Civil Society and the Politics of Migrant Workers’ Welfare Rights in Malaysia

Theories explaining the extension of migrant workers’ welfare rights often rely on liberal democratic institutions in the mechanisms they propose. This is true, for instance, with regards to civil society influence on migrant workers’ welfare rights: Civil society groups such as trade unions or NGOs are often seen as important actors in debates on these rights. Their impact, however, is dependent on freedom of association and freedom of expression which allow them to promote migrant workers’ welfare rights. Not least, freedom of association also allows immigrants to form their own organisations and promote their interests. Migrant workers’ welfare rights are developing in many countries, even in those where freedom of association and freedom of expression are limited. How do civil society groups attempt to influence policy on migrant workers’ welfare rights in settings where they are being constrained in their room for manoeuvre? To answer this question, this paper looks at Malaysia, a country that has experienced large-scale labour immigration for decades and that was classified as an electoral autocracy until 2018, when it entered a phase of (uncertain) democratic transition. The paper examines the role of civil society in the political process behind the extension of employment injury benefits (on the same footing as citizens) to migrant workers in 2018 by the newly elected government. The paper will use content analysis of interview material as well as trade union and NGO publications to identify prominent frames and positions on migrant workers as well as strategies used to advocate for their inclusion in the country’s general employment injury scheme.