Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836230759.pdf (Malaysia)
CHAIRMAN OF THE PUBLIC ACCOUNTS COMMITTEE (PAC) CUM MEMBER OF PARLIAMENT FOR IPOH TIMUR OFFICE OF THE PUBLIC ACCOUNTS COMMITTEE PARLIAMENT OF MALAYSIA, JALAN PARLIMEN 50680 KUALA LUMPUR Tel Fax Email Website : 03-2601 7263 / 2698 6852 (DL) : 03-2698 9218 : pacparlimen@parlimen.gov.my : http://www.parlimen.gov.my/pac 24 November 2020 MEDIA STATEMENT ON TABLING OF PAC REPORT ON ACTIVITIES FOR THE CONTROL OF FOREIGN WORKERS UNDER THE HOME AFFAIRS MINISTRY (KDN) / HUMAN RESOURCES MINISTRY (KSM) 1) PAC tabled its report on Activities for the Control of Foreign Workers under the Home Affairs Ministry (KDN) / Human Resources Ministry (KSM) in the House of Representatives today.
2) This issue is part of the audit findings in the Auditor General’s Report of 2018 Series 1 tabled in the Parliament on 15 July 2019.

3) The Parliament began the proceeding on this issue on 10 October 2019 by calling the parties involved in the activities to control foreign workers.
The list is as follows: Home Affairs Ministry: i) Dato’ Seri Alwi bin Haji Ibrahim (Secretary General) Human Resources Ministry: ii) Dato’ Amir bin Omar (Secretary General) Immigration Department of Malaysia: iii) Dato’ Indera Khairul Dzaimee bin Daud (Chief Director) 4) Besides holding proceedings, PAC also did a working visit to the Lenggeng Immigration Depot in Negeri Sembilan on 19 February 2020.
The objective of the visit was to take a closer look to get a clearer picture of the management of Immigration Department of Malaysia (JIM)’s Detention Depot.

5) Based on the outcome of the proceedings and working visit, PAC concluded that: i) PAC found incomplete integration between ePPAx dan MyIMMs, which resulted in foreign worker quota application data and documents not being fully shared.
ii) PAC found the number of approvals for special applications is higher as compared to that of regular applications and it is an unhealthy practice.

Such practice does not meet the original purpose of foreign worker quota application process, which is to impose strict qualification screening.

iii) PAC found the existence of mediators that are obviously behind the scene of the existing application system.
iv) PAC found that some of the special approvals granted involved foreign worker quota for frozen sub-sectors, thus affecting job opportunities for Malaysians.

v) PAC found alleged theft and abuse of user ID had led to false quota being created in MyIMMs.

Such incident whereby the system could be easily hacked revealed security vulnerability of a ministry responsible for national security.

A total of 20 police reports have been made since 2017 but are still pending investigation.
vi) PAC found that the system’s weaknesses resulted in Temporary Employment Visit Pass (PLKS) being issued to workers who failed Foreign Workers Medical Examination Monitoring Agency (FOMEMA)’s inspection.

Besides that, there are no records of repatriation of some of the workers who failed the FOMEMA’s inspection.

This poses a risk of transmission of infectious disease to local communities.
vii) PAC found there is a need to prioritise the welfare of detainees, inhabitants and immigration employees at the depots and also the need to upgrade the facilities of all the depots in the country.

6) In relation to the above, PAC recommends to the Government that: i) KDN and KSM should create an integrated system for managing and controlling the recruitment of foreign workers to ensure consistent data integration across all the operating sites under the ministries and departments.
ii) KDN and KSM must ensure that all foreign worker quota applications are made through regular application systems (ePPAx and MyIMMs) and application results to be given within a reasonable time frame.

Special approvals should only be applied in cases of appeal with merits or special national projects as determined by the Cabinet.

In particular, KDN must not interpret the applications submitted to MDN without going through the system as an appeal.
iii) Following on from the recommendation 8.2, PAC is of the opinion that there must not be any mediator in the process of the foreign worker quota applications to MDN.

PAC recommends that MACC should investigate the role of such mediator involved.

iv) No exception is allowed for recruitment of foreign workers for frozen sub-sectors.

v) The police should expedite its investigation of the alleged theft and abuse of User ID in MyIMMs.
vi) FOMEMA’s inspection of prospective foreign workers has to be expedited by employers, that means to have it done within 30 days from arrival date.

Strict enforcement has to be imposed by JIM on employers who fail to comply with this inspection.

vii) The approved works to upgrade depots under the 11th MP, Rolling Plan 4 (RP 4) has to be continued with under the 12th MP.
Adequate fund should be allocated to meet the need for welfare, medical cost and measures to contain the spread of infectious diseases as requested by JIM.

viii) KDN, through JIM, has to continue with the pilot project of Alternative to Detention for Children without Guardians and Separated Children in Detention, which was initially planned to be implemented in April 2020.
KDN should also work with the Women, Family and Community Development Ministry to continue with the placement of women and children from depots at the centres supervised by the Council for Anti- Trafficking in Persons and Anti-Smuggling of Migrants (MAPO).

ix) KDN should renegotiate with UNHCR to resolve the registration of detainees with refugee status at all the immigration depots in the country.
KDN, in collaboration with the National Security Council (MKN), should set up a special unit to process any SOP for managing the admission of refugees into our country and their welfare.

7) Members of the public who are interested to read and study PAC report on Activities for the Control of Foreign Workers under the Home Affairs Ministry (KDN) / Human Resources Ministry (KSM) can download the report at PAC website: www.parlimen.gov.my/pac Thank you.

Hon.
Hon.

Wong Kah Woh The Public Accounts Committee Chairman Parliament of Malaysia 24 November 2020