A/HRC/44/40/Add.3 • 169) Malaysia is not a party for ILO Indigenous and Tribal Peoples Convention, 1989 (No. Migrant workers Paragraph 56 Estimates of the number of migrant workers in Malaysia generally range between three and six million, inclusive of both documented and undocumented workers. These workers play an outsized role in the Malaysian economy, which has a labor force of about 15.66 million, and have been a key factor in Malaysia’s competitiveness and economic success. They are excluded from the official poverty figures, but their rates of poverty are safely assumed to be higher than the general population, given that they are disproportionately employed in lowskilled labor, are generally low-paid and excluded from social support, and suffer wage theft. Comments from the Government of Malaysia: • Malaysia previously has implemented several regularisation and amnesty programmes to illegal immigrant such as 6Ps Programme, Rehiring programme and Voluntary Deportation Programme (i) 6Ps 2011-2014 : 521,734 (ii) Rehiring Programme, 2016-2017: 744,942 (iii) Voluntary Progamme (ended 31 August 2018 :840,000 (iv) Back for Good (BFG) programme (1 August-31 December 2019): 192,260 (v) Documented Visit Pass Temporary Employment (PLKS) (As of 29 February 2020) : 2,010,691 • Official statistics in Malaysia are compiled using several sources, primarily through censuses and surveys, as well as administrative data. Data collection through the former have always covered all residence status such as permanent residence, expatriate, temporary residence, foreign students, foreign visitors, foreign workers and others (including refugees and stateless). However, as in many other countries, household surveys such as the Labour Force Survey and the Household Income and Basic Amenities Survey do not cover institutional households, where many migrant workers in Malaysia reside. Currently, Malaysia is working with the assistance of International Labour Organization in measuring SDG Indicator 10.7.1 Recruitment Costs of Migrant Workers through a stand-alone survey. • On another hand, reporting and analysis of official statistics are subject to requirements of the policies concerned. Paragraph 57 Unfortunately, despite their ubiquity in the Malaysian labor force, migrant workers are set up for exploitation by a confluence of factors, including unscrupulous recruitment agents and employers, a harsh immigration policy, and a lack of enforcement of labor protections. They are reportedly subjected to passport confiscation, low pay in violation of minimum wage laws, poor living conditions, punishment by fines, high recruitment fees, debts to recruitment agencies and employers, and salary deductions. Reports documenting abuses against migrant workers are consistent and numerous. Comments from the Government of Malaysia: • Majority of migrant workers come to Malaysia to escape from poverty at their Country of Origin. The situation of debt bondage, which is what these migrant workers are often prone to, begins from the country of origin and made worse by unscrupulous agents at source country. These compounding facts are the reason for the migrant workers involved to be driven into poverty, and not acknowledging these facts may result in biased statement by the UN SREPHR. • Further, “migrant workers are prevalent in Malaysian labour force”, which is inaccurate because they only make up to less than 20% of the overall labour force. 31