Advocating for the Rights of Migrant Workers in Malaysia

A Capacity Building Program for Civil Society

March – December 2017

PARTICIPANT BIOGRAPHIES[1]

Nasrikah Sarah Paidin (Female), SERANTAU - Chairperson

Nasrikah is the Chairwoman of SERANTAU Community, which aims to network migrant workers in the Indonesian community and is supported by the Indonesian Embassy. She has assisted in establishing channels of information and knowledge of the rights of migrant workers through communities, and formulated training material to strengthen information management capacity.

Nasrikahhopes to obtain a deeper knowledge about the international and domestic legal standards on migrant workers rights. She hopes to develop skills in networking, and advocacy which will assist in promoting awareness of the rights of migrant workers.Nasrikahbelieves that the biggest challenge facing migrant workers is access to information, regulations and policies.

Samantha Yin Xin Chong (Female), Thong Seng Kong & Associates - Associate

Samanthais a Legal Associate at Thong Seng Kong & Associates, Head of the Legal Aid Centre (Kuala Lumpur), a community outreach program. She is a member of the Bar Council for Migrants, Refugees and Immigration Affairs Committee, and the Bar Council National Legal Aid Foundation. As an active member of the Bar Council National Legal Aid Foundations, she has trained lawyers wishing to participate in government funded legal aid schemes. She has also played a leading role in disseminating legal knowledge to the community through her management role in the Bar Council Legal Aid Centre. As the deputy public prosecutor in the Attorney- General’s Chambers, Samanthahas experience in prosecuting immigration cases. In her current role, she has found herself defending the rights of migrant workers that have been arrested with or without documentation. Samanthabelieves the biggest challenge facing migrant workers and their families is the enforcement agencies; in particular, the Royal Malaysia Police, prosecutors and judges and their insensitive sentiments about the situation of migrant workers. The program will provide an opportunity to network with fellow participants who are passionate about better legal representation and law reform in the area of migrant workers.

Muhamad Izwan Ishak (Male), Messrs Ana Shahrana Annuar & Co. - Legal Assistant

Izwan is a Legal Assistant at Messrs Ana Shahrana Annuar & Co and has, in this role, handled litigation cases mainly in the area of criminal law. He has presented a paper, “Human Rights: An insight to criminal justice system in Malaysia” at an international conference in April 2015. Izwanhas some experience in dealing with migrant workers, having previously been a part of Malaysian Legal Aid and assisted a client who was detained illegally by the Immigration Department. Although at present, Izwandoes not have any specific cases relating to migrant workers, he believes that the legal issues which face migrant workers are often neglected. He hopes that he will gain a more comprehensive knowledge on the legal issues affecting migrant workers internationally but also domestically in Malaysia.

Diana Carol Kurisunkal (Female), Ministry to Migrants - Volunteer

Diana is a Volunteer with the Ministry to Migrants, a pastoral outreach organisation under the Catholic Church in Kuching. In her role with the Ministry to Migrants, she has organised and facilitated a range of activities and services with and for migrant workers. Diana is also a volunteer with the Sarawak Women for Women Society, a non-governmental women’s organisation, where she is part of the Anti-Trafficking Program. Some of the activities that she has assisted in include: coordination in the rescue of trafficked persons; assistance in the shelter and repatriation stages and coordination with various agencies for the re-integration process of trafficked people. Diana hopes to build a more comprehensive knowledge of administrative policies and practices relating to migrant workers in Malaysia and countries of origin and increase her confidence and ability to identify potential cases involving abuse of migrant workers’ rights and to build networks with other NGOs and with the diplomatic missions of countries of origin. Diana believes the biggest challenge to the protection of the rights of migrant workers and their families is the lack of political will to implement policies which respect the fundamental rights, dignity and needs of these workers, their families and children.

Vaishna Santhar (Female), Women’s Aid Organisation - Training Officer

Vaishna is a Training Officer at the Women’s Aid Organisation. She facilitates and plans training workshopsfor stakeholders. She has previously worked at Shaki Women’s Refuge in Wellington, New Zealand where she was first exposed to the effects of domestic violence upon minority ethnic groups which included refugees and migrant workers. She has also worked at Tenaganita where she handled casework of domestic workers and coordinated a human rights campaign for domestic workers in Malaysia. She subsequently had a position with the International Rescue Committee where she did screenings of resettlement cases of refugees in Malaysia. Vaishnais currently working on creating a workshop for women in plantations, who are mostly migrant workers. She believes, that the greatest challenges facing migrant workers and their rights, is lack of awareness of their rights and of the legal support and services available to them. She hopes to learn about the rights of migrant workers in Malaysia as well as the legal protection and services that migrant workers have access to. She also wishes to understand the responsibility and role that other stakeholders such as countries of origin, the Malaysian government, policy makers and employers play in the dynamics of enforcing the rights of migrant workers.

Selvaraja Chinniah (Male), CR Selva Advocate & Solicitors –Lawyer

CR Selva is a Lawyer at CR Selva Advocate &Solicitors and represents clients in cases involving employers of migrant workers, as well as general civil and criminal cases. He has 25 years of experience within the Malaysian Immigration Department and was previously the Head of International Affairs. During his years with the Enforcement Division of the Immigration Department, CR Selva dealt with a wide range of immigration issues involving local and foreign employers, including possession of fraudulent Passes and Visas, internal travel documents and passports. As a Country Negotiator in the Free Trade Agreement (FTA) on Movements of Natural Persons in collaboration with the Ministry of Trade and Industry, CR Selva has experience working with a multitude of foreign bodies, both government and private. CR Selva holds a Certificate and Diploma in Public Relations (IPRM), and is in the process of finalising his PhD in Human Trafficking and Fraudulent Documents at the National University of Malaysia. CR Selva hopes to gain a holistic understanding of legal issues affecting migrant workers both internationally and domestically during the DTP workshop.

Naweed Harooni (Male), Foreign Spouse Support Group -Coordinator (North Region)

Naweed is the Coordinator of the North Region at the “Foreign Spouse Support Group” which provides information and support to Foreign Spouses in Malaysia. In his role, he has administrated the online presence of FSSG, published written articles and opinion pieces to the media and consolidated information to provide online resources. Naweed has previously worked with Jaringan Utara Migrasi dan Plarian (JUMP), which predominantly concerned itself with the rights & issues faced by migrant workers in Malaysia. He has also translated & assisted in producing an information booklet for migrant workers in Urdu which is available on their website. Naweed hopes that the DTP workshop will further develop his advocacy skills and capacity building to better advocate on behalf of foreign spouses (Marriage Migrants) and other non-citizens in Malaysia. He wishes to become familiarised with international conventions, guidelines, monitoring and evaluation mechanisms to ensure that he can provide accurate information to the public. He regards the lack of recognition of the abuse that migrant workers face and the lack of political will to address this abuse as key challenges in protecting the rights of migrant workers & non-citizens. The xenophobic, negative and biased role of the media towards non-citizens and the complicated legal administrative system for migrant workers also exacerbate the vulnerable position which migrant workers face in Malaysia.

Peter Barnabas (Male), Penang Diocese Migrant Ministry - Head of Department

Peteris the Department Head of the Penang Diocese Migrant Ministry and the Chairperson for the Episcopal Commission for Migrants and Itinerants. He organises church events for migrant communities and migrant conferences in various dioceses of Malaysia, Singapore and Brunei. Peter is also involved in assisting cases of abused maids who require legal assistance and shelter. He also handles cases of migrant workers with Tenaganita Penang. Peterhopes that the DTP workshop will equip him with knowledge and confidence in the legal structures of Malaysia that can assist migrant workers in court cases. He regards the biggest challenges to migrant workers and their families to be legal documentation such as valid work permits or work visas and the lack of enforcement by police officers of employers who abuse migrant workers.

Dennis Raj S/O Rasu (Male), Penang Diocese Migrant Ministry - Migrant Relation Officer

Dennis is a Migrant Relation Officer at the Penang Diocese Migrant Ministry. As a Migrant Relation Officer, he liaises with embassies, government officials and employers to get official documentation for migrant workers. He assists the families of deceased migrant workers in claiming the deceased from the mortuary and searching for financial assistance to support them. Dennisalso assists in the organisation of church programs and services of the Ministry which include medical aid, education programmes and welfare aid for migrant workers in need. Dennisbelieves the biggest challenge to the protection of human rights of migrant workers in Malaysia to be the lack of transparency of the legal framework. He hopes to build upon his current knowledge of the legal and policy frameworks in Malaysia and the international human rights standards. This knowledge will enable him toenhance his skills in engaging dialogue with the Malaysia government and private sector, and developingstrategies for advocacy.

Patricia Rita Nunis (Female), St Francis Xavier Church, Migrant Ministry - Chief Coordinator

Patricia is the Chief Coordinator and leads the Migrant Ministry for the parish of St Francis Xavier, Petaling Jaya. Her role involves providing emergency assistance to walk-in cases of migrants and refugees seeking help, supporting a Myanmar community sanctuary and providing awareness programmes for parishioners and interested parties on the concerns and situation of migrant workers in Malaysia. She has begun a dialogue program called MIGMIN Conversations, a discussion group where an issue or development concerning migrants and refugees in Malaysia can be explored. Patricia sees the biggest challenges to migrant workers in Malaysia as the lack of protection of migrant workers by Malaysian laws, which have led to migrant workers being treated unfairly and living in poor conditions. She highlights the lack of medical coverage and legal documentation as other challenges that migrant workers face. Patricia hopes to learn ways to manage cases of migrant workers without legal documentation and the correct information that should be provided to them. She also hopes that this workshop will provide an opportunity to discuss with like-minded people future policy development and considerations to protect the human rights of migrant workers.

Luela Mirafuentes (Female), Pilipino OverseasSENTRO - Organiser

Luela is an Organiser at Asosasyon ng mga Manggagawang Pilipino Overseas. Her main responsibilities are organising and training Filipino domestic workers in Malaysia and assisting domestic workers in joining trade unions. Through her training programs, Luelaaims to empower migrant workers by educating them how to handle and manage issues and problems that arise in the workplace. She considers the greatest challenge that migrant workers face is the lack of legal protections in Malaysia. Luelasees the DTP workshop as an opportunity to network with likeminded individuals and organisations and to gain a deeper understanding of the differentstakeholders in Malaysia.

Anna Lissa Galdo (Female), AMMPO Pilipino Overseas - Chairperson

Anna is the Chairperson of AMMPO Assosasyon ng mga Makahayang Manggagawang Pilipino Overseas. As Chairperson, she gives the orientation seminar to those who have joined the group, facilitate members and handles cases of migrant workers. Last November in 2016, AMMPO SENTRO conducted a forum on migrants which focused on migration policy in Malaysia. AMMPO is currently running a campaign to request the Philippines embassy to open on every Sunday to assist with migrants. Annaconsiders that the biggest challenge that migrant workers face is the lack of equal rights between locals and migrants. From the DTP workshop she hopes to gain a greater understanding of the domestic legal and international mechanisms in place which protect the rights of migrant workers.

Moganasundari Mahalingam (Female), MMICARE Association - Member

Mogana is a CLP Student and Member of MMICARE Association, performing volunteer duties. Familiar with legal theory, she recently left a lecturing position in Singapore to assist exposed and vulnerable communities with her legal knowledge. Having been exposed to the issues facing migrants, she has since endeavoured to gain insight and experience into how laws are applied in practice that will allow her to formulate long-term, viable solutions to abuses. Since her integration at MMICARE Association, Mogana has expanded her role, assisting in the duties reserved forgroup facilitator, and team coordinator. She hopes that the DTP will heighten her understanding of the human rights framework and allow her to combine her real-life experience of migrant living conditions and bring a sense of justice for all.

Irene Xavier (Female), Committee for Asian Women (CAW)–Coordinator

Irene manages the planning, fund-raising, overseas financing and staff of Committee for Asian Women (CAW) as an Administrative Coordinator. CAW works with various member groups in Asia and recently undertook a research study with local partner organisations (PSWS, NSI) on the effects of migration on Cambodian female workers. Irene has assisted migrant workers with a variety of different programs that aim to empower vulnerable female workers, and now seeks to promote such rights through cross-border programs. The lack of a comprehensive policy concerning migrant working conditions concerns Irene deeply and she seeks to develop her ideas and the efficacy of her advocacy.

Prema Arasan (Female), Tenaganita Women Workforce - Program Officer

Prema is a Program Officer for Tenaganita Women Workforce and a supervisor for Young Lawyers. Her responsibilities have required her to manage cases in which migrant workers have been abused- and to seek prosecution of those responsible. All data and information from the cases are used in advocacy and information training programs directed at both employers and migrant workers. Prema has worked for 5 years with Tenaganita and trained over 200 migrants, of which a few have advanced their own cases individually. By attending the DTP workshop, Prema intends to incorporate a more detailed knowledge into her own training programs that will further protect migrant workers.

Ram Chandra Nepal (Male), Pravasi Nepali Coordination Committee (PNCC) - Outreach Support Coordinator

Ram is an Outreach Support Coordinator for PNCC and actively addresses the welfare of Nepalese migrant workers in Malaysia. The assistance provided can range from personal advice to legal/financial assistance depending on the exigency of the situation. Ram is acutely aware of the venal arrangements that attract and hold migrant workers in their labour conditions, dealing with the victims on a personal basis. By participating in the DTP workshop, Ram intends to develop his communication skills, legal knowledge and network with people that have similar concerns.

Aslam Abd Jalil (Male), University of Queensland - Research Assistant

Aslam is a Research Assistant at the Faculty of Humanities and Social Sciences (University of Queensland) for a study concerning refugee experiences within Malaysia. Having worked for numerous organisations, in different capacities, he recently volunteered in Kuala Lumpur for the UNHCR as a teacher for a refugee school. Aslam is interested in learning about the national and international laws governing migrant workers’ rights and he is particularly concerned about the weak protection afforded to migrant workers by Malaysia’s existing system. His participation in the DTP is seen asan opportunity to exchange ideas and develop solutions that present mutually beneficial solutions to both Malaysia and the migrant workers.

Larissa Ann Louis (Female), Azri, Lee Swee Seng & Co - Legal Associate

Larissa is a Legal Associate atAzri, Lee Swee Seng & Coand works in human-rights issues as well as public interest litigation proceedings. Recently she started towork on a case against the government of Malaysia in defence of ‘stateless’ children being denied citizenship unconstitutionally. She previously worked with the UNHCR and witnessed the countless human rights violations that specifically affect migrant workers and refugees. Larissa wants to improve her advocacy skills as a human rights lawyer and activist, and in her effort to do so she regularly attends human-rights related talks. Through her participation in the DTP workshop Larissa hopes to learn of the challenges facing migrant workers, and the possible solutions that may be available.