LEGAL FRAMEWORK OF MALAYSIA FOR MIGRANT WORKERS AND PRISONERS BELONGING TO PAKISTAN: A CRITICAL APPRAISAL

Abstract

The current study aims to demonstrate the legislative system of Malaysia regarding migrants' rights and protection along with the practical insight of imprisoned Pakistani who experienced living in Malaysian jails for different reasons. This qualitative study collected the data by using purposive sampling. The study analyzed the data by using thematic analysis. The study found that majority of the Pakistani who experienced living in Malaysian jails were illegal and undocumented due to different reasons. The other categories of Pakistani migrant workers in jail were involved in violent acts or immigration operasi (raids) to check the documents of the foreign workers. The study found that foreign workers have predefines and proper rights in Malaysia. However, in case of violence, the imprisoned Pakistani migrants were treated cruelly. Despite predefined acts and laws regarding immigrant workers, they faced inhuman treatment for being immigrant workers. The study also found that only a few Pakistani live in Malaysia after release from jail, as most of them are deported to Pakistan and rarely get a chance to return to Malaysia. The study concludes that the Malaysian laws and rules are strict for immigrant workers, especially in cases of violence. It is also concluded that there is a need for the immigration department to revise its policies to treat the immigrant workers to avoid inhuman behavior toward them despite having complete documents. There is also the need to check the police behavior and deal with imprisoned workers to avoid unprivileged and inhuman behavior. The study's findings can help the legislative system of Malaysia deal with immigrant workers in a privileged way than cruelty in prison.