Thursday, March 03, 2005

In harm's way

In harm's way


Posted 11:26pm (Mla time) Mar 03, 2005
Inquirer News Service



Editor's Note: Published on page A14 of the March 4, 2005 issue of the Philippine Daily Inquirer



MALAYSIA'S Home Minister Azmi Khalid has said: "Compared to Guantanamo Bay, we are a five-star hotel. We do not do things that are inhumane. This is our guarantee."

He was referring to the massive crackdown recently launched by the Malaysian government against illegal foreign workers. While the raids have mostly been aimed against Indonesian workers, more than 200 Filipinos have also been rounded up.

The crackdown, coming after a well-publicized four-month amnesty period, would be less controversial if it didn't involve punishment dating to the British colonial period: caning. It is punishment by caning, in particular, that has sparked an international outcry against the Malaysian government. The concern felt by international human rights groups has been echoed by foreign governments.

Indonesia and the Philippines, in particular, have had diplomatic tussles with Malaysia over the subject of workers' migration. Malaysia's crackdown in Sabah, in particular, threatened to revive decades-old animosities between Manila and Kuala Lumpur over that contested territory. Jakarta, too, has had repeated high-level ministerial meetings with its counterparts in Malaysia to discuss this difficult issue.

The truth is, Malaysia needs foreign workers badly, as many Malaysians refuse to take on low-paying jobs. Neighboring countries, from the Philippines and Indonesia to Burma and Bangladesh and even India, have millions of unemployed workers willing to do those jobs.

The Malaysian government, however, has a longstanding policy of stringently applying its laws. It never hesitates to apply its police power to the fullest. As Deputy Prime Minister Najib Razak said, illegal workers who remained in Malaysia have had their last chance. "We do not need to hear pleas, it doesn't matter anymore. They chose to remain defiant, they have to face the music."

The Malaysian government can argue that it has postponed the recent round of expulsions four times, and that it has every right to impose what it calls its revolving door policy: limited contractual periods for workers who must return to their countries of origin in between stints. For workers from places like Indonesia and the Philippines, expulsion, while harsh, probably doesn't mean death. For workers from Burma, however, there is the chance that workers sent back may face harsh punishment from their own government.

The strength of the Malaysian position is that for every illegal worker expelled, there are probably dozens, if not hundreds willing to take their place, according to the strict regulations imposed by Malaysian authorities. The best that the countries of aggrieved illegal workers can do is what they are now doing: call on the Malaysian government to treat illegal workers humanely.

Since the retirement of the feisty former Prime Minister Mahathir Mohamad, Malaysia has shown itself far more willing to dialogue with its neighbors. It has been responding reasonably to foreign criticisms. However, old habits die hard, and there is no older habit than the relish with which Malaysian officials wield their police powers.

Aside from Singapore, no other Asean country condones caning as an acceptable form of punishment. This indicates that Asean can push for a consensus when it comes to the treatment of foreign nationals. Under no circumstance can caning be deemed acceptable for citizens of nations that themselves reject caning as a punishment for their own citizens. The least Malaysia can do is to give way in this regard.

The Philippine government, on the other hand, has to cooperate with Malaysia in policing migrants so that Filipinos bound for Malaysia do so with legitimate work permits and papers. Opportunities remain in that country, and no earthly power can stop desperate Filipinos from seeking employment there. What the country has an obligation to do is to ensure that no Filipino puts himself in harm's way. Failure to do so ensures, in the end, that what is a Malaysian problem becomes a Philippine problem.

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