A/HRC/44/40/Add.3 (i) Mid-Term Review of RMK-11 (ii) WKB 2030; and (iii) Pelan Pembangunan Nasional Orang Asli (PPNOA) Paragraph 89 Migrant workers, especially but not only those who are undocumented, face serious violations of their labor and other rights. There is a need for a comprehensive new policy that acknowledges the real extent of foreign labor dependence, regulates working conditions more effectively, ensures real minimum wages, and treats workers and their dependents humanely. Comments from the Government of Malaysia: • The Government has introduced Employer Undertaking in 2017, a strict liability concept whereby employers of foreign workers are fully accountable to comply with the recruitment process including payment of expenses incurred such as the levy, health screening, insurance and processing fees. The initiative also include the welfare of workers such as the provision of housing and basic amenities until they return home. Severe penalties has been imposed on employers who are found guilty of employing illegal foreign workers through effective enforcement initiatives. The recruitment process of foreign workers are more organized thereby preventing them from being exposed to exploitation of forced labor. On the other hand, the Minimum Wages Order 2012 was introduced to ensure both local workers and foreign workers receive better wages. The Employment Act 1955 also been revised in 2019 to better regulate working conditions of the workers including foreign workers. Paragraph 90 Existing refugee policies are punitive rather than humane, and economically counterproductive. Refugees and asylum-seekers should be permitted to work, their children admitted to public schools, and they should be eligible for public healthcare. Comments from the Government of Malaysia: • The government has implemented a few administrative policies in managing refugees. The government also acknowledge on the argument that refugees and asylum-seekers should be allowed to work, access to education and public health. Some actions have been taken as follows: (i) Based on humanity basis, the government currently reviewing its policy to allow refugees to work in approved sectors while waiting for their resettlement to a third country or voluntarily return to their country origin; (ii) Refugees children are allowed access to the private education including Alternative Learning Centre (ALC) provided by UNHCR, NGOs and refugees communities; and (iii) They are also entitled for medical treatment at any public hospitals/clinics at a 50% discount of a total bill. Paragraph 91 The extent of statelessness and its devastating consequences for those affected, as well as for the Malaysian economy, should be acknowledged. The government should produce definitive estimates of statelessness, identify drivers of statelessness, and pursue a far more concerted approach to facilitate—rather than deter—access for people eligible for Malaysian citizenship. Comments from the Government of Malaysia: • As Malaysia is not a party to the 1954 Convention relating to the status of the Stateless Person and 1961 Convention on The Reduction of Statelessness, Malaysia has no legal obligation to recognize stateless person 43