There is no telling just how much more the Malaysian government will go on behaving as if Malaysians are beacons of kindness and compassion. Generally, Malaysians today are an uncouth and inhumane bunch, if the recent migrant workers abuse is any indication.

One would think that the Nirmala Bonat case in 2004 would put a stop to acts of cruelty inflicted by Malaysian employers on their migrant workers, be they domestic or otherwise. But alas, Malaysians continue to display their inhumane side to the world at large.

There is little recourse left for the migrant workers except to pack their bags and return to their homeland, swearing never to step foot on Malaysian soil again.

If anyone is to wonder just how has Malaysia dealt with such acts of cruelty, the answer is a simple 'cool' approach. There was no 'emergency' approach taken by the government to put an end to these incidences and mete out justice to the victims.

The show of arrogance in dealing with issues of abused maids has rightfully placed Malaysia at the lowest level in the United States' annual "Trafficking in Persons Report". It is perhaps providence's way of jolting the 'powers that be' to reality and cautioning them of more such global shame if no effort was made to embrace compassion and kindness.

No remorse

Malaysia has to confess that it did a lousy job in adhering to the Universal Declaration of Human Rights (UDHR) when it comes to respecting people's human rights. Equally at fault is the Indonesian government for like Malaysia, it too had ratified the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw). Yet both countries failed miserably in living up to the responsibility that comes with ratifying world class conventions.

Sadly, Malaysia and her neighbour Indonesia have no remorse over having blatantly flouted such international treaties. Both countries continue to mask denial in the face of such rampant human rights abuses, that too right under their noses.

The fact that the US' annual "Trafficking in Persons Report" has downgraded Malaysia to Tier 3 is a clear sign that the Malaysian government is lagging behind in its commitment towards protecting the rights of migrant workers. Instead of condemning the report, the Malaysian government should honestly ask itself if enough has been done to safeguard the safety of foreign
workers here.

It is unfortunate that even the existence of a human rights commission like Suhakam has failed to help combat the human rights abuses in the country. Suhakam was and remains a toothless tiger, so the pressure must now be mounted on the government to reflect its accountability in protecting the migrant workers.

To pass the buck from one ministry to the other is only making a mockery of the entire system. As usual, the country lacks a dedicated and sincere politician who dares stand up and tell how the problem at hand can best be solved. Instead we had the Human Resources and Home Affairs Ministries clashing between them over the proposed Foreign Workers Bill.

Home Affairs Minister Radzi Sheikh Ahmad as usual displayed his being a typical politician when he said that there was nothing wrong in what was being proposed. Radzi's statement was prompted by the unhappiness shown by Human Resources Minister Dr Fong Chan Onn who felt there were more than enough labour laws to govern local and foreign workers in the country and there was no need for more legislation.

There is some truth in that the country has adequate laws to tackle issues concerning migrant workers. What is sorely lacking is the enforcement of these laws. What assurance is there that the proposed Foreign Workers Bill will be the panacea to the on-going problems? It is certainly hoped that this proposed bill is no knee-jerk reaction by the government in dealing with the concerns of migrant workers.

Both Fong and Radzi seem ill-informed of human rights issues because neither touched on them. The worry here was to address the complaints coming from the migrant workers and to make employers responsible for their employees. A very blase and 'illiterate' way of telling the public of how concerned the government is.

It is very rare that Malaysians get to hear of the politicians speaking of human rights abuses. Politicians who are in the power-making decision will fret over how their portfolios are being affected through interference or how their contribution to society has been overlooked. The politicians forget that like the migrant workers they too are paid to do a job, the difference being
that politicians have the law at their disposal and the migrant workers are at the mercy of a country's law.

Effective legislation

It is apparent that human rights abuses vis-a-vis migrant workers is never going to be on the top list of the government's priority cases. To say that the government is not concerned about its migrant workers plight is no act of defamation. If there had been any concern, it should have been reflected through the Nirmala Bonat case. But maybe for Malaysia it is a case of better late than never, so now the government has decided to blacklist abusive employers in teaching them and other employers a lesson.

Somehow the blacklisting action does not do justice to the act of cruelty undertaken by some employers. A more stringent punishment must be meted out. A monetary fine plus time served doing community service must also be slapped on such heartless employers besides being blacklisted for life with their names being made public.

Showing that it cares for the welfare of migrant workers is the only way the government is going to earn any respect from its people. And the caring has to come by way of instituting effective legislation and upholding the basic human rights of each individual, irrespective of what task they do to earn a living.

If Malaysia wants to make sure that it really is a caring nation, then it must start educating its people, one way or another that cruelty just like crime never pays off. As they say, charity begins at home.

Now that the US has given Malaysia the worst ranking in its failure in tackling human trafficking and looking into the plight of migrant workers, the wise move will be to take cognisance of this development and make efforts to work on this shortcoming. There is no need to counter-criticise the move by the US and exhort Malaysia's supremacy in any way.

The first step for Malaysia is to acknowledge that human rights abuse is taking place on its home turf and that Malaysian employers treat migrant workers like slaves, depriving them of their basic rights and going to the extent of using violence, verbal and physical on them.

Should the abuse of migrant workers continue as it is now, there will be little or no regard left for Malaysia from fellow nations. To claim that Malaysians are compassionate people is not enough. Malaysians must make an effort to show that they are compassionate and will harm no one.


JJ RAY started her career with a mainstream publication. A non-conformist, she soon saw the barriers that went up whenever, through her writing, she tried to make the world a home for one and all.