opinion The current uproar arising from Indonesian workers either rioting or rampaging calls for constructive and long-term solutions. While we demand gratitude from the migrant workers for job opportunities in Malaysia, it is important to find out the root causes for these protests.

The continued 'adhoc-ism' in resolving problems of foreign labour in the last 15 years shows that we need to develop comprehensive policies and laws for all workers which are not merely punitive measures.

With regard to the recent riots, preliminary investigations by Tenaganita reveal that the police, in conducting urine tests, had lined up the workers and had slapped them. The workers reacted and the police used force and continued to beat up the workers. This was the last straw and the rioting began. Thus it is important to identify with an open mind the events that led to the riot and rampage.

Indonesian workers form the largest group among migrant workers in the country. They work in almost all sectors of employment, but dominate in the construction, plantation and service sectors.

More recently, Indonesians have been recruited into the manufacturing sector when the government froze recruitment of Bangladeshi workers. Indonesians also form the largest group of undocumented workers. This is understandable as Indonesia is close to Malaysia and easily accessible by boat. But what has not been addressed is how large numbers of Indonesians managed to enter into Malaysia and remain in employment.

Trafficking humans

Tenaganita and various media documentaries have exposed the trade, trafficking and smuggling of people into the country. The extent of smuggling human beings is large enough that it is almost impossible to believe that there is no involvement of enforcement agencies, especially the police and immigration officials. Tenaganita has made numerous police reports with migrants who have been trafficked but little has been done to beat this crime. Instead, further adding to the victimised migrants' woe, they are fined for being undocumented, or detained and deported.

Meanwhile, traffickers and smuggling syndicates that work hand in glove with enforcement agencies are free to intensify their trade in human beings. The question therefore is how far is corruption a cause for this situation?

Employers, recruiters and the industry in general have also benefitted from these undocumented workers. Many employers blatantly recruit undocumented workers and exploit them. Employers know that it would be the worker who would be detained and punished.

Why then do we not see employers being taken to task for this violation? The subcontracting system has also contributed to the employment of undocumented workers. It would be interesting to know how many construction workers in Cyberjaya or Putrajaya are documented workers. In this situation, once again how much has corruption sustained this violation by employers, contractors and recruiters?

Tenaganita receives complaints almost daily from migrant workers on how they have had to pay off policemen or enforcement officers to avoid being arrested. However, weaknesses in the law and the form of evidence required deter migrants from making complaints.

The reactions from the authorities have been very simple. The blame is completely on the migrant workers, and the solutions again are punitive and unjust. Why have the 69 detained migrants been deported immediately? The migrant workers have been denied the right to be heard and to defend themselves. They have been denied access to justice.

Independent inquiry

Denying migrants the right to redress will only lead to worsening abusive and exploitative conditions. This in turn will undoubtedly lead to different forms of resistance and reactions.

Migrant workers are human beings, not commodities. Unless and until we resolve the conflict and issues affecting migrant workers, social problems and various forms of resistance will continue to build.

Tenaganita since 1995 has called for a comprehensive policy on foreign labour. The government has failed in addressing the root causes. This had led to manipulation in recruitment, increase in corruption, lack of transparency and accountability, and increased vulnerability of the migrant worker. The comprehensive policy should lead to the development of a foreign workers act that will protect the rights of migrant workers as enshrined in the United Nations Convention 90 as well as the International Labour Organisation Convention 97.

We also call for an independent board of inquiry into the various incidents so that the truth would be known and this would form the framework for policy development. It is important that the migrant community's input and perspective are taken into account in policy-making and interventions.

The government has to go beyond watching the waters for inflow of illegal immigrants. It has to concretely address the trade, smuggling and trafficking of migrants into the country. The authorities are definitely aware of how the smuggling happens and the involvement of enforcement officers. However, the government has failed to address effectively issues of corruption and involvement of various persons with syndicates. Both the sending country and Malaysia must have effective bilateral agreements, and monitoring mechanisms must be established.

And let us bear in mind, we have two choices. One we do away completely with foreign labour. We then must rely on ourselves and face the consequences. But we know we are not ready to do this. Malaysians no longer want to do the 3D jobs dirty, demanding and dangerous.

Two continue to rely on foreign labour. Then we must recognise them as human beings with rights, feelings and needs. Migrant workers must be treated as equal to local workers.

IRENE FERNANDEZ is director of Tenaganita, a women's non-governmental-organisation which has been campaigning on migrant workers' rights for the past 10 years.