Justice sought for 23 stranded foreign workers

Tenaganita executive director, Irene Fernandez, lodged a report with Suhakam today on the case of 23 Bangladeshi workers who were left stranded in Malaysia by their employer.

The workers have since been detained for over one month by the Immigration Department.

According to Fernandez, the Home Ministry had approved an application by Network Esquire Sdn Bhd to bring in 1,100 Bangladeshi workers.

Network Esquire obtained the workers from a Bangladesh-based workers recruitment company - Fahmi International.

Problems arose when the last batch of workers – 23 of them – were brought into the country on Feb 13 this year.

The workers had visas but were denied entry by immigration as representatives from Network Esquire did not turn up at the airport to receive them.

“Fahmi International had paid RM2,700 per worker, or a total of RM133,600 for 75 workers,” revealed Fernandez.

She added that Fahmi International then paid an addition of RM20,000 to facilitate the release of the 23 Bangladeshis who were held at the KLIA detention centre.

Despite having received the payment, Network Esquire failed to get the workers out of detention.

On March 16, Mohamad Nazri Abdul Kadir, the operations director of Network Esquire, informed the recruitment company that the Home Ministry had disallowed the workers to work.

No reasons were given by the Home Ministry even though it had approved the visas.

Employer failed to secure release of workers

“These workers has paid the full amount to work in the plantation sector,” said Irene.

She also questioned the criteria used by the Home Ministry in approving Network Esquire’s application to bring in 1,100 workers.

“What investigations and what type of verifications were done by the Home Ministry when Network Esquire only has an office and address in Kuala Lumpur without any plantation,” asked Irene.

The approval, she said, was given in 2007.

“Secondly, Network Esquire applied to make a profit, not provide jobs. They received an additional RM20,000 from Fahmi International but failed to secure the release of the workers.”

The immigration regulation calls for employers to be present before foreign workers are allowed into the country.

“Third, the company refused to accept the workers even after accepting additional money. The conditions have not been fulfilled and the workers have been cheated.”

Fernandez also revealed that the Immigration Department did not take any action against Network Esquire.

“The workers are unlawfully detained. It is the failure of the employing company in fulfilling the agreement. Why has the Immigration Department fail in their responsibility? The department has violated the rights of the workers.”

Large incoming flow of Bangladeshi workers

She called on the authorities to facilitate the immediate release of all the detained workers and also urged Network Esquire to provide jobs for the workers or repatriate the workers with full compensation.

Fernandez also raised concern over the large incoming flow of Bangladeshi workers during the current economic situation. About 400 to 500 Bangladeshi workers arrive in Malaysia daily.

Zahir Hussein, a representative of Bangladeshi-based recruitment firm Fahmi International, was also in Suhakam to relate his bad experience.

Speaking through an interpreter, Zahir stated that he received the approval documents in Bangladesh to send the workers in late 2008.

Twenty-three workers were subsequently sent. On Feb 1, 2009, Nazri confirmed that they would receive the workers. However, Nazri failed to meet the workers when they arrived in KLIA on Feb 12.

The workers remained in detention despite that Fahmi International having paid RM20,000 as requested by Nazri.

After many futile attempts at contacting the company, Zahir met Nazri on March 16, 2009. Nazri showed him a Home Ministry document disallowing Network Esquire from receiving any more workers without stating any reasons.

“We want compensation from Network Esquire and the government authorities as this has caused suffering to 100 family members in Bangladesh. I want justice,” said Zahir.

Zahir had tried various methods to resolve this issue before going to Tenaganita.

Fernandez was accompanied by K Somasundaram, assistant secretary to MTUC secretary-general G Rajasekaran.

The report was received by Suhakam commissioner Asiah Abu Samah.