International Journal of Engineering Business
and Social Science
Vol. 1 No. 03, January-February 2023, pages: 120-127
e-ISSN: 2980-4108, p-ISSN: 2980-4272
https://ijebss.ph/index.php/ijebss
120
The Urgency of Human Security in Protecting The Rights of
Migrant Workers: Case Study Indonesian Migrant Workers in
Malaysia and Hong Kong
Naeli Fitria
Department of International Relations, Universitas Pertamina, Indonesia
Email: naeli.fitria@universitaspertamina.ac.id
Submitted: 08-02-2023 Revised: 12-02-2023, Publication: 20-02-2023
Keywords
Abstract
Indonesian Migrant
Workers; Hong Kong;
Malaysia, Human
Security
It has become an undeniable phenomenon that the demand of migrant workers has
arises in this globalization era. Better condition of working has triggered people
movement to get better job and salary outside their countries. One of the major
sending and receiving region of migrant workers is Southeast Asia. Two main
destinations of Indonesian migrant workers are Hong Kong and Malaysia. It is
becoming increasingly difficult to ignore that Indonesian migrant workers often
face human rights abuses when they are working abroad, for instance, retained legal
document, exceeded working hours, human trafficking resulted in physical
violence. In Malaysia, Indonesian migrant workers mostly become the victims of
human trafficking, physical abuse and excessive working hour. Meanwhile in Hong
Kong, the violation of the rights of migrant workers are the excessive of working
hours as well as physical violence. This paper argue that Malaysia and Hong Kong
are two main countries which has shown significant differences in addressing
human rights violations. This paper seeks to remedy those problems by comparing
policy in both countries related to human rights abuses. This paper uses Human
Security concept as the conceptual framework followed by its two approaches type,
for instance, Economic Security and Personal Security. At the end, this paper
conclude that Hong Kong has implemented better law enforcement than Malaysia.
1. Introduction
The need of migrant workers particularly in the domestic sphere in some countries remain
significantly essential since it helps generate foreign exchange and boost economic productivity such as
Gross Domestic Product (GDP). In terms of sending country in Southeast Asia, Indonesia has sent migrant
workers abroad in a significant number with approximately 238.467 people in 2017 (Hamzah et al. 2020).
Indonesia has also categorized as the largest sending country. About 81.702 migrant workers has moved to
Malaysia which marked as the biggest number during 2016-2017 and followed by Hong Kong with
approximately 58.751 people who are working there (Hamzah et al. 2020). Meanwhile, negative impact
also occurs related to migrant workers well-being. Through the benefits gained from Indonesian migrant
workers contribution, violations of the human rights also occur.
In the history of migration, migrant workers have been thought as a key factor in economic
development in vast majority of countries. The arrival of migrant workers from China, India and Indonesia
became the beginning of Malaysia's growing economic history. This is also marked by the strong influence
of influx of migrant workers during the British colonial rule in Malaysia (Abdul-Aziz 2001). To date, the
need for migrant workers becomes an important part for Malaysia that run Malaysian economy.
Meanwhile, Malaysia receives its biggest migrant workers from Indonesia. Indonesia is a country
which still under Malaysia in the economic rankings in Southeast Asia (Arisman and Jaya 2020). That is
why to get a job and a more decent economic life, Indonesian migrant workers move abroad especially to
Malaysia with approximately 3% of the population. This also brings benefits to Indonesia from the foreign
exchange generated from the migrant workers (Efendi et al. 2017).
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Furthermore, below is Figure 1 which demonstrates that Indonesia has become major contributor in
sending labor migrants compared to other sending countries.
Figure 1.
Migrant workers in Malaysia by country of origin 2000-2014
Source: (ILO, 2016)
In terms of the employment sector, Indonesian workers in Malaysia are scattered into several areas of
employment. According to The Department of Labor Force Peninsular Malaysia (DLFPM), there are six
different job field, such as: horticulture, building construction, household work, assembling, farm and
services. However, those sectors are scarce in terms of labor availability (Collins 2019). Such evidence has
encouraged the Malaysian government open opportunities for foreign workers to work because due to
cheap labor especially Indonesian migrant workers.
Meanwhile, in Hong Kong, the presence of Indonesian migrant workers working as Foreign Domestic
Helpers (FDH) is increasingly recognized as an undeniable demand for Hong Kong. Interestingly, since the
70s, the majority of Indonesian migrant workers working in Hong Kong are women (Hewison 2004). Yet,
(Sönmez and Graefe 1998) argues that family as external factor has influenced greater the decision of
women to work abroad to make better living condition for their families as the last choice (Acharya et al.
2010).
As a country with the largest recipient of foreign labor especially from Indonesia, Hong Kong has a
tremendous competitive labor market system (Salt 1992). In other words, there is a preference for
Indonesian migrant workers compared to those from other countries due to their compliance to their
employers. In addition, currently Indonesia is the largest supplier of labor to Hong Kong, the majority of
them work as FDH. From 1995-2016, the number of Indonesian workers in Hong Kong rose by four times
by 44% with 154,000 workers (Bogliaccini and Wyrwich n.d.).
The Hong Kong society, which is classified mostly by the elderly, certainly needs a skilled workforce
to take care of them. Figure 2 shows that the number of elderly has increased and projected to peak in 2054.
Regarding this reason, Indonesian migrant workers who are deemed to have expertise in caring and
nurturing become very important to the people in Hong Kong (Huang, Yeoh, and Toyota 2012).
Figure 2.
Projection of elderly population aged 65 or above, 1994-2054
Source: (Legislative Council Secretariat Hong Kong, 2017)
Moreover, wage also become an important factor why Hong Kong has become a major country of
destination for Indonesian migrant workers. (Bell 2005) found that the minimum wage rate for migrant
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workers in Hong Kong even 35% higher than Singapore. Such data has shown significant pull factor for
Indonesian migrant workers to work in Hong Kong.
Notwithstanding, the role of Indonesian migrant workers on the one hand is very favorable for both
Malaysia and Hong Kong. However, it cannot be separated from the negative effects as a consequence of
the globalization and flow of migrant workers. Profits derived in the form of services and economic growth
as well as foreign exchange for Indonesia also not equal due to the death of migrant workers because of
human rights violations whose initial goal is to improve their living conditions. Thus, the discussion of
human rights violations against Indonesian migrant workers should be addressed as serious cases.
1. Human Rights Violations Against Indonesian Migrant Workers in Malaysia and Hong Kong
There are several studies that have been conducted pertaining to human rights violations against
Indonesian migrant workers in Malaysia and Hong Kong. According to (Sabates-Wheeler and Waite 2003)
there are several findings such as social protection issue provided by both countries to Indonesian migrant
workers and weak of law enforcement. However, there are also limitations of their research and study
mainly the operation of the tools/policy which related to the lack of transparency of both countries in
controlling and reporting human rights abuses even tend to allow the violations to happen.
In terms of Malaysia, this country is one of the largest importers of migrant workers in Southeast
Asia. Approximately 20% of its workforce consists of foreigners, most of whom are placed in the field of
agriculture, palm oil and domestic services (Von Braun 2008). The advantage gained by Malaysia in the
form of labor from Indonesia is not comparable with the protection provided to Indonesian migrant
workers. The contribution of Indonesian migrant workers in one hand is needed the government to
overcome unemployment, but on the other side there are many problems faced by Indonesian migrant
workers such as torture and violence (Sa 2019). In contrast, although the violations are not as numerous as
in Malaysia due to the strict regulations of Hong Kong Government to protect migrant workers.
Surprisingly, the practice of modern slavery is still happening in this one of the most prosperous Asian
countries. At least there are three main categories pertaining to human rights abuses in Malaysia and Hong
Kong:
Firstly, retained legal documents. In the cycle of Indonesian labor migration to Malaysia, there has
been violations of rights. Since the departure, these migrant workers are often dispatched by the agents.
Then when they arrived at Malaysia airport their passport was taken by the agent which resulted in their
status as undocumented migrant workers (Kassim and Zin 2011). While in Hong Kong, their documents
since the departure have been detained by agents and will be returned once they have paid their debts as a
ransom of their costs to be deployed and employed in Hong Kong (Kassim and Zin 2011).
Secondly, exceeded working hours. In Malaysia, violations of the human rights of migrant workers
especially from Indonesia also happen to those who work in the field of agriculture. Violations that occur in
the form of work practices that exceed working hours, not paid to physical violence and forced to pay some
debt as the cost of their job in Malaysia (ILO, 2016). Meanwhile, in Hong Kong, employers prefer workers
from Indonesia due to their patience and compliance. As a consequence, the dutiful nature of Indonesian
migrant workers resulted in physical violence occurring against them. Not only that, other human rights
violations that occurred that they were forcibly employed and the employers violated the limits of the
provisions of working hours. In fact, even they are forced to work whole day (Amnesty International,
2014).
Thirdly, human trafficking resulted in physical violence. Indonesian migrant workers in Malaysia
are suffering human trafficking while on their way from Indonesia to Malaysia. According to (Razak,
2012), the low level of education of unskilled migrant workers from Indonesia causes them to be unaware
of their sending process from Indonesia to Malaysia so that they become victims of trafficking and physical
abuses. This weakness also causes the presence of those who work as migrant workers in Malaysia do not
know how to report to the Indonesian embassy in Malaysia. The consequences of this resulted the embassy
did not recognize even cannot check their condition during their stay in Malaysia (Razak, 2012). On the
other hand, as a country that can be said as an advance system and society, it is unfortunate that in Hong
Kong there is still physical violence occur against foreign workers especially those who come from
Indonesia which has become the victims of human trafficking. The human trafficking crime in Hong Kong
was largely occur through agents that retained Indonesian migrant workers legal documents, provided
forcible debt to be repaid and the absence of freedom of association (Amnesty International, 2013). In
addition, (Amnesty International, 2014) stated that limited working conditions of access to information and
gather with their relatives provoke employers to be arbitrary against their workers. Especially for female
migrant workers, they are prone to physical violence even sexual violence.
1. Human Security
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The root of human security concept is based on the United Nations Charter which recognizes that an
international order based on peace and international security cannot leave fundamental aspects of human
being covering well-being, and highlights the importance of promoting security in variety of ways, for
instance, economic, social, developmental, and political aspects. Its multi-layered approach to security
underlines the well-being of human being as a vital aspect in developing and re-establishing an
international order based on democracy, peace and security (Vietti and Scribner, 2013).
The definition of human security is to protect the essentials part of human lives by enhancing human
freedoms and fulfillment. Human security is a framework to safe human being from dangerous and dire
threat and conditions in all aspects of life, for instance, political, social, environmental, economic, military
and cultural system. Human security becomes an important tool to response the complexity and
interconnectedness of threats both traditional and modern threats. It comes in several forms, such as, from
severe poverty ethnic violence, human trafficking, climate change, international terrorism and fluctuation
condition of global economy. Such form of threats needs to shift into modern international and
multisectoral collaboration in order to tackle the issues (UNOCHA, 2009)
Furthermore, Government is the main actor to protect the rights of migrant workers for their
wellbeing, dignity and survival. Human security must be applied through full respect to the principles
embodied in Charter of the United Nations. One of the main responsibilities of the Government in the
matter of human rights protection is law enforcement. They also have to be treated humanely during
working in the receiving countries. In order to covered the aspects of Human Security, at least there are two
types of Human Security namely insecurity which specifically related to the protection of human rights of
migrant workers (UNOCHA, 2009);
1. Economic Insecurity: Persistent poverty, unemployment, lack of access to credit and other economic
opportunities
2. Personal Insecurity: Physical violence in all its forms, human trafficking, child labour
a. International Migration
International migration as described by the International Organization for Migration (IOM) as the
movement of people who fly from their sending country to reside themselves either lasting or provisional in
receiving country. Since the commence of Westphalian system in international order, states began to
regulate through their policies regarding migration, notably sovereign state to manage people who are
allowed to enter and exit their territory (Vietti and Scribner, 2013).
There are several types of migration. Scholars find the distinction of the theories in international
migration into three main categories, the grand theory highlight the structural objective situations as “push”
and “pull” factors in triggering migration. In economic migration type, push factors are related to economic
situations, for instance, unemployment, low salaries or low per capita income compared to receiving
countries. Pull factors are linked to migration legislation and the labor market condition in country of
destinations. Meanwhile, the movement of people because of war or so-called involuntary displacement
would be described through factors such as severe condition of state politics or fear of civil war and human
rights abuses (Vietti and Scribner, 2013).
There are two types of migration as defined by International Organisation for Migration (IOM, 2016):
b. Regular Migration
Regular migration means “migration that occurs through recognized, authorized channels.” This
orderly type of migration is not only related to the mechanism utilized to move to another country, as
migrants able to enter into a country through official way or channel, but detect themselves in an irregular
condition after a specific period.
c. Irregular Migration
There are contested definition regarding defining the meaning of irregular migration. There is a
common term based on international agreement mentioning “irregular migrants” or “migrants in an
irregular situation/status,” or “undocumented” or “non-documented.” Such terms are to recognize those
who manage to move that are not obedient to the law of sending country, transit and receiving country.
From the point of view of transit or receiving countries, irregular migration related to entry, stay or
work in a country without official or authorized documents as requirement under immigration and labor
regulations. Additionally, from the point of view of sending country, the irregularity means, for instance,
when a migrant travel across international borders without a legal passport or travel document or does not
comply with the administrative requirements for departing from the country.
2. Materials and Methods
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This paper applied qualitative research method. Qualitative research means as a nonnumerical
investigation and reflection of observations which aims to discover unrevealed message and structure of
relationships in social science. This method undertaken words and sentences without sorting them to a
numerical format (Babbie, 2007). In addition, qualitative research also processing data by capturing real
moments, what real people state (through words, gestures and intonation), detecting certain behaviors,
scrutinizing written documents, and learning visual photographs. Such are essentials in the aspects of social
research (Neuman, 2014)
3. Results and Discussions
It is believed that globalization become a catalyst in giving more free opportunities for people
movement. Such also supported by easier way to travel such as free visa zone. Countries in the world
began to cooperate in exchanging goods, services and expert in more efficient method. However, (Martin,
2014) find that majority of the more than 230 million people who reside in other countries are suitable to
become labor migration category. International migrant workers leave their home countries and they move
to all parts of the world. However, in reality, there are several countries that are undisturbed by such kind
of migration. Some countries are become the sending countries which supply the migrant workers, some
others are become country of destinations while in the middle are the transit countries which migrant
workers seeking jobs end up at receiving countries (Martin, 2014).
Interestingly, based on history, the rights of migrant workers were codified in Philadelphia
Declaration 1944. The declaration covering points as follows (Martin, 2014);
1. Policies which related to salary and earnings, working hours and other situations of work calculated to
guarantee a fair share to all, and a minimum living wage to all workers and in need of such protection
2. Equal protection for the life and health of workers in all working fields
3. The extension of social security measures to provide basic income to all workers.
The existing policies established by Hong Kong and Malaysia can be analyzed by assessing its social
protection, law enforcement, and bilateral agreement between Indonesia and those two countries.
When it comes to social protection, Malaysia have aims to provide protection for work safety, health
insurance which covering pregnancy and old-age benefits yet not cover health services (Piper, 2000).
Meanwhile, Hong Kong do slightly more by giving free access to Indonesian migrant workers in terms of
education, healthcare and social protection as well as assuring the rights of Indonesian migrant workers is
well protected and helping the workers to have the opportunity to develop themselves through soft-skill
training during working in Hong Kong (Wijaya, Sukesi and Rosalinda, 2015). Both social protection from
the two countries applies to Indonesian migrant workers, although each country uses their own tools,
Malaysia using such as The Workmen’s Compensation Act 1952 and Social Security Act 1969 (Piper,
2000) and Hong Kong using ILO Convention 1997, ILO Convention No.189/2011 and Employment
Ordinance (Ignacio and Mejia, 2008), implications of the tools to Malaysia is Indonesian migrant workers
who obtain social security may contribute better to the economic growth of Malaysia’s ambition to become
advanced economic model (Piper, 2000). Meanwhile, in Hong Kong, Indonesian migrant workers have the
opportunity to develop themselves, especially joining weekend cooking class and gathering with other
colleagues. In addition, by complying with government regulations, agents can better monitor the existence
and activities of Indonesian migrant workers (Wijaya, Sukesi and Rosalinda, 2015).
By having those Acts that already mentioned, Malaysia has the strength such as in the case of work
accidents, the government provides protection in the form of injuries including the cost of care as long as
suffered migrant workers report themselves regarding the accidents. In addition, employers must report
working accidents affecting their workers within a maximum of 10 days, otherwise they will be penalized
up to RM5000 (Safri and Jemon, 2014). In the meantime, the strengths of Hong Kong’s social protection
are Indonesian migrant workers are treated equal as the local workers, government and agents or NGOs are
care to the situation of new migrant workers coming. They also prioritize the balance role between
Indonesian migrant workers and their employers as well as the benefits gained by both parties so that they
can carry out their duties well and obey the law (Wijaya, Sukesi and Rosalinda, 2015). However, this left
Malaysia with weak implementation regarding the social protection due to the exclusion of Indonesian
migrant workers on their policies and Hong Kong still have problem with the still weak implementation of
the policies especially unequal treatment towards Indonesian migrant worker for instance Indonesian
migrant workers' unpreparedness in Hong Kong with respect to the prevailing law and lack of socialization
regarding the law.
In relations to the above, law enforcement aspect remains urgent to eliminate human rights abuses in
both countries. Malaysia and Hong Kong have enforced the law aiming to reduce the number of
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undocumented migrant workers as well as to prevent human rights abuses against Indonesian migrant
workers. Malaysia using Immigration Act of 1959 and Malaysia’s 1994 Domestic Violence Act (Huling,
2012a) as their tools while Hong Kong utilizing Foreign Domestic Helper (FDH)’s contract and
Employment Ordinance (Justice Centre Hong Kong (JCHK), 2016). For Malaysia, implication of their
tools are migrant workers with no legal documents are subjected to be detained by the police and
immigration office (Robertson, 2008) while Hong Kong policies has affected to the strict regulations of
Hong Kong Government which also resulted in the small number of excessing working hours (Saad and
Salman, 2014). Those implications also show the strength of Hong Kong policy that obligation by the
employers to the Government rules has become stronger (Saad and Salman, 2014). However, Malaysia is
left behind in that regard due to lack of Government monitoring has triggered employers to violate
Indonesian migrant worker’s rights such as; force them to work up to 24 hours, salary cut and limited
access for them to gather and get information (Robertson, 2008).
The last aspect is bilateral agreement and international agreement. Government of Malaysia aims to
maintain good relations between the two countries, ensure attention of the Government of sending country
concerning the presence of its migrant workers in the recipient country as well as avoid the occurrence of
human rights violations against migrant workers in Malaysia (Handayani, 2014). Meanwhile, Hong Kong
policy aims to strengthen the cooperation between Indonesia and Hong Kong in terms of sending and
receiving as well as protecting Indonesian workers in Hong Kong also to strengthen the successful policies
implemented pertaining to Indonesian migrant workers welfare (Huling, 2012a). Government of Indonesia
and Malaysia have tools such as Memoranda of Understanding (MoU) in 2006 and 2011 while Hong Kong
Government obliged to ILO Convention No. 189/2011 and streamlined the role of Indonesian Consulate
General in Hong Kong to protect Indonesian migrant workers (Wijaya, Sukesi and Rosalinda, 2015). Such
tools have impact on Indonesian government was temporarily suspended the sending of migrant workers to
Malaysia due to the negative response from the Malaysian government and ongoing human rights
violations which became the weakness of the agreement itself (Handayani, 2014). This moratorium action
taken by Indonesian Government was due to International Convention on the Rights of Migrant Workers
and Members of their Families article 11 regarding prohibits slavery and servitude and forced workers
(Martin, 2014)
In contrast, agreement with Hong Kong Government through collaborative and solid cooperation
between Hong Kong Government and NGOs, Indonesian migrant workers have significant opportunities to
accelerate themselves in terms of life skills (Wijaya, Sukesi and Rosalinda, 2015).
Furthermore, according to (ILO, 2015) there are at least five human rights basis which associated
with migrant worker rights. First, acknowledgement of social, economic and cultural rights. Second, liberty
of union and assembly. Third, termination of all kinds of force labor practices. Fourth, protection to those
who suffer human rights abuses. Those four fundamental aspects must be enacted by receiving countries, in
this case, Malaysia and Hong Kong.
Three main elements such as; social protection, law enforcement and bilateral or international
agreement have considered as intertwined factors in protecting migrant workers in receiving countries. In
case of Malaysia and Hong Kong policies in addressing human rights violations against Indonesian migrant
workers, it is worth noting some similarities and differences in both countries.
In terms of similarities, both Malaysia and Hong Kong still having weak law enforcement. According
to (Appleyard, 2011), country of destinations are the most responsible safeguard for migrant workers. On
the other hand, (ILO, 2013) stated that migrant workers often suffer from lack government attention and
weak implementation of the regulations which harm their rights. (Appleyard, 2011) also argues that the
implementation of the prevail rules often clashing with the host countries political interest which can
legitimate inhumane operation. Malaysia’s domestic law such as; Immigration Act of 1959 and 1994
Domestic Violence Act have constituted the rights of workers and was noteworthy for its extensive.
However, the implementation of such regulations seems unrealistic to eliminate unilateral policies which
the effort to enforce the law without physical force still exist. In addition, the retained of migrant workers'
passports by employers resulted in Indonesian migrant workers being arrested with no documents was
eventually detained by Malaysia's voluntary neighborhood corps, RELA. This resulted in workers cannot
get free access to information and very limited in getting freedom of association with fellow workers
(Kaur, 2010). As a result of the weakness of law enforcement makes the employers can do arbitrarily to
their workers and tend not to be controlled by the authorities. Such fact absolutely violates the enforcement
itself and ignore the basic principles of labor migrant rights. Regardless the type of migrant workers, law
enforcement through physical force remains unjustified.
Moreover, the case of freedom of discrimination for Indonesian migrant workers in Malaysia needs to
be addressed critically. 1994 Malaysia’s Domestic Violence Act stipulate that “The Domestic Violence Act
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protects anyone in Malaysia and includes married women/men and children, de facto wife/husband, former
spouses, children below the age of 18, incapacitated adults who live as family members or other adults the
court may deem fit to be covered by the Act” (Malaysianbar.org, 2006). The notion “anyone” needs to be
examined further. Such though has become irrelevant since Malaysian domestic law exclude and
discriminate migrant workers to date (Huling, 2012b). Indonesian migrant workers still suffer
discrimination and simultaneously face physical outrage. There are plentiful cases pertaining to Indonesian
migrant workers who experienced beating, ironing even tortured namely Sutilah, Siti Hajar and Pujianti
(Subadi, 2010). This was a breach of Philadephia Declaration Article 16 which stated “to effective
protection by the State against violence, physical injury, threats, and intimidation, whether by public
officials or by private individuals, groups, or institution” (Martin, 2014).
Despite in some degree the operation of the regulations has been implemented accordingly, yet lack
of government control in Hong Kong still become the major barrier which result the continuity of human
rights violations by the employers. Hong Kong Government claimed that physical abuses against
Indonesian migrant workers are seldom to occur. The strict regulations of the Government not ever allow
for employers to do such brutality (Justice Centre Hong Kong, 2016). However, employers in Hong Kong
prefer workers from Indonesia due to their patience and compliance. As a consequence, the dutiful nature
of Indonesian migrant workers resulted in physical violence occurring against them. Other human rights
violations that occurred that they were forcibly employed and the employers violated the limits of the
provisions of working hours. In fact, even they are forced to work up to 24 hours (Amnesty International,
2014a).
In regard to bilateral and international agreement, both Malaysia and Hong Kong not yet ratify some
conventions. According to (Piper, 2000) Malaysia neglected to comply with ILO conventions related to
migrant workers (no. 97 and 143) as well as oblige to the MoU with Indonesian Government. This is also
in line with the ASEAN Way which undertake “non-interference” principle (Beeson, 2004). However, this
principle needs to be revisited since it leads to irresponsible task to defend the rights of Indonesian migrant
workers which should be done by Malaysian Government. It also triggered to unsuccessful law
enforcement since other country hereby Indonesia has no authority to influence the decision and responses
made by Malaysian Government.
As a country that can be said as an advance system and society, it is unfortunate that in Hong Kong
there is still physical violence occur against foreign workers especially those who come from Indonesia. In
addition, Hong Kong has not ratified ILO Convention No.189 / 2011. Such indecision action often results
in the abandonment of violence occurring against Indonesian migrant workers. (Amnesty International,
2014b) stated that limited working conditions of access to information and gather with their relatives
provoke employers to be arbitrary against their workers. Especially for female migrant workers, they are
prone to physical violence even sexual violence. Employers will not hesitate to threaten them if they make
mistakes to be returned to Indonesia by force even not paid.
Furthermore, the differences and policy gap between Malaysia and Hong Kong may vary particularly
in regard to social protection and some ratified conventions. Malaysia seems left behind in providing social
protection compared to Hong Kong. The implementation of The Workmen’s Compensation Act 1952 and
Social Security Act 1969 has shown slightly negative since those regulations restricted for migrant workers
and they are not treated equally in the same way as residents especially in regard to healthcare services.
On the other hand, Hong Kong has reflected more valuable implementation in giving social protection.
(Ryan, 2005) stated that the importance of giving awareness regarding social security as a part of migrant
worker rights should become the priority of the government in host country. Therefore, it is adequate to
what Hong Kong government together with their agents do to give space to gather and join social activities
as well as facing no discrimination in accessing healthcare and education.
4. Conclusion
Human rights abuses and the practice of modern slavery unfortunately still occur in this era. Both
Malaysia and Hong Kong as the major destinations for Indonesian migrant workers need to put at the
central of attention for Indonesian Government. By finding some similarities and differences between
Malaysia’s and Hong Kong’s policies which are substantially related to law enforcement and protection
within the countries for Indonesian migrant workers, it is worth noting that Hong Kong has shown better
implementation than Malaysia. However, improvement in terms of encouraging both countries to have
more appropriate regulations is urgently needed.
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For Malaysia, the importance of transparency on the monitoring of labor migrants needs to be
demonstrated to the Indonesian government for the immediate response towards violence to be in
particular, to improve relations with Indonesian representatives in Malaysia, both embassies and
consulates. In addition, ASEAN as a regional organisation also can push both Indonesia and Malaysia to
strict and obey the rule and set dateline for Malaysia to eliminate human rights abuses.
For Hong Kong, monitoring towards agencies and NGOs remain critical since human rights
violations often occur due to weak government control to both agencies and NGOs. Hong Kong must be
obedient to international law such as ILO Convention. In addition, the pressure from the civil society also
important to do campaign in protecting migrant workers.
5. References
Abdul-Aziz, Abdul-Rashid. 2001. “Bangladeshi Migrant Workers in Malaysia’s Construction Sector.” Asia
Pacific Population Journal 16(1):3–22.
Acharya, Dev R., Jacqueline S. Bell, Padam Simkhada, Edwin R. Van Teijlingen, and Pramod R. Regmi.
2010. “Women’s Autonomy in Household Decision-Making: A Demographic Study in Nepal.”
Reproductive Health 7(1):1–12.
Arisman, Arisman, and Ratnawati Kusuma Jaya. 2020. “Labour Migration in ASEAN: Indonesian Migrant
Workers in Johor Bahru, Malaysia.” Asian Education and Development Studies.
Bell, Daniel A. 2005. “Justice for Migrant Workers? The Case of Foreign Domestic Workers in Hong Kong
and Singapore.” Pp. 291–316 in Global Justice and the Bulwarks of Localism: Human Rights in
Context. Brill Nijhoff.
Bogliaccini, E. Terragno, and M. Wyrwich. n.d. “Sanders, M., M. Fritsch, A. Herrmann, G. Latifi, B.
Pager, L. Szerb.”
Von Braun, Joachim. 2008. Food and Financial Crises: Implications for Agriculture and the Poor. Vol. 20.
Intl Food Policy Res Inst.
Collins, Jane L. 2019. “Labor Scarcity and Ecological Change.” Pp. 19–37 in Lands at risk in the Third
World: Local-level perspectives. Routledge.
Efendi, Ferry, Timothy Ken Mackey, Mei-Chih Huang, and Ching-Min Chen. 2017. “IJEPA: Gray Area for
Health Policy and International Nurse Migration.” Nursing Ethics 24(3):313–28.
Hamzah, Intan Suria, Muhammad Ridhwan Sarifin, Muhammad Shamsinor Abdul Aziz, and Mohd Fakhrul
Azri Abdullah. 2020. “Malaysia as Attraction of International Foreign Workers.” J Crit Rev 7:2020.
Hewison, Kevin. 2004. “Thai Migrant Workers in Hong Kong.” Journal of Contemporary Asia 34(3):318–
35.
Huang, Shirlena, Brenda S. A. Yeoh, and Mika Toyota. 2012. “Caring for the Elderly: The Embodied
Labour of Migrant Care Workers in Singapore.” Global Networks 12(2):195–215.
Kassim, Azizah, and Ragayah Haji Mat Zin. 2011. Policy on Irregular Migrants in Malaysia: An Analysis
of Its Implementation and Effectiveness. PIDS Discussion Paper Series.
Sa, Thamrin. 2019. “A Study of Legal and Illegal Indonesian Migrant Workers in Malaysia and Their
Problems: Finding a Solution from the Violence and Protecting Their Rights.” International Journal
of Innovation, Creativity and Change 6(11):133–49.
Sabates-Wheeler, Rachel, and Myrtha Waite. 2003. “Migration and Social Protection: A Concept Paper.”
Institute of Development Studies, Sussex, December 1645:1980–2000.
Salt, John. 1992. “The Future of International Labor Migration.” International Migration Review
26(4):1077–1111.
Sönmez, Sevil F., and Alan R. Graefe. 1998. “Influence of Terrorism Risk on Foreign Tourism Decisions.”
Annals of Tourism Research 25(1):112–44.
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