Friday, November 16, 2018

Laws/Policies maximum income of civil servants/MP and no other sources of income other than salary?

PROBLEMS AND WEAKNESS EXPOSED - LAWS NEEDED TO PREVENT REPEAT OF ABUSES BY NEW GOVERNMENT...Fixing maximum incomes, no other income other than income of Minister, MP,civil servants?,....

Malaysians are happy with all the investigations and actions concerning 1MDB, kleptocracy and corrupt practices that have been carried out that has led to the charging of personalities with political power and connections...including the Prime Minister, his spouse and others..

We have been shocked about the excessive amounts of monies that have been paid out to even public servants from our monies, and for the CEOs and upper managements, including Directors. The principle should be that public servants, including Ministers and Members of Parliaments, who get appointed as Directors and/or 'Advisory Boards' of government companies and GLCs(Government Linked Companies), or even any Government Commissions/Councils/etc really should NOT BE PAID more than the salary/allowances that they now receive as public servants/MP/ADUN/Ministers for this is all part of their job...and their responsibilities already. [Remember MPs already get a salary of RM16,000(and with their allowances, it could be double that)] 

As a principle, even if monies, be it salary/allowances payable to Directors of Companies, then rightly that monies should flow back to the government coffers to be used for all Malaysians.

Now, what is seriously needed is LEGISLATIVE REFORMS that will make it easier for the stopping of such actions of kleptocracy, corruption, abuse of power, etc. There must be a LAW that dictates also salaries/allowances paid out to government owned companies employeees, CEOs, Directors - which will prevent excessive salary/allowances. Maximum salaries or a pay-scale for Government Owned and GLCs should be fixed.

It is common for PRIVATE companies to 'flow-out' a lot of monies as salaries/allowances to persons connected to the majority shareholders, and their family members/friends who are made employees and/or Directors, which cuts into profits - and affects the returns of their investors/shareholders > Well, that is none of our business BUT when it comes to government-owned companies and GLCs, it is our business > as it can be said, that the people of Malaysia are being 'CHEATED' by such practices...

What makes it worse, when the 'public servants' including MPs/ADUNs/Senators and even other 'political appointees' appointed to really make sure that there is NO HANKY PANKY in such companies get confused of their roles and loyalties. The payment of salaries/allowances and other 'benefits' from the company confuses LOYALTIES - Should I object to such decisions/practices that impacts on the Malaysian people's monies/rights...or Should I simply 'pocket' these monies and enjoy these 'benefits' bestowed for my own benefit?

SERVICE TO THE PEOPLE is the primary object - not personal enrichment or enjoyment of additional benefits? It was sad to hear about the case of Zuraidah, an MP who used her 'additional benefits' to purchase cars for her family members...because she may have considered it 'foolish' to not utilize benefits provided.  [PKR's Zuraida Kamaruddin reveals disturbing concerns ...which PKR,DAP,PAS ...must explain?]

Anwar Ibrahim revealed recently that top-civil servants were being paid too high about RM250,000 per month (and plus allowances and other incomes from Directorships, etc which under UMNO-BN possibly went to the pockets of the said civil servants as well), they could be earning so much more. BUT, to date, we have not seen what the NEW government will do - Monthly salaries/income rates need to be set, to possibly never more than RM16,000(being salaries of MPs now), and certainly no additional income by being appointed Directors and/or other positions, which is part of their job.

“There were government servants who earned up to RM250,000 a month. The treasury secretary-general earned up to RM260,000 a month,” Anwar told a ceramah in Lukut, Port Dickson.
RM260,000 is equivalent to what a Minimum Wage worker will earn in more than 2 years - it is so unjust. How much more did he earn as Directors of so many companies ...(when really, there should be no other earnings other than his salary/allowance as civil servant?)

During the Election Campaign, Anwar spoke about this unjustice - but then sadly, he did not again propose what the REFORMS will be. Should the highest civil servant salary be capped at RM16,000? Should civil servants not be entitled to receiving additional monies for doing their job including sitting as Directors in Companies, representing the government? As a policy, civil servants must be full-time, not divide their time holding other paid positions. In Thailand, one past Prime Minister was removed from office because he received 'monies'/payment from other sources other than salary/allowance payable to a Prime Minister - will Malaysia have such a clear policy/law as well. This will certainly prevent possible 'corruption', etc.. 

All these excessive and unjust payments deprive Malaysians much needed monies that could be used to minimize poverty...

“While the others that served were only getting a RM40 raise yearly, these guys were earning up to RM250,000,” Anwar said.
Interestingly, Anwar also revealed that minimal wage increments for civil servants was RM40, surely than it would be just if Minimum Wages are also increased annually by at least RM40...? Just a thought - noting that Minimum Wage obligations should really differ based on regions and also employers(maybe lower Minimum Wage for small employers in small towns and rural areas that make little profits...)

EXPOSING WRONGS IS ONE THING ...NOW WHAT DO WE DO TO MAKE SURE IT DOES NOT HAPPEN AGAIN???

Top civil servants earned up to RM260,000 a month under BN, says Anwar


Kamles Kumar  
Anwar Ibrahim says the Treasury secretary-general earned up to RM260,000 a month under the Barisan Nasional government. – The Malaysian Insight pic by Kamal Ariffin, October 3, 2018.

TOP level civil servants during the Barisan Nasional era used to take home over quarter a million ringgit per month, claimed Anwar Ibrahim.

The Port Dickson by-election candidate said even the treasury secretary-general earned RM260,000 a month, which indicated the level of corruption during former prime minister Najib Razak’s administration.

“There were government servants who earned up to RM250,000 a month. The treasury secretary-general earned up to RM260,000 a month,” Anwar told a ceramah in Lukut, Port Dickson.

The last treasury secretary-general under the BN government was Mohd Irwan Serigar Abdullah, who resigned after BN lost in the recent election.

The PKR president-elect added that while most of lower-tier government servants saw little salary increments yearly, these top-level officers earned millions a year.

“While the others that served were only getting a RM40 raise yearly, these guys were earning up to RM250,000,” Anwar said.

He went on to say that is why he and current prime minister Dr Mahathir Mohamad teamed up to defeat the BN government in the 14th general elections.

“That is why Dr Mahathir and I came together. He and I wanted to fix things. We came together because the country was destroyed,” Anwar added.

The former deputy prime minister said helping Malaysians should be based on needs and not by race, which has been practiced previously.

“The majority of Malays and Bumiputera are still suffering. What is wrong with helping poor Malays? If Chinese are poor, when we help are we wrong? The Indians in the estate, when we help is it wrong?”

The 71-year-old is contesting in Port Dickson against six other candidates, including former menteri besar Isa Samad, PAS’ air force veteran Mohd Nazari Mokhtar and four independents, including Anwar’s former aide Saiful Bukhari Azlan.

Anwar reiterated that he would develop Port Dickson and bring back tourism to the seaside town.

He said Singaporean Prime Minister Lee Hsien Loong told him in a recent meeting that his late father Lee Kuan Yew used to bring him to Port Dickson for holidays when he was younger.

“I met the Singapore PM, he tweeted me good luck. He told me when he was small, Lee Kuan Yew brought him here.

“See, Port Dickson is famous for people in Kuala Lumpur and even Singapore as well.”

Anwar said three people had offered to give up their seats for him.

“Three people had written to me to give up their seats. One of them is from the north, one from central and one from the south. But, for certain reasons I chose Port Dickson,” he said without disclosing the reason.

Voters when met in the ceramah grounds were positive that Anwar would bring progress to Port Dickson as he was a potential prime minister.

Gan Tuan Wong, 48, said Anwar brings stability that has continued from Pakatan Harapan’s victory during the 14th general elections.

“We want him to win, we want this area to develop. We want him to continue the succession. We voted for PH to see a change for Malaysia,” the contractor told The Malaysian Insight.

Trader Murizan Mohammad said Anwar should live up to his promises when he becomes the Port Dickson MP and even prime minister.

“If he becomes prime minister. He has a responsibility to the people, especially those in Port Dickson who voted for him,” he said. – October 3, 2018, Malaysian Insight

Irwan Siregar’s 20 directorships: How effective can he be, asks DAP

Irwan-Siregar-dap

PETALING JAYA: The finance ministry recently confirmed that the country’s treasurer-general Mohd Irwan Serigar Abdullah is on the board of at least 20 government entities and government-linked companies (GLCs).

This has raised all sorts of questions, including if Irwan would be able to play his multifaceted roles effectively.

Another issue worth highlighting, as Seputeh MP Teresa Kok posed in her parliamentary question to the finance ministry in the Dewan Rakyat last week, was how much is Irwan being paid.
Teresa-Kok
Teresa Kok.
According to a high-ranking officer in a GLC, who spoke to FMT on  condition of anonymity, a non-executive director doesn’t usually receive a fixed salary.
They do however, receive monthly renumeration and allowances for among other things, the meetings they participate in, which usually take place every two or three months, said the officer.

The finance ministry did not reveal the amount paid to Irwan, but said that the payment is “in line with the responsibility and risk undertaken (by him) as a director”.

Kok, however, told FMT that some GLCs provide meeting allowances of up to RM3,000 per attendance.

DAP’s national publicity secretary Tony Pua on the other hand, said Irwan should be the one to disclose how much he is making from these directorships.

Though in principle, “if his position as a treasurer-general requires him to sit on the Board of the GLCs, then he should not be collecting fees from these companies”, Pua told FMT.

’20 is just too many’

While most people have no problem multi-tasking, some may say that taking on so much responsibility would stretch a person too thin.

“How can a person hold so many director posts? Being a secretary-general in a ministry he is already so busy. So how can he play his director’s role effectively in so many GLCs?” Kok asked.
Ramon-Navaratnam
Ramon Navaratnam
Ramon Navaratnam who served in the Treasury for nearly 30 years, expressed the same views.

He said 20 directorships are “just too many” and this, can ultimately affect Irwan’s ability to spend quality time and give sufficient attention to the issues brought to him.

“There should be a limit imposed for someone like the finance ministry secretary-general, who is fully involved in all government matters that have financial and economic implications.

“Which means the whole system,” he said to FMT.

Irwan was appointed as 1MDB chairman in May 2016. A year later he was made the head of Bandar Malaysia Sdn Bhd and TRX City Sdn Bhd, which are two of state-owned 1MDB’s ongoing projects.
On top of that, Irwan is the chairman of Retirement Fund Inc (KWAP) and the Inland Revenue Board. He also sits on the board of directors in Petronas, Khazanah Nasional, Lembaga Tabung Haji, Bank Negara Malaysia, as well as Malaysian Airline System Berhad (MAS), among others.

But with the troubles some of these companies are already in, placing a man with too many responsibilities at the very top of a score of decision-making committees may not be a wise decision.

Navaratnam agreed, and said the government’s failure to delegate is the reason for its major problems and leakages.

“There is inadequate scrutiny and supervision. And we’ve had many big elephants in the room on this matter, such as 1MDB.”

No checks and balances

Pua, who is also Petaling Jaya Utara MP, said the same.

“The bigger problem is the fact that these directorships are often treated as a cushy opportunity to collect easy fees as extra income.
tony-pua
Tony Pua.
“While I sat in the Public Accounts Committee since 2008, we have reviewed so many ministry officials in these GLCs who failed to perform any checks and balance in the board, to ensure that the government’s funds are properly utilised.”

The practice of placing politicians at the head of a GLC or government agency is not unusual with the ruling Barisan Nasional government.

These include among many others, Umno’s Baling MP Abdul Azeez Abdul Rahim who is the chairman of Lembaga Tabung Haji, Johor Bharu MP Shahrir Samad as chairman of Felda, and Lenggong MP Shamsul Anuar Nasarah, who is chairman of the National Higher Education Fund Corporation (PTPTN).

But with politicians helming the GLCs, the government may find it difficult to sincerely claim that it has practised good governance.

This is especially when one of the key elements to any successful administration is transparency.

“It will only be good governance if the officers appointed as directors perform their functions dutifully,” Pua said. -FMT News, 6/8/2017


Tuesday, November 13, 2018

Gajı Mınıma - Cepat sangat 'wakıl; pekerja surrender? Naikkan Gaji Minima khusus untuk majikan besar dan sederhana

RM1,500 - Ramaı percaya adalah bahawa Gajı Mınıma akan menjadı RM1,500-00 selepas Pakatan Harapan berjaya menumpaskan kerajaan UMNO-BN...[Harus kita akui kadar pembayaran pekerja am untuk sehari buat kerja bela pagar, dll yang tak ada skil pun lebih kurang RM60-70 sehari di Temerloh kini...justeru, kiraan gaji minima kini di Malaysia masih terlalu rendah)

Tetapı, selepas menang PRU14 - PH keluar kata ...janjı kıta dalam 5 tahun akan jadı RM1,500...hello, kamu salah dengar?

Selepas ıtu, Menterı Sumber Manusıa keluarkan perıntah gajı mınıma dı Semenanjung akan dınaıkkan RM50 pada 2019...

Ramaı membantah....ını tıdak adıl...mestı RM1,500..MTUC mahu RM1,800 Gajı Mınıma...

Selepas ıtu, Menterı PH tukar pendırıan  --- OK kıta tambah RM50...justeru Gajı Mınıma akan RM1,100 untuk semua pekerja dı seluruh negara...

Gajı Mınıma RM1,000 bermula tahun 2016...secara mınıma setıap tahu harus tambah kerana kos kehıdupan bertambah...ınflası.. Jıka pun. setıap tahun, gajı mınıma dıtambah RM50 - tahun 2017 akan jadı RM1050...tahun 2018 sudah jadı RM1,100 dan tahun 2019 akan jadı RM1,150...

JUSTERU, RM1,100 Gajı Mınıma adalah juga tak adıl (tambahan bıla Gajı Mınıma untuk Penjawat Awam perıngkat Nasıonal kını RM1,200) - Justeru. palıng rendah pun. gajı mınıma harus dınaıkkan kepada RM1,200..

Apa yang pelık adalah MTUC nampaknya gembıra dengan penetapan Gajı Mınıma pada RM1,100...MENGAPA?

Nampaknya kerana ada 'subsidi' untuk pengangkutan awam - tetapi bukankah ini hanya melibatkan pekerja Kuala Lumpur...pekerja Lembah Kelang dan mungkin juga pekerja bandar besar yang ada perkhidmatan. Adakah mereka di lain-lain bandar kecil.

Subsidi untuk gulungan miskin membantu bagus tetapi dari segi Gaji Minima ia harus tidak kacau kadar gaji Minima - subsidi hari ini ada dan tahun akan datang tak pasti.... Subsidi adalah wang rakyat - tetapi Gaji Minima adalah tanggungjawab majikan/perniagaan dan secara adil, tanggungjawab gaji minima cukup untuk hidup harus tanggungjawab majikan. 

Untung-rugi majikan adalah bergantung kepada majikan - cara mereka jalankan perniagaan. Jika pengecualian diberikan kepada majikan perniagaan kecil yang mendapatkan keuntungan kurang RM50,000 setahun, mungkin wajar - tetapi kini majikan untung tinggi pun beruntung bila hanya terpaksa bayar gaji minima RM1,000 - berapa kos pengangkutan harian, berapa kos makan, berapa kos sewa/bayar hutang pinjaman beli rumah? cukupkah RM1,000? - Saya fikir tidak... 

Bıla cakap pasal Gajı Mınıma - ıa bukan ısu besar untuk ramaı pekerja kerana mereka sudah lama menıkmatıu gajı lebıh darıpada Gajı Mınıma ...PERSOALAN kını adalah berapa orang pekerja dı Malaysıa yang kını menerıma gajı MINIMA - Jawapan ını boleh dıberıkan segera oleh Menterı Sumber Manusıa kerana semua majıkan kena daftar pekerja, kena bayar KWSP,  kena bayar SOCSO, dll... oleh kerana ıtu, Menterı Sumber Manusıa boleh segera dedahkan apakah pendapatan semua pekerja dı Malaysıa

BERAPA ramaı pekerja yang akan beruntung dengan kenaıkkan gajı mınıma? Inı soalan pertama.

SOALAN KEDUA lebıh pentıng 
- Berapa jumlah wang yang dıperlukan oleh seorang pekerja ındıvıdu hıdup dı Malaysıa pada harı ını?
- Berapa jumlah wang yang dıperlukan seorang pekerja yang mempunyaı pasangan dan satu nak untuk hıdup dı Malaysıa?

POVERTY LINE INCOME - Apakah garıs kemıskınan dı Malaysıa - Bıar munasabah? 

Jangan lupa gaji asas Ahli Parlimen(wakil rakyat), tanpa kira elaun tambahan, setiap bulan adalah RM16,000 - justeru, gaji minima harus berapa? Mengikut pendapat saya, Gaji Minima paling kurang harus 10% gaji asas MP kita 


Minimum wage increase: Employers unhappy, workers give thumbs up


Bernama pic
PETALING JAYA: Employers, as expected, are unhappy with the new minimum wage rate announced yesterday, but employees, also as expected, welcome it.

While the Malaysian Employers Federation (MEF) today criticised the “sudden” increase to RM1,100 per month and a lack of inconsistency, the Malaysian Trades Union Congress (MTUC) welcomed it but said it could have been higher.

MEF executive director Shamsuddin Bardan was unhappy with the government for suddenly announcing the new minimum wage rate without consulting stakeholders as it put a lot of burden on the employers.

“The announcement is made less than two months after the last announcement on minimum wage in September. Now, we are not sure of what is going to happen; the government may announce another new rate in the nearest time.
“For businesses, we need consistency and also finality, we cannot have this kind of thing, as it is not good for investments to come in,” he told FMT.

The government announced the new minimum wage of RM1,100 per month for the whole country starting Jan 1 in its first budget tabled in Parliament yesterday.

In September, Putrajaya had fixed the new minimum wage nationwide at RM1,050 or RM5.05 sen per hour and had said it would take effect from Jan 1 next year.

Shamsuddin said the government should be firm and consistent in making any decision as otherwise, it would erode the confidence of investors.

“It’s a surprise for us and will create a bad precedent because the government can’t just make announcements like that without consulting with us. A firm policy is needed rather than a flip-flopping decision.”

He said the employers might have no choice but to abide by it, adding that he was more concerned for employers in Sabah and Sarawak.

“This will hurt them the most, they may not be ready for it. ‘

Meanwhile, MTUC secretary-general J Solomon, in welcoming the new minimum wage rate said that it was, however, not the amount they had proposed.

“We will accept the effort of the government for now. In return we hope the government will appreciate the goodwill from us and will set a more acceptable minimum wage amount in the next review.”

He also voiced appreciation to the government for taking into account the needs of Malaysians in the B40 group.

He said the overall allocation for the B40 would assist this vulnerable group.

“The government has given consideration to the needs and the voices of the poor workers and we welcome it and it is now for the employers to meaningfully contribute their social obligations to the B40 and the M40 in addition to what the government has given.”

Meanwhile, PSM’s Michael Jeyakumar also praised the government’s effort to increase the minimum wage, adding that it would help the B40 groups especially.

“Although the hike is RM50, but it is better now that it is increasing.” - FMT News, 3/11/2018

Friday, November 09, 2018

Syed Saddıq Mınıstry gets RM1 Bıllıon - Wıll he gıve us publıc sports facılıtıes OR use ıt for some new 'youth braınwashıng'?

Syed Saddiq Syed Abdul Rahman  Ministry got RM1 billion - What wıll he do? Wıll he just follow the old UMNO-BN way ...and is even talking about a new 'National Service' and keeping that Biro Tata Negara

National Service in many countries was for the purpose of providing the people military training so their services could be drawn upon in times of need...but in Malaysia, there has always been a concern about providing certain arms training to 'certain' groups of Malaysians....so under UMNO-BN, the National Service and the BTN(Biro Tata Negara) was believed to be just another ,Project, wıth possıbılıtıes of makıng money? Or was ıt used to 'cuci otak' to get people to thınk the way UMNO-BN wanted them to thınk Anyway, a lot of money...

It ıs disappointing that Syed Saddıq ıs tryıng to sımply brıng ın a new kınd of NS - youth development program. WHY? ...the new youth programme is to instill a strong sense of patriotism, nation building, critical thinking, and development skills. 

SYED SADDIQ, all these should have been done ın schools ...Crıtıcal thınkıng should be encouraged always...but ıs your own polıtıcal party OK wıth thıs - Remember some of your own party members got ınto trouble for askıng questıons and beıng crıtıcal...?

REALLY, all these leadership training,etc should be done in the schools - and, it should come under the Education Ministry. Let's be teachıng ın schools about human rıghts, worker rıghts..about actıng to protect and promote human rıghts and justıce...Let's teach our chıldren about peaceful assembly ...Let's teach them that havıng and expressıng an opınıon dıfferent from the government ıs OK?

Encourage  schools to organise and have leadership training, human rights training ...{Yes, SUHAKAM will go to the schools and provide Human Rights Training...]. Leadership skills, values. principles and even 'nationalism' should be done at the schools. Funds should be allocated for each and every school to have such 'leadership camps', etc - especially for the schools that have 'poorer' students. Rich parents would be able to fork out money for such 'leadership camps').

PUBLIC SPORTS FACILITIES for all Malaysıans everywhere - that should be the focus...Najıb and UMNO-BN focussed on KL and Klang Valley - and forgot about the rest of Malaysıa?? 

SPORTS MINISTER - Well, for one, he should try to get public sports facilities in every town...nothing fancy...Swimming POOLs with also diving facilities - then we will be generating new swimmers and divers from Bera, Pasir Mas, Temerloh...now these facilities are available only in Klang Valley and maybe the bigger towns...

SQUASH courts (public) - well, then we can have Nicole Davids from Temerloh, Kemaman, Port Dickson..

Cycling velodromes ....Publics Basketball, Sepak Takraw, ...

Our Minister need to travel around Malaysia, and see that many places do not have public sports facilities ...which public can have access...DO THIS?

Some schools have football fields, badminton courts -- last time, schools allowed outsiders to use the fields to play football when the school was not using it...BUT UMNO_BN stopped access to the publics..

In many town, there is even no football field/s that people can go every evening after work and play....{Stadiums were built - but the ordinary man in the street cannot have access to simply play football in the evenings?]

So, public sports facilities should be the priority of this MINISTER - no need to spend money training future Prime Ministers and CEOs...that could be done by others, not the Government...

SPORTS IS A USEFUL WAY TO BRING ABOUT 'YOUTH DEVELOPMENT' - It can buıld comraderıe and frıenshıp amongst people of dıfferent ethnıcıtıes, class backgrounds and relıgıo-cultural groups - Leadershıp skılls are also buılt..

SO - do not waste money for 'BIG' projects or some unnecessary attempts to 'cucı otak' the youth of Malaysıa programs lıke a new re-branded 'Natıonal Servıce' - use the BILLION to make available publıc sports facılıtıes ın all towns ın Malaysıa... and maybe have sports competıtıons, etc 

NO MORE ATTEMPTED BRAIN WASHING OF THE YOUTH OF MALAYSIA  


Youth development gets lion’s share of RM1bil allotment

KUALA LUMPUR: The RM1bil allocated to the Youth and Sports Ministry under Budget 2019 will not be just for sports, said minister Syed Saddiq Syed Abdul Rahman (pic).

He said apart from the RM100mil set aside for the preparation of athletes to the 2020 Tokyo Olympics and the RM10mil for the development of e-Sports, the balance of the RM1bil would be spent on youth development.

“Yes, the amount received is RM1bil but it’s not for sports alone but for all. As mentioned before, the National Civics Bureau (BTN) and the National Service (NS) Training Prog­ramme have been included under the ministry and so there is a need for a higher allocation,” said Syed Saddiq.

“The Ministry also has several new programmes coming up such as the ‘Malaysian Future Leaders School’ where we train the best young talent to one day become prime minister, minister, chairman or chief executive officer of renowned companies,” he said after witnessing the signing ceremony of a cooperation agreement between Sepang International Circuit (SIC) and Yamaha yesterday.
Asked about the allocation for preparing athletes for next year’s SEA Games in the Philippines, he said the matter would be discussed at the coordination meeting soon.

“But it could come from the overall allocation of the ministry,” he added.

The Budget 2019 tabled by Finance Minister Lim Guan Eng on Friday saw a 25% rise in allocations to agencies such as the National Sports Council, Natio­nal Sports Institute and the State Youth and Sports departments. — Bernama - Star, 4/11/2018

New youth development programme cheaper than National Service


Minister of Youth and Sports Syed Saddiq Syed Abdul Rahman youth programme that will replace the National Civics Bureau (BTN) and National Service programmes will cost around RM70 million, cheaper than the latter programmes. — Picture by Azneal Ishak
Minister of Youth and Sports Syed Saddiq Syed Abdul Rahman youth programme that will replace the National Civics Bureau (BTN) and National Service programmes will cost around RM70 million, cheaper than the latter programmes. — Picture by Azneal Ishak
KUALA LUMPUR, Oct 22 — The youth programme that will replace the National Civics Bureau (BTN) and National Service programmes will cost around RM70 million, cheaper than the latter programmes, Syed Saddiq Syed Abdul Rahman said today.

The youth and sports minister said the ministry was collaborating with sovereign national wealth fund Khazanah Nasional Berhad, accounting firm Ernst & Young, and Outward Bound School to create the youth leadership programme modules, but did not elaborate further on the programme.

“It costs RM82,000 to train one PLKN (National Service) trainee but under the youth leadership programme, it will cost substantially lower,” said Syed Saddiq in a media conference  after launching a United Nations Population Fund report here today.

He also emphasised that the youth leadership programme would be free from political indoctrination unlike the BTN.

The BTN programme was viewed as a tool for political indoctrination of the previous Barisan Nasional (BN) government.

Syed Saddiq said the focus of the new youth programme is to instill a strong sense of patriotism, nation building, critical thinking, and development skills.- Malay Mail, 22/10/2018


Thursday, November 08, 2018

Najib do not have to spend time in prison awaiting trial - but about 17,000 have to? NOT JUST? REFORMS needed.

Najib, Rosmah, Musa Aman, Irwan were rich enough to post bail and walk off without having to spend any time in prison as remand prisoners until their trial( and subsequent appeal) was over. BUT...

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

In 2017, statistics suggest that 29.8%(17,663) of those in Malaysian prisons are 'pre-trial/remand prisoners - How long will they have to spend in prison? And, if they are found to be innocent after their trial, a GREAT INJUSTICE. In Malaysia, there is even NO CRIMINAL COMPENSATION scheme, that will mean people who have 'wrongly deprived of their liberty' will receive some form of monetary compensation...Maybe, we should have this scheme.

In detention, what happens to their families and this include children? 

Now after sometime in detention, these 'innocent' people will readily be willing to even plead guilty even if innocent to just get out of prison. Some may even be in prison for a period longer than what their sentence would be?

FREE all those who have yet to be found guilty, convicted and sentenced - our BAIL procedures need to be reviewed,


Bail has been set at RM2mil in the trial of Datin Seri Rosmah Mansor who has pleaded not guilty to 17 charges of money laundering involving about RM7mil at the Sessions Court here Thursday (Oct 4).
Former premier Datuk Seri Najib Tun Razak has settled his RM3.5mil bail imposed by the Sessions Court for 25 charges of graft and money laundering linked to 1Malaysia Development Bhd (1MDB)

Datuk Seri Ahmad Zahid Hamidi was released from custody at about 12.50pm today, after paying the first instalment of his RM2 million bail imposed by the Sessions Court.

Najib Razak and former treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah were charged at the Sessions Court here today with six counts of criminal breach of trust (CBT) involving over RM6.6 billion of government funds. The court allowed RM1 million bail in two sureties to each accused and ordered for them to surrender their international and diplomatic passports to the court.

TOO many POOR people are languishing in jail in Malaysia even before their trial is over, even before being convand even before they are sentenced.

In 2017, statistics suggest that 29.8%(17,663) of those in Malaysian prisons are 'pre-trial/remand prisoners - and this is shocking and most unjust...

Now, remember that everyone is PRESUMED INNOCENT UNTIL PROVEN GUILTY in a court of law...hence, 29.8% of 'innocent' persons are languishing in prison...waiting for their trial to end..

A Guilty person is more likely to 'PLEAD Guilty' for a plea of guilt will result in lowering the sentence significantly...so those, who choose to 'plead not guilty' may really be innocent?

Of course, those facing the death sentence have no such option - their plea of guilt will not be accepted - and trial will go on. The reason is to be SAFE - as courts want to be very confident convicting anyone, who if convicted, will be sentenced to DEATH - but how many of such cases could there be? 

So, majority may be there just because they cannot afford to pay 'BAIL', and have no one willing or with the capacity of posting Bail.

BAIL in Malaysia - If the bail is set at RM10,000 - you need to have this RM10,000, put it into a bank account, from which you cannot take out, until the trial is OVER. In a country where the Minimum Wage is RM1,000, how many people can set aside that much cash for Bail for another....and there is a RISK if the said accused runs away, you lose it all...

Maybe the BAIL BOND system should be introduced - that allows one to use their house, land, other assets as security rather than CASH only...

OR maybe, the Bail amount need to be reduced - taking into consideration the economic situation of the accused and their families/frien

WHY HAS THE MALAYSIAN PRISON POPULATION SO HIGH? WHY DID IT RISE SO MUCH SINCE 2002 DURING THE TIME PAK LAH, AND THEN NAJIB WERE PRIME MINISTER?  

What is shocking, is that the number of people in prison has rose significantly from 2002 until now... Badawi was Prime Minister from 2003 until 2009, and thereafter Najib was Prime Minister until GE14....

In 2002, it was 116 out of every 100,000 persons in Malaysia that were in prison. In 2016, it is 180 out of every 100,000 in prison?

Do we not have sufficient Judges to have speedy trials? 

OR is the increasing prison population because of some 'corrupt practice' - those who supply food could be making a lot of money? 

Something very wrong when our Malaysian prison population is so high....and our pre-trial/remand prisoners make up about 30% of the prison population..

Cost per prisoner is about RM35-RM40 per day - much monies can be saved with a lower prison population... A minimum wage worker has so much less to sustain himself/herself and family?

 

 

 

Pre-trial/remand prison population: trend

The table below gives an indication of the recent trend in the pre-trial/remand prison population. The final row shows the latest figures available.

It consists of the number of pre-trial/remand prisoners in the prison population on a single date in the year (or the annual average) and the percentage of the total prison population that pre-trial/remand prisoners constituted on that day.

The final column shows the pre-trial/remand population rate per 100,000 of the national population.

                                                    MALAYSIA
Year
Number in
pre-trial/remand
imprisonment
Percentage
of total
prison population
Pre-trial/remand
population rate
(per 100,000 of
national population)
2000
2005
2010
7,744
13,352
10,472
29.8%
37.5%
27.3%
33
52
37
2017
17,663
29.8%
57
It should be noted that the number of pre-trial/remand prisoners fluctuates from day to day, month to month and year to year. Consequently the above figures give an indication of the trend but the picture is inevitably incomplete.
The pre-trial/remand population rate is calculated on the basis of the national population total. All national population figures are inevitably estimates but the estimates used in the World Prison Brief are based on official national figures, United Nations figures or figures from other recognised international authorities. 

Female prison population: trend

The table below gives an indication of the trend in the female prison population. The final row shows the latest figures available.
It consists of the number of female prisoners in the prison population on a single date in the year (or the annual average) and the percentage of the total prison population that female prisoners constituted on that day.
The final column shows the female prison population rate per 100,000 of the national population.
                                                   MALAYSIA
Year
Number of
female
prisoners
Percentage
of total
prison population
Female prison
population rate
(per 100,000 of
national population)
2000
2005
2010
1,246
2,322
2,544
4.8%
6.5%
6.6%
5.3
8.9
9.0
2017
4,254
7.2%
13.7
The number of female prisoners fluctuates and so the above figures give an indication of the trend but the picture is inevitably incomplete.
The female prison population rate is calculated on the basis of the national population total. All national population figures are inevitably estimates but the estimates used in the World Prison Brief are based on official national figures, United Nations figures or figures from other recognised international authorities.
(If the rate were calculated on the basis of the number of females in the national population it would of course be approximately double the figure in the final column).

Wednesday, November 07, 2018

Suhakam wants more govt commitment on human rights issues at United Nations - UPR Malaysia 8/11/2018

Under UMNO-BN, Malaysia failed to ratify many core UN human rights Conventions, and also ILO conventions. Will we see a NEW Malaysia now more committed to human rights and justice...
 
 

Suhakam wants more govt commitment on human rights issues at United Nations

PETALING JAYA: The Pakatan Harapan Government should show genuine commitment to human rights issues at the United Nations’ Universal Periodic Review (UPR) in Geneva this week, after the Foreign Affairs Ministry had failed to do so in the last two cycles.
 
The Human Rights Commission of Malaysia (Suhakam) chairman Tan Sri Razali Ismail (pic) said that the ministry has not seized the opportunity to adopt a comprehensive and people-centric approach to the UPR and human rights issues despite having the mandate to uphold the country’s international standing.

“The inter-ministerial coordinating and tracking committee for the UPR suggested by Suhakam for the last four and a half years has not been set up.

“It is vital for the coming years to (enhance) the depth, knowledge and commitment of those dealing with human rights issues in the Government.

“We are not convinced about the competence and commitment of those dealing with human rights, as well as the civil service in the overall Government structure,” he said in a statement Monday (Nov 5).

This is the third UPR, as the second one will end this year. Each UPR is for four-and-a-half-years.

Razali said the Malaysian delegation will appear before the Human Rights Council on Nov 8 (Thursday) at 2.30pm Geneva time.

“Suhakam will be present in Geneva like it has in previous cycles.

“Back home, we will co-host a live screening of the review at Co. Bangsar at 9pm Malaysian time,” he said.

Razali noted that Malaysia’s human rights performance will face intense scrutiny during the review.

“Therefore, this is an opportunity for the Government to inform the international community of the human rights situation in Malaysia and its plans to improve.

“The new government has invigorated opportunities to comprehensively address longstanding human rights issues in the country, and a chance to present genuine commitments to human rights.

During the UPR, each member country will be given one minute and five seconds to give their feedback on Malaysia’s performance since the first review in 2009 and to offer their respective proposals.

“With the changed political circumstances in Malaysia, Suhakam hopes that the Government will respond thoroughly to the recommendations for the genuine progress of human rights, leaving no one behind,” added Razali.

He also noted that Suhakam is equally concerned about the lack of commitment of the media on human rights, despite them being in a better position to join hands to reshape the understanding of human rights in the society. - Star, 5/11/2018
 

Media Statement – 3/11/2018
MALAYSIA, MAKE US PROUD AT UPCOMING UPR ON 8 NOVEMBER 2018 BY DEMONSTRATING NEW GOVERNMENT’S COMMITMENT TO HUMAN RIGHTS, JUSTICE AND RULE OF LAW

-Abolish Death Penalty, Repeal Detention Without Trial Laws, Repeal SOSMA, Sedition Act,…-

Malaysia’s Universal Periodic Review(UPR) in Geneva will happen during the session beginning on 8 November 2018,  which MADPET(Malaysian Against Death Penalty and Torture) and possibly many others will see Malaysia, under a new PH government, being more open and ready to accept recommendations, and make positive commitments, even agreements, to ensure greater human rights, justice and Rule of Law in Malaysia.

The Universal Periodic Review(UPR) is a process where Malaysia’s human rights record will be reviewed by other UN member states, who will also make recommendations on what Malaysia should do to improve its state of human rights, justice and rule of law.

The UPR process, under the auspices of the Human Rights Council, also gives opportunities to Human Rights Defenders and Civil Society an opportunity to submit reports, arguments and even recommendations. Many, including MADPET, would have done so and tried to lobby other countries to highlight human rights failings, to urge Malaysia to be more committed to human rights and Rule of Law in accordance to universal standards.

Now, this UPR process leading to the actual face to face session of review of Malaysia in a few days, began when Malaysia was then governed by the previous Barisan Nasional(BN) government that obviously had little regard to human rights, justice and rule of law.

Malaysia, in the past, has even avoided ratifying or being a signatory to many of the fundamental  UN human rights convention.

CORE HUMAN RIGHTS CONVENTIONS THAT MALAYSIA YET TO RATIFY

Being a member of the United Nations, Malaysia accepts the Universal Declaration of Human Rights(UDHR), but to date have failed to ratify or sign the International Covenant on Civil and Political Rights(CCPR), International Covenant on Economic Social and Cultural Rights(CESR). Without the ratification/signing of the CCPR and CESR, there is really not a clear proclaimed commitment to the principles of human rights found in the UDHR.  

Now, that Malaysia has decided on the abolition of the death penalty, there is also no more reason for Malaysia not to ratify/sign the Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming Towards the Abolition of the Death Penalty(CCPR-OP2-DP);

Malaysia has also yet to ratify important UN Conventions like the Convention Against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment(CAT) and the Optional Protocol of the Convention Against Torture; Convention for the Protection of All Persons From Enforced Disappearance(CED); International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families(CMW)

To date, Malaysia has only signed on very few of the fundamental human rights convention being the Convention on the Elimination of All Forms of Discrimination on Women (CEDAW), Convention on the Rights of the Child(CRC) and the Convention on the Rights of Persons with Disabilities(CRPD). Malaysia also ratified/signed certain Optional Protocols relating to the Rights of the Child.

Many a country has ratified many Human Rights Conventions and/or Treaties, but alas have failed to practice what they have agreed to. It is a basic principle of international law that a State party to an international treaty must ensure that its own domestic law and practice are consistent with what is required by the treaty.

ONCE RATIFIED/SIGNED, UN CONVENTIONS MUST BECOME PART OF MALAYSIAN LAW IMMEDIATELY

In some countries, once it is ratified at the international level, the Convention may automatically form part of national law. In other words, the Convention would be directly enforceable by national courts and other implementing authorities.

In some other countries, the legislature might have to adopt an act of ratification at the national level. This may have the effect of incorporating the convention into domestic law.  

Malaysia should pass a law that ensure that any Convention once ratified/signed, shall automatically form part of national law.

Alternatively, In Malaysia, this may be done by the tabling of a Bill in Parliament to adopt and accept the contents of the each and every Convention ratified/signed by Malaysia as part of national law. This will be more tedious as it requires separate Bills to be tabled every time a new Convention is ratified/signed.

MADPET believes this is best, compared to the old BN government practice of amending all relevant legislations to ensure compliance with the principles and contents of the Convention already ratified/signed by Malaysia.

CEDAW, for example, was ratified/signed in 1995, but the process of amending so many different legislations to make it to be in compliance with the principles and content of CEDAW has taken far too long – we are still not sure whether all relevant Malaysian law has been amended to be in line with CEDAW. Same situation with the CRC.

If however, CEDAW was incorporated into Malaysian law by an Act of Parliament, then if in court, any provision of some existing law is found not in compliance with CEDAW,  judges could simply reject such laws or the use of it on grounds that it is inconsistent with CEDAW.

This adoption of a Convention as part of Malaysian law by Parliament enables our judges and courts to immediately consider the arguments that certain provisions in certain written laws and past judgments  are in fact in contradiction with the relevant United Nations Conventions that Malaysia has already ratified/signed.

At the same time, existing legislation will be amended to be in compliance with the UN Convention Malaysia ratified/signed. Even if the courts later discover some provision in some law that is not consistent with a Malaysia ratified/signed UN Convention, no injustice if Malaysia has already by law made the Convention part of Malaysian law. The odd law, discovered by court, to be non-compliant could then be simply amended in the upcoming Parliamentary session.

MADPET hopes that this new Malaysian government will take the position of immediately passing laws recognising and accepting UN Conventions ratified/signed by Malaysia to be part of Malaysian law.

The UPR process commenced when Malaysia was still governed by the UMNO-BN government, and as such things would have changed under this new Pakatan Harapan-led government, under Prime Minister Mahathir Mohamad, who is seen as being more committed to justice, human rights and the rule of law. There is, as such, a lesser need to push Malaysia vide recommendations and lobby, as this new alternative government would definitely do the needful to ensure that there is greater justice, human rights and rule of law in Malaysia.

The call to abolish death sentences and protect the rights of the indigenous people were the top two recommendations given to Malaysia by most United Nations members at the last UPR of Malaysia in October 2013(Malay Mail, 25/10/2013) – but following recent Cabinet decision to abolish the death penalty, and the assurance that the relevant Bills will be tabled in the current Parliamentary session that will end on 11/12/2018, UN member nations and others may likely use their limited about 3-minute intervention to make recommendations in other areas of human rights.

MADPET calls on Malaysia to take this upcoming UPR  as an opportunity to commit to ratifying/signing all outstanding fundamental human rights including Convention Against Torture and the covenants to the Universal Declaration of Human Rights(UDHR) including the International Covenant on Civil and Political Rights Aiming Towards the Abolition of the Death Penalty(CCPR-OP2-DP);

MADPET also calls on Malaysia to immediately put into effect the policy that ratified/signed UN Conventions are immediately made part of Malaysian law, which could be done speedily by an Act of Parliament rather than present practice of slowly amending various legislations which delays application and reliance on principles and values in Malaysia ratified/signed UN Conventions;

MADPET urges Malaysia to expedite the passing of Acts of Parliament that will abolish the death penalty, and also those draconian Detention Without Trial Laws;

MADPET also urges that the Sedition Act and other draconian provisions in laws affecting freedom of expression, opinion, media and peaceful assembly be repealed so that all in Malaysia can effectively begin to experience such human rights, which have been long denied by the former UMNO-BN regime.

MADPET urges that government will makes Malaysians proud during the UPR of Malaysia by a demonstration of the highest commitment to human rights, justice and Rule of Law.


Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)