Contextualizing Fair Migration in Malaysia: From Sovereign Migration Governance Toward Developmental Global Migration Governance

Abstract

This paper proposes that fair migration governance in Malaysia reflects a gradual shift from sovereign migration governance towards developmental global migration governance. It examines three approaches the Malaysian government takes to enhance migrant rights protection: concluding a zero-cost migration memorandum of understanding (MoU), digitalizing the recruitment process for foreign workers, and introducing joint liability schemes for employers and private employment agencies. These approaches are a significant move towards rights-based solutions, consistent with Sustainable Development Goals (SDG) 10.7: Facilitate orderly, safe, regular, and responsible migration and SDG 8.8: Protect labor rights and promote safe and secure working environments for all workers. Document analysis examines data from official documents and legislations, reports from international organizations, statements from migrant advocacy organizations and trade unions, parliamentary debates, and newspaper articles. The findings have two implications. First, it reflects a central shift in the conceptualization of Malaysia’s labor migration industry from a business model to a rights protection model through eliminating intermediaries. Second, it illustrates the transition of Malaysia’s migration policy from sovereign migration governance to developmental global migration governance. In the Malaysian case study, policy changes are both the consequence of a top-down statist approach and global and societal movements toward developmental global migration governance.