Monday, January 16, 2017

MADPET Urges USA To Immediately Release 2 Malaysians Being Detained Without Trial For Over 10 Years In Guantanamo Bay Detention Centre



Media Statement – 16/1/2017

MADPET Urges USA To Immediately Release 2 Malaysians Being Detained Without Trial For Over 10 Years In Guantanamo Bay Detention Centre

MADPET (Malaysians Against Death Penalty and Torture) is shocked to find out that 2 Malaysians have been subjected to detention without trial for allegedly over 10 years in the United States of America’s infamous detention facility in Guantanamo  Bay in Cuba.(FMT News,8/1/2017). Mohd Farik Amin and Mohammed Nazir Lep  have been allegedly detained for about 10 years and 4 months, for allegedly being involved in the 2003 bombing of the JW Marriott Hotel in Jakarta, which killed 12 and injured 150 others.

Article 10 of the United Nations Declaration of Human Rights clearly states that, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.". Everyone have the right to be presumed innocent until proved guilty according to law.

It must be pointed out that these 2 Malaysians were amongst the Guantanamo detainees who had been recommended for prosecution by the Guantánamo Review Task Force as of January 2010. But sadly, after almost 7 years, they have yet to be granted their fundamental right to a fair trial.

It is said that the Guantanamo Bay detention facility is controlled by the US military, but not actually part of the country and therefore not subject to US laws. There have been allegations of torture, and also deaths in custody at this detention facility. President Obama, when he became President promised that he will close down this facility, but alas it still remains open.

MADPET is of the opinion that all persons currently detained without trial should be immediately and unconditionally released. It is unconscionable and unjust for persons to be detained without trial, and in the case of these 2  Malaysians, it has been more than 10 years.

Malaysia should have been protesting the detention without trial of any Malaysian, who have been denied their right to fair trial. The failure to come to the aid and assistance is a failure on the part of the government.

Malaysia should certainly not support the justification forwarded by foreign nations to detain without trial, and/or to torture Malaysians. As such, it is most sad that the Malaysian police seems to be now justifying the 10 year plus detention without trial of Malaysians by the US.

MADPET is also disturbed by statements allegedly made by Malaysian police counter-terrorism chief, Ayob Khan Mydin Pitchay, which maybe an attempt to convince the Malaysian public the reason for the detention without trial, and maybe also the failure of the Malaysian government to come to the assistance of these Malaysians overseas – victims of denial of right to a fair trial.

Amongst others, Ayob Khan was quoted saying, ““They are high-ranking members with a great deal of influence. There is a high possibility they might return to their militant ways and join other groups, especially the Islamic State,”.  It may be of interest to know whether the Malaysian police’s view is based on their own investigation, or simply an acceptance of what the US detaining authority told them. Are there even attempts by the Indonesian government to get these 2 Malaysians to be charged and tried in Indonesian courts for their alleged crimes related to the bombing in Jakarta?

The police officer’s, public prosecutor’s and/or the government’s belief in the guilt or innocence is irrelevant because no one is guilty unless tried and convicted after a fair trial.

If they have broken laws in Malaysia, then they must forthwith be brought back, charged in court and tried. If they have not broken any Malaysian laws, then, of course, Malaysia will have no justification to arrest or detain them on return to Malaysia. Continued detention without trial in Malaysia is not acceptable.

The said media report indicated that  ‘…Ayob said that if the two were transferred back to Malaysia, they would be placed in the de-radicalisation programme, which has been proven to be effective…’. There also was a similar suggestion made earlier ‘…last September, deputy prime minister Ahmad Zahid Hamidi said Nazir might be transferred to Malaysia but he would have to continue the de-radicalisation programme in jail…’

MADPET is extremely concerned about what is meant by this ‘de-radicalisation programme in jail’, and hope that Malaysia is not proposing detention under trial under POCA(Prevention of Crime Act), POTA(Prevention of Terrorism Act) or some other Detention Without Trial law.

This is unacceptable and MADPET reiterates that Malaysia must abolish all detention without trial laws, and immediately release all those currently being detained and/or being subjected to restrictions by virtue of these draconian POCA and/or POTA.

Therefore, MADPET

Calls on the United States of America(USA) to immediately release Mohd Farik Amin, Mohammed Nazir Lep,any other Malaysians and others currently being detained without trial in Guantanamo Bay Detention facility and other detention facilities in or under the control of the USA.

Call on the Malaysian government to do the needful to ensure that human rights of Malaysians, including the right to fair trial, of those currently being held in Guantanamo Bay Detention facility and detention facilities overseas are always respected and protected;

Reiterate our call on Malaysia to immediately repeal the Prevention Of Crime Act 1959(POCA), Prevention Of Terrorism Act 2015(POTA)    any such Detention Without Trial laws; and

Reiterate our call for the immediate and unconditional release of all persons currently being detained/restricted under Prevention Of Crime Act 1959(POCA) or any such Detention Without Trial laws.

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

*****

Will Obama send Malaysia terror accused home?

FMT Reporters
 | January 8, 2017 
Malaysia doesn't recognise the US court's authority on them and the Americans have their concerns with the law here so it'll be difficult, say sources.

camp-delta 

PETALING JAYA: Two Malaysian militants held in Guantanamo Bay, the United States’ infamous military prison in Cuba, are unlikely to be among the 22 detainees transferred back to their home or other countries, reported a local portal.

According to The Star Online, intelligence sources said the “long and difficult” transfer process meant it was unlikely that Mohd Farik Amin aka Yazid Zubair, and Mohammed Nazir Lep aka Bashir Lap, would be sent to Malaysia.

Farik and Nazir reportedly had a role to play in the 2003 bombing of the JW Marriott Hotel in Jakarta, which killed 12 and injured 150 others.

Before this, Daily Mail reported that outgoing US President Barrack Obama was planning to transfer 22 detainees before Jan 20, the date Donald Trump will be sworn in.

The targets for release were reportedly those who have been detained for more than 10 years — and both Farik and Nazir have been there for 10 years and four months.

But intelligence sources The Star Online spoke to ruled out the two being transferred back to Malaysia.

“It is a long and difficult process. Both countries must agree on the method of transfer and a suitable location, as well as duration to hold these prisoners in Malaysia,” the source told The Star.

It is understood that the US government was seeking to charge and sentence Farik and Nazir in a US military court but have the remainder of that prison term served in Malaysia.

Another source said the problem with this was that Malaysia didn’t recognise the military court’s authority and that the US didn’t agree with the Prevention of Crime Act, which Malaysia may use to detain the two.

Malaysian police counter-terrorism chief, Ayob Khan Mydin Pitchay said Farik and Nazir posed a high level of danger, given their involvement in international militant organisations, al-Qaeda and Jemaah Islamiah.

He said Farik was an explosives expert, while Nazir specialised in hijacking American interests in the region.

“They are high-ranking members with a great deal of influence. There is a high possibility they might return to their militant ways and join other groups, especially the Islamic State,” said Ayob, who is Bukit Aman Special Branch Counter Terrorism Division head.

In recent times, a number of Malaysians have left the country to join Islamic State in Iraq and Syria, with some even becoming suicide bombers.

Authorities in Malaysia have voiced concerns about returning militants attempting such activities here.
Ayob said that if the two were transferred back to Malaysia, they would be placed in the de-radicalisation programme, which has been proven to be effective.

Last September, deputy prime minister Ahmad Zahid Hamidi said Nazir might be transferred to Malaysia but he would have to continue the de-radicalisation programme in jail. - FMT News, 8/1/2017

****


Citizens of Malaysia

Two citizens of Malaysia have been held at Guantánamo. The detainees include Zubair (Mohd Farik Bin Amin) and Lillie (Mohammed Nazir Bin Lep).
NameCitizenshipStatus2010 Task Force Determination
Lillie (Mohammed Nazir Bin Lep) Malaysia Held Recommended for prosecution
Zubair (Mohd Farik Bin Amin) Malaysia Held Recommended for prosecution




Source:-

Malaysia digesa berusaha bawa pulang 2 tahanan Guantanamo (FMT)

See related post, with additional resources - 

MADPET Urges USA To Immediately Release 2 Malaysians Being Detained Without Trial For Over 10 Years In Guantanamo Bay Detention Centre

Malaysia digesa berusaha bawa pulang 2 tahanan Guantanamo

FMT Reporters
 | January 16, 2017 
Mohd Farik Amin dan Mohammed Nazir Lep ditahan lebih 10 tahun tanpa bicara.

camp-delta


PETALING JAYA: Sebuah pertubuhan tempatan yang menentang penggunaan seksaan ke atas tahanan menggesa Malaysia berusaha membawa pulang 2 warga Malaysia yang ditahan tanpa bicara lebih 10 tahun di pusat tahanan Teluk Guantanamo.

Kumpulan Rakyat Malaysia Bantah Hukuman Bunuh dan Seksaan (Madpet) berkata Mohd Farik Amin @ Yazid Zubair dan Mohammed Nazir Lep @ Bashir Lap, yang dituduh sebagai dalang serangan bom 2003 ke atas Hotel JW Marriott di Jakarta, perlu diberikan peluang membuktikan diri mereka tidak bersalah menerusi perbicaraan mahkamah, atau dibebaskan.

Teluk Guantanamo dijadikan pusat penempatan tahanan mewakili beberapa negara yang dituduh Washington sebagai terlibat dalam serangan keganasan, dan tidak terikat dengan undang-undang Amerika Syarikat disebabkan ia terletak di Cuba.

Ia diselubungi kontroversi berikutan pendedahan tahanan diseksa. Presiden Barack Obama berjanji menutup pusat tahanan itu, tetapi sehingga kini ia masih dibuka walaupun hanya beberapa hari Obama akan melepaskan jawatannya.

Sebelum ini, dilaporkan Farik dan Nazir bukan antara kira-kira 20 orang tahanan Guantanamo yang bakal dipindahkan ke penjara AS menjelang hari terakhir Obama pada 20 Januari.
Pengarah Bahagian Counter Terrorism Cawangan Khas Bukit Aman, Datuk Ayob Khan Mydin Pitchay dilaporkan berkata kedua-dua mereka berbahaya, dan memberi amaran pasangan itu boleh mengulangi aktiviti keganasan mereka sekiranya dibebaskan.

“Adakah pendirian polis Malaysia ini berdasarkan siasatan mereka sendiri atau penerimaan apa yang diberitahu kepada mereka oleh pihak berkuasa AS?” soal pengerusi Madpet, Charles Hector dalam kenyataannya.

Beliau mempertikaikan sama ada wujud usaha kerajaan Indonesia membawa mereka ke muka pengadilan atas tuduhan terlibat dalam serangan bom di Jakarta.

Charles berkata kerajaan Malaysia juga perlu memperjelaskan tuduhan ke atas mereka, dan sekiranya tidak ada bukti, mereka perlu dibebaskan. - FMT News, 16/1/2017


Kenyataan Penuh/Full Statement

Media Statement – 16/1/2017


MADPET Urges USA To Immediately Release 2 Malaysians Being Detained Without Trial For Over 10 Years In Guantanamo Bay Detention Centre


MADPET (Malaysians Against Death Penalty and Torture) is shocked to find out that 2 Malaysians have been subjected to detention without trial for allegedly over 10 years in the United States of America’s infamous detention facility in Guantanamo  Bay in Cuba.(FMT News,8/1/2017). Mohd Farik Amin and Mohammed Nazir Lep  have been allegedly detained for about 10 years and 4 months, for allegedly being involved in the 2003 bombing of the JW Marriott Hotel in Jakarta, which killed 12 and injured 150 others.


Article 10 of the United Nations Declaration of Human Rights clearly states that, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.". Everyone have the right to be presumed innocent until proved guilty according to law.


It must be pointed out that these 2 Malaysians were amongst the Guantanamo detainees who had been recommended for prosecution by the Guantánamo Review Task Force as of January 2010. But sadly, after almost 7 years, they have yet to be granted their fundamental right to a fair trial.


It is said that the Guantanamo Bay detention facility is controlled by the US military, but not actually part of the country and therefore not subject to US laws. There have been allegations of torture, and also deaths in custody at this detention facility. President Obama, when he became President promised that he will close down this facility, but alas it still remains open.


MADPET is of the opinion that all persons currently detained without trial should be immediately and unconditionally released. It is unconscionable and unjust for persons to be detained without trial, and in the case of these 2  Malaysians, it has been more than 10 years.


Malaysia should have been protesting the detention without trial of any Malaysian, who have been denied their right to fair trial. The failure to come to the aid and assistance is a failure on the part of the government.


Malaysia should certainly not support the justification forwarded by foreign nations to detain without trial, and/or to torture Malaysians. As such, it is most sad that the Malaysian police seems to be now justifying the 10 year plus detention without trial of Malaysians by the US.


MADPET is also disturbed by statements allegedly made by Malaysian police counter-terrorism chief, Ayob Khan Mydin Pitchay, which maybe an attempt to convince the Malaysian public the reason for the detention without trial, and maybe also the failure of the Malaysian government to come to the assistance of these Malaysians overseas – victims of denial of right to a fair trial.


Amongst others, Ayob Khan was quoted saying, ““They are high-ranking members with a great deal of influence. There is a high possibility they might return to their militant ways and join other groups, especially the Islamic State,”.  It may be of interest to know whether the Malaysian police’s view is based on their own investigation, or simply an acceptance of what the US detaining authority told them. Are there even attempts by the Indonesian government to get these 2 Malaysians to be charged and tried in Indonesian courts for their alleged crimes related to the bombing in Jakarta?


The police officer’s, public prosecutor’s and/or the government’s belief in the guilt or innocence is irrelevant because no one is guilty unless tried and convicted after a fair trial.


If they have broken laws in Malaysia, then they must forthwith be brought back, charged in court and tried. If they have not broken any Malaysian laws, then, of course, Malaysia will have no justification to arrest or detain them on return to Malaysia. Continued detention without trial in Malaysia is not acceptable.


The said media report indicated that  ‘…Ayob said that if the two were transferred back to Malaysia, they would be placed in the de-radicalisation programme, which has been proven to be effective…’. There also was a similar suggestion made earlier ‘…last September, deputy prime minister Ahmad Zahid Hamidi said Nazir might be transferred to Malaysia but he would have to continue the de-radicalisation programme in jail…’


MADPET is extremely concerned about what is meant by this ‘de-radicalisation programme in jail’, and hope that Malaysia is not proposing detention under trial under POCA(Prevention of Crime Act), POTA(Prevention of Terrorism Act) or some other Detention Without Trial law.


This is unacceptable and MADPET reiterates that Malaysia must abolish all detention without trial laws, and immediately release all those currently being detained and/or being subjected to restrictions by virtue of these draconian POCA and/or POTA.


Therefore, MADPET


Calls on the United States of America(USA) to immediately release Mohd Farik Amin, Mohammed Nazir Lep,any other Malaysians and others currently being detained without trial in Guantanamo Bay Detention facility and other detention facilities in or under the control of the USA.


Call on the Malaysian government to do the needful to ensure that human rights of Malaysians, including the right to fair trial, of those currently being held in Guantanamo Bay Detention facility and detention facilities overseas are always respected and protected;


Reiterate our call on Malaysia to immediately repeal the Prevention Of Crime Act 1959(POCA), Prevention Of Terrorism Act 2015(POTA)    any such Detention Without Trial laws; and


Reiterate our call for the immediate and unconditional release of all persons currently being detained/restricted under Prevention Of Crime Act 1959(POCA) or any such Detention Without Trial laws.



Charles Hector

For and on behalf of

MADPET (Malaysians Against Death Penalty and Torture)

Bar perturbed about deteriorating state of atfairs?

Press Release | Openness, Transparency and Accountability are Indispensable to Eradicate Corruption




Friday, 13 January 2017 11:16am
ImageThe Malaysian Bar is very perturbed by recent reports that the Malaysian Anti-Corruption Commission (“MACC”)’s special operations division is being downsized[1], six of its senior officers are being transferred,[2] and its director Bahri Mohamad Zin has taken optional retirement, reportedly due to his unhappiness over the alleged inaction in respect of investigations into SRC International Sdn Bhd, a former subsidiary of 1MDB.[3]  The division reportedly handled high-profile cases relating to 1Malaysia Development Berhad (“1MDB”) and Federal Land Development Authority (“FELDA”).

These developments are disquieting because they reinforce the public perception that although one-and-a-half years have passed since it was revealed that funds of about USD700 million (approximately MYR2.7 billion) were transferred between private banks, offshore companies and funds linked to 1MDB, and then deposited into the personal accounts of the Prime Minister in AmIslamic Bank Berhad,[4] the authorities are reluctant or unwilling to get to the bottom of the serious allegations of financial impropriety concerning 1MDB, and bring action against those guilty of any wrongdoing.

This is in stark contrast to the developments in at least 11 countries — Australia, British Virgin Islands, Hong Kong, Luxembourg, Saudi Arabia, Seychelles, Singapore, Switzerland, United Arab Emirates, United States of America, and Venezuela — where there have been investigations, measures imposed on financial institutions, criminal prosecutions and convictions, and proceedings for forfeiture of assets.

These actions raise serious questions regarding the investigations that are apparently being conducted in our own jurisdiction, and expose the lack of transparency regarding the findings.  It is indeed unsettling that no one has yet been prosecuted in Malaysia for any of the allegations

The Auditor General[5] and the Public Accounts Committee of Parliament were tasked with enquiring into the allegations of serious financial impropriety concerning 1MDB.  It is inexplicable that the Auditor General’s report has been classified as an “official secret” under the Official Secrets Act 1972 and is thereby prohibited from public disclosure,[6] particularly in light of repeated assurances by the Prime Minister that the report would be made public.[7]  This purported classification of the Auditor General’s report is being challenged in court.[8]   

The Public Accounts Committee’s report, which was made public, unequivocally calls on law enforcement agencies to carry out further investigations on Datuk Shahrol Azral Ibrahim Halmi[9] — the then-Chief Executive Officer of 1MDB — and others from the 1MDB management who are implicated.  

To this end, the police have completed the first phase of investigations, according to news reports.[10] The Inspector General of Police had said that the investigations would involve interviewing persons overseas and would require the mutual assistance of law enforcement agencies in those foreign countries.  There has been little or no subsequent information on the purportedly ongoing police investigations.  

It has also been reported that our Attorney General has refused to accede to a request from the Office of the Attorney General of Switzerland for mutual assistance — notwithstanding earlier assurances by both the Prime Minister and the Attorney General that Malaysia would cooperate with investigations by both the United States and Swiss authorities.[11]   

This is a troubling development that does not bode well for our commitment — as a State Party to the United Nations Convention against Corruption[12] — to assist other States Parties to investigate and prosecute crime and detain suspected criminals.

Further, there appears to be an attempt to deny or restrict the flow of information to Malaysian citizens on matters concerning the allegations made against 1MDB.  On 17 October 2016, the Speaker of the Dewan Rakyat reportedly decided that Ministers need not answer questions in Parliament in relation to the complaint filed by the United States Department of Justice,[13] citing the sub judice rule.[14]  The complaint is “to forfeit assets involved in and traceable to an international conspiracy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”)”.[15]  Malaysians are surely entitled to full disclosure of all available information pertaining to this undoubtedly weighty public interest matter.

It is difficult to see how proceedings in the United States could be influenced by proceedings in the Malaysian Parliament.  Moreover, our High Court recently decided that, as a matter of general principle, “debates on important public interest issues should not be stifled or be readily sacrificed on the altar of sub judice.”[16] Thus, the sub judice rule must not be used as a convenient cloak to conceal relevant information concerning the Department of Justice’s serious allegations

It is alarming that the attitude of our authorities towards these grave allegations appears to be one of indifference, which has fuelled widespread concerns of complicity with the wrongdoers.

We have witnessed the finding of guilt by the Sessions Court for charges under the Official Secrets Act 1972 for the unauthorised possession of page 98 of the Auditor General’s report, and for exposing the content of the report at a media conference at Parliament.[17]  This is despite recurrent assurances that the Official Secrets Act 1972 was not meant to cover up wrongdoing.[18] 

This series of events is troubling, as it portrays a government that continues to operate in an environment in which freedom of information is denied, transparency of governance is eschewed, and accountability to the public is shirked.  Such are the hallmarks of a mindset mired in the past, where governments purport to decide what is good for the people to know.  This degree of  condescension is antithetical to the development of a mature democracy where the government serves — rather than rules — the people.

We should be mindful of the words of prominent Malaysian economist Jomo Kwame Sundaram, who pointed to a deficit of confidence resulting from the 1MDB scandal: “What is of concern is that over the last one-and-a-half years or so, the ringgit has been steadily declining. . . . There are many other factors behind it, including a loss of confidence in the government as more and more revelations are made about 1MDB.”[19]  The call for transparency and accountability in Malaysia should not be regarded as merely a pious platitude, but a call to protect our economic interests as well. 

The Malaysian Bar calls for a new paradigm of open, transparent, and accountable governance, to eradicate corruption and affirm the rule of law.  We would do well to remember the words of Justice Louis Brandeis who said, “If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.”[20] The scandal engulfing 1MDB must be resolved promptly and its wrongdoers prosecuted to the fullest extent of the law, to restore confidence in the administration of justice. 


Steven Thiru
President
Malaysian Bar

13 January 2017


[1] “MACC division that probed SRC allegedly being downsized”, Malaysiakini, 30 December 2016.

[2] “Six MACC officers involved in SRC probe transferred”, Malaysiakini, 31 December 2016.

[3] “MACC denies Bahri resigned due to SRC International”, Free Malaysia Today, 3 January 2016.

[4] (a) “Malaysian Anticorruption Body to Look Into Flow of Money to Najib”, The Wall Street Journal, 3 July 2015;

(b) “Malaysia Orders Freeze of Accounts Tied to Probe of Alleged Transfers to Prime Minister Najib”, The Wall Street Journal, 7 July 2015; and


[5] “1MDB audit begins”, The Sun Daily, 10 March 2015.

[6] “
1MDB audit report ‘secret’ until tabled in Parliament
”, Free Malaysia Today, 7 March 2016.

[7] “
Najib: Auditor-General will present full report on 1MDB
”, Free Malaysia Today, 10 July 2015.

[8] The Malaysian Bar is aware that this is the subject matter of a pending judicial review action by Selangor Menteri Besar (Chief Minister) Dato’ Seri Mohamed Azmin Ali in the High Court.


[10] (a) “
Special task force formed to investigate 1MDB: IGP
”, The Sun Daily, 14 April 2016; 

(b) “
IGP: 1MDB probe progressing, foreign interviews starting soon
”, Malay Mail Online, 21 July 2016; 

(c) “
IGP says in talks with AGC over 1MDB probe results
”, Malay Mail Online, 19 August 2016; and 

(b) “
Malaysia will cooperate with ‘lawful investigations’ of 1MDB, Najib’s office says
”, CNBC, 20 July 2016; and


[12] Malaysia signed the Convention on 9 December 2003, and ratified it on 24 September 2008. Switzerland signed it on 10 December 2003, and ratified it on 24 September 2009.  The Convention entered into force on 14 December 2005.


[14] “
Pandikar: Subjudice to discuss DOJ lawsuit against 1MDB
”, The Sun Daily, 17 October 2016.

[15] DOJ civil suit, para 5.

[16] Khairul Azwan Harun v Mohd Rafizi Ramli [2016] 6 CLJ 49, at para [33].

[17] YB Rafizi Ramli, the Member of Parliament for Pandan, was sentenced to 18 months’ jail for each offence, to be served concurrently.  The Sessions Court granted a stay pending disposal of his appeal to the High Court.



[20] Letter, Louis D Brandeis to Alice Goldmark (26 February 1891), in Louis D Brandeis, Letters of Louis D. Brandeis Volume I, 1870-1907, edited by Melvin I Urofsky and David W Levy (1971), p100.

Thursday, January 12, 2017

Local Workers Suffer As Malaysia Delays Employer Obligations to Pay Levy for Migrant Workers?

Malaysia has done it again - shifting the payment of foreign worker levy back to workers - when it rightly and justly should be with employers. This levy was introduced for the purpose of deterring employers from hiring foreign workers and hopefully hiring Malaysian workers.



As it is, even if the employer has to pay the levy, the cost of employing and maintaining a local worker was higher. For a local worker, over  and above the income, the employer also has to pay their share to the Employees Provident Fund(EPF) and Social Security. At present, the employer is expected to pay 13% of the total monthly income to EPF.

For local workers, employers pay extra 13% above their income to EPF - not so for migrant workers?


In Singapore, the levy that the employer needs to pay for foreign workers seem to take into account these additional contributions that the employer has to pay when they hire a local worker - hence levy payable for migrant workers by employer is higher. This in effect makes the cost of labour for both local and migrant worker the same. Of course, the deterrent then would be the additional cost of transporting the migrant worker to and from Singapore.

Singapore - Migrant Worker Employer Pay Levy, Quotas, Increased levy as you increase percentage of MW? Protection of local workers?

Migrant workers are also preferred because they can be cheated and exploited, and migrant workers effectively has no effective means of complaining and getting justice. When migrant workers claim rights, they simply are terminated, and their work visa/pass is cancelled making it illegal for them to remain in the country. Well, most avenues of justice, including courts/tribunals, require the physical presence of the worker claiming rights - so, without the ability to continue to work and earn legally, migrant workers have no choice but to leave and abandon their quest for justice. Local workers, well they remain in Malaysia and will continue to fight until the end. Malaysian policy now is also that a migrant worker is not allowed to work for any other employer - nigrant worker have no choice but to continue to work for an exploitative employer or leave Malaysia.

With the easy access and availability of migrant workers as 'cheap labour', local workers wages can also be kept low. To facilitate greater exploitation of workers, Malaysia also has a draconian legal limit for overtime work - 104 hours a month, which is about 4 hours per working day - which means that workers in Malaysia can end up working for about 12 hours per day. (What happened to the right to 8 hours work?). Overtime work, in principle is permissible only with consent of the worker, but alas in practice, workers no longer have the choice if the employer ask them to work overtime.


Overtime Policy - Local workers are prejudiced by present 'overtime limits' - 104 hours per month?

Wages were kept low by the UMNO-BN government, to make Malaysia attractive to the foreign investor - Malaysia could offer them 'cheap labour' - and, at the end of the day, it was the Malaysian worker that suffered...wages remain low, and finally Malaysia had to set a 'Minimum Wage' - but that minimum wage is also unreasonably low at RM1,000 per month. It is absurd rate in a country when the government admits that families earning less than RM3,000-RM4,000 are 'poor' and requires financial assistance by the government in the form of BR1M. Logically, then even if the government aspires that family income should be higher than RM3,000, then naturally Minimum Wage should not be less than RM1,500.

Things may have become better for Malaysian workers, and workers generally, if the UMNO-BN government yet again did not choose to delay the obligation of employers to pay foreign worker levy - but, yet again, the government concern seem to be the 'well-being' of employers...or is it really those 'labour suppliers' - the contractors for labour'...Now, the government has made these 'contractor for labour' employers - so, it is really not the foreign companies in Malaysia that find it difficult to employ their own workers - hence forcing them to use workers supplied by these 'contractors for labour'. So, is the delay of levy payment obligations really more to protect the 'contractor for labours' - rather that the 'real' employer who needs workers for their factories? It is not easy to get the permit to operate as 'contractor for labour (or labour suppliers) - some may suggest only cronnies and friends get the permits? 

So, is the delay of employer obligation to pay levy really an act to 'protect' contractor for labours...one wonders?

Employers saying that they cannot find skilled local workers - so they need skilled foreign workers??? Why is the Malaysian governments doing anything to generate SKILLED local workers?

Malaysia should abolish the 'contractor for labour system' - and make sure every worker working at a particular workplace is an employee of that workplace...

97 Groups say it is 'Immoral for Malaysia to take from Workers to overcome national economic problems' - Employers should pay the Levy – Not Migrant Workers


The near silence of PAS, DAP, PKR on worker issues and concerns is most disturbing ...remember there are more than 15 million local workers...and there will be millions more in the future, and they all are voters...and if you do not care for workers...then maybe workers and their family may reject you in the next elections...

Cabinet agrees to postpone levy payment on foreign workers to 2018
Wednesday January 11, 2017


Datuk Seri Liow Tiong Lai said the Cabinet had agreed to postpone until 2018 the implementation of levy payment on foreign workers by employers under the Employer Mandatory Commitment (EMC). — File picDatuk Seri Liow Tiong Lai said the Cabinet had agreed to postpone until 2018 the implementation of levy payment on foreign workers by employers under the Employer Mandatory Commitment (EMC). — File pic

PUTRAJAYA, Jan 11 — The Cabinet has agreed to postpone to next year, the implementation of levy payment on foreign workers by employers, which will be enforced under the Employer Mandatory Commitment (EMC).

Transport Minister Datuk Seri Liow Tiong Lai said the Cabinet today, had also agreed to look into a proper ecosystem, aimed at providing convenience to industries in hiring foreign workers, and to ensure the country’s economic growth.

He said the decision was made after a presentation by Minister in the Prime Minister’s Department Datuk Paul Low who gave the overall picture pertaining to the EMC.

“It is not just on levy, but on the rights of the employer to have direct access towards the workers, rather than going through a middle man, how to cut down bureaucracy procedures and how to have fast employment of foreign workers.

“At the meeting, we also voiced out the need to regulate employment of foreign workers and ensure it can support our economic growth, without giving problem to our social issues,” he told reporters here today.

On Dec 31, Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, who is also home minister, had announced employers would be responsible for paying the levy of their foreign workers which would be enforced under the EMC.

Under the scheme, the employers would be disallowed from deducting the levy from the wages of their workers.

Yesterday, construction industry players wanted the EMC to be scrapped as it did not benefit the country.

Liow said Prime Minister Datuk Seri Najib Razak had agreed to look into these matter personally and would coordinate with the home ministry and human resources ministry to “take care of whatever hiccups” to resolve the issue.

“The Cabinet is clear that our foreign worker policy must be vibrant and able to solve the present shortage of foreign workers in the country,” he said, adding the Cabinet Committee on Foreign Workers would meet soon. — Bernama

Wednesday, January 11, 2017

Azmin dilapurkan kata “Ya, saya akan isytihar kepada umum.” - Bilakah kita boleh lihat pengistiharan harta ini?

Pada 1/12/2016, telah saya melawat laman web rasmi kerajaan Selangor dan mendapati bahawa tak ada Peristiharan Harta Azmin Ali, Menteri Besar Selangor ...saya telah baru-baru ini kembali kepada laman web tersebut dan mendapati bahawa Azmin masih lagi belum mengistiharkan harta - Ini menimbulkan persoalan ...

Adakah Azmin Ali berikan gambar palsu mengenai perisytiharan harta MB dan Exco Selangor? MB sendiri nampaknya tak dedah?

Azmin dilapurkan hari ini menyatakan bahawa semua ahli Exco kerajaan Negeri Selangor telah 'declared their assets' - dan juga telah dilapurkan bahawa maklumat 'perisitharan harta' ini boleh dilihat di laman web rasmi Kerajaan Selangor. [http://www.selangor.gov.my/index.php/pages/view/90?mid=648]


Apakah yang Azmin ingin menyembunyi daripada rakyat? Berapa sebenarnya pendapatan setiap bulan Azmin Ali... Bilakah beliau akan mendedahkan harta/pendapatan beliau memandangkan pernah dilapurkan dulu, bahawa beliau akan berbuat demikian

Timbalan presiden PKR itu berkata, beliau pernah mengisytihar hartanya, selaras dengan ketetapan dalam Pakatan Rakyat (PR), pada sekitar tahun 2008 sebelum dilantik menjadi menteri besar.
“Saya memang sudah buat, itu memang ketetapan dalam PR. Saya sudah buat pada 2008. Selepas jadi menteri besar, belum lagi,” katanya ditemui pemberita di lobi Parlimen hari ini.
“Ya, saya akan isytihar kepada umum.” - Malaysian Review

* GAJI dan Elaun sebagai Menteri Besar - Berapa?

* Gaji dan Elaun sebagai ADUN - Berapa?

* Gaji dan Elaun sebagai Ahli Parlimen - Berapa?

* Gaji/Elaun sebagai Pengarah/Penasihat syarikat milik kerajaan dan GLC?

* Gaji/Elaun sebagai Pengarah syarikat lain?

* DERMA daripada pihak ketiga, sama ada dari Malaysia atau Luar Negara - Berapa?(jika ada)

* Bagus juga beliau mendedahkan pegangan syer/bond dalam syarikat...

* Bagus juga dedahkan semua akaun bank peribadi beliau - dan berapa di dalam akaun tersebut? Adakah beliau menerima apa-apa 'DERMA' dari pihak ketiga dalam akaun peribadinya? [Ini maklumat perlu selepas kes berbillion dalam akaun peribadi Najib Tun Razak...]

PENGISTIHARAN HARTA..PENDAPATAN...KEPENTINGAN ...SEORANG MENTERI BESAR DAN EXCO KERAJAAN NEGERI SANGAT PERLU - bukan hanya mereka tetapi keluarga terdekat. Pengistiharan kepada orang ramai...bukan hanya kepada MB atau PM. [Sama juga untuk PM dan Kabinet]

Bagus kita ketahui bahawa Eksekutif kerajaan negeri/persekutuan tidak mendapatkan keuntungan peribadi secara salah daripada pihak ketiga - tak ada korupsi - tak ada kleptocracy...

CADANGAN:- 

Apabila Menteri Besar dan Exco dilantik - terus mereka mengistiharkan harta mereka - akaun bank(jumlah wang), hartanah milik mereka, syer/bond yang dimiliki serta keluarga terdekat mereka. 

Pendedahan mesti diberikan setiap 6 bulan untuk memastikan tak ada salahguna berlaku. Kita perlu pastikan bahawa tanah atau syer tidak diperolehi yang ada kaitan dengan polisi/pentadbiran kerajaan. 

Secara otomatik, tak ada projek kerajaan harus diberikan kepada mana-mana syarikat milikan saudara terdekat.

KITA PERLUKAN PEMIMPIN YANG BERSIH...BUKAN MEREKA YANG AKAN MENGAMBIL APA-APA KESEMPATAN DARIPADA RAHSIA ATAU AKTIVITI KERAJAAN...[Kerajaan mungkin membuat perancangan membangunkan sesuatu tempat, dan kita tidak mahu mereka gunakan pengetahuan ini untuk memperolehi tanah di kawasan itu, atau memperolehi syer dalam syarikat yang akan untung daripada mendapat projek kerajaan.]

Lebih baik, apabila seseorang dilantik sebagai Perdana Menteri/Menteri Besar/Ketua Menteri atau ahli Exco Kerajaan atau Kabinet terus ada halangan undang-undang menghalang mereka mendapat pendapatan selain daripada gaji/elaun jawatan mereka. Thailand ada undang-undang saperti ini. Dahulu apabila seorang Perdana Menteri Thailand mendapat wang daripada syarikat kerana terlibat dalam satu program memasak di TV - walaupun nilai wang rendah tetapi penerimaan wang itu dianggap salah, memerlukan beliau melepaskan jawatan Perdana Menteri...undang-undang sedemikian wajar dikemukakan di Malaysia...

Pos sebelum yang berkenaan:-

Adakah Azmin Ali berikan gambar palsu mengenai perisytiharan harta MB dan Exco Selangor? MB sendiri nampaknya tak dedah?

Azmin dilapurkan hari ini menyatakan bahawa semua ahli Exco kerajaan Negeri Selangor telah 'declared their assets' - dan juga telah dilapurkan bahawa maklumat 'perisitharan harta' ini boleh dilihat di laman web rasmi Kerajaan Selangor. [http://www.selangor.gov.my/index.php/pages/view/90?mid=648]

 

Jika ada yang tahu lokasi pengistiharan harta Azmin Ali - tolong syer dalam komen selepas post ini.