| End the Rela bounty scheme | ||||
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| Migrants are human beings and should not be treated like stray dogs. The policy and practice of paying members of the People’s Volunteer Corps (Rela) RM80 for each undocumented migrant they arrest must be stopped. CHARLES HECTOR is a human rights activist and a lawyer. |
Wednesday, January 31, 2007
End the Rela bounty scheme (The Malaysiakini published version)
What must be noted is that 76,310 others were unnecessarily subjected to the uncomfortable experience of being screened.
The others responsible are unscrupulous and/or false agents, and those who facilitate the smuggling of persons into the country. Sadly, it seems that Rela and the other authorities have not acted against them.
“One of the biggest centres like the Semenyih Immigration Detention Depot can only take in a maximum of 1,500 detainees while smaller ones can only accommodate up to a maximum of 500 people.”
What is disturbing is that the arms-bearing Rela members can go out, stop and search persons, enter premises and arrest persons without the presence of police or immigration enforcement officers. This is just not right and may lead to abuse of powers.
There have been too many complaints of abuse including assaults, deaths, property damage, trespass, invasion of privacy and theft by migrants as well as citizens. Enough is enough.
Monday, January 29, 2007
New face, same body : Abdullah Badawi is PM, and Mahathir is no more BUT ...
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| New face, same body Abdullah Badawi is PM, and Mahathir is no more BUT � by Charles Hector Aliran Monthly 2003:11 Please support our work by buying a copy of our print publication, Aliran Monthly, from your nearest news-stand. Better still take out a subscription now. We also welcome donations.
Many Malaysians are celebrating as though there has been a change in the ruling party � as though Abdullah is from some other party, who has just come into power. Memorandums containing expectations of change are being sent. Forums and public discussions are being held. Many are hoping for great changes in the policies and practice of the Barisan Nasional government. We are kidding ourselves because the same persons and political parties are still in power, and the Barisan nasional still controls more than a two thirds majority in the Dewan Rakyat � thus having the capacity to amend our Federal Constitution as and when it chooses. Mahathir Was Just One Man Mahathir cannot and should not be held solely responsible for all the actions and omissions of the Barisan Nasional government. Mahathir cannot be held solely accountable for all those detentions without trials and for all those repressive laws that curtail freedoms and deprives the fullest expression of our rights. He was just one man, and Abdullah was in the Cabinet as the Deputy Prime Minister together with many others. To say that because Mahathir was at the helm, all the others were shackled, their tongues were tied and they were deprived of the ability to dissent is a joke. Abdullah was also then the second man in the UMNO.
It is wrong and a gross injustice to solely blame our good doctor Mahathir for all the failings and wrongdoings of the Barisan Nasional government. Some say that �Mahathir was a dictator�; so, all those in the Executive, the Cabinet, the UMNO Supreme Council and the Barisan Nasional component parties had no choice but to be silent and to follow whatever he said and endorse whatever he did or failed to do � even though they personally did not agree with it. This is ludicrous and totally unacceptable. We do not live in a feudal state, whereby all subjects have no choice but to follow what the King says. We are a democracy � and I believe that when decisions are made in the Cabinet, the Supreme Council of UMNO and the Barisan Nasional, each and every member has the right to dissent and ultimately, the right to vote on any matter of concern. The PM, I believe, did not have the power to veto decisions of the majority. Culpable And Guilty Therefore whatever was done or not done is the collective responsibility of Cabinet members, UMNO Supreme Council members and Barisan Nasional supreme body/council members, amongst others. For all good deeds of the Barisan Nasional government, a pat on the back should be given and for all bad deeds all these persons in positions of leadership should be blamed. Remember the Nuremberg trials, which found the persons in government and other positions of authority, under the leadership of Hitler guilty of crimes against humanity? Hitler was the leader, but that did not absolve others in position of leadership and decision-making from culpability for the crimes against humanity committed during World War II � it did not matter much whether they were following orders or not. Likewise in the Malaysian context, each and every person, the first being Badawi himself, is guilty for all the fumbles, wrongdoings, failings, inadequacies, injustices and violations against human rights perpetrated during the time that Mahathir was the prime minister. And as far as the �public� record is concerned, I believe that Abdullah never once did oppose what was done during the period when Mahathir was prime minister. Gerakan, a major component party of the Barisan Nasional, did at one time - if memory does not fail me - adopt a position that the Internal Security Act (ISA) was unjust and that the ISA should be repealed even though that position was contrary to the position of the Barisan Nasional government. Now, today, I am not sure what their position is with regard to the ISA and other preventive detention laws. Rais Yatim, when he was out of the the Cabinet and working as a practising lawyer, took the position that the ISA should be repealed. But when he later joined the cabinet, he changed his position with regard to the ISA. Why did he change his mind? If he had changed his personal position after serious re-thinking and reflection, then it is all right. But if the change in position was merely because he was now part of the cabinet, then it is wrong. Later on, when he is no more in the Cabinet or in the government, will he again have a change of mind with regard to the ISA? Do not be like the �lallang� bending according to where the wind blows; stick to your principles and positions. No Reason To Celebrate Our �leaders�, ministers and members of Parliament, amongst others, from the Barisan Nasional must realize that we are all human beings � each with a brain, a mind, a conscience and a tongue, and it is all right to have a different viewpoint about matters and issues. If one is part of the Cabinet, and ther Cabinet has made a decision about a particular matter, then that decision must be upheld and followed. But at the same time, one can also still have a personal position about matters. The stand taken by Gerakan once with regard to the ISA - it is not certain if they still hold that view - is praiseworthy. In a democracy, the majority decision is carried out and implemented. But the minority dissenting view is never silenced. The minority have the right to continue lobbying for their views to be adopted if they believe them to be right. Who knows, one day, it may be this �minority view� that prevails, It is sad that in Malaysia we do not often enough read about MPs from the Barisan National or the different component parties of the Barisan Nasional taking a view different from that of the government and/or even the Prime Minister. The Barisan Nasional still rules. There is no real reason to celebrate the departure of Mahathir, who, by the way, was not ousted but left on his own accord, handing over the premiership to his deputy, Abdullah. If a new political party or a coalition of parties comes into power, then maybe there is a reason to send memorandums and recommendations to the new government and to the new Prime Minister � but not in this case. |
(Originally written 11/12/2003)
Tuesday, January 23, 2007
RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END
RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END
PROFESSIONAL LAW ENFORCERSMUST REPLACE VOLUNTEERS
Migrants are human beings and should not be treated as stray dogs, and the policy and practice of paying members of the People’s Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (Star,
Syed Shahir, President MTUC during his opening speech at the MTUC/ILO Follow up Workshop on Migrant Workers in Malaysia held on 4-6 December 2006 said that this practice of using these “uniformed part-timers who have some policing powers, who were offered and did receive cash rewards for each migrant arrested as an economic incentive and this was most disturbing and embarrassing.” He also went on to say that it was sad that Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad was reported to have said RELA members would be again roped in for the planned crackdown on undocumented workers in 2007(Star, 14/10/2006).
MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. He said this when handing over RM,2,400-00, being donations, collected by residents of Old Klang Road’s 4th mile area, to the widows, both of whom had two young children. Their husbands, Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, drowned allegedly after jumping into the Klang river while trying to evade the RELA personnel. Let’s not forget the words of Michael Chong :” “These people may be illegals [undocumented], but they are still human beings,” (Star,
Its was reported that RELA arrested a total of 17,700 people believed to be illegal immigrants and screened 94,010 people up to September 2006. Out of that 17,700, Indonesians comprised the highest number of those arrested at 12,076, 
followed by those from Myanmar (2,089), Indians (963), Bangladeshis (923), Thais (402), Chinese (43) and others (1,200). (Star,
What must be noted is that 94,010 people (or 76,310) persons were unnecessarily subjected to the uncomfortable experience of being screened. An by screening, if this meant squatting in sun waiting as what happened to some 1,500 who had to squat waiting at the Sepang District Council compound to have their particulars checked during one of the Ops Tegas (see picture in Star, Monday July 31, 2006), then this was an unnecessary violation of rights. Reports of late has also shown that many documented migrants have been unnecessarily arrested and been forced to spend time at detention centers, and also worth noting is that the 17,700 are only “believed to be illegal immigrants”, for many could really be documented workers, unnecessarily arrested sometimes because employers are holding on to the passports and identity cards.
17,200 MIGRANTS BUT ONLY 4 EMPLOYER ARRESTED?
Interestingly, it is reported that during the same period only 4 employers were arrested. Surely all these 17,700 “believed to be illegal immigrants” were not just in the employ or in the premises of just 4 employers. I believe that it is those that employ undocumented migrants are the ones who are responsible for the increasing number of undocumented migrants coming into our country. The other people responsible are unscrupulous and/or ‘false’ agents, and those who have facilitated the smuggling of persons into the country. Sadly, it seems that RELA and the other authorities have not acted against these other persons, safe for the undocumented migrants.
Last year, we also heard how some errant employer of undocumented migrants even got away with not paying wages to these workers just by reason of they being undocumented. Actions against errant employers must be increased – and if the employer is a company, then action must be taken against all Directors and also majority share-holders.
Alleged employers of undocumented migrants must also be immediately investigated, arrested, and charged just the same as what have been done with those believed to be illegal migrants. What the special treatment for employers. Only 4 employers been arrested last year is shocking – and I hope that it is not just those ‘small-time-employers” with little or no political connections only but also some of big ones as well.
OVERCROWDED DETENTION CENTERS
This is yet another reason why
But more importantly, what is most crucial at this stage is to immediately put an end to
ESSENTIAL (IKATAN RELAWAN RAKYAT) (AMENDMENT) REGULATIONS 2005
The powers of 70,000[i] strong RELA was expanded in early 2005 when the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on
Section 6 of the Emergency (Essential Powers) Act 1979, stated :- “For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.”.
Now, given the fact the Essential (Ikatan RELAwan Rakyat) Regulations 1966 has now been amended Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, it settles once again that the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 15 May 1969 is still in force.
The 2005 amendment to the 1966 Regulations now expressly allows a RELA member “where it has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier, to stop the person in order to make all such inquiries or to require the production of all such documents or other things as the competent authority may consider necessary”. It also permits the RELA to arrest without a warrant, may without a warrant and with or without assistance [of the police or immigration officers] enter and search any premises and also stop and search any vessel, vehicle or person, whether in a public place or not. The powers stated in this paragraph is exercisable if there is written authorization from a competent authority, who is defined as being the Director General(Ketua Pengarah), Deputy Director General(Timbalan Ketua Pengarah) and such other officers of the Ikatan RELAwan Rakyat as appointed by the Home Affairs Minister.
What is even interesting is that the 2005 amendments also provides for protection to these RELA volunteers whereby regulation 16 of the 2005 Amending Regulations clearly states : “The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.".
A POSSE OF VOLUNTEERS WITHOUT A SHERIFF
What is disturbing is that the arms-bearing RELA members can go out stop, search, enter premises and arrest persons on their own without even the police or an immigration enforcement officer, and this is just not right and may lead to abuse of powers. There must be at least a professional enforcer of the law, be it a police or immigration personnel that accompanies these volunteers ‘vigilantes’. ’as they go out there performing their ‘duties’ The government’s possible justification in using RELA is that they do not have enough immigration and police personnel to deal with hundreds of thousands of undocumented migrants in Malaysia – but surely it is very unsafe to send normal volunteers without any leadership and on-site guidance of at least one police or immigration personnel.
We are a civilized nation, and we have an appointed government who have appointed and trained professional law enforcers – and if there is inadequate law enforcers, then the proper thing to do is to appoint more police and immigration enforcement officers – not just go out and try to get volunteers with arms to enforce the law.
If cash incentives were also given to the police and immigration enforcement officers, like what is apparently done for the RELA members, I am sure that they too will be more efficient in the performance of their duties.
RELA ACTIONS IS CREATING A BAD NAME FOR
It may be true that the RELA has been effective in arresting about 19,000 foreigners since February 2005 until October 2006, but at the same time it has visited injustices to so many more persons – Malaysians, documented migrants and others. A sampling of RELA behaviour can be seen from facts that have been taken from media reports, as follows:
* A landscape company spent six harrowing days trying to get its legal foreign workers out of a detention camp. The six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members “literally broke into their chalet and ordered them out.” (Star,
* Five factories near here [Klang] alleged that at 1.30am on Saturday, a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits. The workers of Latitude Tree Furniture Sdn Bhd claimed that RELA members had beaten them with canes and iron rods, leaving welts on their bodies. Two Bangladeshi workers sustained head injuries and were given outpatient treatment. The companies were not happy with the method used to search the premises and also said that “Detaining the workers is not a proper thing to do as it only disrupts operations of all our factories,”. They also said “…that such raids put fear in our workers and furthermore our workers claimed to have lost hand phones and cash after the raids.” (Star,
* Residents of about 10 households in Taman Anggerik, Cheras,
* 22 workers of an IT company were beaten and made to do a 50m “duck-walk” at Section 30 in Shah Alam, RELA director-general Datuk Mahadi Arshad subsequently claimed that it was not a RELA operation, while stating that only 3 out of the 10 involved were RELA members. (Star,
TIME TO DISBAND RELA OR GIVE THEM MORE APPROPRIATE DUTIES
In light of what we know has been happening when the volunteer RELA force, with powers exceeding normal powers that our police even have, have been let loosed in the general community, it is time now to review the usage of RELA and also the powers that have been bestowed on them. There have been too many abuses and complaints which have got into the media which includes assault (and also deaths), property damage, trespass, invasion of privacy and even theft – and it has involved not just the undocumented migrants, but also documented migrants and even Malaysian citizens. Enough is enough.
The RELA must be rounded-up and rested, and the professional police force and other professional enforcement forces must take over the role of policing
In fact, that Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966] must be repealed. If need be, a new law must be enacted for RELA – one that will re-define their role and duties focusing more possibly towards providing protection to Malaysians and trying to overcome the increasing incidences of snatch thiefs crimes and corruption in the country. RELA should maybe focus their attention to fighting corruption involving the police, other public officers, town councilors and elected representatives.
There is no situation now in
Charles Hector
[i] Star,
Monday, January 22, 2007
Suspect found dead in police lock-up (Star)
Monday January 22, 2007
Suspect found dead in police lock-up
SEREMBAN: A part-time lorry driver, who was being remanded to help in investigations into a robbery, died in the police district headquarters lock-up here yesterday.
District police chief Asst Comm Hasanuddin Hasan said that the 46-year-old man's body had been sent to the Tuanku Jaafar Hospital for a post-mortem.
“An investigation is being conducted, including looking at the CCTV (closed circuit television) recordings,” he said.
It is learnt that the suspect and two other men were detained in a restaurant at Jalan Tun H.S. Lee in Kuala Lumpur on Thursday.
Family members of the deceased and MIC official Shivarraaj Chandran met ACP Hasanuddin over the death yesterday.
The suspect's brother said that he received a telephone call from the police yesterday morning informing him of the death.
“He was fine when he was detained. When I asked the policeman what had happened, he said that my brother took a shower about 3am and then went to sleep.
“They found him dead at about 5am,” he said.
Saturday, January 20, 2007
Rela and Malaysia's invisible war (ALIRAN)
Rela and Malaysia's invisible war | | | |
| Wednesday, 24 January 2007 (ALIRAN 2006:9) | |
 The volunteer corps' crackdown on undocumented foreigners is not a war on terror; it is a war on defenceless migrants, observes Romany. Like George W Bush’s ‘war on terror’ waged by the United States, an unseen, little-publicised ‘war on undocumented immigrants’ is being waged in Malaysia. This war, waged under cover of darkness, is hidden from public view and much information about it lands in the dead-news boxes of the editors of mainstream newspapers. Hunted, hounded, harassed and detained While most Malaysians are sleeping peacefully in the wee hours of the morning, it is a time of terror for the migrants. It does not matter if they are documented or undocumented migrants. These are the dark hours of fear and terror of raids conducted by Rela (the People’s Volunteer Corps). Reports of these night raids read like horror stories, about human beings brutalised and humiliated, robbed, dragged out of their beds, forced into trucks that take them away to certain detention centres, of which the general public know very little about. Is this something fabricated to sensationalise the predicament faced by this marginalized community? No, this is reality. On 5 August 2006, The Star reported that Rela was to undergo a “rebranding exercise”. Home Affairs Minister Mohd. Radzi Ahmad said this was necessary as “many people were still in the dark about the movement’s role.” At this ceremony, the Minister conferred the Selangor Menteri Besar and State Assembly Speaker with the rank of honorary colonel and 53 Selangor state assembly members with the rank of lieutenant-colonel of Rela.
The peril within |
Friday, January 19, 2007
ASEAN’s EMPTY Declaration On The Protection And Promotion Of The Rights Of Migrant Workers ?
ASEAN’s EMPTY Declaration On The Protection And Promotion Of The Rights Of Migrant Workers ?
The Heads of State and Government of the Association of Southeast Asian Nations (ASEAN), attending the 12th ASEAN Summit on
Reading the title only, it all sounds very good for the promotion and protection of the rights of migrant workers but a deeper consideration of the said Declaration itself reveals that it does very little for the protection and promotion of rights as everything declared is to be subject to the laws, regulations, and policies of the respective ASEAN member Countries.
In the preamble, it explicitly states “RECOGNIZING further the sovereignty of states in determining their own migration policy relating to migrant workers, including determining entry into their territory and under which conditions migrant workers may remain”.
By the usage of the words “subject to the laws, regulations, and policies of respective Countries”, which is repeated several times in the document, the Declaration basically allows that status quo be maintained as it is now in a particular country. Any advancement and protection when it comes, and if it comes, with regard to rights of migrants will depend on the particular member country and the ASEAN Declaration really does nothing about determining what or when or even whether anything will change for the better.
ASEAN Migrants only – not other migrants?
A close reading of the Declaration will reveal that they are only talking about migrants from ASEAN sending countries – and specifically those that are documented or those that become undocumented later by no fault of theirs.
In the case of Malaysia, this Declaration would not even cover the about 170,000 Nepali migrants, being the second largest nationality group of migrants workers, or those from countries like India, Bangladesh, Pakistan and other non-ASEAN countries.
Undocumented Migrants generally are also not covered and the only group of undocumented workers covered is made clear by the usage of the words “[those that] have subsequently become undocumented”, and with regard to families of migrants, it only addresses “family members already residing with them” – not new members of the family of migrants that may come to be in the future of that said receiving country.
As such the millions of undocumented migrants, some of whom who are really refugees, be it from Burma, Aceh , Southern Thailand and Southern Philippines, are not just not covered with regard to rights in this Declaration.
The extension of access of consular functions and diplomatic assistance of member ASEAN countries when an ASEAN migrant is arrested or committed to prison or custody or detained in any other manner, under the laws and regulations of the receiving state seem to be a good thing especially when in that receiving country there is no embassy and/or consulate of the country from where the affected ASEAN migrant originates.
Undocumented Workers
As mentioned earlier, the Declaration does not talk about rights of the about 2 to 5 million undocumented migrants in our country. Officially, the number of documented migrants in
Undocumented Migrant Workers is the most victimized of the lot, but sadly the Declaration clearly states that it is not concerned with the documentation of these group of workers when it stated: “Nothing in the present Declaration shall be interpreted as implying the regularization of the situation of migrant workers who are undocumented”
In some ASEAN countries like
An ordinary Malaysian worker gets employed, and then only does his employer informs/registers the said worker with the Employees Provident Fund (EPF), for Social Security (SOCSO). The income tax department is also informed by the Employer. A similar system, where the obligations are placed on the employer (rather than the worker) would also work for migrant workers and that will solve the problem of documentation, and will result in much more cost saving for the receiving country.
In fact, in
In
ASEAN – consensus not majority decision making
The biggest problem with the ASEAN is that decisions are made by consensus and not by majority vote and this is a fact that cripples and impedes ASEAN from moving forward in the field of promotion and protection of rights. For example, if the majority of the ASEAN member nations are not happy with what is happening in
I believe that it is this problem that has brought about this very weak Declaration that has an impressive title and nothing more. It does not even set minimum standards or guarantee basic rights of workers. Maybe, the soon to be ASEAN Charter may be able to set some standards and require strict compliance by all ASEAN member nations within a stipulated time frame. We shall have to wait and see.
Is there a need for the Secretary-General of ASEAN’s Report now?
As it is, there really seems to be no sense for this ASEAN Declaration to have the “Secretary-General of ASEAN to submit annually a report on the progress of the implementation of the Declaration to the
ASEAN instrument on the protection and promotion of the rights of migrant workers
To be fair, there is an indication that an ASEAN instrument on the protection and promotion of the rights of migrant workers is to be developed but alas no time frame was set, and even if such an instrument is developed it must have in place a monitoring system, a complaints procedure and an adjudicating body with penalizing powers that should be accessible to everyone, including the migrant workers and their families and not just the ASEAN member states. We already have UN and ILO conventions dealing with the rights of workers, migrants or otherwise; and also migrant workers and their families that could very easily be adopted in toto or used as a basis for this upcoming ASEAN instrument.
For the protection and promotion of the rights of migrant workers, we cannot just be dealing with just the documented but must also the “undocumented” migrant. For refugees from member ASEAN countries now in other ASEAN nations, something more may be required – especially since most refugees are seeking asylum and protection from the wrath and possible persecution of their own country of origin.
The instrument must also advocate the equality of persons and equal protection of the law in all ASEAN countries of all persons and all workers from ASEAN member nations and even other countries.
One group of workers that are presently left out in most employment laws of most nations are the domestic workers and this new ASEAN instrument must provide for clear rights for this group of too-long-neglected workers. In
ASEAN’s concern about the Protection And Promotion Of The Rights Of Migrant Workers must be applauded but the Declaration that emerged on
Charles Hector
Saturday, January 13, 2007
ASEAN DECLARATION ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS
ASEAN DECLARATION ON THE PROTECTION AND PROMOTION OF
THE RIGHTS OF MIGRANT WORKERS
We, the Heads of State and Government of the Association of Southeast Asian Nations (hereinafter referred to as ASEAN), attending the 12th ASEAN Summit on 13 January 2007 in Cebu, Philippines:
RECALLING the Declaration of ASEAN Concord II adopted at the 9th ASEAN Summit in Bali, Indonesia, which stipulated the establishment of an ASEAN Community resting on three pillars: an ASEAN Security Community, an ASEAN Economic Community and an ASEAN Socio-Cultural Community;
RECALLING also the Universal Declaration on Human Rights adopted and proclaimed by General Assembly Resolution 217(A)(III) of 10 December 1948, as well as other appropriate international instruments which all the ASEAN member countries have acceded to, in order to safeguard the human rights and fundamental freedoms of individuals such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;
RECALLING further the Vientiane Action Programme adopted at the 10th ASEAN Summit in Vientiane, Lao PDR, which provides for, inter alia, the promotion of human rights and obligations to realize an open, dynamic and resilient ASEAN Community;
CONFIRMING our shared responsibility to realize a common vision for a secure and prosperous ASEAN Community by improving the quality of life of its people and strengthening its cultural identity towards a people-centered ASEAN through, among others, measures on the protection and promotion of the rights of migrant workers;
RECOGNIZING the contributions of migrant workers to the society and economy of both receiving states and sending states of ASEAN;
RECOGNIZING further the sovereignty of states in determining their own migration policy relating to migrant workers, including determining entry into their territory and under which conditions migrant workers may remain;
ACKNOWLEDGING the legitimate concerns of the sending and receiving states over migrant workers, as well as the need to adopt appropriate and comprehensive migration policies on migrant workers;
ACKNOWLEDGING also the need to address cases of abuse and violence against migrant workers whenever such cases occur;
REITERATING that ASEAN should make further progress as a cohesive and caring society committed to enhancing the quality of life and well being of its people, especially those in the vulnerable and disadvantaged sectors;
HEREBY DECLARE AS FOLLOWS:
GENERAL PRINCIPLES
1. Both the sending state and receiving state shall strengthen the political, economic and social pillars of the ASEAN Community by promoting the full potential and dignity of migrant workers in a climate of freedom, equity, and stability in accordance with the laws, regulations, and policies of respective ASEAN Member Countries;
2. The receiving states and the sending states shall, for humanitarian reasons, closely cooperate to resolve the cases of migrant workers who, through no fault of their own, have subsequently become undocumented;
3. The receiving states and the sending states shall take into account the fundamental rights and dignity of migrant workers and family members already residing with them without undermining the application by the receiving states of their laws, regulations, and their policies.
4. Nothing in the present Declaration shall be interpreted as implying the regularization of the situation of migrant workers who are undocumented;
OBLIGATIONS OF RECEIVING STATES
Pursuant to the prevailing laws, regulations and policies of the respective receiving states, the receiving state will:
5. Intensify efforts to protect the fundamental human rights, promote the welfare and uphold human dignity of migrant workers;
6. Work towards the achievement of harmony and tolerance between receiving states and migrant workers;
7. Facilitate access to resources and remedies through information, training and education, access to justice, and social welfare services as appropriate and in accordance with the legislation of the receiving state, provided that they fulfill the requirements under applicable laws, regulations and policies of the said state, bilateral agreements and multilateral treaties;
8. Promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers;
9. Provide migrant workers, who may be victims of discrimination, abuse, exploitation, violence, with adequate access to the legal and judicial system of the receiving states;
10. Facilitate the exercise of consular functions to consular or diplomatic authorities of states of origin when a migrant worker is arrested or committed to prison or custody or detained in any other manner, under the laws and regulations of the receiving state and in accordance with the Vienna Convention on Consular Relations;
OBLIGATIONS OF SENDING STATES
Pursuant to the prevailing laws, regulations and policies of the respective sending states, the sending state will:
11. Enhance measures related to the promotion and protection of the rights of migrant workers;
12. Ensure access to employment and livelihood opportunities for their citizens as sustainable alternatives to migration of workers;
13. Set up policies and procedures to facilitate aspects of migration of workers, including recruitment, preparation for deployment overseas and protection of the migrant workers when abroad as well as repatriation and reintegration to the countries of origin;
14. Establish and promote legal practices to regulate recruitment of migrant workers and adopt mechanisms to eliminate recruitment malpractices through legal and valid contracts, regulation and accreditation of recruitment agencies and employers, and blacklisting of negligent/unlawful agencies;
COMMITMENTS BY ASEAN
For purposes of protecting and promoting the rights of migrant workers, Member Countries of ASEAN, in accordance with national laws, regulations and policies, will:
15. Promote decent, humane, productive, dignified and remunerative employment for migrant workers;
16. Establish and implement human resource development programs and reintegration programs for migrant workers in their countries of origin;
17. To take concrete measures to prevent or curb the smuggling and trafficking in persons by among others, introducing stiffer penalties for those who are involved in these activities;
18. Facilitate data-sharing on matters related to migrant workers, for the purpose of enhancing policies and programs concerning migrant workers in both sending and receiving states;
19. Promote capacity building by sharing of information, best practices as well as opportunities and challenges encountered by ASEAN Member Countries in relation to protection and promotion of migrant workers’ rights and welfare;
20. Extend assistance to migrant workers of ASEAN Member Countries who are caught in conflict or crisis situations outside ASEAN in the event of need and based on the capacities and resources of the Embassies and Consular Offices of the relevant ASEAN Member Countries, based on bilateral consultations and arrangements; and
21. Encourage international organizations, ASEAN dialogue partners and other countries to respect the principles and extend support and assistance to the implementation of the measures contained in this Declaration; and,
22. Task the relevant ASEAN bodies to follow up on the Declaration and to develop an ASEAN instrument on the protection and promotion of the rights of migrant workers, consistent with ASEAN’s vision of a caring and sharing Community, and direct the Secretary-General of ASEAN to submit annually a report on the progress of the implementation of the Declaration to the Summit through the ASEAN Ministerial Meeting.
Signed on this 13th day of January 2007 in Cebu, Philippines.
THE RIGHTS OF MIGRANT WORKERS
We, the Heads of State and Government of the Association of Southeast Asian Nations (hereinafter referred to as ASEAN), attending the 12th ASEAN Summit on 13 January 2007 in Cebu, Philippines:
RECALLING the Declaration of ASEAN Concord II adopted at the 9th ASEAN Summit in Bali, Indonesia, which stipulated the establishment of an ASEAN Community resting on three pillars: an ASEAN Security Community, an ASEAN Economic Community and an ASEAN Socio-Cultural Community;
RECALLING also the Universal Declaration on Human Rights adopted and proclaimed by General Assembly Resolution 217(A)(III) of 10 December 1948, as well as other appropriate international instruments which all the ASEAN member countries have acceded to, in order to safeguard the human rights and fundamental freedoms of individuals such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;
RECALLING further the Vientiane Action Programme adopted at the 10th ASEAN Summit in Vientiane, Lao PDR, which provides for, inter alia, the promotion of human rights and obligations to realize an open, dynamic and resilient ASEAN Community;
CONFIRMING our shared responsibility to realize a common vision for a secure and prosperous ASEAN Community by improving the quality of life of its people and strengthening its cultural identity towards a people-centered ASEAN through, among others, measures on the protection and promotion of the rights of migrant workers;
RECOGNIZING the contributions of migrant workers to the society and economy of both receiving states and sending states of ASEAN;
RECOGNIZING further the sovereignty of states in determining their own migration policy relating to migrant workers, including determining entry into their territory and under which conditions migrant workers may remain;
ACKNOWLEDGING the legitimate concerns of the sending and receiving states over migrant workers, as well as the need to adopt appropriate and comprehensive migration policies on migrant workers;
ACKNOWLEDGING also the need to address cases of abuse and violence against migrant workers whenever such cases occur;
REITERATING that ASEAN should make further progress as a cohesive and caring society committed to enhancing the quality of life and well being of its people, especially those in the vulnerable and disadvantaged sectors;
HEREBY DECLARE AS FOLLOWS:
GENERAL PRINCIPLES
1. Both the sending state and receiving state shall strengthen the political, economic and social pillars of the ASEAN Community by promoting the full potential and dignity of migrant workers in a climate of freedom, equity, and stability in accordance with the laws, regulations, and policies of respective ASEAN Member Countries;
2. The receiving states and the sending states shall, for humanitarian reasons, closely cooperate to resolve the cases of migrant workers who, through no fault of their own, have subsequently become undocumented;
3. The receiving states and the sending states shall take into account the fundamental rights and dignity of migrant workers and family members already residing with them without undermining the application by the receiving states of their laws, regulations, and their policies.
4. Nothing in the present Declaration shall be interpreted as implying the regularization of the situation of migrant workers who are undocumented;
OBLIGATIONS OF RECEIVING STATES
Pursuant to the prevailing laws, regulations and policies of the respective receiving states, the receiving state will:
5. Intensify efforts to protect the fundamental human rights, promote the welfare and uphold human dignity of migrant workers;
6. Work towards the achievement of harmony and tolerance between receiving states and migrant workers;
7. Facilitate access to resources and remedies through information, training and education, access to justice, and social welfare services as appropriate and in accordance with the legislation of the receiving state, provided that they fulfill the requirements under applicable laws, regulations and policies of the said state, bilateral agreements and multilateral treaties;
8. Promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers;
9. Provide migrant workers, who may be victims of discrimination, abuse, exploitation, violence, with adequate access to the legal and judicial system of the receiving states;
10. Facilitate the exercise of consular functions to consular or diplomatic authorities of states of origin when a migrant worker is arrested or committed to prison or custody or detained in any other manner, under the laws and regulations of the receiving state and in accordance with the Vienna Convention on Consular Relations;
OBLIGATIONS OF SENDING STATES
Pursuant to the prevailing laws, regulations and policies of the respective sending states, the sending state will:
11. Enhance measures related to the promotion and protection of the rights of migrant workers;
12. Ensure access to employment and livelihood opportunities for their citizens as sustainable alternatives to migration of workers;
13. Set up policies and procedures to facilitate aspects of migration of workers, including recruitment, preparation for deployment overseas and protection of the migrant workers when abroad as well as repatriation and reintegration to the countries of origin;
14. Establish and promote legal practices to regulate recruitment of migrant workers and adopt mechanisms to eliminate recruitment malpractices through legal and valid contracts, regulation and accreditation of recruitment agencies and employers, and blacklisting of negligent/unlawful agencies;
COMMITMENTS BY ASEAN
For purposes of protecting and promoting the rights of migrant workers, Member Countries of ASEAN, in accordance with national laws, regulations and policies, will:
15. Promote decent, humane, productive, dignified and remunerative employment for migrant workers;
16. Establish and implement human resource development programs and reintegration programs for migrant workers in their countries of origin;
17. To take concrete measures to prevent or curb the smuggling and trafficking in persons by among others, introducing stiffer penalties for those who are involved in these activities;
18. Facilitate data-sharing on matters related to migrant workers, for the purpose of enhancing policies and programs concerning migrant workers in both sending and receiving states;
19. Promote capacity building by sharing of information, best practices as well as opportunities and challenges encountered by ASEAN Member Countries in relation to protection and promotion of migrant workers’ rights and welfare;
20. Extend assistance to migrant workers of ASEAN Member Countries who are caught in conflict or crisis situations outside ASEAN in the event of need and based on the capacities and resources of the Embassies and Consular Offices of the relevant ASEAN Member Countries, based on bilateral consultations and arrangements; and
21. Encourage international organizations, ASEAN dialogue partners and other countries to respect the principles and extend support and assistance to the implementation of the measures contained in this Declaration; and,
22. Task the relevant ASEAN bodies to follow up on the Declaration and to develop an ASEAN instrument on the protection and promotion of the rights of migrant workers, consistent with ASEAN’s vision of a caring and sharing Community, and direct the Secretary-General of ASEAN to submit annually a report on the progress of the implementation of the Declaration to the Summit through the ASEAN Ministerial Meeting.
Signed on this 13th day of January 2007 in Cebu, Philippines.
Friday, January 12, 2007
Firm dismayed by detention of workers (Star)
Friday January 12, 2007
Firm dismayed by detention of workers
KUANTAN: A landscape company spent six harrowing days trying to get its legal foreign workers out of a detention camp allegedly because of a Rela member’s bad mood.
The six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when Rela members “literally broke into their chalet and ordered them out.”
Such incidents are normally settled at a police station with employers producing the original documents.
Despite getting their workers back from the Ajil detention camp on Jan 2, the employers, brothers Tang Hui Han and Tang Hui Ku, were annoyed over the attitude of a Rela member identified only as Mat Ali.
In relating the incident at Wisma MCA in Jalan Bukit Ubi here, the two brothers said they received an SOS call from one of the workers, whom they had furnished with a cellphone on Dec 28.
Hui Han, 30, said they frantically searched for their workers in Cherating and contacted both the Kuantan district police headquarters and Beserah police station but were told their workers were not held there.
“Luckily, we decided to stop at the Beserah police station where we spotted our workers alighting from a lorry.
“We talked to the Rela members who headed the operations but they were mostly uncooperative.
“We continued to question them and finally one of them gave us the leader’s name and that he was not in a good mood,” he said.
Hui Han said he then approached Mat Ali and produced the passports and working permits for his perusal.
“To my surprise, the man shouted the word bodoh at me and pushed my brother Hui Ku towards his car.
“He then told us to get the workers at the Ajil detention camp.
“He refused to look at the documents as according to him, a police report had been made,” he said.
Perplexed by the situation, Hui Han waited until the Immigration Department office opened and spent the next two days trying to secure the release of the workers.
“The irony of the whole thing is that our workers were placed in Cherating as we had secured a big landscaping contract.
“They had been working there for two months without any problem and even the Immigration Department had been informed of their presence in Cherating,” he added.
He also questioned the purpose of the raid by more than 20 Rela members without the presence of police and Immigration officers.
“Just because he was in bad mood, was it proper for him to detain six workers in the wee hours of the morning?” he asked.
“Furthermore, he refused to acknowledge us as the employer despite having produced proper legal documents to secure their release,” Hui Han said.
The brothers, who run the Rasa Sayang florist and nursery centre in Jalan Teluk Sisek, took the matter to the attention of Kuantan MP Datuk Fu Ah Kiow, who asked Teruntum assemblyman Datuk Ti Lian Ker to resolve the issue.
They lodged a police report over the incident on Dec 30, expressing dissatisfaction over the manner of the Rela officer.
Monday, January 01, 2007
Inform public about Rela men’s role (Star) - Opinion
Monday January 1, 2007
Inform public about Rela men’s role
I REFER to Datin Nazirah’s letter, “Are Rela personnel trained?” (The Star, Dec 29).
I have been hearing a lot about the abuse of power by Rela personnel recently but was sceptical about the reports until I witnessed an incident myself.
During the recent police operation to nab illegal motorcycle racing on the Butterworth-Kulim xpressway, Rela personnel were stationed at traffic lights around a roundabout in Seberang Jaya.
I stopped at a red light junction and so did another motorcyclist. One Rela member immediately approached him and asked for his documents in the middle of the road!
When the motorcyclist hesitated, he was asked to move to the side and was forced to produce his documents.
Can Rela personnel check our documents in the first place? Must they be wearing uniforms all the time or there are undercover members?
It is about time the Government and the police started educating the public about this.
ANDRE OOI,
Seberang Jaya.
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