Employment Rights For Refugees

In Malaysia : An Analysis
 PROPOSAL OUTLINE
● Problem Statement
● Research Questions
● Research Objectives
● Research Significance
● Literature Review
● Theoretical
Framework
● Methodology
 BACKGROUND
•
INTERNSHIP
Malaysia is situated in a strategic
location in the Southeast Asian region

•
REPORT
With its relatively stable political
environment, good economic health and
harmonious multi-racial society, many
FATIN JAMJUREE
find Malaysia an attractive place to live
and call home.
(1235502)
KIRKHS (Political
• Malaysia has been a safe haven for
Science)
thousands of refugees fleeing
18th persecution
JUNE 2018
countries.
–from
24TH neighbouring
AUGUST 2018
ROYAL THAI EMBASSY, KUALA
PROBLEM STATEMENT
● Malaysia has no legal responsibilities to provide
INTERNSHIP
rights to refugees, including employment rights.

● Despite the factREPORT

that the current law does not
allow refugees to work, refugees have been
working in the informal sector all this while to
survive, and Malaysian authorities turn a blind
FATIN JAMJUREE
eye to it.
(1235502)
● Although Malaysia allows the existence of
KIRKHS (Political
refugees in the country, it does not make a
Science)
distinction between asylumseekers/refugees and
thPendatang Asing Tanpa Izin (PATI) or illegal
18 immigrants
JUNE 2018 – 24 AUGUST 2018
TH

ROYAL THAI EMBASSY, KUALA

PROBLEM STATEMENT
INTERNSHIP
● A labour migrant outcome is better than a refugee labour outcome
because being a labour migrant means that the refugees get the same

REPORT
rights as other migrant workers. However, at the time of writing, this
plan had not materialized status.

● This research will hopefully address the main issues and concerns
faced by both the refugees and Malaysia in giving employment rights
to the refugees.
FATIN JAMJUREE
(1235502)
KIRKHS (Political
Science)
18th JUNE 2018 – 24TH AUGUST 2018
ROYAL THAI EMBASSY, KUALA
 RESEARCH
QUESTIONS
1) What are the
benefits and INTERNSHIP
2)What are the
benefits to
costs to
Malaysia in
REPORT
refugees in
terms of
terms of economic and
FATIN JAMJUREE
economic and security 3) What
security aspects aspects from
(1235502) recommendations
if employment having
KIRKHS (Political should Malaysia
rights are given employment
Science) consider to
to refugees? rights? implement this
18 JUNE 2018 – 24 AUGUST 2018
th TH
policy?
ROYAL THAI EMBASSY, KUALA
 RESEARCH
OBJECTIVES
1) To
ascertain the INTERNSHIP
benefits and
costs to Malaysia REPORT
in terms of
2) To identify
economic and
how refugees
security aspects
FATIN JAMJUREE can benefit in
3) To
if employment
(1235502) terms of
provide
rights are
economic and
recommendations
accorded to
KIRKHS (Political
refugees.
security aspects
to the Malaysian
from having
Science) Government on
employment
how to implement
18 JUNE 2018 – 24 AUGUST 2018the policy of
th TH
rights.
granting
ROYAL THAI EMBASSY, KUALA employment rights
RESEARCH SIGNIFICANCE
INTERNSHIP
1. Since Malaysia plans to conduct a pilot project to grant refugees
employment rights, it is timely for research to be undertaken on

REPORT
the costs and benefits of this policy.
2. Granting employment rights could be one of the measures to
manage refugees given that currently there is no clear refugee
FATIN JAMJUREE
policy and the refugees are managed on ad hoc basis.

(1235502)
KIRKHS (Political
Science)
18th JUNE 2018 – 24TH AUGUST 2018
ROYAL THAI EMBASSY, KUALA
 LITERATURE REVIEW
1.Foreign Workers in Malaysia

INTERNSHIP
Under Section 2 of the Employment Act 1955:
―foreign domestic servant‖ means a domestic servant
REPORT
who is not a citizen or a permanent resident
―foreign employee‖ means an employee who is not a
citizen

A policy regarding foreign workers was formulated and

FATIN JAMJUREE
implemented in 1992 which had two objectives:
namely, to encourage employment of foreign workers
(1235502)
legally, and to combat illegal foreign workers.
KIRKHS
● (Political
Science)
2. Legal Perspectives
There are articles and sections in the Malaysian laws
18
and JUNE 2018 – 24 AUGUST
th the international conventions
TH
2018
and declarations that
Malaysia has signed that could possibly allow refugees
ROY ALemployment
to gain THAI EMBASSYrights. , KUALA
LITERATURE REVIEW
INTERNSHIP
REPORT
3.Irregular Migration
• In Malaysia irregular migrants are officially classiffied
as illegal immigrants‖ (Pendatang Asing TanpaIzin or
PATI) or illegal workers●.
• According to the Ministry of Home Affairs, 1 out of 4
immigrants is undocumented. MOHR estimates that
FATIN JAMJUREE
there are approximately 2 million undocumented
workers in Malaysia.
(1235502)
4. Labelling and Categorising Refugees
KIRKHS
The concept(Political
of 'refugee' is defined as a complex and
dynamic process of becoming… A gradual
Science)
transformation, not an automatic result of crossing a
national border‖
18 th
JUNE 2018 – 24TH AUGUST 2018
ROYAL THAI EMBASSY, KUALA
 RESEARCH
DESIGN
INTERNSHIP
REPORT
Since the study involves huge numbers of sampling from
Malaysian population, using Quantitative Approach is among the
best option because it allows for a broader study, involving a
greater number of subjects, and enhancing the generalization of
the results.

FATIN JAMJUREE
(1235502)
KIRKHS (Political
Science)
18th JUNE 2018 – 24TH AUGUST 2018
ROYAL THAI EMBASSY, KUALA
 DATA COLLECTION
INTERNSHIP
Primary source: In-depth Interviews , Focus Group Discussions , Public Lectures
Exhibitions
REPORT
Secondary source: books, journal articles,

FATIN JAMJUREE
encyclopaedias, biographies, newspaper articles

(1235502)
Sampling: Non-random sampling
KIRKHS (Political
Science)Public : Convenient sampling

18th JUNE 2018 – 24 TH

AUGUST 2018
Refugees: Convenient sampling + Snowball sampling
ROYAL THAI EMBASSY, KUALA