'agents' - and you ask them to be government agents?

Anyway, in Parliament on 30/10/2013, the Home Minister  revealed that a total of 1.3 million undocumented workers were registered during the 6P program, of which 503,000 were legalized – became documented workers. [Those not legalized would have been detained and thereafter deported] - Malaysia moving towards an end of foreign worker recruitment agencies(third parties), wanting employer to directly apply for and employ migrants [Unfortunately, they did not tell us what happened to the rest - about 800,000]

So, for the legalization of the  503,000 undocumented migrant workers that transformed these workers into documented migrant workers, it took  almost 20 months...  , and the fact that less than 40% were legalized is bad...very bad. The undocumented came out willingly with the hope of being legalized, and most of them end up being deported... [I wonder what the 503,000 did for the last 20 months when their status was 'uncertain' - did they have to resort to corruption to stay in Malaysia? Were they given temporary permits to continue to work? A lot of questions so little answers...]

Now, we have been hearing that a lot of migrant workers and also potential employers of migrant workers had been cheated by these 'government agents' or others behaving like authorized agents of the government..

So, to give justice to those employers (not the migrant workers??), the government have a new programme - a special illegal immigrant management programme (PKPP)[beginning Oct 21 2013 until Jan 20 2014]. What about those undocumented migrant workers who have been cheated??? - Should they also have the right to get justice?

Meanwhile, employers who claimed to have been cheated in the whitening process by unscrupulous agents could refer their case to the Home Ministry under a special illegal immigrant management programme (PKPP).

A statement issued by the cabinet committee said the PKPP was aimed at resolving the plight of such employers.

“The PKPP is also aimed at reducing the existing number of illegal immigrants, ensuring that laws are obeyed and public security and order are under control.

“It will be carried out jointly with Ops 6P Bersepadu. The employers are advised to submit their respective police reports made between Sept 1, 2011 and Sept 10 this year,” said the statement.

The statement said the PKPP would be carried out for three months, beginning Oct 21 until Jan 20 next year, with no further registration for illegal immigrants. — BernamaMalay Mail, 2/10/2013, 6P whitening programme will not be extended
The biggest problem with the 6P was that the government did not do it themselves, and allowed/authorized  private companies/business to act as 'government agents'. [But there no Law governing the qualification, appointed process, authority, responsibilities and duties, process of registration, liabilities, etc - hence it was all so vague, and it makes it even more difficult to hold these 'third parties' liable for anything]

Talk about money, well this Malaysian Government comes out tells us that with regard the 6P, the government did not spend or earn anything. This was a response to a question by Member of Parliament Teresa Kok who asked specifically how much was spent and how much earned. The government said that this was a 'Private Funding Initiative(PFI)" .Who funded the 6P programme? - Private Funding Initiative (PFI)? So who funded, and why?

Disturbingly, we know that there is corruption in the Immigration Department, an example of that will be conviction of the former Director General of Immigration  Former Immigration DG guilty and sentenced to six years prison and RM300,000 fine

This is an issue where we must have a Royal Commission of Inquiry...or maybe SUHAKAM should conduct a public inquiry...or maybe a Parliamentary Select Committee must be set up to investigate all the 'bungles' during the whole 6P until now - to take the persons who abused the process and migrants to justice, and more importantly to make recommendations..,

LAWS - We need laws that are clear and precise. The practice of simply giving license or making appointments like 6P Agents, Contractor For Labour, etc should be stopped. There must always be a Law, or if a law is already there for any new type of 'government agents', there must Regulations/Rules that are legally binding and will stipulate every required aspect. 

Orders(Perintah) by the Minister would be the way you start, end or reopen new periods of 6P Registration - and all this must be informed to the public. Statements made to the media is insufficient...   

Who has the power?

Prime Minister or Cabinet or Cabinet Committee or Cabinet Sub-Committee - is there any law that states this clearly...

Should it not be the Prime Minister as the head of the Executive who should be announcing decisions made by Cabinet - not some Chairman of this or that Cabinet Committee?

Is Cabinet decisions, or Prime Minister's decision legally binding or is it just 'cakap-cakap' sahaja - Maybe all Cabinet Decisions or PM Decisions should be at the very least gazetted before it has the force of law and becomes operational. And all these should be available in the Prime Minister's Department website, easily accessed to the public...


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