DESPITE the large role played by the almost 2.2 million migrant workers in Malaysia’s thriving economy, several studies have shown that they are treated in an  unfavourable and discriminatory manner. Whether “Kita Jaga Kita” excludes migrant workers is a subject of debate.

During the movement control order (MCO) period last year, only migrant workers were to be tested for Covid-19 before returning to work. This unequal treatment between local and migrant workers was highlighted by our health director-general Dr Noor Hisham Abdullah, who said local workers should also be made to undergo the tests.

Sadly, Malaysia had not treated the migrant workers as well as its citizens. Thousands of workers who did not possess permits were held in overcrowded detention centres, making social distancimg impossible. Evidently, new clusters of Covid-19 infections emerged at the Bukit Jalil, Semenyih, and Sepang Immigration detention centres. And then there are the unlucky migrant workers who have been provided with unhygienic housing by their employers, which leads to a greater risk of infection. 

Nevertheless, recently there are efforts by the government to provide better treatment ofmigrant workers. The Defence Ministry has set a RM50,000 fine for companies who fail to comply with the standards of housing for workers. The Health Ministry has also provided them with free jabs at the Covid-19 vaccination centres.

There is a need to view social justice from the perspective of legal philosophers in the  issues relating to the unjust treatment towards the migrant workers in Malaysia. As justice today should be observed from the purview of the society, social justice as stated by David Miller becomes a significant aspect which includes the advantages and burden in a society being distributed among its members. They have equal rights to basic needs, equal opportunities, and a better standard of treatment for the underprivileged. HLA Hart defines justice equality as the same treatment for all. By the sam  token, justice in Islam includes equal treatment of other people which is a duty placed by  Allah upon His servants.  

The Rawls theory of justice lays out a clearer explanation where the principles of justice includes firstly, the possession of an equal right to basic freedom by a person, and secondly, the fair arrangement of the social and economic inequalities into a position which benefits everyone. Thus, when migrant workers have access to what they need, or primary goods, it can be said that there is justice in terms of fairness. Primary goods include the  basic freedom and rights of the person such as the migrant workers’ rights upon their welfare,  health and quality of life.  

Every citizen or otherwise should be equal before the law and has rights towards the equal  protection of the law as provided under article 8(1) of the Federal Constitution. Migrant workers should be accorded the right to adeuqte medical care and protection measures during the pandemic as they deserve to be treated the same as local workers. – November 28, 2021.

* Elissanur Suraya Arnaz Yusry and Prof Madya Dr Shahrul Mizan Ismail are from the Faculty of Law of Universiti Kebangsaan Malaysia.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.