"Many Burmese invest hope and money to get work permits for Malaysia, only to find themselves exploited"By VIOLET CHO / JAHO, MALAYSIA.
Credit: Irrawaddy News Magazine
“I regret coming to Malaysia,” murmured Ko Shwe. “I feel afraid here. The only thing I want now is to go home.”
A farmer from Sittwe in western Burma, Ko Shwe left his home last year after the protests against rising fuel prices sparked a national uprising. Faced with economic misery in Burma, Ko Shwe joined the thousands of Burmese—especially those from rural areas—migrating to foreign countries to earn a living. Just seven days after starting work at a factory in Kuala Lumpur, he lost his right hand while working with an electric lathe.
Hiding his injury self-consciously, Ko Shwe spoke about his plan to return to Burma after he receives some compensation from his employer. However, as his work permit has not yet been approved, he is not confident of getting anything—not even reimbursement for his hospital bill.
The ongoing economic decline in Burma has led to an outflow of laborers to neighboring countries. While Thailand has the most open market for illegal foreign labor, countries such as Malaysia provide an opportunity for workers with passports who can apply for legal employment.
However, Burmese migrant workers must invest a large amount of money—usually more than US $1,000—organizing jobs in Malaysia and paying for flights or other transportation to get there. Malaysia’s booming economy draws many foreign workers, but the reality often involves exploitation and broken dreams.
According to Latheefa Koya, a Malaysian lawyer who represents migrant workers in Malaysia, foreigners who wish to work in the country must first apply for what is known as a “calling visa.” This will allow them to work temporarily—often indefinitely—until they receive a work permit. In the meantime, their employer is obliged to pay for their health insurance, she said.
According to Malaysia’s Workmen’s Compensation Act of 1952, it is the responsibility of the employer to ensure all legal foreign workers are insured against sickness and injury. However, many Malaysian employers systematically ignore the law.
Koya said that when it comes to migrant workers, breaking the law has become “something of a habit” for employers in Malaysia.
The Workmen’s Compensation Act states that an employer must report an accident at work to the Department of Labour within 10 days of the incident. Failure to do so can incur a fine.
Other Burmese migrant workers in Malaysia find themselves bonded to an employer and working in poor conditions after paying large sums of money to arrange calling visas.
Formerly a farmer in Irrawaddy Division, Htun Htun and his friends each paid around 1.6 million kyat ($1,435) to an agency that arranges calling visas and finds work in Malaysia for Burmese. Htun Htun, 28, now works at a furniture factory in Muar, some 150 kilometers southeast of Kuala Lumpur in Johor State.
“I want to find a new job with a better salary, but I cannot as I signed a contract for three years to work in this factory,” said Htun Htun. “The wage that I receive here is very low, and I am worried that I will not be able to pay off my debt, which I borrowed from friends to come to Malaysia.”
Htun Htun stays in an overcrowded factory dormitory with 500 other Burmese, Bangladeshi and Vietnamese migrant workers. Conditions are unsanitary and uncomfortable with little access to drinking water. Their only free time is on Sundays. They do not receive paid leave, even if they are sick. The nearest hospital is relatively expensive and more than one hour’s bus ride from the factory, so it is difficult for foreign workers to obtain treatment.
Ye Min Htun, a leading member of the Kuala Lumpur-based Burma Workers’ Rights Protection Committee, said workers who come to Malaysia with calling visas are totally under the control of their employers, who frequently keep the employees’ passports to prevent them from changing jobs. Many Burmese workers face such exploitative conditions in their first Malaysian jobs that they choose to become illegal and find new work.
He said Burmese migrant workers in Malaysia are often cheated by the agencies that find work for them. When in Burma it is common for prospective migrant workers to be briefed about high salaries and easy jobs; however, after arrival in Malaysia, the reality is often completely different.
According to the International Federation of Human Rights’ March 2008 report titled “Undocumented Migrants and Refugees in Malaysia,” the Malaysian economy relies heavily on foreign workers to do what it calls the “3D jobs”—dirty, dangerous and difficult. It says the status of migrants in Malaysia is not properly managed nor planned and the government does not protect migrants from unscrupulous recruitment agencies and employers.
Burmese migrants and workers in Muar have countless stories of abuse by employers. Three months ago, Htun Htun’s friend was beaten by hired thugs from the factory for not turning up for work when he was sick.
In the Muar factory, manual workers put in long hours and are paid a minimum wage of 18 Malaysian ringgit ($5.70) per day. If a worker is off sick, the factory owner deducts 10 ringgit ($3.17) from his or her salary for each day’s leave. In addition, if the employer is dissatisfied with the quality of workmanship, money is deducted from the workers’ salaries.
“We cannot save money to send back home to our family,” said a worker from Magwe in central Burma. “We feel as if we are just working for our daily survival here.”
It’s a complaint shared by many of his compatriots in Malaysia.
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